Submission for OMB Review; Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment (FAR Case 2019-009), 80101-80103 [2020-27211]

Download as PDF Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES holding companies (BHCs), savings and loan holding companies (SLHCs), and U.S. intermediate holding companies (IHCs) on their equity investments in nonfinancial companies. Respondents report the FR Y–12 either quarterly or semi-annually based on criteria in the report. The mandatory FR Y–12A report is filed annually by financial holding companies (FHCs) that hold merchant banking investments that are approaching the end of the holding periods permissible under the Board’s Regulation Y. Legal authorization and confidentiality: The Board is authorized to collect information on the FR Y–12 and FR Y–12A reports from BHCs (including BHCs that are FHCs) pursuant to section 5(c) of the Bank Holding Company Act (BHC Act), 12 U.S.C. 1844(c)(1)(A); from SLHCs pursuant to section 10(b)(2) of the Home Owners’ Loan Act, 12 U.S.C. 1467a(b)(2), as amended by sections 369(8) and 604(h)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act); and from IHCs pursuant to section 5(c) of the BHC Act, 12 U.S.C. 1844(c)(1)(A), as well as pursuant to sections 102(a)(1) and 165 of the Dodd-Frank Act, 12 U.S.C. 5311(a)(1) and 5365 2 and Regulation YY, 12 CFR 252.153(b)(2). In addition, with respect to the FR Y– 12A report, section 4(k)(7)(A) of the BHC Act, 12 U.S.C. 1843(k)(7)(A), authorizes the Board and the Treasury Department to jointly develop implementing regulations governing merchant banking activities for purposes of section 4(k)(4)(H) of the BHC Act. Section 4(k)(4)(H) of the BHC Act, 12 U.S.C. 1843(k)(4)(H), and subpart J of the Board’s Regulation Y, 12 CFR 225.170 et seq., authorize a BHC that has made an effective FHC election to acquire merchant banking investments that are not otherwise permissible for an FHC. Section 2 Section 165(b)(2) of the Dodd-Frank Act, 12 U.S.C. 5365(b)(2), refers to ‘‘foreign-based bank holding company.’’ Section 102(a)(1) of the DoddFrank Act, 12 U.S.C. 5311(a)(1), defines ‘‘bank holding company’’ for purposes of Title I of the Dodd-Frank Act to include foreign banking organizations that are treated as bank holding companies under section 8(a) of the International Banking Act, 12 U.S.C. 3106(a). The Board has required, pursuant to section 165(b)(1)(B)(iv) of the Dodd-Frank Act, 12 U.S.C. 5365(b)(1)(B)(iv), certain of the foreign banking organizations that are subject to section 165 of the Dodd-Frank Act to form U.S. intermediate holding companies. Accordingly, the parent foreign-based organization of a U.S. IHC is treated as a BHC for purposes of the BHC Act and section 165 of the Dodd-Frank Act. Because section 5(c) of the BHC Act authorizes the Board to require reports from subsidiaries of BHCs, section 5(c) provides additional authority to require U.S. IHCs to report the information contained in the FR Y– 12 and FR Y–12A reports. VerDate Sep<11>2014 23:25 Dec 10, 2020 Jkt 253001 10(c)(2)(H) of HOLA, as amended by section 606(b) of the Dodd-Frank Act, 12 U.S.C. 1467a(c)(2)(H), and section 8(a) of the International Bank Act, 12 U.S.C. 3106(a), extend certain authorities and requirements of the BHC Act to SLHCs and to foreign banks, respectively. The obligation to respond to the FR Y–12 and FR Y–12A reports is mandatory. The Board does not consider information collected on the FR Y–12 report to be confidential, and the completed version of this report generally is made available to the public upon request. However, in certain instances, specific information collected on an individual institution’s FR Y–12 report may be exempt from disclosure pursuant to exemption 4 of the Freedom of Information Act (FOIA), which protects from public disclosure ‘‘trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential’’ (5 U.S.C. 552(b)(4)). A reporting holding company may request confidential treatment for the specific data items the company believes should be withheld pursuant to exemption 4 of the FOIA, as provided in the Board’s Rules Regarding Availability of Information (12 CFR part 261.15). A request for confidential treatment should be submitted in writing concurrently with the submission of the FR Y–12 report. This written request must identify the specific data for which confidential treatment is sought and must provide the legal justification for which confidentiality is requested. The Federal Reserve will review any such request on a case-by-case basis to determine if confidential treatment is appropriate. The Federal Reserve may subsequently release information for which confidential treatment is requested, if (1) disclosure of such information is required by law (other than 5 U.S.C. 552); (2) the reporting holding company requested confidential treatment pursuant to 5 U.S.C. 552(b)(4) and more than 10 years have passed since the date of the submission unless the reporting company has requested and provided justification for a longer designation period; or (3) less than 10 years have passed since the request, but the Board believes that the information cannot be withheld from disclosure under 5 U.S.C. 552(b)(4), and the reporting holding company is provided with written notice of the Board’s views and with an opportunity to object to the Board’s disclosure. Current actions: On August 21, 2020, the Board published an initial notice in the Federal Register (85 FR 51719) requesting public comment for 60 days on the extension, with revision, of the PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 80101 FR Y–12 and the extension, without revision, of the FR Y–12A. The Board revised the FR Y–12 by (1) adding a new column to Schedules A and C to capture unrealized holding gains (losses) on equity securities not held for trading recognized as income in accordance with Accounting Standards Update (ASU 2016–01, ‘‘Recognition and Measurement of Financial Assets and Financial Liabilities’’); (2) adding guidance to the instructions for the reporting of equity securities in accordance with ASU 2016–01; and (3) making other minor clarifications and conforming edits