82 FR 12217 - CIPSEA Confidentiality Pledge Revision Notice

DEPARTMENT OF ENERGY
Energy Information Administration

Federal Register Volume 82, Issue 39 (March 1, 2017)

Page Range		12217-12218
FR Document		2017-03971

The U.S. Energy Information Administration invites public comment on the recent revisions that have been made to the confidentiality pledge it provides to its respondents. These revisions became effective upon publication of an emergency Federal Register notice that announced EIA's revised confidentiality pledge that it provides to its respondents under the Confidential Information Protection and Statistical Efficiency Act. These revisions are required by the passage and implementation of provisions of the Federal Cybersecurity Enhancement Act of 2015 which permit and require the Secretary of the Department of Homeland Security (DHS) to provide Federal civilian agencies' information technology systems with cybersecurity protection for their Internet traffic. More details on this announcement are presented in the SUPPLEMENTARY INFORMATION section below.

Federal Register, Volume 82 Issue 39 (Wednesday, March 1, 2017)

[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)]
[Notices]
[Pages 12217-12218]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03971]


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DEPARTMENT OF ENERGY

Energy Information Administration


CIPSEA Confidentiality Pledge Revision Notice

AGENCY: U.S. Energy Information Administration (EIA), Department of 
Energy.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: The U.S. Energy Information Administration invites public 
comment on the recent revisions that have been made to the 
confidentiality pledge it provides to its respondents. These revisions 
became effective upon publication of an emergency Federal Register 
notice that announced EIA's revised confidentiality pledge that it 
provides to its respondents under the Confidential Information 
Protection and Statistical Efficiency Act. These revisions are required 
by the passage and implementation of provisions of the Federal 
Cybersecurity Enhancement Act of 2015 which permit and require the 
Secretary of the Department of Homeland Security (DHS) to provide 
Federal civilian agencies' information technology systems with 
cybersecurity protection for their Internet traffic.
    More details on this announcement are presented in the 
SUPPLEMENTARY INFORMATION section below.

DATES: Comments regarding these confidentiality pledge revisions must 
be received on or before May 1, 2017. If you anticipate difficulty in 
submitting comments within that period, contact the person listed in 
ADDRESSES as soon as possible.

ADDRESSES: Written comments and/or questions about this notice should 
be addressed to Jacob Bournazian, U.S. Energy Information 
Administration, 1000 Independence Avenue SW., Washington, DC 20585 or 
by fax at 202-586-3045 or by email at [email protected].

FOR FURTHER INFORMATION CONTACT: Jacob Bournazian, U.S. Energy 
Information Administration, 1000 Independence Avenue SW., Washington, 
DC 20585, phone: 202-586-5562 (this is not a toll-free number), email: 
[email protected]. Because of delays in the receipt of regular 
mail related to security screening, respondents are encouraged to use 
electronic communications.

SUPPLEMENTARY INFORMATION: Under 44 U.S.C. 3506(e), and 44 U.S.C. 3501 
(note), EIA revised the confidentiality pledge(s) it provides to survey 
respondents under the Confidential Information Protection and 
Statistical Efficiency Act (44 U.S.C. 3501 (note)) (CIPSEA) in a 
Federal Register notice released on January 12, 2017 in 82 FR 3764. 
These revisions were required by provisions of the Federal 
Cybersecurity Enhancement Act of 2015 (Pub. L. 114-11, Division N, 
Title II, Subtitle B, Sec. 223), which permit and require the Secretary 
of the Department of Homeland Security (DHS) to provide Federal 
civilian agencies' information technology systems with cybersecurity 
protection for their Internet traffic. Federal statistics provide key 
information that the Nation uses to measure its performance and make 
informed choices about budgets, employment, health, investments, taxes, 
and a host of other significant topics. The overwhelming majority of 
Federal surveys are conducted on a voluntary basis. Respondents, 
ranging from businesses to households to institutions, may choose 
whether or not to provide the requested information. Many of the most 
valuable Federal statistics come from surveys that ask for highly 
sensitive information such as proprietary business data from companies 
or particularly personal information or practices from individuals. 
Strong and trusted confidentiality and exclusively

[[Page 12218]]

statistical use pledges under the Confidential Information Protection 
and Statistical Efficiency Act (CIPSEA) and similar statistical 
confidentiality pledges are effective and necessary in honoring the 
trust that businesses, individuals, and institutions, by their 
responses, place in statistical agencies.
    Under CIPSEA and similar statistical confidentiality protection 
statutes, many Federal statistical agencies make statutory pledges that 
the information respondents provide will be seen only by statistical 
agency personnel or their sworn agents, and will be used only for 
statistical purposes. CIPSEA and similar statutes protect the 
confidentiality of information that agencies collect solely for 
statistical purposes and under a pledge of confidentiality. These acts 
protect such statistical information from administrative, law 
enforcement, taxation, regulatory, or any other non-statistical use and 
immunize the information submitted to statistical agencies from legal 
process. Moreover, many of these statutes carry criminal penalties of a 
Class E felony (fines up to $250,000, or up to five years in prison, or 
both) for conviction of a knowing and willful unauthorized disclosure 
of covered information.
    As part of the Consolidated Appropriations Act for Fiscal Year 2016 
signed on December 17, 2015, the Congress included the Federal 
Cybersecurity Enhancement Act of 2015 (Pub. L. 114-113, Division N, 
Title II, Subtitle B, Sec. 223). This Act, among other provisions, 
permits and requires DHS to provide Federal civilian agencies' 
information technology systems with cybersecurity protection for their 
Internet traffic. The technology currently used to provide this 
protection against cyber malware is known as Einstein 3A; it 
electronically searches Internet traffic in and out of Federal civilian 
agencies in real time for malware signatures.
    When such a signature is found, the Internet packets that contain 
the malware signature are moved to a secured area for further 
inspection by DHS personnel. Because it is possible that such packets 
entering or leaving a statistical agency's information technology 
system may contain a small portion of confidential statistical data, 
statistical agencies can no longer promise their respondents that their 
responses will be seen only by statistical agency personnel or their 
sworn agents. However, they can promise, in accordance with provisions 
of the Federal Cybersecurity Enhancement Act of 2015, that such 
monitoring can be used only to protect information and information 
systems from cybersecurity risks, thereby, in effect, providing 
stronger protection to the integrity of the respondents' submissions.
    The DHS cybersecurity program's objective is to protect Federal 
civilian information systems from malicious malware attacks. The 
Federal statistical system's objective is to ensure that the DHS 
Secretary performs those essential duties in a manner that honors the 
Government's statutory promises to the public to protect their 
confidential data. Given that the Department of Homeland Security is 
not a Federal statistical agency, both DHS and the Federal statistical 
system worked to balance both objectives and achieve these mutually 
reinforcing objectives.
    Accordingly, DHS and Federal statistical agencies, in cooperation 
with their parent departments, developed a Memorandum of Agreement for 
the installation of Einstein 3A cybersecurity protection technology to 
monitor their Internet traffic.
    However, EIA's current CIPSEA statistical confidentiality pledge 
promises that respondents' data will be seen only by statistical agency 
personnel or their sworn agents. Since it is possible that DHS 
personnel could see some portion of those confidential data in the 
course of examining the suspicious Internet packets identified by 
Einstein 3A sensors, EIA needs to revise its confidentiality pledge to 
reflect this process change.
    Therefore, EIA is providing this notice to alert the public of this 
revision to its confidentiality pledge in an efficient and coordinated 
fashion. Below is a listing of EIA's current Paperwork Reduction Act 
OMB numbers and information collection titles and their associated 
revised confidentiality pledge(s) for the Information Collections whose 
confidentiality pledges will change to reflect the statutory 
implementation of DHS' Einstein 3A monitoring for cybersecurity 
protection purposes.
    The following EIA statistical confidentiality pledge will now apply 
to the Information Collections whose Paperwork Reduction Act Office of 
Management and Budget numbers and titles are listed below.

