[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Notices]
[Pages 29116-29117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13402]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0197; Docket No. 2018-0003; Sequence No. 19]


Information Collection; Use of Products and Services of Kaspersky 
Lab

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

ACTION: Notice of request for comments regarding an extension to an 
existing OMB clearance.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division will be submitting to the Office of 
Management and Budget (OMB) a request to review and approve an existing 
OMB emergency clearance notice.

DATES: Submit comments on or before August 21, 2018.

ADDRESSES: Submit comments identified by Information Collection 9000-
0197; Use of Products and Services of Kaspersky Lab, by any of the 
following methods:
    <bullet> Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for the OMB 
Control number 9000-0197. Select the link ``Comment Now'' that 
corresponds with ``Information Collection 9000-0197; Use of Products 
and Services of Kaspersky Lab''. Follow the instructions on the screen. 
Please include your name, company name (if any), and ``Information 
Collection 9000-0197; Use of Products and Services of Kaspersky Lab.
    <bullet> Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405-
0001. ATTN: Ms. Mandell/IC 9000-0197; Use of Products and Services of 
Kaspersky Lab.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0197; Use of Products and Services of Kaspersky Lab, in 
all correspondence related to this collection. 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 
www.regulations.gov, approximately two-to-three days after

[[Page 29117]]

submission to verify posting (except allow 30 days for posting of 
comments submitted by mail).

SUPPLEMENTARY INFORMATION:

A. Purpose

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA) 
provides that an agency generally cannot conduct or sponsor a 
collection of information, and no person is required to respond to, nor 
be subject to, a penalty for failure to comply with a collection of 
information, unless that collection has obtained Office of Management 
and Budget (OMB) approval and displays a currently valid OMB Control 
Number.
    DoD, GSA, and NASA requested and OMB authorized emergency 
processing of an information collection involved in this rule, as OMB 
Control Number 9000-0197 (FAR case 2018-010, 52.204-23, Prohibition on 
Contracting for Hardware, Software, and Services Developed or Provided 
by Kaspersky Lab and Other Covered Entities) consistent with 5 CFR 
1320.13. DoD, GSA, and NASA have determined the following conditions 
have been met:
    a. The collection of information is needed prior to the expiration 
of time periods normally associated with a routine submission for 
review under the provisions of the Paperwork Reduction Act, in view of 
the deadline for this provision of the NDAA which was signed into law 
in December 2017 and requires action before the prohibition goes into 
effect on October 1, 2018.
    b. The collection of information is essential to the mission of the 
agencies to ensure the Federal Government does not purchase prohibited 
articles, and can respond appropriately if any such articles are not 
identified until after delivery or use.
    c. The use of normal clearance procedures would prevent the 
collection of information from contractors, for national security 
purposes.
    This requirement supports implementation of Section 1634 of 
Division A of the National Defense Authorization Act for Fiscal Year 
2018 (Pub. L. 115-91). This section prohibits Government use of any 
hardware, software, or services developed or provided, in whole or in 
part, by Kaspersky Lab or its related entities. This requirement is 
implemented in the Federal Acquisition Regulation (FAR) through the 
clause at FAR 52.204-23, Prohibition on Contracting for Hardware, 
Software, and Services Developed or Provided by Kaspersky Lab and Other 
Covered Entities.
    This clearance covers the following requirement:

    FAR 52.204-23 requires contractors to report covered products 
identified during performance of a contract.
    DoD, GSA, and NASA request approval of this information 
collection in order to implement the law. The information will be 
used by agency personnel to identify and remove prohibited hardware, 
software, or services from Government use. Under the Paperwork 
Reduction Act (PRA) of 1995, Federal agencies must obtain approval 
from the Office of Management and Budget (OMB) for each collection 
of information they conduct or sponsor.

    A notice was published in the Federal Register at 83 FR 28141, on 
June 15, 2018, as a part of an interim rule under FAR Case 2018-010, 
Use of Products and Services of Kaspersky Lab.

B. Annual Reporting Burden

    Number of Respondents: 4,882.
    Responses per Respondent: 5.
    Total Responses: 24,410.
    Average Burden Hours per Response: 1.5.
    Total Burden Hours: 36,615.
    The public reporting burden for this collection of information 
consists of reports of identified covered articles during contract 
performance as required by 52.204-23. Reports are estimated to average 
1.5 hour per response, including the time for reviewing definitions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the report.

C. Public Comments

    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, and will have practical utility; whether the 
estimate of the public burden of this collection of information is 
accurate, and based on valid assumptions and methodology; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information on those entities who will respond, through the use of 
appropriate technological collection techniques or other forms of 
information technology (IT).
    With respect to the evaluation of burdens, in particular, DoD, GSA, 
and NASA especially welcome public comments on:
    (1) The types of personnel that would be involved in developing and 
maintaining compliance with prohibition and required reports (e.g., IT 
security and cyber specialists, attorneys, compliance officers) and 
assumptions about the amount of labor hours and associated costs 
required to meet these responsibilities;
    (2) The types of system changes specifically required within an 
entity to comply with this rule, as well as associated costs; and
    (3) Steps that an entity will take in order to achieve compliance, 
as well as associated hours and costs;
    (4) Any data that can help to inform the average number of 
subcontracts that may be affected by this rule.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat Division (MVCB), 1800 F Street 
NW, Washington, DC 20405, telephone 202-501-4755.
    Please cite OMB Control No. 9000-0197, Use of Products and Services 
of Kaspersky Lab, in all correspondence.

    Dated: June 18, 2018.
William Clark,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Govenrmentwide Policy.
[FR Doc. 2018-13402 Filed 6-21-18; 8:45 am]
 BILLING CODE 6820-EP-P