Commission Information Collection Activities (FERC-603); Comment Request; Extension, 43234-43235 [2020-15353]

Download as PDF 43234 Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Notices authorization pursuant to section 7 of the NGA. Pursuant to section 157.9 of the Commission’s rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: complete its environmental assessment (EA) and place it into the Commission’s public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff’s issuance of the EA for this proposal. The filing of the EA in the Commission’s public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff’s EA. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenter’s will be placed on the Commission’s environmental mailing list and will be notified of any meetings associated with the Commission’s environmental review process. Environmental commenter’s will not be required to serve copies of filed documents on all other parties. However, the non-party commenters, will not receive copies of all documents filed by other parties or issued by the Commission and will not have the right to seek court review of the Commission’s final order. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the internet through the Commission’s Home Page (https:// ferc.gov) using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact the Federal Energy Regulatory Commission at FERCOnlineSupport@ferc.gov or call toll-free, (886) 208–3676 or TYY, (202) 502–8659. The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the ‘‘eFiling’’ link at https:// www.ferc.gov. Persons unable to file electronically may mail similar pleadings to the Federal Energy Regulatory Commission, 888 First Street VerDate Sep<11>2014 17:43 Jul 15, 2020 Jkt 250001 NE, Washington, DC 20426. Hand delivered submissions in docketed proceedings should be delivered to Health and Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852. Dated: July 10, 2020. Kimberly D. Bose, Secretary. [FR Doc. 2020–15357 Filed 7–15–20; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC20–13–000] Commission Information Collection Activities (FERC–603); Comment Request; Extension Federal Energy Regulatory Commission, DOE. ACTION: Notice of information collection and request for comments. AGENCY: In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the currently approved information collection FERC– 603 (Critical Energy/Electric Infrastructure Information Data Request) and submitting the information collection to the Office of Management and Budget (OMB) for review. 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 collection of information are due August 17, 2020. ADDRESSES: Comments should be submitted to OMB through www.reginfo.gov/public/do/PRAMain, Attention: Federal Energy Regulatory Commission Desk Officer. Please identify OMB Control Number 1902– 0197 in the subject line of your comments; comments should be sent within 30 days of publication of this notice in the Federal Register. OMB submissions must be formatted and filed in accordance with submission guidelines at www.reginfo.gov/public/ do/PRAMain. Using the search function under the ‘‘Currently Under Review’’ field, select Federal Energy Regulatory Commission; click ‘‘submit,’’ and select ‘‘comment’’ to the right of the subject collection. A copy of the comments should also be sent to the Commission, in Docket SUMMARY: PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 No. IC20–13–000, by the following methods: • eFiling at Commission’s Website: https://www.ferc.govp. • Mail by U.S. Postal Service: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426 • Deliveries other than by U.S. Postal Service: Health and Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852. FERC submissions must be formatted and filed in accordance with submission guidelines at: https://www.ferc.gov. For user assistance, contact FERC Online Support by email at ferconlinesupport@ ferc.gov, or by phone at: (866) 208–3676 (toll-free). 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. FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at DataClearance@FERC.gov and telephone at (202) 502–8663. SUPPLEMENTARY INFORMATION: Title: FERC–603, Critical Energy/ Electric Infrastructure Information Data Request. OMB Control No.: 1902–0197. Type of Request: Three-year extension of the FERC–603 information collection requirements with no changes to the current reporting and recordkeeping requirements, other than the signed statement from the requester attesting to the accuracy of the information provided in the request, which was inadvertently omitted from the prior version of the form.1 Abstract: The Commission published a 60-day Notice 2 in the Federal Register on March 27, 2020, requesting public comment. In addition, the Commission issued an Errata Notice on April 1, 2020, including the form.3 The Commission received one comment from the Eastern Interconnection Planning Collaborative (EIPC) with recommendations for changes to the Form 603 and to the CEII process generally. EIPC states that the form does not adequately protect CEII, specifically the detailed grid information included in Parts 2, 3, and 6 of FERC Form No. 715. EIPC urges the Commission to revamp the statement of need section to ‘‘require a demonstration that dissemination of the 1 This requirement was inadvertently omitted from the previous form. See 18 CFR 388.113(g)(5)(i)(D). 