    The information you provide on Form EIA-XXX will be used for 
statistical purposes only and is confidential by law. In accordance 
with the Confidential Information Protection and Statistical 
Efficiency Act of 2002 and other applicable Federal laws, your 
responses will not be disclosed in identifiable form without your 
consent. Per the Federal Cybersecurity Enhancement Act of 2015, 
Federal information systems are protected from malicious activities 
through cybersecurity screening of transmitted data. Every EIA 
employee, as well as every agent, is subject to a jail term, a fine, 
or both if he or she makes public ANY identifiable information you 
reported.

A shorter version of the CIPSEA pledge is used for telephone surveys:

    The information you provide on Form EIA-xxx will be used for 
statistical purposes only and is confidential by law. Per the 
Federal Cybersecurity Enhancement Act of 2015, Federal information 
systems are protected from malicious activities through 
cybersecurity screening of transmitted data. Every EIA employee, as 
well as every agent, is subject to a jail term, a fine, or both if 
he or she makes public ANY identifiable information you reported.

OMB No: 1905-0174 Petroleum Marketing Program
    Form EIA-863, ``Petroleum Product Sales Identification Survey''
    Form EIA-878, ``Motor Gasoline Price Survey''
    Form EIA-888, ``On-Highway Diesel Fuel Price Survey''
OMB No: 1905-0175 Natural Gas Data Collection Program
    Form EIA-910, ``Monthly Natural Gas Marketers Survey''
    Form EIA-912, ``Weekly Underground Natural Gas Storage Report''
OMB No: 1905-0205 Monthly Natural Gas Production Report
    Form EIA-914, ``Monthly Crude Oil, Lease Condensate, and Natural 
Gas Production Report''
OMB No: 1905-0160 Uranium Data Program
    Form EIA-851Q, ``Domestic Uranium Production Report--Quarterly''
    Form EIA-851A, ``Domestic Uranium Production Report--Annual''
    Form EIA-858, ``Uranium Marketing Annual Survey''
OMB No: 1905-0145 Commercial Buildings Energy Consumption Survey
    Form EIA-871, ``Commercial Buildings Energy Consumption Survey''
OMB No. 1905-0092 Residential Energy Consumption Survey
    Form EIA-457, ``Residential Energy Consumption Survey''


    Issued in Washington, DC, on February 23, 2017.
Nanda Srinivasan,
Director, Office of Survey Development and Statistical Integration, 
U.S. Energy Information Administration.
[FR Doc. 2017-03971 Filed 2-28-17; 8:45 am]
BILLING CODE 6450-01-P

Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Notices 12217

12:10 p.m.–12:20 p.m.—Wrap-up and has been deleted. You must also explain More details on this announcement
Adjourn March 2017 Meeting of the the reasons why you believe the deleted are presented in the SUPPLEMENTARY
EAC information is exempt from disclosure. INFORMATION section below.
The meeting agenda may change to DOE is responsible for the final DATES: Comments regarding these
accommodate EAC business. For EAC determination concerning disclosure or confidentiality pledge revisions must be
agenda updates, see the EAC Web site nondisclosure of the information and for received on or before May 1, 2017. If
at: http://energy.gov/oe/services/ treating it in accordance with the DOE’s you anticipate difficulty in submitting
electricity-advisory-committee-eac. Freedom of Information regulations (10 comments within that period, contact
Public Participation: The EAC CFR 1004.11). the person listed in ADDRESSES as soon
welcomes the attendance of the public as possible.
Note: Delivery of the U.S. Postal Service
at its meetings. Individuals who wish to mail to DOE may be delayed by several ADDRESSES: Written comments and/or
offer public comments at the EAC weeks due to security screening. DOE, questions about this notice should be
meeting may do so on Thursday, March therefore, encourages those wishing to addressed to Jacob Bournazian, U.S.
30, 2017, but must register at the comment to submit comments electronically Energy Information Administration,
registration table in advance. by email. If comments are submitted by 1000 Independence Avenue SW.,
Approximately 5 minutes will be regular mail, the Department requests that Washington, DC 20585 or by fax at 202–
reserved for public comments. Time they be accompanied by a CD or diskette 586–3045 or by email at
allotted per speaker will depend on the containing electronic files of the submission. jacob.bournazian@eia.gov.
number who wish to speak but is not FOR FURTHER INFORMATION CONTACT:
Minutes: The minutes of the EAC
expected to exceed three minutes. Jacob Bournazian, U.S. Energy
meeting will be posted on the EAC Web
Anyone who is not able to attend the Information Administration, 1000
page at: http://energy.gov/oe/services/
meeting, or for whom the allotted public Independence Avenue SW.,
electricity-advisory-committee-eac.
comments time is insufficient to address Washington, DC 20585, phone: 202–
They can also be obtained by contacting
pertinent issues with the EAC, is invited 586–5562 (this is not a toll-free
Mr. Matthew Rosenbaum at the address
to send a written statement to Mr. number), email: jacob.bournazian@
above.
Matthew Rosenbaum. eia.gov. Because of delays in the receipt
You may submit comments, identified Issued in Washington, DC, on February 24, of regular mail related to security
by ‘‘Electricity Advisory Committee 2017. screening, respondents are encouraged
Open Meeting,’’ by any of the following LaTanya R. Butler, to use electronic communications.
methods: Deputy Committee Management Officer. SUPPLEMENTARY INFORMATION: Under 44
• Mail/Hand Delivery/Courier: [FR Doc. 2017–03976 Filed 2–28–17; 8:45 am] U.S.C. 3506(e), and 44 U.S.C. 3501
Matthew Rosenbaum, Office of BILLING CODE 6450–01–P (note), EIA revised the confidentiality
Electricity Delivery and Energy pledge(s) it provides to survey
Reliability, U.S. Department of Energy, respondents under the Confidential
Forrestal Building, Room 8G–017, 1000 DEPARTMENT OF ENERGY Information Protection and Statistical
Independence Avenue SW., Efficiency Act (44 U.S.C. 3501 (note))
Washington, DC 20585. Energy Information Administration (CIPSEA) in a Federal Register notice
• Email: matthew.rosenbaum@ released on January 12, 2017 in 82 FR
hq.doe.gov. Include ‘‘Electricity CIPSEA Confidentiality Pledge
3764. These revisions were required by
Advisory Committee Open Meeting’’ in Revision Notice
provisions of the Federal Cybersecurity
the subject line of the message. Enhancement Act of 2015 (Pub. L. 114–
• Federal eRulemaking Portal: http:// AGENCY: U.S. Energy Information
Administration (EIA), Department of 11, Division N, Title II, Subtitle B, Sec.
www.regulations.gov. Follow the 223), which permit and require the
instructions for submitting comments. Energy.
Secretary of the Department of
Instructions: All submissions received Notice and request for
ACTION: Homeland Security (DHS) to provide
must include the agency name and comments. Federal civilian agencies’ information
identifier. All comments received will technology systems with cybersecurity
be posted without change to http:// SUMMARY: The U.S. Energy Information protection for their Internet traffic.
energy.gov/oe/services/electricity- Administration invites public comment Federal statistics provide key
advisory-committee-eac, including any on the recent revisions that have been information that the Nation uses to
personal information provided. made to the confidentiality pledge it measure its performance and make
• Docket: For access to the docket, to provides to its respondents. These informed choices about budgets,
read background documents or revisions became effective upon employment, health, investments, taxes,
comments received, go to http:// publication of an emergency Federal and a host of other significant topics.
energy.gov/oe/services/electricity- Register notice that announced EIA’s The overwhelming majority of Federal
advisory-committee-eac. revised confidentiality pledge that it surveys are conducted on a voluntary
The following electronic file formats are provides to its respondents under the basis. Respondents, ranging from
acceptable: Microsoft Word (.doc), Corel Confidential Information Protection and businesses to households to institutions,
Word Perfect (.wpd), Adobe Acrobat Statistical Efficiency Act. These may choose whether or not to provide
(.pdf), Rich Text Format (.rtf), plain text revisions are required by the passage the requested information. Many of the
asabaliauskas on DSK3SPTVN1PROD with NOTICES

