43782 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices 

1Published in the Federal Register at 82 FR 

43248 (Sept. 14, 2017). 

Dated: September 11, 2017. 

Ira S. Reese, 

Executive Director, Laboratories and 

Scientific Services Directorate. 

[FR Doc. 2017–19863 Filed 9–18–17; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

Waiver of Compliance With Navigation 

Laws; Hurricanes Harvey and Irma 

AGENCY: Office of the Secretary, 

Department of Homeland Security. 

ACTION: Notice. 

On September 8, 2017, I issued a 

limited waiver of the Jones Act upon the 

recommendation of the Department of 

Energy and at the request of the 

Department of Defense.1 Hurricane 

Harvey striking the U.S. Gulf Coast has 

resulted in severe disruptions in both 

the midstream and downstream sectors 

of the oil supply system. Some 

refineries and pipeline networks are 

shut-in or running at reduced rates. 

Thus, conditions exist for a continued 

shortage of energy supply in areas 

predicted to be affected by Hurricane 

Irma. In light of this, the Department of 

Energy has recommended that the 

Department of Homeland Security 

waive the requirements of the Jones Act 

in the interest of national defense to 

facilitate the transportation of the 

necessary volume of petroleum products 

through September 22, 2017. 

Furthermore, the Department of Defense 

has requested a waiver of the Jones Act 

in the interest of national defense 

through September 22, 2017, 

commencing immediately. 

The Jones Act, 46 United States Code 

(U.S.C.) 55102, states that a vessel may 

not provide any part of the 

transportation of merchandise by water, 

or by land and water, between points in 

the United States to which the coastwise 

laws apply, either directly or via a 

foreign port unless the vessel was built 

in and documented under the laws of 

the United States and is wholly owned 

by persons who are citizens of the 

United States. Such a vessel, after 

obtaining a coastwise endorsement from 

the U.S. Coast Guard, is ‘‘coastwisequalified.’’ The coastwise laws generally 

apply to points in the territorial sea, 

which is defined as the belt, three 

nautical miles wide, seaward of the 

territorial sea baseline, and to points 

located in internal waters, landward of 

the territorial sea baseline. 

The navigation laws, including the 

coastwise laws, can be waived under the 

authority provided by 46 U.S.C. 501. 

The statute provides in relevant part 

that on request of the Secretary of 

Defense, the head of an agency 

responsible for the administration of the 

navigation or vessel-inspection laws 

shall waive compliance with those laws 

to the extent the Secretary considers 

necessary in the interest of national 

defense. 46 U.S.C. 501(a). 

For the reasons stated above, and in 

light of the request from the Department 

of Defense and the concurrence of the 

Department of Energy, I am exercising 

my authority to waive the Jones Act 

through September 22, 2017, 

commencing immediately, to facilitate 

movement of refined petroleum 

products, including gasoline, diesel, and 

jet fuel, to be shipped from New York, 

New Jersey, Delaware, Maryland, 

Pennsylvania, New Mexico, Texas, 

Louisiana, Mississippi, Alabama, and 

Arkansas to Florida, Georgia, South 

Carolina, North Carolina, Virginia, West 

Virginia, and Puerto Rico. This waiver 

applies to covered merchandise laded 

on board a vessel through and including 

September 22, 2017. 

Executed this 12th day of September, 

2017. 

Elaine C. Duke, 

Acting Secretary of Homeland Security. 

[FR Doc. 2017–19902 Filed 9–18–17; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

National Protection and Programs 

Directorate; Notification of Issuance of 

Binding Operational Directive 17–01 

and Establishment of Procedures for 

Responses 

AGENCY: National Protection and 

Programs Directorate, DHS. 

ACTION: Issuance of binding operational 

directive; procedures for responses; 

notice of availability. 

SUMMARY: In order to safeguard Federal 

information and information systems, 

DHS has issued a binding operational 

directive to all Federal, executive 

branch departments and agencies 

relating to information security 

products, solutions, and services 

supplied, directly or indirectly, by AO 

Kaspersky Lab or affiliated companies. 

