[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Notices]
[Pages 19128-19129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06598]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IC23-10-000]
Commission Information Collection Activity (FERC-603); Comment
Request; Extension
AGENCY: Federal Energy Regulatory Commission.
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 collections, FERC-603 (Critical Energy/Electric
Infrastructure Information Data Request).
DATES: Comments on the collections of information are due May 30, 2023.
ADDRESSES: You may submit your comments (identified by Docket No. IC23-
10-000) on FERC-603 by one of the following methods:
Electronic filing through https://www.ferc.gov is preferred.
Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
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: All 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], or by 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\
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\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 https://www.ferc.gov/legal/ceii-foia/ceii.asp.
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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.
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\2\ 16 U.S.C. 824o-1(d).
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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 frequently result 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.
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\3\ 5 U.S.C. 552 (2018).
\4\ The relevant FOIA exemptions are Exemption 3, which allows
the withholding f 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.
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In the aftermath of the September 11, 2001 terrorist attacks, the
Commission determined that it was important to improve the appropriate
treatment of
[[Page 19129]]
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:
The requester's name, title, address, and telephone
number;
The name, address, and telephone number of the person or
entity on whose behalf the information is requested;
A detailed Statement of Need; and
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:
Will only be used for the purpose for which it was
requested;
May only be discussed with authorized recipients;
Must be kept in a secure place in a manner that would
prevent unauthorized access;
Must be destroyed or returned to the Commission upon
request; and
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.
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\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.
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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.
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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 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 $91/hour.
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Annual number of Total annual burden
Number of respondents responses per Total number of Average burden & cost hours & total annual Cost per respondent
respondent responses per response cost ($)
(1) (2) (3) (4)..................... (5).................... (6)
(column 1 x column 2) (column 3 x column 4).. (column 5 / column 1)
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50................................... 1 50 0.3 hrs.; $27.30........ 15 hrs.; $1,365........ $27.30
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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: March 24, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-06598 Filed 3-29-23; 8:45 am]
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