[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: [email protected], 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: http://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: http://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support
by email at [email protected], 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 http://www.ferc.gov/docs-filing/docs-filing.asp.
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], 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