The binding operational directive 

requires agencies to identify Kasperskybranded products (as defined in the 

directive) on Federal information 

systems, provide plans to discontinue 

use of Kaspersky-branded products, 

and, at 90 calendar days after issuance 

of the directive, unless directed 

otherwise by DHS in light of new 

information, begin to remove Kasperskybranded products. DHS is also 

establishing procedures, which are 

detailed in this notice, to give entities 

whose commercial interests are directly 

impacted by this binding operational 

directive the opportunity to respond, 

provide additional information, and 

initiate a review by DHS. 

DATES: Binding Operational Directive 

17–01 was issued on September 13, 

2017. DHS must receive responses from 

impacted entities on or before 

November 3, 2017. 

ADDRESSES: Submit electronic responses 

to Binding Operational Directive 17–01, 

along with any additional information 

or evidence, to BOD.Feedback@

hq.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of Homeland Security 

(‘‘DHS’’ or ‘‘the Department’’) has the 

statutory responsibility, in consultation 

with the Office of Management and 

Budget, to administer the 

implementation of agency information 

security policies and practices for 

information systems, which includes 

assisting agencies and providing certain 

government-wide protections. 44 U.S.C. 

3553(b). As part of that responsibility, 

the Department is authorized to 

‘‘develop[ ] and oversee[ ] the 

implementation of binding operational 

directives to agencies to implement the 

policies, principles, standards, and 

guidance developed by the Director [of 

the Office of Management and Budget] 

and [certain] requirements of [the 

Federal Information Security 

Modernization Act of 2014.]’’ 44 U.S.C. 

3553(b)(2). A binding operational 

directive (‘‘BOD’’) is ‘‘a compulsory 

direction to an agency that (A) is for 

purposes of safeguarding Federal 

information and information systems 

from a known or reasonably suspected 

information security threat, 

vulnerability, or risk; [and] (B) [is] in 

accordance with policies, principles, 

standards, and guidelines issued by the 

Director[.]’’ 44 U.S.C. 3552(b)(1). 

Agencies are required to comply with 

these directives. 44 U.S.C. 

3554(a)(1)(B)(ii). 

Overview of BOD 17–01 

In carrying out this statutory 

responsibility, the Department issued 

BOD 17–01, titled ‘‘Removal of 

Kaspersky-Branded Products.’’ The text 

of BOD 17–01 is reproduced in the next 

section of this document. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices 43783 

1The template for agency plans has not been 

reproduced in the Federal Register, but is available 

(in electronic format) from DHS upon request. 

2The email address to be used by Federal 

agencies to contact the DHS Binding Operational 

Continued 

Binding Operational Directive 17–01 

may have adverse consequences for the 

commercial interests of AO Kaspersky 

Lab or other entities. Therefore, the 

Department will provide entities whose 

commercial interests are directly 

impacted by BOD 17–01 the opportunity 

to respond to the BOD, as detailed in the 

Administrative Process for Responding 

to Binding Operational Directive 17–01 

section of this notice, below. 

Text of BOD 17–01 

Binding Operational Directive BOD– 

17–01 

Original Issuance Date: September 13, 

2017 

Applies to: All Federal Executive 

Branch Departments and Agencies 

FROM: Elaine C. Duke, Acting 

Secretary, Department of Homeland 

Security 

CC: Mick Mulvaney, Director, Office of 

Management and Budget 

SUBJECT: Removal of KasperskyBranded Products 

A binding operational directive is a 

compulsory direction to Federal, 

executive branch, departments and 

agencies for purposes of safeguarding 

Federal information and information 

systems. 44 U.S.C. 3552(b)(1). The 

Department of Homeland Security 

(DHS) develops and oversees the 

implementation of binding operational 

directives pursuant to the Federal 

Information Security Modernization Act 

of 2014 (‘‘FISMA’’). 44 U.S.C. 

3553(b)(2). Federal agencies are required 

to comply with these DHS-developed 

directives. 44 U.S.C. 3554(a)(1)(B)(ii). 

