82_FR_3772 82 FR 3764 - CIPSEA Confidentiality Pledge Revision Notice

82 FR 3764 - CIPSEA Confidentiality Pledge Revision Notice

DEPARTMENT OF ENERGY
Energy Information Administration

Federal Register Volume 82, Issue 8 (January 12, 2017)

Page Range3764-3765
FR Document2016-31974

EIA is announcing revisions to the confidentiality pledge(s) 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.

Federal Register, Volume 82 Issue 8 (Thursday, January 12, 2017) 
[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Notices]
[Pages 3764-3765]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31974]


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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 of Revision of Confidentiality Pledges under the 
Confidential Information Protection and Statistical Efficiency Act

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

SUMMARY: EIA is announcing revisions to the confidentiality pledge(s) 
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.

DATES: These revisions become effective upon publication of this notice 
in the Federal Register.

ADDRESSES: 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 is revising the confidentiality pledge(s) it provides to 
its respondents under the Confidential Information Protection and 
Statistical Efficiency Act (44 U.S.C. 3501 (note)) (CIPSEA). These 
revisions are 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 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. 114-11, Division N, 
Title II,

[[Page 3765]]

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 in 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.
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''

The pledge provided to respondents over the telephone is shorter for 
the respondents to Forms EIA-878 and EIA-888. The statistical 
confidentiality pledge for collecting information over the telephone 
reads:

    The information you provide on Form EIA-xxx will be used for 
statistical purposes only. Your responses will be kept confidential 
and will not be disclosed in identifiable form. Per the Federal 
Cybersecurity Enhancement Act of 2015, Federal information systems 
are protected from malicious activities through cybersecurity 
screening of transmitted data. By law, 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.

    Issued in Washington, DC, on December 28, 2016.
Nanda Srinivasan,
Director, Office of Survey Development and Statistical Integration, 
U.S. Energy Information Administration.
[FR Doc. 2016-31974 Filed 1-11-17; 8:45 am]
 BILLING CODE 6450-01-P