to the form and instructions. The revisions to the FR Y– 12 are applicable as of the December 31, 2020, reporting date. The comment period for this notice expired on October 20, 2020. The Board did not receive any comments. The revisions will be implemented as proposed. Board of Governors of the Federal Reserve System, December 7, 2020. Michele Taylor Fennell, Deputy Associate Secretary of the Board. [FR Doc. 2020–27345 Filed 12–10–20; 8:45 am] BILLING CODE 6210–01–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0201; Docket No. 2020–0053; Sequence No. 6] Submission for OMB Review; Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment (FAR Case 2019–009) Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice. AGENCY: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve a revision and extension of a previously approved information collection requirement regarding representations and reporting associated with implementation of Federal Acquisition Regulation (FAR) rule 2019–009, Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment. SUMMARY: E:\FR\FM\11DEN1.SGM 11DEN1 80102 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices Submit comments on or before January 11, 2021. ADDRESSES: Written comments and recommendations for this information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under Review—Open for Public Comments’’ or by using the search function. Additionally, submit a copy to GSA through http://www.regulations.gov and follow the instructions on the site. This website provides the ability to type short comments directly into the comment field or attach a file for lengthier comments. Instructions: All items submitted must cite OMB Control No. 9000–0201, Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment (FAR Case 2019–009). Comments received generally will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check regulations.gov, approximately two-to-three days after submission to verify posting. If there are difficulties submitting comments, contact the GSA Regulatory Secretariat Division at 202– 501–4755 or GSARegSec@gsa.gov. FOR FURTHER INFORMATION CONTACT: FAR Policy at telephone 202–969–4075, or farpolicy@gsa.gov. SUPPLEMENTARY INFORMATION: DATES: A. OMB Control Number, Title, and any Associated Form(s) 9000–0201, Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment (FAR Case 2019–009). jbell on DSKJLSW7X2PROD with NOTICES B. Need and Uses This information collection supports implementation of subparagraph (a)(1)(B) of Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115– 232). This section prohibits executive agencies from entering into, or extending or renewing, a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, on or after August 13, 2020, unless an exception applies or a waiver has been granted. VerDate Sep<11>2014 23:25 Dec 10, 2020 Jkt 253001 This requirement is implemented in the FAR through the provision at FAR 52.204–24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, the clause at FAR 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment, and the provision at FAR 52.204–26, Covered Telecommunications Equipment or Services—Representation. Information collected under the provision at FAR 52.204–24 will be used to identify if an offeror uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, and their intended use in order to determine whether the prohibition applies. Information collected under the clause at FAR 52.204–25 will consist of reports from contractors who have identified, post-award, the use of any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, and requires a disclosure that will be used by agency personnel to identify and consult with legal counsel and the program office on next steps regarding the prohibited equipment or services. If the Government seeks a waiver from the prohibition, the offeror will be required to provide a full and complete laydown of the presence of covered telecommunications or video surveillance equipment or services in the entity’s supply chain, a phase-out plan to eliminate such covered telecommunications equipment or services from the offeror’s systems, and any other information necessary for the agency to process the waiver. Information collected under the provision at FAR 52.204–26 will be used to identify if an offeror uses any covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. C. Annual Burden The first notice for this information collection was published prior to the second interim rule that published on August 2 at 85 FR 53126. The information collection has been updated to reflect the second interim rule that added the representation in FAR 52.204–26. The annual public reporting burden for this collection of information is estimated as follows: PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 Agency: DoD, GSA, and NASA. Type of Information Collection: New Collection. Title of Collection: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. FAR Provision: 52.204–24 Affected Public: Private Sector— Business. Total Estimated Number of Respondents: 81,902. Average Responses per Respondent: 380. Total Estimated Number of Responses: 31,083,433. Average Time (for both positive and negative representations) per Response: 3 hours. Total Annual Time Burden: 93,250,299. Agency: DoD, GSA, and NASA. Type of Information Collection: New Collection. Title of Collection: Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. FAR Clause: 52.204–25 Affected Public: Private Sector— Business. Total Estimated Number of Respondents: 5,140. Average Responses per Respondent: 5. Total Estimated Number of Responses: 25,700. Average Time per Response: 3 hours. Total Annual Time Burden: 77,100. Agency: DoD, GSA, and NASA. Type of Information Collection: New Collection. Title of Collection: Waiver from Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. FAR Clause: 52.204–25 Affected Public: Private Sector— Business. Total Estimated Number of Respondents: 20,000. Average Responses per Respondent: 1. Total Estimated Number of Responses: 20,000. Average Time per Response: 160 hours. Total Annual Time Burden: 3,200,000. Agency: DoD, GSA, and NASA. Type of Information