DHS binding operational directives do 

not apply to statutorily defined 

‘‘National Security Systems’’ nor to 

certain systems operated by the 

Department of Defense and the 

Intelligence Community. 44 U.S.C. 

3553(d)–(e). 

Background: DHS, in consultation 

with interagency partners, has 

determined that the risks presented by 

Kaspersky-branded products justify 

issuance of this Binding Operational 

Directive. 

Definitions: 

• ‘‘Agencies’’ means all Federal, 

executive branch, departments and 

agencies. This directive does not apply 

to statutorily defined ‘‘National Security 

Systems’’ nor to certain systems 

operated by the Department of Defense 

and the Intelligence Community. 44 

U.S.C. 3553(d)–(e) 

• ‘‘Kaspersky-branded products’’ 

means information security products, 

solutions, and services supplied, 

directly or indirectly, by AO Kaspersky 

Lab or any of its predecessors, 

successors, parents, subsidiaries, or 

affiliates, including Kaspersky Lab 

North America, Kaspersky Lab, Inc., and 

Kaspersky Government Security 

Solutions, Inc. (collectively, 

‘‘Kaspersky’’), including those identified 

below. 

Kaspersky-branded products currently 

known to DHS are: Kaspersky AntiVirus; Kaspersky Internet Security; 

Kaspersky Total Security; Kaspersky 

Small Office Security; Kaspersky Anti 

Targeted Attack; Kaspersky Endpoint 

Security; Kaspersky Cloud Security 

(Enterprise); Kaspersky Cybersecurity 

Services; Kaspersky Private Security 

Network; and Kaspersky Embedded 

Systems Security. 

This directive does not address 

Kaspersky code embedded in the 

products of other companies. It also 

does not address the following 

Kaspersky services: Kaspersky Threat 

Intelligence and Kaspersky Security 

Training. 

• ‘‘Federal information system’’ 

means an information system used or 

operated by an agency or by a contractor 

of an agency or by another organization 

on behalf of an agency. 

Required Actions: All agencies are 

required to: 

1. Within 30 calendar days after 

issuance of this directive, identify the 

use or presence of Kaspersky-branded 

products on all Federal information 

systems and provide to DHS a report 

that includes: 

a. A list of Kaspersky-branded 

products found on agency information 

systems. If agencies do not find the use 

or presence of Kaspersky-branded 

products on their Federal information 

systems, inform DHS that no Kasperskybranded products were found. 

b. The number of endpoints impacts 

by each product, and 

c. The methodologies employed to 

identify the use or presence of the 

products. 

2. Within 60 calendar days after 

issuance of this directive, develop and 

provide to DHS a detailed plan of action 

to remove and discontinue present and 

future use of all Kaspersky-branded 

products beginning 90 calendar days 

after issuance of this directive. Agency 

plans must address the following 

elements in the attached template 1 at a 

minimum: 

a. Agency name. 

b. Point of contact information, 

including name, telephone number, and 

email address. 

c. List of identified products. 

d. Number of endpoints impacted. 

e. Methodologies employed to 

identify the use or presence of the 

products. 

f. List of Agencies (components) 

impacted within Department. 

g. Mission function of impacted 

endpoints and/or systems. 

h. All contracts, service-level 

agreements, or other agreements your 

agency has entered into with Kaspersky. 

i. Timeline to remove identified 

products. 

j. If applicable, FISMA performance 

requirements or security controls that 

product removal would impact, 

including but not limited to data loss/ 

leakage prevention, network access 

control, mobile device management, 

sandboxing/detonation chamber, Web 

site reputation filtering/web content 

filtering, hardware and software 

whitelisting, vulnerability and patch 

management, anti-malware, anti-exploit, 

spam filtering, data encryption, or other 

capabilities. 

k. If applicable, chosen or proposed 

replacement products/capabilities. 

l. If applicable, timeline for 

implementing replacement products/ 

capabilities. 

m. Foreseeable challenges not 

otherwise addressed in this plan. 

n. Associated costs related to licenses, 

maintenance, and replacement (please 

coordinate with agency Chief Financial 

Officers). 

