43782 Federal Register Vol 82 No 180 Tuesday September 19 2017 Notices 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 Office of the Secretary Department of Homeland Security ACTION Notice asabaliauskas on DSKBBXCHB2PROD with NOTICES AGENCY 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 1 Published in the Federal Register at 82 FR 43248 Sept 14 2017 VerDate Sep 11 2014 17 12 Sep 18 2017 Jkt 241001 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 National Protection and Programs Directorate DHS ACTION Issuance of binding operational directive procedures for responses notice of availability AGENCY 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 SUMMARY PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 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 E FR FM 19SEN1 SGM 19SEN1 Federal Register Vol 82 No 180 Tuesday September 19 2017 Notices asabaliauskas on DSKBBXCHB2PROD with NOTICES 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 o ''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 o ''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 VerDate Sep 11 2014 17 12 Sep 18 2017 Jkt 241001 43783 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 o ''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 o DHS will rely on agency selfreporting and independent validation measures for tracking and verifying progress o 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 1 The template for agency plans has not been reproduced in the Federal Register but is available in electronic format from DHS upon request 2 The email address to be used by Federal agencies to contact the DHS Binding Operational PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E FR FM 19SEN1 SGM Continued 19SEN1 43784 Federal Register Vol 82 No 180 Tuesday September 19 2017 Notices Attachment BOD 17-01 Plan of Action Template 3 ACTION Notice of reservation proclamation 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 o 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 o 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 o 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 o The Secretary reserves the right to extend the timelines identified above SUMMARY 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 asabaliauskas on DSKBBXCHB2PROD with NOTICES 178A2100DD AAKC001030 A0A501010 999900 253G Proclaiming Certain Lands as Reservation for the Jamestown S'Klallam Tribe of Washington AGENCY Bureau of Indian Affairs Interior Directive Team has not been reproduced in the Federal Register 3 The template for agency plans has not been reproduced in the Federal Register but is available in electronic format from DHS upon request VerDate Sep 11 2014 17 12 Sep 18 2017 Jkt 241001 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 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 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 E FR FM 19SEN1 SGM 19SEN1 This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu