Notice2023-12241
Commission Information Collection Activities (FERC-725B(5))
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 8, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
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-725B(5), (Mandatory Reliability Standards, Critical Infrastructure Protection (CIP-003-9)- Temporary Placeholder for FERC-725B that is pending approval at OMB. No Comments were received on the 60-day notice published on March 30, 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 110 (Thursday, June 8, 2023)</title>
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[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Notices]
[Pages 37525-37527]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12241]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RD23-3-000]
Commission Information Collection Activities (FERC-725B(5))
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
ACTION: Notice of information collection and request for comments.
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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-725B(5), (Mandatory Reliability Standards,
Critical Infrastructure Protection (CIP-003-9)- Temporary Placeholder
for FERC-725B that is pending approval at OMB.
No Comments were received on the 60-day notice published on March
30, 2023.
DATES: Comments on the collection of information are due July 10, 2023.
ADDRESSES: Send written comments on FERC-725B(5), Mandatory Reliability
Standards, Critical Infrastructure Protection (CIP-003-9) to OMB
through <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Attention: Federal Energy
Regulatory Commission Desk Officer. Please identify the OMB Control No:
1902-NEW(FERC-725B(5)) in the subject line of your comments. Comments
should be sent within 30 days of publication of this notice to
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Please submit copies of your comments to the Commission. You may
submit copies of your comments (identified by Docket No. RD23-3-000) by
one of the following methods:
Electronic filing through <a href="https://www.ferc.gov">https://www.ferc.gov</a>, is preferred.
<bullet> Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
<bullet> For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
[cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
[cir] Hand (including courier) delivery: Deliver to: Federal Energy
Regulatory Commission, Secretary of the Commission, 12225 Wilkins
Avenue, Rockville, MD 20852.
Instructions: OMB submissions must be formatted and filed in
accordance with submission guidelines at <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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.
FERC submissions must be formatted and filed in accordance with
submission guidelines at: <a href="https://www.ferc.gov">https://www.ferc.gov</a>. For user assistance,
contact FERC Online Support by email at <a href="/cdn-cgi/l/email-protection#583e3d2a3b37363431363d2b2d2828372a2c183e3d2a3b763f372e"><span class="__cf_email__" data-cfemail="096f6c7b6a66676560676c7a7c7979667b7d496f6c7b6a276e667f">[email protected]</span></a>, 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 <a href="https://www.ferc.gov/ferc-online/overview">https://www.ferc.gov/ferc-online/overview</a>.
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<a href="/cdn-cgi/l/email-protection#6e2a0f1a0f2d020b0f1c0f000d0b2e282b3c2d40090118"><span class="__cf_email__" data-cfemail="2266435643614e474350434c414762646770610c454d54">[email protected]</span></a>, telephone at (202) 502-8663.
SUPPLEMENTARY INFORMATION:
Title: FERC-725B(5) (Mandatory Reliability Standards, Critical
Infrastructure Protection (CIP-003-9))--Temporary Placeholder for FERC-
725B that is pending approval at OMB
OMB Control No.: 1902-NEW.
Type of Request: New collection request for FERC-725B(5)--temporary
placeholder for FERC-725B information collection requirements with
changes to the reporting requirements.
Abstract: On August 8, 2005, Congress enacted the Energy Policy Act
of 2005.\1\ The Energy Policy Act of 2005 added a new section 215 to
the Federal Power Act (FPA),\2\ which requires a Commission-certified
Electric Reliability Organization to develop mandatory and enforceable
Reliability Standards,\3\ including requirements for cybersecurity
protection, which are subject to Commission review and approval. Once
approved, the Reliability Standards may be enforced by the Electric
Reliability Organization subject to Commission oversight, or the
Commission can independently enforce Reliability Standards.
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\1\ Energy Policy Act of 2005, Public Law 109-58, sec. 1261 et
seq., 119 Stat. 594 (2005).
\2\ 16 U.S.C. 824o.
\3\ Section 215 of the FPA defines Reliability Standard as a
requirement, approved by the Commission, to provide for reliable
operation of existing bulk-power system facilities, including
cybersecurity protection, and the design of planned additions or
modifications to such facilities to the extent necessary to provide
for reliable operation of the Bulk-Power System. However, the term
does not include any requirement to enlarge such facilities or to
construct new transmission capacity or generation capacity. Id. at
824o(a)(3).