Collection: New Collection. Title of Collection: Covered Telecommunications Equipment or Services—Representation. FAR Provision: 52.204–26 Affected Public: Private Sector— Business. Total Estimated Number of Respondents: 387,967. Average Responses per Respondent: 1. E:\FR\FM\11DEN1.SGM 11DEN1 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES Total Estimated Number of Responses: 387,967. Average Time per Response: 1 hour. Total Annual Time Burden: 387,967. The public reporting burden for this collection of information consists of a representation to identify whether an offeror uses covered telecommunications equipment or services for each offer as required by FAR 52.204–26 and 52.204–24, information required for a waiver from the prohibition in FAR 52.204–25, and reports of identified use of covered telecommunications equipment or services as required by FAR 52.204–25. The representation at FAR 52.204–24 is estimated to average 3 hours per response to review the prohibitions, research the source of the product or service, and complete the additional detailed disclosure, if applicable. Reports required by FAR 52.204–25 are estimated to average 3 hours per response, including the time for reviewing definitions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the report. If the Government seeks a waiver from the prohibition, the offeror will be required to provide a full and complete laydown of the presence of covered telecommunications or video surveillance equipment or services in the entity’s supply chain and a phaseout plan to eliminate such covered telecommunications equipment or services from the offeror’s systems. There is no way to estimate the total number of waivers at this time. For the purposes of complying with the PRA analysis, DoD, GSA, and NASA estimate 20,000 waivers; however there is no data for the basis of this estimate. This estimate may be higher or lower once the rule is in effect. The representation at FAR 52.204–26 must be completed by each offeror at least annually. This provision requires an offeror to represent whether it ‘‘does’’ or ‘‘does not’’ use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. The representation at FAR 52.204–26 is estimated to average 1 hour per response to review and complete the representation. D. Public Comments The first interim rule to implement Section 889(a)(1)(B) was published in the Federal Register at 85 FR 42665 on July 14, 2020 and included the information collection for the updates to FAR at 52.204–24 and 52.204–25. The request for public comment (60-day VerDate Sep<11>2014 23:25 Dec 10, 2020 Jkt 253001 notice) on that information collection was published separately at 85 FR 50026 on August 17, 2020. Subsequently, a second interim rule was published at 85 FR 53126 on August 27, 2020 that added an information collection requirement for the provision at FAR 52.204–26 and included a request for public comment (60-day notice) on the revised information collection. A total of four comments were received on the 60-day notice published on August 17th, and no comments were received on the revised information collection in response to the second interim rule. The comments did not address Paperwork Reduction Act issues. None of the commenters expressed an opinion on whether these collections of information are needed; whether the estimated number of burden hours is accurate; or ways to minimize the burden of the collection of information. We have not changed the estimate of the burden in the rule. Obtaining Copies: Requesters may obtain a copy of the information collection documents from the GSA Regulatory Secretariat Division by calling 202–501–4755 or emailing GSARegSec@gsa.gov. Please cite OMB Control No. 9000– 0201, Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment (FAR Case 2019–009). William F. Clark, Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2020–27211 Filed 12–10–20; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Toxic Substances and Disease Registry [30Day–21–0055] Agency Forms Undergoing Paperwork Reduction Act Review In accordance with the Paperwork Reduction Act of 1995, the Agency for Toxic Substances and Disease Registry (ATSDR) has submitted the information collection request titled ‘‘ATSDR Communication Activities Survey (ACAS)’’ to the Office of Management and Budget (OMB) for review and approval. ATSDR previously published a ‘‘Proposed Data Collection Submitted for Public Comment and Recommendations’’ notice on 04/03/ PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 80103 2020 to obtain comments from the public and affected agencies. ATSDR did not receive comments related to the previous notice. This notice serves to allow an additional 30 days for public and affected agency comments. ATSDR will accept all comments for this proposed information collection project. The Office of Management and Budget is particularly interested in comments that: (a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; (d) Minimize the burden of the collection of information on those who are to respond, including, through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses; and (e) Assess information collection costs. To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639–7570. Comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/ do/PRAMain Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Direct written comments and/or suggestions regarding the items contained in this notice to the Attention: CDC Desk Officer, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503 or by fax to (202) 395–5806. Provide written comments within 30 days of notice publication. Proposed Project ATSDR Communication Activities Survey (ACAS) (OMB Control No. 0923– 0055, Exp. 06/30/2020)—Reinstatement with Change—Agency for Toxic Substances and Disease Registry (ATSDR). Background and Brief Description The Agency for Toxic Substances and Disease Registry (ATSDR) is seeking a E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80101-80103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27211]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0201; Docket No. 2020-0053; Sequence No. 6]


Submission for OMB Review; Prohibition on Contracting with 
Entities Using Certain Telecommunications and Video Surveillance 
Services or Equipment (FAR Case 2019-009)

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division has submitted to the Office of 
Management and Budget (OMB) a request to review and approve a revision 
and extension of a previously approved information collection 
requirement regarding representations and reporting associated with 
implementation of Federal Acquisition Regulation (FAR) rule 2019-009, 
Prohibition on Contracting with Entities Using Certain 
Telecommunications and Video Surveillance Services or Equipment.

[[Page 80102]]


DATES: Submit comments on or before January 11, 2021.

ADDRESSES: Written comments and recommendations for this information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function. Additionally, submit a copy 
to GSA through http://www.regulations.gov and follow the instructions 
on the site. This website provides the ability to type short comments 
directly into the comment field or attach a file for lengthier 
comments.
    Instructions: All items submitted must cite OMB Control No. 9000-
0201, Prohibition on Contracting with Entities Using Certain 
Telecommunications and Video Surveillance Services or Equipment (FAR 
Case 2019-009). Comments received generally will be posted without 
change to http://www.regulations.gov, including any personal and/or 
business confidential information provided. To confirm receipt of your 
comment(s), please check regulations.gov, approximately two-to-three 
days after submission to verify posting. If there are difficulties 
submitting comments, contact the GSA Regulatory Secretariat Division at 
202-501-4755 or [email protected].

FOR FURTHER INFORMATION CONTACT: FAR Policy at telephone 202-969-4075, 
or [email protected].

SUPPLEMENTARY INFORMATION:

A. OMB Control Number, Title, and any Associated Form(s)

    9000-0201, Prohibition on Contracting with Entities Using Certain 
Telecommunications and Video Surveillance Services or Equipment (FAR 
Case 2019-009).

B. Need and Uses

    This information collection supports implementation of subparagraph 
(a)(1)(B) of Section 889 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Pub. L. 115-232). This section 
prohibits executive agencies from entering into, or extending or 
renewing, a contract with an entity that uses any equipment, system, or 
service that uses covered telecommunications equipment or services as a 
substantial or essential component of any system, or as critical 
technology as part of any system, on or after August 13, 2020, unless 
an exception applies or a waiver has been granted.
    This requirement is implemented in the FAR through the provision at 
FAR 52.204-24, Representation Regarding Certain Telecommunications and 
Video Surveillance Services or Equipment, the clause at FAR 52.204-25, 
Prohibition on Contracting for Certain Telecommunications and Video 
Surveillance Services or Equipment, and the provision at FAR 52.204-26, 
Covered Telecommunications Equipment or Services--Representation.
    Information collected under the provision at FAR 52.204-24 will be 
used to identify if an offeror uses any equipment, system, or service 
that uses covered telecommunications equipment or services as a 
substantial or essential component of any system, or as critical 
technology as part of any system, and their intended use in order to 
determine whether the prohibition applies.
    Information collected under the clause at FAR 52.204-25 will 
consist of reports from contractors who have identified, post-award, 
the use of any equipment, system, or service that uses covered 
telecommunications equipment or services as a substantial or essential 
component of any system, or as critical technology as part of any 
system, and requires a disclosure that will be used by agency personnel 
to identify and consult with legal counsel and the program office on 
next steps regarding the prohibited equipment or services.
    If the Government seeks a waiver from the prohibition, the offeror 
will be required to provide a full and complete laydown of the presence 
of covered telecommunications or video surveillance equipment or 
services in the entity's supply chain, a phase-out plan to eliminate 
such covered telecommunications equipment or services from the 
offeror's systems, and any other information necessary for the agency 
to process the waiver.
    Information collected under the provision at FAR 52.204-26 will be 
used to identify if an offeror uses any covered telecommunications 
equipment or services, or any equipment, system, or service that uses 
covered telecommunications equipment or services.

C. Annual Burden

    The first notice for this information collection was published 
prior to the second interim rule that published on August 2 at 85 FR 
53126. The information collection has been updated to reflect the 
second interim rule that added the representation in FAR 52.204-26.
    The annual public reporting burden for this collection of 
information is estimated as follows:
    Agency: DoD, GSA, and NASA.
    Type of Information Collection: New Collection.
    Title of Collection: Representation Regarding Certain 
Telecommunications and Video Surveillance Services or Equipment.
    FAR Provision: 52.204-24
    Affected Public: Private Sector--Business.
    Total Estimated Number of Respondents: 81,902.
    Average Responses per Respondent: 380.
    Total Estimated Number of Responses: 31,083,433.
    Average Time (for both positive and negative representations) per 
Response: 3 hours.
    Total Annual Time Burden: 93,250,299.
    Agency: DoD, GSA, and NASA.
    Type of Information Collection: New Collection.
    Title of Collection: Prohibition on Contracting for Certain 
Telecommunications and Video Surveillance Services or Equipment.
    FAR Clause: 52.204-25
    Affected Public: Private Sector--Business.
    Total Estimated Number of Respondents: 5,140.
    Average Responses per Respondent: 5.
    Total Estimated Number of Responses: 25,700.
    Average Time per Response: 3 hours.
    Total Annual Time Burden: 77,100.
    Agency: DoD, GSA, and NASA.
    Type of Information Collection: New Collection.
    Title of Collection: Waiver from Prohibition on Contracting for 
Certain Telecommunications and Video Surveillance Services or 
Equipment.
    FAR Clause: 52.204-25
    Affected Public: Private Sector--Business.
    Total Estimated Number of Respondents: 20,000.
    Average Responses per Respondent: 1.
    Total Estimated Number of Responses: 20,000.
    Average Time per Response: 160 hours.
    Total Annual Time Burden: 3,200,000.
    Agency: DoD, GSA, and NASA.
    Type of Information Collection: New Collection.
    Title of Collection: Covered Telecommunications Equipment or 
Services--Representation.
    FAR Provision: 52.204-26
    Affected Public: Private Sector--Business.
    Total Estimated Number of Respondents: 387,967.
    Average Responses per Respondent: 1.