2 85 FR 17326 3 See https://elibrary.ferc.gov/idmws/common/ OpenNat.asp?fileID=15501007 and https:// elibrary.ferc.gov/idmws/common/ OpenNat.asp?fileID=15501008. E:\FR\FM\16JYN1.SGM 16JYN1 Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Notices information would enhance the work of those entities charged with ensuring bulk power reliability of the electric grid.’’ While the Commission acknowledges EIPC’s comments and Commission staff will coordinate a meeting to hear EIPC’s concerns, the purpose of the FERC–603 form review is to request comments on the burden on public requesters who need to complete the form to receive CEII. EIPC’s comments do not address this issue and could result in additional burdens on CEII requesters. Accordingly, EIPC’s concerns do not support modifying the CEII request form for purposes of the Paperwork Reduction Act. We emphasize and reiterate, however, that EIPC will have a subsequent opportunity to more fully express its concerns and to be heard in the appropriate forum and at the appropriate time. FERC–603 is used by the Commission to implement procedures for individuals (including federal and state agencies, consultants, and others) with a valid or legitimate need for 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. Examples of the various non-disclosure agreements, and other agreements, that are used to ensure that the information is not improperly shared with individuals who have not been approved to receive the specific CEII by the Commission, are available at: https://www.ferc.gov/enforcement-legal/ ceii/electronic-ceii-request-form. On February 21, 2003, the Commission issued Order No. 630 (66 FR 52917) to address the appropriate treatment of CEII in the aftermath of the September 11, 2001, terrorist attacks and to restrict access due to the ongoing terrorism threat. Given that such information would typically be exempt from mandatory disclosure pursuant to FOIA, the Commission determined that it was important to have a process for individuals with a valid or legitimate need to access certain sensitive energy infrastructure information. As such, the Commission’s CEII process is designed to limit the distribution of sensitive 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.4 This collection was prepared as part of the implementation of the CEII request process. On December 4, 2015, the President signed the Fixing America’s Surface Transportation Act (FAST Act) into law, which directed the Commission to issue regulations aimed at securing and sharing sensitive infrastructure information.5 On November 17, 2016, in Order No. 833 (in Docket No. RM16–15), the Commission adopted a Final Rule implementing the FAST Act by 43235 amending its regulations that pertain to the designation, protection, and sharing of CEII. The Final Rule became effective on February 19, 2017. The FERC–603, Critical Energy/ Electric Infrastructure Information (CEII) request form, is largely unchanged from the previously approved versions. As in the previous versions, a person or entity 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 updated form has been changed to include one additional requirement, a signed statement from the requester attesting to the accuracy of the information provided in the request. This requirement was inadvertently omitted from the previous form. See 18 CFR 388.113(g)(5)(i)(D). The Request Form 6 is attached to this notice but will not be published in the Federal Register. It will be posted in the Commission’s eLibrary system with this Notice. Type of Respondent: Persons and organizations 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. FERC–603: CRITICAL ENERGY/ELECTRIC INFRASTRUCTURE INFORMATION REQUEST Number of respondents Annual number of responses per respondent Total number of responses Average burden hours and cost ($) per response Total annual burden hours and total annual cost ($) Cost ($) per respondent (1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1) 100 1 100 0.3 hrs.; $24 .................................. 30 hrs.; $2,400 .............................. $24 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; (2) the accuracy of the agency’s estimate 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 4 The Commission defined CEII 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.’’ 5 Fixing America’s Surface Transportation Act, Public Law 114–94, 61,003, 129 Stat. 1312, 1773– 1779 (2015) (to be codified at 16 U.S.C. 824 et seq.) (FAST Act). 6 The Request Form (and sample non-disclosure agreements) and additional information about the CEII program are posted at: https://www.ferc.gov/ enforcement-legal/ceii/overview. VerDate Sep<11>2014 17:43 Jul 15, 2020 Jkt 250001 of automated collection techniques or other forms of information technology. Dated: July 10, 2020. Kimberly D. Bose, Secretary. [FR Doc. 2020–15353 Filed 7–15–20; 8:45 am] BILLING CODE 6717–01–P PO 00000 Frm 00031 Fmt 4703 Sfmt 9990 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 the FERC’s 2019 average cost for salary plus benefits, the average hourly cost is $80/hour. E:\FR\FM\16JYN1.SGM 16JYN1

