Commission Information Collection Activities (FERC-603); Comment Request, 17235-17237 [2017-07084]

Agencies

• DEPARTMENT OF ENERGY
• Federal Energy Regulatory Commission

[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Notices]
[Pages 17235-17237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07084]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC17-3-000]


Commission Information Collection Activities (FERC-603); Comment 
Request

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Comment request.

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SUMMARY: The Federal Energy Regulatory Commission (Commission or FERC) 
previously issued a 60-day Notice in the Federal Register requesting 
public comments on FERC-603 (Critical Energy/Electric Infrastructure 
Information (CEII) Request). The Commission received no comments.
    In compliance with the requirements of the Paperwork Reduction Act 
of 1995, the Commission is submitting the FERC-603 to the Office of 
Management and Budget (OMB) for review of the information collection 
requirements. Any interested person may file comments directly with OMB 
and should address a copy of those comments to the Commission as 
explained below.

DATES: Comments on the FERC-603 are due by May 10, 2017.

ADDRESSES: Comments filed with OMB, identified by the OMB Control No. 
1902-0197 should be sent via email to the Office of Information and 
Regulatory Affairs: oira_submission@omb.gov, Attention: Federal Energy 
Regulatory Commission Desk Officer.
    A copy of the comments should also be sent to the Commission, in 
Docket No. IC17-3-000, by either of the following methods:
     eFiling at Commission's Web site: https://www.ferc.gov/docs-filing/efiling.asp
     Mail/Hand Delivery/Courier: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in 
accordance with submission guidelines at: https://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support 
by email at ferconlinesupport@ferc.gov, or by phone at: (866) 208-3676 
(toll-free), or (202) 502-8659 for TTY.