[[Page 80103]]

    Total Estimated Number of Responses: 387,967.
    Average Time per Response: 1 hour.
    Total Annual Time Burden: 387,967.
    The public reporting burden for this collection of information 
consists of a representation to identify whether an offeror uses 
covered telecommunications equipment or services for each offer as 
required by FAR 52.204-26 and 52.204-24, information required for a 
waiver from the prohibition in FAR 52.204-25, and reports of identified 
use of covered telecommunications equipment or services as required by 
FAR 52.204-25.
    The representation at FAR 52.204-24 is estimated to average 3 hours 
per response to review the prohibitions, research the source of the 
product or service, and complete the additional detailed disclosure, if 
applicable. Reports required by FAR 52.204-25 are estimated to average 
3 hours per response, including the time for reviewing definitions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the report.
    If the Government seeks a waiver from the prohibition, the offeror 
will be required to provide a full and complete laydown of the presence 
of covered telecommunications or video surveillance equipment or 
services in the entity's supply chain and a phase-out plan to eliminate 
such covered telecommunications equipment or services from the 
offeror's systems. There is no way to estimate the total number of 
waivers at this time. For the purposes of complying with the PRA 
analysis, DoD, GSA, and NASA estimate 20,000 waivers; however there is 
no data for the basis of this estimate. This estimate may be higher or 
lower once the rule is in effect.
    The representation at FAR 52.204-26 must be completed by each 
offeror at least annually. This provision requires an offeror to 
represent whether it ``does'' or ``does not'' use covered 
telecommunications equipment or services, or any equipment, system, or 
service that uses covered telecommunications equipment or services. The 
representation at FAR 52.204-26 is estimated to average 1 hour per 
response to review and complete the representation.

D. Public Comments

    The first interim rule to implement Section 889(a)(1)(B) was 
published in the Federal Register at 85 FR 42665 on July 14, 2020 and 
included the information collection for the updates to FAR at 52.204-24 
and 52.204-25. The request for public comment (60-day notice) on that 
information collection was published separately at 85 FR 50026 on 
August 17, 2020. Subsequently, a second interim rule was published at 
85 FR 53126 on August 27, 2020 that added an information collection 
requirement for the provision at FAR 52.204-26 and included a request 
for public comment (60-day notice) on the revised information 
collection.
    A total of four comments were received on the 60-day notice 
published on August 17th, and no comments were received on the revised 
information collection in response to the second interim rule. The 
comments did not address Paperwork Reduction Act issues. None of the 
commenters expressed an opinion on whether these collections of 
information are needed; whether the estimated number of burden hours is 
accurate; or ways to minimize the burden of the collection of 
information. We have not changed the estimate of the burden in the 
rule.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division by 
calling 202-501-4755 or emailing [email protected].
    Please cite OMB Control No. 9000-0201, Prohibition on Contracting 
with Entities Using Certain Telecommunications and Video Surveillance 
Services or Equipment (FAR Case 2019-009).

William F. Clark,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2020-27211 Filed 12-10-20; 8:45 am]
BILLING CODE 6820-EP-P