(.txt), Microsoft Excel (.xls), and and implementation of provisions of the most valuable Federal statistics come
Microsoft PowerPoint (.ppt). If you Federal Cybersecurity Enhancement Act from surveys that ask for highly
submit information that you believe to of 2015 which permit and require the sensitive information such as
be exempt by law from public Secretary of the Department of proprietary business data from
disclosure, you must submit one Homeland Security (DHS) to provide companies or particularly personal
complete copy, as well as one copy from Federal civilian agencies’ information information or practices from
which the information claimed to be technology systems with cybersecurity individuals. Strong and trusted
exempt by law from public disclosure protection for their Internet traffic. confidentiality and exclusively

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12218 Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Notices

statistical use pledges under the risks, thereby, in effect, providing Every EIA employee, as well as every agent,
Confidential Information Protection and stronger protection to the integrity of the is subject to a jail term, a fine, or both if he
Statistical Efficiency Act (CIPSEA) and respondents’ submissions. or she makes public ANY identifiable
similar statistical confidentiality The DHS cybersecurity program’s information you reported.
pledges are effective and necessary in objective is to protect Federal civilian A shorter version of the CIPSEA pledge
honoring the trust that businesses, information systems from malicious is used for telephone surveys:
individuals, and institutions, by their malware attacks. The Federal statistical The information you provide on Form
responses, place in statistical agencies. system’s objective is to ensure that the EIA–xxx will be used for statistical purposes
Under CIPSEA and similar statistical DHS Secretary performs those essential only and is confidential by law. Per the
confidentiality protection statutes, many duties in a manner that honors the Federal Cybersecurity Enhancement Act of
Federal statistical agencies make Government’s statutory promises to the 2015, Federal information systems are
statutory pledges that the information public to protect their confidential data. protected from malicious activities through
respondents provide will be seen only Given that the Department of Homeland cybersecurity screening of transmitted data.
by statistical agency personnel or their Security is not a Federal statistical Every EIA employee, as well as every agent,
sworn agents, and will be used only for is subject to a jail term, a fine, or both if he
agency, both DHS and the Federal or she makes public ANY identifiable
statistical purposes. CIPSEA and similar statistical system worked to balance information you reported.
statutes protect the confidentiality of both objectives and achieve these
information that agencies collect solely OMB No: 1905–0174 Petroleum Marketing
mutually reinforcing objectives. Program
for statistical purposes and under a Accordingly, DHS and Federal Form EIA–863, ‘‘Petroleum Product Sales
pledge of confidentiality. These acts statistical agencies, in cooperation with Identification Survey’’
protect such statistical information from their parent departments, developed a Form EIA–878, ‘‘Motor Gasoline Price
administrative, law enforcement, Memorandum of Agreement for the Survey’’
taxation, regulatory, or any other non- installation of Einstein 3A cybersecurity Form EIA–888, ‘‘On-Highway Diesel Fuel
statistical use and immunize the protection technology to monitor their Price Survey’’
information submitted to statistical Internet traffic. OMB No: 1905–0175 Natural Gas Data
agencies from legal process. Moreover, Collection Program
However, EIA’s current CIPSEA Form EIA–910, ‘‘Monthly Natural Gas
many of these statutes carry criminal statistical confidentiality pledge
penalties of a Class E felony (fines up to Marketers Survey’’
promises that respondents’ data will be Form EIA–912, ‘‘Weekly Underground
$250,000, or up to five years in prison, seen only by statistical agency Natural Gas Storage Report’’
or both) for conviction of a knowing and personnel or their sworn agents. Since OMB No: 1905–0205 Monthly Natural Gas
willful unauthorized disclosure of it is possible that DHS personnel could Production Report
covered information. see some portion of those confidential Form EIA–914, ‘‘Monthly Crude Oil, Lease
As part of the Consolidated Condensate, and Natural Gas Production
data in the course of examining the
Appropriations Act for Fiscal Year 2016 Report’’
suspicious Internet packets identified by
signed on December 17, 2015, the OMB No: 1905–0160 Uranium Data Program
Einstein 3A sensors, EIA needs to revise Form EIA–851Q, ‘‘Domestic Uranium
Congress included the Federal
its confidentiality pledge to reflect this Production Report—Quarterly’’
Cybersecurity Enhancement Act of 2015
process change. Form EIA–851A, ‘‘Domestic Uranium
(Pub. L. 114–113, Division N, Title II,
Therefore, EIA is providing this notice Production Report—Annual’’
Subtitle B, Sec. 223). This Act, among
to alert the public of this revision to its Form EIA–858, ‘‘Uranium Marketing
other provisions, permits and requires
confidentiality pledge in an efficient Annual Survey’’
DHS to provide Federal civilian OMB No: 1905–0145 Commercial Buildings
and coordinated fashion. Below is a
agencies’ information technology Energy Consumption Survey
systems with cybersecurity protection listing of EIA’s current Paperwork
Reduction Act OMB numbers and Form EIA–871, ‘‘Commercial Buildings
for their Internet traffic. The technology Energy Consumption Survey’’
currently used to provide this protection information collection titles and their OMB No. 1905–0092 Residential Energy
against cyber malware is known as associated revised confidentiality Consumption Survey
Einstein 3A; it electronically searches pledge(s) for the Information Collections Form EIA–457, ‘‘Residential Energy
Internet traffic in and out of Federal whose confidentiality pledges will Consumption Survey’’
civilian agencies in real time for change to reflect the statutory
implementation of DHS’ Einstein 3A Issued in Washington, DC, on February 23,
malware signatures. 2017.
When such a signature is found, the monitoring for cybersecurity protection
purposes. Nanda Srinivasan,
Internet packets that contain the
malware signature are moved to a The following EIA statistical Director, Office of Survey Development and
confidentiality pledge will now apply to Statistical Integration, U.S. Energy
secured area for further inspection by
the Information Collections whose Information Administration.
DHS personnel. Because it is possible
Paperwork Reduction Act Office of [FR Doc. 2017–03971 Filed 2–28–17; 8:45 am]
that such packets entering or leaving a
statistical agency’s information Management and Budget numbers and BILLING CODE 6450–01–P