Agencies

[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Notices]
[Pages 43234-43235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15353]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC20-13-000]


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

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collection and request for comments.

-----------------------------------------------------------------------

SUMMARY: In compliance with the requirements of the Paperwork Reduction 
Act of 1995, the Federal Energy Regulatory Commission (Commission or 
FERC) is soliciting public comment on the currently approved 
information collection FERC-603 (Critical Energy/Electric 
Infrastructure Information Data Request) and submitting the information 
collection to the Office of Management and Budget (OMB) for review. 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 collection of information are due August 17, 
2020.

ADDRESSES: Comments should be submitted to OMB through www.reginfo.gov/public/do/PRAMain, Attention: Federal Energy Regulatory Commission Desk 
Officer. Please identify OMB Control Number 1902-0197 in the subject 
line of your comments; comments should be sent within 30 days of 
publication of this notice in the Federal Register. OMB submissions 
must be formatted and filed in accordance with submission guidelines at 
www.reginfo.gov/public/do/PRAMain. Using the search function under the 
``Currently Under Review'' field, select Federal Energy Regulatory 
Commission; click ``submit,'' and select ``comment'' to the right of 
the subject collection.
    A copy of the comments should also be sent to the Commission, in 
Docket No. IC20-13-000, by the following methods:
     eFiling at Commission's Website: https://www.ferc.govp.
     Mail by U.S. Postal Service: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE, 
Washington, DC 20426
     Deliveries other than by U.S. Postal Service: Health and 
Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852.
    FERC submissions must be formatted and filed in accordance with 
submission guidelines at: https://www.ferc.gov. For user assistance, 
contact FERC Online Support by email at [email protected], or 
by phone at: (866) 208-3676 (toll-free).
    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.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at 
[email protected] and telephone at (202) 502-8663.

SUPPLEMENTARY INFORMATION: 
    Title: FERC-603, Critical Energy/Electric Infrastructure 
Information Data Request.
    OMB Control No.: 1902-0197.
    Type of Request: Three-year extension of the FERC-603 information 
collection requirements with no changes to the current reporting and 
recordkeeping requirements, other than the signed statement from the 
requester attesting to the accuracy of the information provided in the 
request, which was inadvertently omitted from the prior version of the 
form.\1\
---------------------------------------------------------------------------

    \1\ This requirement was inadvertently omitted from the previous 
form. See 18 CFR 388.113(g)(5)(i)(D).
---------------------------------------------------------------------------

    Abstract: The Commission published a 60-day Notice \2\ in the 
Federal Register on March 27, 2020, requesting public comment. In 
addition, the Commission issued an Errata Notice on April 1, 2020, 
including the form.\3\ The Commission received one comment from the 
Eastern Interconnection Planning Collaborative (EIPC) with 
recommendations for changes to the Form 603 and to the CEII process 
generally. EIPC states that the form does not adequately protect CEII, 
specifically the detailed grid information included in Parts 2, 3, and 
6 of FERC Form No. 715. EIPC urges the Commission to revamp the 
statement of need section to ``require a demonstration that 
dissemination of the

[[Page 43235]]

information would enhance the work of those entities charged with 
ensuring bulk power reliability of the electric grid.''
---------------------------------------------------------------------------

    \2\ 85 FR 17326
    \3\ See https://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=15501007 and https://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=15501008.
---------------------------------------------------------------------------