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    Docket: Users interested in receiving automatic notification of 
activity in this docket or in viewing/downloading comments and 
issuances in this docket may do so at https://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at 
DataClearance@FERC.gov, by telephone at (202) 502-8663, and by fax at 
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-603, Critical Energy/Electric Infrastructure 
Information (CEII) Request.
    OMB Control No.: 1902-0197.
    Type of Request: Three-year extension of the information collection 
requirements for FERC-603, with no changes to the current reporting 
requirements.\1\ Clarifications and an administrative update, as 
discussed below, will be included.
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    \1\ The Commission previously issued a 60-day Notice in the 
Federal Register (82 FR 8735, 1/30/2017) requesting public comments 
on FERC-603. The Commission received no comments.
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    Abstract: This collection is used by the Commission to implement 
procedures for individuals with a valid or legitimate need requesting 
access to Critical Energy/Electric Infrastructure Information (CEII), 
which is exempt from disclosure under the Freedom of Information Act (5 
U.S.C. 552), subject to a non-disclosure agreement.
    On February, 21, 2003, the Commission issued Order No. 630 (66 FR 
52917) to address the appropriate treatment of Critical Energy 
Infrastructure Information in the aftermath of the September 11, 2001 
terrorist attacks. Given that such information would typically be 
exempt from mandatory disclosure pursuant to the Freedom of Information 
Act, the Commission determined that it was important to have a process 
for individuals with a valid and legitimate need to access certain 
critical infrastructure information. As such, the Commission's Critical 
Energy Infrastructure Information process was designed to limit the 
distribution of critical infrastructure information to those 
individuals with a need to know in order to avoid having sensitive 
information fall into the hands of those who may use it to attack the 
Nation's infrastructure.\2\ This collection was prepared as part of the 
implementation of the Critical Energy Infrastructure Information 
request process.
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    \2\ The Commission defined Critical Energy Infrastructure 
Information to include information about ``existing or proposed 
critical infrastructure that: (i) Relates to the production, 
generation, transportation, transmission, or distribution of energy; 
(ii) could be useful to a person planning an attack on critical 
infrastructure; (iii) is exempt from mandatory disclosure under the 
Freedom of Information Act, and (iv) does not simply give the 
location of the critical infrastructure. Critical infrastructure 
means existing and proposed systems and assets, whether physical or 
virtual, the incapacity or destruction of which would negatively 
affect security, economic security, public health or safety, or any 
combination of those matters.
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    On December 4, 2015, President Obama signed the Fixing America's 
Surface Transportation Act (FAST Act) into law, which directed the 
Commission to issue regulations aimed at securing and sharing critical 
infrastructure information.\3\ On November 17, 2016, in Order No. 833 
(in Docket No. RM16-15), the Commission adopted a Final Rule 
implementing the FAST Act by amending its regulations that pertain to 
the designation, protection, and sharing of Critical Energy/Electric 
Infrastructure Information (CEII). The Final Rule became effective on 
February 21, 2017.\4\
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    \3\ Fixing America's Surface Transportation Act, Pub. L. 114-94, 
61,003, 129 Stat. 1312, 1773-1779 (2015) (to be codified at 16 
U.S.C. 824 et seq.) (FAST Act).
    \4\ The sample CEII Request Form will be posted with this Notice 
in Docket No. IC17-3 in eLibrary, but it will not be published in 
the Federal Register.
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    FERC-603, Critical Energy/Electric Infrastructure Information 
(CEII) request form is largely unchanged from the previously approved 
version. As in the previous version, a person seeking access to CEII 
must file a request for that information by providing information about 
their identity and the reason the individual needs the information. 
With that information, the Commission is able to assess the requester's 
need for the information against the sensitivity of the information. 
The form will be updated to refer to CEII as Critical Energy/Electric 
Infrastructure Information as opposed to Critical Energy Infrastructure 
Information.\5\ The form will also be updated to provide clarification 
about the statement of need that CEII requesters must provide by 
referring individuals to the regulations.\6\ Compliance with these 
requirements is mandatory. A sample updated CEII request form is 
attached to this notice.
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    \5\ Section 215A(a)(3) of the FAST Act defined Critical Electric 
Infrastructure Information to include information that qualifies as 
critical energy infrastructure information under the Commission's 
regulations. The Commission therefore defined the term ``Critical 
Electric Infrastructure Information'' to include ``Critical Energy 
Infrastructure Information'' as defined under the Commission's 
existing regulations and determined to refer to both types of 
information, collectively, as CEII.
    \6\ Specifically, 18 CFR 388.113(g)(5)(i)(b) states that a 
Statement of Need must include: The extent to which a particular 
function is dependent upon access to the information; why the 
function cannot be achieved or performed without access to the 
information; an explanation of whether other information is 
available to the requester that could facilitate the same objective; 
how long the information will be needed; whether or not the 
information is needed to participate in a specific proceeding (with 
that proceeding identified); and an explanation of whether the 
information is needed expeditiously.
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    Type of Respondent: Persons seeking access to CEII.
    Estimate of Annual Burden: \7\ The Commission estimates the total 
annual burden and cost \8\ for this information collection as follows.
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    \7\ ``Burden'' is the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. For further 
explanation of what is included in the information collection 
burden, refer to Title 5 Code of Federal Regulations 1320.3.
    \8\ The Commission staff thinks that the average respondent for 
this collection is similarly situated to the Commission, in terms of 
salary plus benefits. Based upon FERC's 2016 annual average of 
$154,647 (for salary plus benefits), the average hourly cost is 
$74.50/hour.

                                          FERC-603: Critical Energy/Electric Infrastructure Information Request
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                                         Annual number  of
         Number of respondents             responses per      Total number of    Average burden and cost   Total annual burden hours       Cost per
                                            respondent           responses             per response           & total annual cost       respondent ($)
(1)                                                   (2)         (1)*(2)=(3)   (4)......................  (3)*(4)=(5)..............            (5)/(1)
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200...................................                  1                 200   0.3 hrs. (rounded);        60 hrs. (rounded); $4,470             $22.35
                                                                                 $22.35.
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    Comments: Comments are invited on: (1) Whether the collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information will have practical 
utility;

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(2) the accuracy of the agency's estimates of the burden and cost of 
the collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information collection; and (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.

    Dated: April 4, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-07084 Filed 4-7-17; 8:45 am]
 BILLING CODE 6717-01-P