Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 80101 

2Section 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. 

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 

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 

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) 

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. 


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80102 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 

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 GSARegSec@gsa.gov. 

FOR FURTHER INFORMATION CONTACT: FAR 

Policy at telephone 202–969–4075, or 

farpolicy@gsa.gov. 

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. 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 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 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 

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/ 

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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