Notice2023-18753
Commission Information Collection Activities (Ferc-603); Comment Request; Extension
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
August 30, 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-603 (Critical Energy/Electric Infrastructure Information Data Request), which will be submitted to the Office of Management and Budget (OMB) for a review of the information collection requirements.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 167 (Wednesday, August 30, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59895-59896]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18753]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC23-10-000]
Commission Information Collection Activities (Ferc-603); Comment
Request; Extension
AGENCY: Federal Energy Regulatory Commission.
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), which will be submitted to
the Office of Management and Budget (OMB) for a review of the
information collection requirements.
DATES: Comments on the collection of information are due September 29,
2023.
ADDRESSES: Send written comments on FERC-603 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 number (1902-
0197) in the subject line. Your comments should be sent within 30 days
of publication of this notice in the Federal Register.
Please submit copies of your comments (identified by Docket No.
IC23-10-000) to the Commission as noted below. 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, 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#6c0a091e0f0302000502091f191c1c031e182c0a091e0f420b031a"><span class="__cf_email__" data-cfemail="d1b7b4a3b2bebfbdb8bfb4a2a4a1a1bea3a591b7b4a3b2ffb6bea7">[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">https://www.ferc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<a href="/cdn-cgi/l/email-protection#6f2b0e1b0e2c030a0e1d0e010c0a2f292a3d2c41080019"><span class="__cf_email__" data-cfemail="d591b4a1b496b9b0b4a7b4bbb6b09593908796fbb2baa3">[email protected]</span></a> 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.\1\
---------------------------------------------------------------------------
\1\ The CEII request form and five versions of the non-
disclosure agreement (General Non-Disclosure Agreement, Media Non-
Disclosure Agreement, Federal Agency Acknowledgement and Agreement,
State Agency Employee Non-Disclosure Agreement, and Consultant Non-
Disclosure Agreement) are posted at <a href="https://www.ferc.gov/legal/ceii-foia/ceii.asp">https://www.ferc.gov/legal/ceii-foia/ceii.asp</a>.
---------------------------------------------------------------------------
Abstract: In accordance with section 215A(d) of the Federal Power
Act \2\ and 18 CFR 388.113, this collection of information provides
that persons may seek Critical Energy/Electric Infrastructure
Information (CEII). To receive CEII, they must show they have a
legitimate need for such information, and they must submit a non-
disclosure agreement that decreases the likelihood that such
information could be used to plan or execute terrorist attacks.
---------------------------------------------------------------------------
\2\ 16 U.S.C. 824o-1(d).
---------------------------------------------------------------------------
This collection of information provides an alternative to seeking
CEII in accordance with the Freedom of Information Act (FOIA).\3\ That
statute requires federal agencies to disclose the requested information
unless one or more of several FOIA exemptions justifies withholding of
the requested information. In the case of CEII, two FOIA exemptions are
likely to apply to CEII,\4\ and applying one of them frequently results
in a decision to withhold the information from the FOIA requester. The
Commission realizes that this process could prevent persons with a
legitimate need for CEII from obtaining such information. For example,
market participants seeking to develop new or expanded energy resources
may have such a need.
---------------------------------------------------------------------------
\3\ 5 U.S.C. 552 (2018).
\4\ The relevant FOIA exemptions are Exemption 3, which allows
the withholding of information prohibited from disclosure by another
statute and Exemption 7, which protects from disclosure certain law
enforcement information, including information the disclosure of
which might jeopardize a person's life or safety.
---------------------------------------------------------------------------
In the aftermath of the September 11, 2001 terrorist attacks, the
Commission
[[Page 59896]]
determined that it was important to improve the appropriate treatment
of CEII, both to assist requesters with a legitimate need for CEII, and
to restrict access to the sensitive information due to the ongoing
terrorism threat. The Commission promulgated 18 CFR 388.113 to achieve
those goals.
Under 18 CFR 388.13(g)(5), a request for CEII must contain:
<bullet> The requester's name, title, address, and telephone
number;
<bullet> The name, address, and telephone number of the person or
entity on whose behalf the information is requested;
<bullet> A detailed Statement of Need; and
<bullet> An executed non-disclosure agreement.
Under 18 CFR 388.133(h)(2), the non-disclosure agreement indicates
the individual's willingness to adhere to limitations on the use and
disclosure of the information requested, and stipulates at minimum that
the CEII:
<bullet> Will only be used for the purpose for which it was
requested;
<bullet> May only be discussed with authorized recipients;
<bullet> Must be kept in a secure place in a manner that would
prevent unauthorized access;
<bullet> Must be destroyed or returned to the Commission upon
request; and
<bullet> Is not subject to release under either FOIA or Sunshine
Laws.
In addition, the non-disclosure agreement provides that the
Commission may audit the recipient's compliance with the non-disclosure
agreement; that a recipient is obligated to protect the CEII even after
a designation has lapsed \5\ until the CEII Coordinator \6\ determines
the information should no longer be designated as CEII; and the
recipient is required to promptly report all unauthorized disclosures
of CEII to the Commission.
---------------------------------------------------------------------------
\5\ The Commission's regulation at 18 CFR 388.113 provides
criteria and procedures to designate information as CEII. A
designation may last for up to five years, unless it is re-
designated. A designation may be removed at any time, in whole in
part, if the Commission determines that the unauthorized disclosure
of CEII can no longer be used to impair the security or reliability
of the bulk-power system or distribution facilities or any other
form of energy infrastructure.
\6\ The regulation at 18 CFR 375.313 delegates authority to a
CEII Coordinator to receive and review all requests for CEII, make
determinations regarding such requests, establish reasonable
conditions on the release of CEIII, and release CEII to requesters
who agree in writing to abide by the conditions set forth by the
Coordinator.
---------------------------------------------------------------------------
Type of Respondents: Persons seeking access to CEII.
Estimate of Annual Burden: The Commission estimates the total
annual burden \7\ 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 5 CFR 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 2022 average cost for
salary plus benefits, the average hourly cost is $91/hour.
----------------------------------------------------------------------------------------------------------------
Total annual
Annual number Total number of burden hours & Cost per
Number of respondents of responses responses Average burden & total annual cost respondent ($)
per respondent (column 1 x cost per response (column 3 x column (column 5 /
column 2) 4) column 1)
(1) (2) (3) (4)............... (5)............... (6)
----------------------------------------------------------------------------------------------------------------
50................... 1 50 0.3 hrs.; $27.30.. 15 hrs.; $1,365... $27.30
----------------------------------------------------------------------------------------------------------------
The Request Form \9\ 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. 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.
---------------------------------------------------------------------------
\9\ The Request Form (and sample non-disclosure agreements) and
additional information about the CEII program are posted at: <a href="https://www.ferc.gov/enforcement-legal/ceii/overview">https://www.ferc.gov/enforcement-legal/ceii/overview</a>.
Dated: August 24, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-18753 Filed 8-29-23; 8:45 am]
BILLING CODE 6717-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 30, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.