7518 Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Proposed Rules 

1 16 U.S.C. 824o. 

2 18 CFR 39.3(c). 

3 16 U.S.C. 824o; (on July 20, 2006, the 

Commission certified NERC as the ERO for the 

continental United States under FPA section 

215(c)). North American Electric Reliability Corp., 

116 FERC ¶ 61,062, order on reh’g and compliance, 

117 FERC ¶ 61,126 (2006), order on compliance, 

118 FERC ¶ 61,030, order on compliance, 118 FERC 

¶ 61,190, order on reh’g, 119 FERC ¶ 61,046 (2007), 

aff’d sub nom. Alcoa Inc. v. FERC, 564 F.3d 1342 

(D.C. Cir. 2009). 

4 Id. section 824o(c). 

5Rules Concerning Certification of the Electric 

Reliability Organization; and Procedures for the 

Establishment, Approval, and Enforcement of 

Electric Reliability Standards, Order No. 672, 71 FR 

8662 (Feb. 17, 2006), 114 FERC ¶ 61,104, at P 186, 

order on reh’g, Order No. 672–A, 114 FERC ¶ 61,328 

(2006). 

descent, and landing, unless the jam is 

shown to be extremely improbable or 

can be alleviated. 

Issued in Fort Worth, Texas. 

Jorge Castillo, 

Manager, Strategic Policy Rotorcraft Section, 

Policy and Innovation Division, Aircraft 

Certification Service. 

[FR Doc. 2021–01958 Filed 1–28–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 39 

[Docket No. RM21–12–000] 

Revisions to Regulations on Electric 

Reliability Organization Performance 

Assessments 

AGENCY: Federal Energy Regulatory 

Commission, Department of Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) 

proposes to amend the Commission’s 

regulations to require the Commissioncertified Electric Reliability 

Organization to submit assessments of 

its performance every three years 

instead of the current period of every 

five years. The Commission also 

proposes to add to the Commission’s 

regulations a requirement for the 

Electric Reliability Organization to 

include in its performance assessment a 

detailed discussion of any areas of the 

Electric Reliability Organization’s 

responsibilities and activities, or a 

Regional Entity’s delegated functions, 

beyond those required by the 

Commission’s regulations, that the 

Commission has identified at least 90 

days prior to the expected performance 

assessment submission date. Finally, the 

Commission proposes formalizing the 

method for the Electric Reliability 

Organization and Regional Entities to 

receive and respond to 

recommendations by the users, owners, 

and operators of the Bulk-Power 

System, and other interested parties for 

improvement of the Electric Reliability 

Organization’s operations, activities, 

oversight and procedures. 

DATES: Comments are due March 1, 

2021. 

ADDRESSES: Comments, identified by 

docket number, may be filed 

electronically at http://www.ferc.gov 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 mail to: Federal Energy Regulatory 

Commission, Secretary of the 

Commission, 888 First Street NE, 

Washington, DC 20426. Hand-delivered 

comments must be delivered to: Federal 

Energy Regulatory Commission, 12225 

Wilkins Avenue, Rockville, Maryland 

20852. The Comment Procedures 

Section of this document contains more 

detailed filing procedures. 

FOR FURTHER INFORMATION CONTACT: 

Leigh Anne Faugust (Legal Information), 

Office of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street NE, Washington, DC 20426, 

Telephone: (202) 502–6396. 

SUPPLEMENTARY INFORMATION: 

1. Pursuant to section 215 of the 

Federal Power Act (FPA),1 the 

Commission proposes to amend 

§ 39.3(c) of the Commission’s 

regulations to require the Commissioncertified Electric Reliability 

Organization (ERO) to submit 

assessments of its performance every 

three years instead of the current period 

of every five years.2 We believe that the 

proposed amendment will provide 

better continuity in our review of the 

ERO’s operations, activities, oversight, 

procedures, and evaluation of the 

effectiveness of each Regional Entity in 

the performance of delegated functions. 

We also believe the proposed shorter 

performance assessment cycle will 

provide an opportunity to identify 

potential improvements with regards to 

ERO performance in a more timely 

fashion, allow for changes to be made in 

a more timely manner, and improve the 

efficiency of the overall performance 

assessment process. 

2. Also, pursuant to section 215 of the 

FPA, we propose to add paragraph (iv) 

to § 39.3(c)(1) of the Commission’s 

regulations to require the Commissioncertified ERO to include in its 

performance assessments a detailed 

discussion of any areas of the ERO’s 

responsibilities and activities, or the 

Regional Entities’ delegated functions, 

beyond those required by § 39.3(c)(1)(i), 

(ii), and (iii), that the Commission 

identifies for inclusion at least 90 days 

prior to the expected performance 

assessment submission date. 

3. Finally, we propose to amend 

§ 39.3(c)(1)(ii) of the Commission’s 

regulations to require the ERO to solicit 

via a formal public comment period 

recommendations by the users, owners, 

and operators of the Bulk-Power 

System, and other interested parties for 

improvement of the ERO’s operations, 

activities, oversight and procedures. 