3. At 90 calendar days after issuance 

of this directive, and unless directed 

otherwise by DHS based on new 

information, begin to implement the 

agency plan of action and provide a 

status report to DHS on the progress of 

that implementation every 30 calendar 

days thereafter until full removal and 

discontinuance of use is achieved. 

DHS Actions: 

• DHS will rely on agency selfreporting and independent validation 

measures for tracking and verifying 

progress. 

• DHS will provide additional 

guidance through the Federal 

Cybersecurity Coordination, 

Assessment, and Response Protocol (the 

C–CAR Protocol) following the issuance 

of this directive. 

Potential Budgetary Implications: 

DHS understands that compliance with 

this BOD could result in budgetary 

implications. Agency Chief Information 

Officers (CIOs) and procurement officers 

should coordinate with the agency Chief 

Financial Officer (CFO), as appropriate. 

DHS Point of Contact: Binding 

Operational Directive Team.2


asabaliauskas on DSKBBXCHB2PROD with NOTICES
43784 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices 

Directive Team has not been reproduced in the 

Federal Register. 

3The template for agency plans has not been 

reproduced in the Federal Register, but is available 

(in electronic format) from DHS upon request. 

Attachment: BOD 17–01 Plan of 

Action Template.3

Administrative Process for Responding 

to Binding Operational Directive 17–01 

The Department will provide entities 

whose commercial interests are directly 

impacted by BOD 17–01 the opportunity 

to respond to the BOD, as detailed 

below: 

• The Department has notified 

Kaspersky about BOD 17–01 and 

outlined the Department’s concerns that 

led to the decision to issue this BOD. 

This correspondence with Kaspersky is 

available (in electronic format) to other 

parties whose commercial interests are 

directly impacted by BOD–17–01, upon 

request. Requests must be directed to 

BOD.Feedback@hq.dhs.gov. 

• If it wishes to initiate a review by 

DHS, by November 3, 2017, Kaspersky, 

and any other entity that claims its 

commercial interests will be directly 

impacted by the BOD, must provide the 

Department with a written response and 

any additional information or evidence 

supporting the response, to explain the 

adverse consequences, address the 

Department’s concerns, or mitigate 

those concerns. 

• The Department’s Assistant 

Secretary for Cybersecurity and 

Communications, or another official 

designated by the Secretary of 

Homeland Security (‘‘the Secretary’’), 

will review the materials relevant to the 

issues raised by the entity, and will 

issue a recommendation to the Secretary 

regarding the matter. The Secretary’s 

decision will be communicated to the 

entity in writing by December 13, 2017. 

• The Secretary reserves the right to 

extend the timelines identified above. 

Elaine C. Duke, 

Secretary of Homeland Security (Acting), 

Department of Homeland Security. 

[FR Doc. 2017–19838 Filed 9–18–17; 8:45 am] 

BILLING CODE 9910–9P–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[178A2100DD/AAKC001030/ 

A0A501010.999900 253G] 

Proclaiming Certain Lands as 

Reservation for the Jamestown 

S’Klallam Tribe of Washington 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of reservation 

proclamation. 

SUMMARY: This notice informs the public 

that the Acting Assistant Secretary— 

Indian Affairs proclaimed 

approximately 267.29 acres, more or 

less, an addition to the reservation of 

the Jamestown S’Klallam Tribe on July 

21, 2017. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sharlene M. Round Face, Bureau of 

Indian Affairs, Division of Real Estate 

Services, 1849 C Street NW., MS–4642– 

MIB, Washington, DC 20240, 

Telephone: (202) 208–3615. 

SUPPLEMENTARY INFORMATION: This 

notice is published in the exercise of 

authority delegated by the Secretary of 

the Interior to the Assistant Secretary— 

Indian Affairs by part 209 of the 

Departmental Manual. 

A proclamation was issued according 

to the Act of June 18, 1934 (48 Stat. 986; 

25 U.S.C. 5110) for the land described 

below. The land was proclaimed to be 

the Jamestown S’Klallam Reservation 

for the Jamestown S’Klallam Tribe, 

Clallam County, State of Washington. 

