[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Notices]
[Pages 37525-37527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.reginfo.gov/public/do/PRAMain. 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 
www.reginfo.gov/public/do/PRAMain.
    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 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, Secretary of the Commission, 12225 Wilkins 
Avenue, Rockville, MD 20852.
    Instructions: 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.
    FERC 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/ferc-online/overview.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at 
[email protected], 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), https://www.nerc.com/files/glossary_of_terms.pdf (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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[[Page 37527]]

    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 (http://www.bls.gov/oes/current/naics2_22.htm):
    \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:

 Year 1: $8,431,860 (One-time)
 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