IC20-13, 30-day Notice published in Fed. Reg. (without attachment)

603_30dayFR.pdf

FERC-603, Critical Energy/Electric Infrastructure Information Data Request

IC20-13, 30-day Notice published in Fed. Reg. (without attachment)

OMB: 1902-0197

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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 (http://
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
[email protected] 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 http://
www.ferc.gov. Persons unable to file
electronically may mail similar
pleadings to the Federal Energy
Regulatory Commission, 888 First Street

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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:

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No. IC20–13–000, by the following
methods:
• eFiling at Commission’s Website:
http://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: http://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 http://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
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.

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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

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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.

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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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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.

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