Jamestown S’Klallam Reservation for 

the Jamestown S’Klallam Tribe 

14 Parcels—Legal Description 

Containing 267.29 Acres, More or Less 

Tribal Tract Number: 129–T1004 

Legal description containing 5.090 

acres, more or less. 

That portion of Lot 28 of Keeler’s 

Sunrise Beach, as recorded in Volume 4 

of plats, page 46, records of Clallam 

County, Washington, lying between the 

Northeasterly right of way line of the 

Chicago, Milwaukee, St. Paul and 

Pacific Railway and the Northeasterly 

right of way line of the present existing 

State Highway No. 9 and bounded on 

the Southeasterly end by the Northerly 

right of way line of the existing Old 

Olympic Highway; 

Also, that portion of the Northeast 

Quarter of the Southeast Quarter of 

Section 34, Township 30 North, Range 

3 West, W.M., Clallam County, 

Washington, lying between the 

Northeasterly right of way line of the 

Chicago, Milwaukee, St. Paul and 

Pacific Railway and the Northeasterly 

right of way line of the present existing 

State Highway No. 9. 

Excepting therefrom that portion of 

the Northeast Quarter of the Southeast 

Quarter of said Section 34, Township 30 

North, Range 3 West, W.M., Clallam 

County, Washington, described as 

follows starting and ending at the point 

identified as the True Point Of 

Beginning: 

Commencing at the East Quarter 

Corner of said Section 34; thence North 

87°42′55′′ West, a distance of 317.69 feet 

along the North Line of the said 

Northeast Quarter of the Southeast 

Quarter to a point lying on the 

Northeasterly right-of-way line of the 

abandoned Chicago, Milwaukee, St. 

Paul and Pacific Railroad and the True 

Point Of Beginning; Thence South 

49°56′33′′ East along said right-of-way 

line, a distance of 112.08 feet to a point 

lying on a tangent curve, concave 

Southwesterly and having a radius of 

2914.62 feet; Thence Southeasterly 

along said curve through a central angle 

of 05°25′36′′, an arc length of 276.05 

feet; Thence leaving said curve North 

85°53′09′′ West, a distance of 33.08 feet; 

Thence North 46°13′33′′ West, a 

distance of 372.52 feet to the North line 

of said Northeast Quarter of the 

Southeast Quarter; Thence South 

87°42′55′′ East along said North line, a 

distance of 13.65 feet to the True Point 

of Beginning. As described in Boundary 

Line Agreement recorded May 29, 2007 

as Recording No. 2007–1201967. Said 

instrument is a re-recording of Auditor’s 

File No. 2007–1200907 and 2007– 

1201792. Situate in the County of 

Clallam, State of Washington. 

Containing 5.090 acres, more or less. 

Tribal Tract Number: 130–T1169 

Legal description containing 30.36 

acres, more or less. 

Parcel A: The East Half of the 

Southeast Quarter of the Northeast 

Quarter and the Southeast Quarter of the 

Northeast Quarter of the Northeast 

Quarter in Section 11, Township 30 

North, Range 4 West, W.M., Clallam 

County, Washington. 

Parcel B: An easement for ingress, 

egress and utilities over a 30 foot 

easement along the East Line of the 

Northeast Quarter of the Northeast 

Quarter of the Northeast Quarter in 

Section 11, Township 30 North, Range 

4 West, W.M., Clallam County, 

Washington. Containing 30.36 acres, 

more or less. 

Tribal Tract Number: 129–T1003 

Legal description containing 5.00 

acres, more or less. 

Parcel A: That portion of the South 

Half of the Northeast Quarter of the 

Northeast Quarter of Section 26, 

Township 30 North, Range 4 West, 

W.M., Clallam County, Washington, 

described as Parcel 1 as delineated on 

Survey recorded in Volume 4 of 

Surveys, page 25, under Auditor’s File 

No. 497555, situate in Clallam County, 

State of Washington. 

Parcel B: An easement for ingress, 

egress and utilities over, under and 


asabaliauskas on DSKBBXCHB2PROD with NOTICES