
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59895-59896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
www.reginfo.gov/public/do/PRAMain, 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 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

    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.

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.\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 https://www.ferc.gov/legal/ceii-foia/ceii.asp.
---------------------------------------------------------------------------

    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:
     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.
---------------------------------------------------------------------------

    \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: https://www.ferc.gov/enforcement-legal/ceii/overview.

    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