    While the Commission acknowledges EIPC's comments and Commission 
staff will coordinate a meeting to hear EIPC's concerns, the purpose of 
the FERC-603 form review is to request comments on the burden on public 
requesters who need to complete the form to receive CEII. EIPC's 
comments do not address this issue and could result in additional 
burdens on CEII requesters. Accordingly, EIPC's concerns do not support 
modifying the CEII request form for purposes of the Paperwork Reduction 
Act. We emphasize and reiterate, however, that EIPC will have a 
subsequent opportunity to more fully express its concerns and to be 
heard in the appropriate forum and at the appropriate time.
    FERC-603 is used by the Commission to implement procedures for 
individuals (including federal and state agencies, consultants, and 
others) with a valid or legitimate need for 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. Examples of the various non-disclosure 
agreements, and other agreements, that are used to ensure that the 
information is not improperly shared with individuals who have not been 
approved to receive the specific CEII by the Commission, are available 
at: https://www.ferc.gov/enforcement-legal/ceii/electronic-ceii-request-form.
    On February 21, 2003, the Commission issued Order No. 630 (66 FR 
52917) to address the appropriate treatment of CEII in the aftermath of 
the September 11, 2001, terrorist attacks and to restrict access due to 
the ongoing terrorism threat. Given that such information would 
typically be exempt from mandatory disclosure pursuant to FOIA, the 
Commission determined that it was important to have a process for 
individuals with a valid or legitimate need to access certain sensitive 
energy infrastructure information. As such, the Commission's CEII 
process is designed to limit the distribution of sensitive 
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.\4\ This 
collection was prepared as part of the implementation of the CEII 
request process.
---------------------------------------------------------------------------

    \4\ The Commission defined CEII 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.''
---------------------------------------------------------------------------

    On December 4, 2015, the President signed the Fixing America's 
Surface Transportation Act (FAST Act) into law, which directed the 
Commission to issue regulations aimed at securing and sharing sensitive 
infrastructure information.\5\ 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 CEII. The Final Rule became 
effective on February 19, 2017.
---------------------------------------------------------------------------

    \5\ Fixing America's Surface Transportation Act, Public Law 114-
94, 61,003, 129 Stat. 1312, 1773-1779 (2015) (to be codified at 16 
U.S.C. 824 et seq.) (FAST Act).
---------------------------------------------------------------------------

    The FERC-603, Critical Energy/Electric Infrastructure Information 
(CEII) request form, is largely unchanged from the previously approved 
versions. As in the previous versions, a person or entity 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 updated form has been changed to include one 
additional requirement, a signed statement from the requester attesting 
to the accuracy of the information provided in the request. This 
requirement was inadvertently omitted from the previous form. See 18 
CFR 388.113(g)(5)(i)(D).
    The Request Form \6\ is attached to this notice but will not be 
published in the Federal Register. It will be posted in the 
Commission's eLibrary system with this Notice.
---------------------------------------------------------------------------

    \6\ The Request Form (and sample non-disclosure agreements) and 
additional information about the CEII program are posted at: https://www.ferc.gov/enforcement-legal/ceii/overview.
---------------------------------------------------------------------------

    Type of Respondent: Persons and organizations 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.
---------------------------------------------------------------------------

    \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 the FERC's 2019 average cost for 
salary plus benefits, the average hourly cost is $80/hour.

                      FERC-603: Critical Energy/Electric Infrastructure Information Request
----------------------------------------------------------------------------------------------------------------
                  Annual  number                      Average burden hours  Total annual burden
   Number of      of  responses    Total number  of      and cost ($) per     hours  and total     Cost ($) per
  respondents    per  respondent       responses            response          annual cost ($)       respondent
(1)                         (2)     (1) * (2) = (3)   (4).................  (3) * (4) = (5)....       (5) / (1)
----------------------------------------------------------------------------------------------------------------
           100                1                 100   0.3 hrs.; $24.......  30 hrs.; $2,400....             $24
----------------------------------------------------------------------------------------------------------------

    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; (2) the accuracy of the agency's estimate 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: July 10, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-15353 Filed 7-15-20; 8:45 am]
BILLING CODE 6717-01-P


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