I. Background 

A. Section 215 of the FPA 

4. Section 215 of the FPA requires the 

Commission to issue regulations that, 

among other things, provide for the 

certification of an entity as the ERO if 

it meets certain criteria.3 Specifically, 

FPA section 215(c) establishes that an 

ERO candidate must have the ability to 

develop and enforce mandatory 

Reliability Standards that provide for an 

adequate level of reliability of the BulkPower System.4 The statute also 

requires that an ERO candidate have 

established rules that: (1) Assure 

independence, while assuring fair 

stakeholder representation and balanced 

decision-making; (2) equitably allocate 

reasonable dues, fees, and other charges; 

(3) provide fair and impartial 

procedures for enforcing Reliability 

Standards through imposition of 

penalties; (4) provide reasonable notice 

and opportunity for public comment, 

due process, and balance in developing 

Reliability Standards and otherwise 

exercising its duties; and (5) provide 

appropriate steps to gain recognition in 

Canada and Mexico. 

5. FPA section 215(e)(4) provides that 

the ERO may delegate authority to a 

Regional Entity for the purpose of 

proposing regional Reliability Standards 

and enforcing Reliability Standards. 

Regional Entities must meet the same 

statutory criteria as those required for 

Commission certification of an ERO, 

except that more flexibility is allowed in 

the composition of a Regional Entity 

board of directors. The Commission 

must approve a delegation agreement 

between the ERO and a Regional Entity, 

and the Commission is authorized to 

modify such delegation. 

B. Order No. 672 

6. On February 3, 2006, the 

Commission issued Order No. 672, 

which amended the Commission’s 

regulations to implement the 

requirements of FPA section 215.5 In 

Order No. 672, the Commission 


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6 Id. PP 183, 187. 

7 Id. P 186. 

8 18 CFR 39.3(c)(1)(i). 

9 18 CFR 39.3(c)(1)(ii), (iii). 

10 18 CFR 39.3(c)(1)(iii). 

11 Id. 

12 18 CFR 39.3(c). 

13See e.g., 18 CFR 375.303 (a)(2)(v) (‘‘The 

Commission authorizes the Director or the 

Director’s designee to . . . [d]irect the Electric 

Reliability Organization, Regional Entities, or users, 

owners, and operators of the Bulk-Power System 

within the United States (not including Alaska and 

Hawaii) to provide such information as is necessary 

to implement Section 215 of the Federal Power 

Act. . . .’’). 

14North American Electric Reliability Corp., 

Docket No. RR19–7–000, at 3 (July 22, 2019) (2019 

Performance Assessment). 

15See e.g., NERC, Rules of Procedure, sec. 406 

(‘‘NERC shall provide for an independent audit of 

its [CMEP] at least once every three years, or more 

frequently as determined by the Board. The audit 

shall be conducted by independent expert auditors 

as selected by the Board’’). 

16For example, pursuant to 18 CFR 39.3 (c)(1)(i), 

the ERO must include in its performance 

assessment an explanation of how its Reliability 

Standards program meet the requirements of 

§ 39.3(b). NERC posts on its website the status of 

various Reliability Standards projects, and provides 

public access to all projects, including: Reliability 

Standards, Standard Authorization Requests, 

Periodic Reviews, and Interpretations. NERC, 

Reliability Standards Under Development, https:// 

www.nerc.com/pa/Stand/Pages/Standards-UnderDevelopment.aspx. NERC has a formal oversight 

program for functions it has delegated to the 

Regional Entities. The programs include 

performance metrics that NERC uses to evaluate the 

Regional Entity performance from year to year, (i.e., 

more frequently than what would be necessary for 

a three-year performance assessment). 2019 

Performance Assessment at 10. 

17 18 CFR 39.3(b)(2)(ii). 

interpreted section 215 of the FPA to 

require the ERO to comply with the 

certification criteria in section 215(c) of 

the FPA on a continuous basis.6 Further, 

the Commission mandated that the ERO 

submit periodic assessments of its 

performance that ‘‘affirmatively 

demonstrate to the Commission that [the 

ERO] satisfies the statutory and 

regulatory criteria for an ERO and is not 

only maintaining but improving the 

quality of its activities and those of the 

Regional Entities to which it has 

delegated such activities.’’ 7

7. In Order No. 672, the Commission 

also said that the performance 

assessments should employ regular and 

systematic measurement and reporting 

of the ERO’s performance. The specific 

requirements for the performance 

assessments are set out in the 

Commission’s regulations in § 39.3(c) 

and provide that the ERO file an 

assessment of its performance three 

years from the date of initial 

certification, and every five years 

thereafter. Section 39.3(c)(1) of the 

Commission’s regulations specify that 

the ERO should include in its 

performance assessment: (1) An 

explanation of how it satisfies the 

requirements of § 39.3 (b); 8 (2) 

recommendations from stakeholders on 

improvement for the ERO and Regional 

Entities’ performance and the ERO’s and 

Regional Entities’ response to those 

recommendations; 9 and (3) an 

evaluation of the effectiveness of each 

Regional Entity’s performance of 

delegated functions.10 Section 39.3(c)(2) 