3764 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices DOE/FE ORDERS GRANTING IMPORT/EXPORT AUTHORIZATIONS—Continued 3940 ............... 11/28/16 16–179–NG ... Husky Marketing and Supply Order 3940 granting blanket authority to import/export nat- Company. ural gas from/to Canada. 3941 ............... 11/28/16 16–168–NG ... Stand Energy Corporation ..... Order 3941 granting blanket authority to import/export nat- ural gas from/to Canada/Mexico. 3943 ............... 11/28/16 16–172–NG ... Central Generadora Electrica Order 3943 granting blanket authority to export natural gas Huinala, S. de R.L. de to Mexico. C.V.5. 3944 ............... 11/28/16 16–169–NG ... Ferus Natural Gas Fuels Order 3944 granting blanket authority to import/export nat- (CNG), LLC. ural gas from/to Canada. 3945 ............... 11/28/16 16–175–NG ... Castleton Commodities Mer- Order 3945 granting blanket authority to import/export nat- chant Trading L.P. ural gas from/to Canada/Mexico. 3946 ............... 11/28/16 16–174–NG ... Direct Energy Business Mar- Order 3946 granting blanket authority to import/export nat- keting, LLC. ural gas from/to Canada. 3947 ............... 11/28/16 16–167–NG ... MC Global Gas Corporation .. Order 3947 granting blanket authority to import LNG from various international sources by vessel. 3948 ............... 11/29/16 16–185–NG ... United Energy Trading, LLC .. Order 3948 granting blanket authority to import/export nat- ural gas from/to Canada. 3949 ............... 11/29/16 16–184–NG ... MPower Energy ..................... Order 3949 granting blanket authority to import/export nat- ural gas from/to Canada. 3950 ............... 11/29/16 16–183–NG ... Mansfield Power and Gas, Order 3950 granting blanket authority to import/export nat- LLC. ural gas from/to Canada. 3951 ............... 11/29/16 16–180–NG ... TransAlta Energy Marketing Order 3951 granting blanket authority to import/export nat- Corp. ural gas from/to Canada. [FR Doc. 2017–00528 Filed 1–11–17; 8:45 am] FOR FURTHER INFORMATION CONTACT: proprietary business data from BILLING CODE 6450–01–P Jacob Bournazian, U.S. Energy companies or particularly personal Information Administration, 1000 information or practices from Independence Avenue SW., individuals. Strong and trusted DEPARTMENT OF ENERGY Washington, DC 20585, phone: 202– confidentiality and exclusively 586–5562 (this is not a toll-free statistical use pledges under the Energy Information Administration number), email: jacob.bournazian@ Confidential Information Protection and eia.gov. Because of delays in the receipt Statistical Efficiency Act (CIPSEA) and CIPSEA Confidentiality Pledge of regular mail related to security similar statistical confidentiality Revision Notice screening, respondents are encouraged pledges are effective and necessary in AGENCY:U.S. Energy Information to use electronic communications. honoring the trust that businesses, Administration (EIA), Department of SUPPLEMENTARY INFORMATION: Under 44 individuals, and institutions, by their Energy U.S.C. 3506(e), and 44 U.S.C. 3501 responses, place in statistical agencies. (note), EIA is revising the Under CIPSEA and similar statistical ACTION: Notice of Revision of confidentiality pledge(s) it provides to confidentiality protection statutes, many Confidentiality Pledges under the its respondents under the Confidential Federal statistical agencies make Confidential Information Protection and Information Protection and Statistical statutory pledges that the information Statistical Efficiency Act Efficiency Act (44 U.S.C. 3501 (note)) respondents provide will be seen only SUMMARY: EIA is announcing revisions (CIPSEA). These revisions are required by statistical agency personnel or their to the confidentiality pledge(s) it by provisions of the Federal sworn agents, and will be used only for provides to its respondents under the Cybersecurity Enhancement Act of 2015 statistical purposes. CIPSEA and similar Confidential Information Protection and (Pub. L. 114–11, Division N, Title II, statutes protect the confidentiality of Statistical Efficiency Act. These Subtitle B, Sec. 223), which permit and information that agencies collect solely revisions are required by the passage require the Secretary of the Department for statistical purposes and under a and implementation of provisions of the of Homeland Security (DHS) to provide pledge of confidentiality. These acts Federal Cybersecurity Enhancement Act Federal civilian agencies’ information protect such statistical information from of 2015 which permit and require the technology systems with cybersecurity administrative, law enforcement, Secretary of the Department of protection for their Internet traffic. taxation, regulatory, or any other non- Homeland Security (DHS) to provide Federal statistics provide key statistical use and immunize the Federal civilian agencies’ information information that the Nation uses to information submitted to statistical technology systems with cybersecurity measure its performance and make agencies from legal process. Moreover, protection for their Internet traffic. informed choices about budgets, many of these statutes carry criminal employment, health, investments, taxes, penalties of a Class E felony (fines up to DATES:These revisions become effective and a host of other significant topics. $250,000, or up to five years in prison, upon publication of this notice in the The overwhelming majority of Federal or both) for conviction of a knowing and Federal Register. surveys are conducted on a voluntary willful unauthorized disclosure of mstockstill on DSK3G9T082PROD with NOTICES ADDRESSES: Questions about this notice basis. Respondents, ranging from covered information. should be addressed to Jacob businesses to households to institutions, As part of the Consolidated Bournazian, U.S. Energy Information may choose whether or not to provide Appropriations Act for Fiscal Year 2016 Administration, 1000 Independence the requested information. Many of the signed on December 17, 2015, the Avenue SW., Washington, DC 20585 or most valuable Federal statistics come Congress included the Federal by fax at 202–586–3045 or by email at from surveys that ask for highly Cybersecurity Enhancement Act of 2015 jacob.bournazian@eia.gov. sensitive information such as (Pub. L. 114–11, Division N, Title II, VerDate Sep<11>2014 18:28 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\12JAN1.SGM 12JAN1

Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices 3765 Subtitle B, Sec. 223). This Act, among confidentiality pledge in an efficient pledge for collecting information over other provisions, permits and requires and coordinated fashion. Below is a the telephone reads: DHS to provide Federal civilian listing of EIA’s current Paperwork The information you provide on Form agencies’ information technology Reduction Act OMB numbers and EIA–xxx will be used for statistical purposes systems with cybersecurity protection information collection titles and their only. Your responses will be kept for their Internet traffic. The technology associated revised confidentiality confidential and will not be disclosed in currently used to provide this protection pledge(s) for the Information Collections identifiable form. Per the Federal against cyber malware is known as whose confidentiality pledges will Cybersecurity Enhancement Act of 2015, Einstein 3A; it electronically searches Federal information systems are protected change to reflect the statutory from malicious activities through Internet traffic in and out of Federal implementation of DHS’ Einstein 3A cybersecurity screening of transmitted data. civilian agencies in real time for monitoring for cybersecurity protection By law, every EIA employee, as well as every malware signatures. purposes. agent, is subject to a jail term, a fine, or both When such a signature is found, the The following EIA statistical if he or she makes public ANY identifiable Internet packets that contain the confidentiality pledge will now apply to information you reported. malware signature are moved to a the Information Collections whose Issued in Washington, DC, on December secured area for further inspection by Paperwork Reduction Act Office of 28, 2016. DHS personnel. Because it is possible Management and Budget numbers and Nanda Srinivasan, that such packets entering or leaving a titles are listed below. Director, Office of Survey Development and statistical agency’s information Statistical Integration, U.S. Energy technology system may contain a small The information you provide on Form Information Administration. portion of confidential statistical data, EIA–XXX will be used for statistical purposes only and is confidential by law. In [FR Doc. 2016–31974 Filed 1–11–17; 8:45 am] statistical agencies can no longer accordance with the Confidential Information BILLING CODE 6450–01–P promise their respondents that their Protection and Statistical Efficiency Act of responses will be seen only by statistical 2002 and other applicable Federal laws, your agency personnel or their sworn agents. responses will not be disclosed in DEPARTMENT OF ENERGY However, they can promise, in identifiable form without your consent. Per accordance with provisions of the the Federal Cybersecurity Enhancement Act Federal Energy Regulatory Federal Cybersecurity Enhancement Act of 2015, Federal information systems are Commission of 2015, that such monitoring can be protected from malicious activities through cybersecurity screening of transmitted data. [Docket No. OR17–4–000] used only to protect information and information systems from cybersecurity Every EIA employee, as well as every agent, is subject to a jail term, a fine, or both if he QEP Field Services, LLC; Notice of risks, thereby, in effect, providing Request for Temporary Waiver or she makes public ANY identifiable stronger protection to the integrity of the information you reported. respondents’ submissions. Take notice that on January 5, 2017, OMB No: 1905–0174 Petroleum Marketing The DHS cybersecurity program’s Program pursuant to Rule 204 of the Federal objective is to protect Federal civilian Form EIA–863, ‘‘Petroleum Product Sales Energy Regulatory Commission’s information systems from malicious Identification Survey’’ (Commission) Rules of Practice and malware attacks. The Federal statistical Form EIA–878, ‘‘Motor Gasoline Price Procedure, 18 CFR 385.204, QEP Field system’s objective is to ensure that the Survey’’ Services, LLC (Petitioner) filed a DHS Secretary performs those essential Form EIA–888, ‘‘On-Highway Diesel Fuel petition for temporary waiver of the duties in a manner that honors the Price Survey’’ tariff filing and reporting requirements Government’s statutory promises to the OMB No: 1905–0175 Natural Gas Data of sections 6 and 20 of the Interstate Collection Program Commerce Act and parts 341 and 357 of public to protect their confidential data. Form EIA–910, ‘‘Monthly Natural Gas Given that the Department of Homeland Marketers Survey’’ the Commission’s regulations for the Security is not a Federal statistical Form EIA–912, ‘‘Weekly Underground Belfield Gathering System, as more fully agency, both DHS and the Federal Natural Gas Storage Report’’ explained in the petition. statistical system worked to balance OMB No: 1905–0205 Monthly Natural Gas Any person desiring to intervene or to both objectives and achieve these Production Report protest this filing must file in mutually reinforcing objectives. Form EIA–914, ‘‘Monthly Crude Oil, Lease accordance with Rules 211 and 214 of Accordingly, DHS and Federal Condensate, and Natural Gas Production the Commission’s Rules of Practice and statistical agencies, in cooperation with Report’’ Procedure (18 CFR 385.211 and their parent departments, developed a OMB No: 1905–0160 Uranium Data Program 385.214). Protests will be considered by Memorandum of Agreement for the Form EIA–851Q, ‘‘Domestic Uranium the Commission in determining the Production Report—Quarterly’’ installation of Einstein 3A cybersecurity Form EIA–851A, ‘‘Domestic Uranium appropriate action to be taken, but will protection technology to monitor their Production Report—Annual’’ not serve to make protestants parties to Internet traffic. However, EIA’s current Form EIA–858, ‘‘Uranium Marketing the proceeding. Any person wishing to CIPSEA statistical confidentiality pledge Annual Survey’’ become a party must file a notice of promises that respondents’ data will be OMB No: 1905–0145 Commercial Buildings intervention or motion to intervene, as seen only by statistical agency Energy Consumption Survey appropriate. Such notices, motions, or personnel or their sworn agents. Since Form EIA–871, ‘‘Commercial Buildings protests must be filed on or before the it is possible that DHS personnel could Energy Consumption Survey’’ comment date. Anyone filing a motion see some portion of those confidential OMB No. 1905–0092 Residential Energy to intervene or protest must serve a copy mstockstill on DSK3G9T082PROD with NOTICES Consumption Survey data in the course of examining the Form EIA–457, ‘‘Residential Energy of that document on the Petitioner. suspicious Internet packets identified by Consumption Survey’’ The Commission encourages Einstein 3A sensors, EIA needs to revise electronic submission of protests and its confidentiality pledge to reflect this The pledge provided to respondents interventions in lieu of paper using the process change. over the telephone is shorter for the ‘‘eFiling’’ link at http://www.ferc.gov. Therefore, EIA is providing this notice respondents to Forms EIA–878 and Persons unable to file electronically to alert the public of this revision in its EIA–888. The statistical confidentiality should submit an original and 5 copies VerDate Sep<11>2014 18:28 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\12JAN1.SGM 12JAN1


Document Created: 2017-03-21 14:41:05
Document Modified: 2017-03-21 14:41:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Revision of Confidentiality Pledges under the Confidential Information Protection and Statistical Efficiency Act
DatesThese revisions become effective upon publication of this notice in the Federal Register.
ContactJacob 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 Citation82 FR 3764 
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