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On February 3, 2006, the Commission issued Order No. 672,\4\
implementing FPA section 215. The Commission subsequently certified the
North American Electric Reliability Corporation (NERC) as the Electric
Reliability Organization. The Reliability Standards developed by NERC
become mandatory and enforceable after Commission approval and apply to
users, owners, and operators of the Bulk-Power System, as set forth in
each Reliability Standard.\5\ The CIP
[[Page 37526]]
Reliability Standards require entities to comply with specific
requirements to safeguard bulk electric system (BES) Cyber Systems \6\
and their associated BES Cyber Assets. These standards are results-
based and do not specify a technology or method to achieve compliance,
instead leaving it up to the entity to decide how best to comply.
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\4\ Rules Concerning Certification of the Elec. Reliability
Org.; and Procedures for the Establishment, Approval, and Enf't of
Elec. Reliability Standards, Order No. 672, 71 FR 8661 (Feb. 17,
2006), 114 FERC ] 61,104, order on reh'g, Order No. 672-A, 71 FR
19814 (Apr. 28, 2006), 114 FERC ] 61,328 (2006).
\5\ NERC uses the term ``registered entity'' to identify users,
owners, and operators of the Bulk-Power System responsible for
performing specified reliability functions with respect to NERC
Reliability Standards. See, e.g., Version 4 Critical Infrastructure
Protection Reliability Standards, Order No. 761, 77 FR 24594 (Apr.
25, 2012), 139 FERC ] 61,058, at P 46, order denying clarification
and reh'g, 140 FERC ] 61,109 (2012). Within the NERC Reliability
Standards are various subsets of entities responsible for performing
various specified reliability functions. We collectively refer to
these as ``entities.''
\6\ NERC defines BES Cyber System as ``[o]ne or more BES Cyber
Assets logically grouped by a responsible entity to perform one or
more reliability tasks for a functional entity.'' NERC, Glossary of
Terms Used in NERC Reliability Standards, at 5 (2020), <a href="https://www.nerc.com/files/glossary_of_terms.pdf">https://www.nerc.com/files/glossary_of_terms.pdf</a> (NERC Glossary of Terms).
NERC defines BES Cyber Asset as ``A Cyber Asset that if rendered
unavailable, degraded, or misused would, within 15 minutes of its
required operation, mis-operation, or non-operation, adversely
impact one or more Facilities, systems, or equipment, which, if
destroyed, degraded, or otherwise rendered unavailable when needed,
would affect the reliable operation of the Bulk Electric System.
Redundancy of affected Facilities, systems, and equipment shall not
be considered when determining adverse impact. Each BES Cyber Asset
is included in one or more BES Cyber Systems.''
Id. at 4.
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The Commission has approved multiple versions of the CIP
Reliability Standards submitted by NERC, partly to address the evolving
nature of cyber-related threats to the Bulk-Power System. High impact
systems include large control centers. Medium impact systems include
smaller control centers, ultra-high voltage transmission, and large
substations and generating facilities. The remainder of the BES Cyber
Systems are categorized as low impact systems. Most requirements in the
CIP Reliability Standards apply to high and medium impact systems;
however, a technical controls requirement in Reliability standard CIP-
003, described below, applies only to low impact systems.
The Commission is currently revising CIP-003 on this submission of
Docket No. RD23-3-000 to update CIP-003-8 to CIP-003-9.
The FERC-725B information collection requirements are subject to
review by the Office of Management and Budget (OMB) under section
3507(d) of the Paperwork Reduction Act of 1995.\7\ OMB's regulations
require approval of certain information collection requirements imposed
by agency rules.\8\ Upon approval of a collection of information, OMB
will assign an OMB control number and expiration date. Respondents
subject to the filing requirements will not be penalized for failing to
respond to these collections of information unless the collections of
information display a valid OMB control number. The Commission solicits
comments on the Commission's need for this information, whether the
information will have practical utility, the accuracy of the burden
estimates, ways to enhance the quality, utility, and clarity of the
information to be collected or retained, and any suggested methods for
minimizing respondents' burden, including the use of automated
information techniques.
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\7\ 44 U.S.C. 3507(d) (2012).
\8\ 5 CFR 1320.11 (2017).
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Reliability Standard CIP-003-9 Security Management Controls:
requires entities to specify consistent and sustainable security
management controls that establish responsibility and accountability to
protect BES Cyber Systems against compromise that could lead to mis-
operation or instability on the Bulk-Power System. Specifically, the
Reliability Standard CIP-003-9 is being revised to add requirements for
entities to adopt mandatory security controls for vendor electronic
remote access used at low impact BES Cyber Systems. It is part of the
implementation of the Congressional mandate of the Energy Policy Act of
2005 to develop mandatory and enforceable Reliability Standards to
better ensure the reliability of the nation's Bulk-Power System.