technology system may contain a small titles are listed below.
portion of confidential statistical data, The information you provide on Form
statistical agencies can no longer EIA–XXX will be used for statistical purposes
DEPARTMENT OF ENERGY
promise their respondents that their only and is confidential by law. In
asabaliauskas on DSK3SPTVN1PROD with NOTICES

accordance with the Confidential Information
Federal Energy Regulatory
responses will be seen only by statistical Commission
agency personnel or their sworn agents. Protection and Statistical Efficiency Act of
However, they can promise, in 2002 and other applicable Federal laws, your
responses will not be disclosed in Combined Notice of Filings #1
accordance with provisions of the identifiable form without your consent. Per
Federal Cybersecurity Enhancement Act Take notice that the Commission
the Federal Cybersecurity Enhancement Act
of 2015, that such monitoring can be of 2015, Federal information systems are
received the following electric rate
used only to protect information and protected from malicious activities through filings:
information systems from cybersecurity cybersecurity screening of transmitted data. Docket Numbers: ER17–772–001.

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Document Created: 2017-03-01 03:39:09
Document Modified: 2017-03-01 03:39:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice and request for comments.
Dates		Comments regarding these confidentiality pledge revisions must be received on or before May 1, 2017. If you anticipate difficulty in submitting comments within that period, contact the person listed in
Contact		Jacob Bournazian, U.S. Energy Information Administration, 1000 Independence Avenue SW., Washington, DC 20585, phone: 202-586-5562 (this is not a toll-free number), email: [email protected] Because of delays in the receipt of regular mail related to security screening, respondents are encouraged to use electronic communications.
FR Citation		82 FR 12217

82 FR 12217 - CIPSEA Confidentiality Pledge Revision Notice

DEPARTMENT OF ENERGYEnergy Information Administration

Federal Register Volume 82, Issue 39 (March 1, 2017)

DEPARTMENT OF ENERGY
Energy Information Administration