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]
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
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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.
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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
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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:
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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 https://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 https://
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.
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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:
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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.
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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
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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/
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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
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]]>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]
-----------------------------------------------------------------------
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 https://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 https://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