Type of Respondents: Business or other for profit, and not for
profit institutions.
Estimate of Annual Burden: \9\
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\9\ ``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.
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The Commission bases its paperwork burden estimates on the changes
in paperwork burden presented by the proposed revision to CIP
Reliability Standard CIP-003-9 as compared to the current Commission-
approved Reliability Standard CIP-003-8. As discussed above, the
immediate order addresses the area of modification to the CIP
Reliability Standards: adopting mandatory security controls for vendor
electronic remote access used at low impact BES Cyber Systems.
The CIP Reliability Standards, viewed as a whole, implement a
defense-in-depth approach to protecting the security of BES Cyber
Systems at all impact levels.\10\ The CIP Reliability Standards are
objective-based and allow entities to choose compliance approaches best
tailored to their systems.\11\ The NERC Compliance Registry, as of
January 4, 2023, identifies approximately 1,592 U.S. entities that are
subject to mandatory compliance with Reliability Standards. Of this
total, we estimate that 1,579 entities will face an increased paperwork
burden under Reliability Standard CIP 003-9, estimating that a majority
of these entities will have one or more low impact BES Cyber Systems.
Based on these assumptions, the Commission estimates the total annual
burden and cost as follows:
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\10\ Order No. 822, 154 FERC ] 61,037 at 32.
\11\ Mandatory Reliability Standards for Critical Infrastructure
Protection, Order No. 706, 73 FR 7368 (Feb. 7, 2008), 122 FERC ]
61,040, at P 72 (2008); order on reh'g, Order No. 706-A, 123 FERC ]
61,174 (2008); order on clarification, Order No. 706-B, 126 FERC ]
61,229 (2009).
RD23-3-000 Commission Order
[Mandatory reliability standards for critical infrastructure protection reliability standards CIP-003-9]
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Annual number Average burden &
Number of of responses Total number cost per response Total annual burden hours & total Cost per
respondents per respondent of responses \12\ annual cost respondent ($)
(1) (2) (1) * (2) = (4)............... (3) * (4) = (5).................... (5) / (1)
(3)
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Create vendor remote access 1,579 1 1,579 60 hrs. $5,340.... 94,740 hrs. $8,431,860............. 5,340
policy (one-time) \13\.
Updates and reviews of vendor 1,579 1 1,579 3.5 hrs. $311.50.. 5,527 hrs. (rounded) $491,903...... 311.50
remote access policy (ongoing).
Total burden for FERC-725B(5) .............. .............. 3,158 .................. 100,267 hrs. $8,923,763............ ..............
under CIP-003-9.
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The one-time burden of 94,740 hours that only applies for Year 1
will be averaged over three years (94,740 hours / 3 = 31,580 hours/year
over three years). The number of responses is also averaged over three
years (1,579 responses / 3 = 526.33 responses/year).
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\12\ The loaded hourly wage figure (includes benefits) is based
on the average of three occupational categories for 2022 found on
the Bureau of Labor Statistics website (<a href="http://www.bls.gov/oes/current/naics2_22.htm">http://www.bls.gov/oes/current/naics2_22.htm</a>):
\13\ This one-time burden applies in Year One only.
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The responses and burden hours for Years 1-3 will total
respectively as follows for Year 1's one-time burden:
Year 1: 526.33 responses; 31,580 hours
Year 2: 526.33 responses; 31,580 hours
Year 3: 526.33 responses; 31,580 hours
The responses and burden hours for Years 1-3 will total
respectively as follows for Ongoing and beyond: 1,579 responses and
5,527 hours.
The following shows the annual cost burden for each group, based on
the burden hours in the table above:
<bullet> Year 1: $8,431,860 (One-time)
<bullet> Years 2 and 3: $491,903 (Ongoing)
The paperwork burden estimate includes costs associated with the
initial development of a policy to address requirements relating to:
(1) clarifying the obligations pertaining to electronic access control
for low impact BES Cyber Systems; (2) adopting mandatory security
controls for transient electronic devices (e.g., thumb drives, laptop
computers, and other portable devices frequently connected to and
disconnected from systems) used at low impact BES Cyber Systems; and
(3) requiring responsible entities to have a policy for declaring and
responding to CIP Exceptional Circumstances related to low impact BES
Cyber Systems. Further, the estimate reflects the assumption that costs
incurred in year 1 will pertain to policy development, while costs in
years 2 and 3 will reflect the burden associated with maintaining logs
and other records to demonstrate ongoing compliance.
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: June 2, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-12241 Filed 6-7-23; 8:45 am]
BILLING CODE 6717-01-P
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