of the Commission’s regulations explain 

that the Commission will review the 

performance assessments and may 

require follow-up actions by the ERO to 

comply or improve compliance with the 

statutory and regulatory qualifications 

for the ERO if the Commission 

determines that the ERO has not 

satisfied specific criteria.11

II. Discussion 

8. Pursuant to section 215 of the FPA, 

we propose to amend § 39.3(c) of the 

Commission’s regulations to require the 

Commission-certified ERO to submit 

assessments of its performance every 

three years instead of the current period 

of every five years.12 We also propose to 

amend § 39.3(c)(1) to add a new 

requirement for the ERO to include in 

its performance assessment a detailed 

discussion of any areas of the EROs’ 

responsibilities and activities, or the 

Regional Entity delegated functions, 

beyond those required by § 39.3(c)(1)(i), 

(ii), and (iii) that the Commission 

identifies at least 90 days prior to the 

expected performance assessment 

submission date. For example, a 

Commission-identified issue may be 

communicated to the ERO through a 

Commission order or the Commission’s 

delegated authority to the Director of the 

Office of Electric Reliability.13

9. While Order No. 672 established a 

five-year period for submitting ERO 

performance assessments following the 

initial three-year assessment, decreasing 

the periodicity to every three years 

would improve the ERO’s accountability 

to the public, stakeholders, and the 

Commission. Our proposed reduction in 

the assessment period aligns with the 

ERO’s own acknowledgement that it is 

‘‘facing unprecedented, rapid change in 

the electric industry, which raises new 

challenges to and opportunities for the 

reliability and security of the Bulk 

Power System.’’ 14 We agree, and find 

that the Bulk-Power System is 

transitioning in myriad ways through 

innovation and technology at a pace 

unanticipated when the Commission 

originally established the five-year 

performance assessment period and 

identified topics for the ERO to include 

in those assessments. 

10. The proposed three-year 

performance assessment cycle will 

enhance the Commission’s oversight of 

the ERO and provide an opportunity to 

address issues arising with regard to 

ERO performance in a more timely 

fashion. We believe this will allow for 

changes to be made in a more timely 

manner, and improve the efficiency of 

the overall performance assessment 

process. A three-year performance 

assessment aligns more closely with 

certain ongoing NERC activities, such as 

the triennial Reliability Standards and 

reliability guidelines reviews. Moreover, 

the reduced period between assessments 

will allow better continuity in the 

Commission’s review of the ERO’s 

operations, activities, oversight, 

procedures, and evaluation of the 

effectiveness of each Regional Entity in 

the performance of delegated functions. 

For example, a three-year period 

improves the likelihood that the NERC 

staff preparing the performance 

assessment, the Commission staff 

reviewing the assessment, and 

Commissioners would be familiar with 

the performance assessment process— 

thereby providing continuity and 

subject matter expertise. Three years 

also provides an earlier opportunity to 

address new and emerging areas of 

concern or recommendations for 

development identified by the 

Commission and stakeholders. 

11. We believe that the proposed 

three-year performance cycle affords a 

reasonable amount of time between 

performance assessments. We note that 

this is the same three-year timeframe 

imposed in Order No. 672 on the initial 

performance assessment submitted by 

the ERO in 2010. The timing also aligns 

with the NERC’s Rules of Procedure 

requirement of an independent audit of 

NERC’s Compliance Monitoring and 

Enforcement Program (CMEP) and 

Organization Registration and 

Certification Program.15

12. The ERO has existing internal 

processes used to assess its ongoing 

performance of its statutory 

responsibilities, and the Regional 

Entities’ ongoing performance in their 

delegated activities.16 For example, 

NERC files itemized annual budgets for 

both its own activities and those of the 

Regional Entities, thereby tracking 

whether it ‘‘allocate[s] equitably 

reasonable dues, fees and charges 

among end users for all activities.’’ 17

The ERO uses a program alignment 

process to identify, prioritize, and 

resolve inconsistencies among the 


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18NERC, ERO Enterprise Program Alignment 

Process, https://www.nerc.com/pa/comp/Pages/ 

EROEnterProAlign.aspx. 

19As required by 18 CFR 39.3(c)(1)(ii), the ERO’s 

performance assessment must address ‘‘the 

effectiveness of each Regional Entity, 

recommendations by the [ERO], users, owners, and 

operators of the Bulk-Power System, and other 

interested parties for improvement of the Regional 

Entity’s performance of delegated functions.’’ 

20See, e.g., NERC, Compliance Monitoring and 

Enforcement Program Quarterly Report, (Nov. 4, 

2020), https://www.nerc.com/pa/comp/CE/ 

ReportsDL/Q3%202020%20

Quarterly%20CMEP%20Report.pdf. 

21See, e.g., NERC, 2021 Business Plan and Budget 

Preparation Schedule, (2020), https://

www.nerc.com/gov/bot/FINANCE/Hidden%20

Documents/2021%20BPB%20Preparation%20

Schedule.pdf. 

22As noted above, a Commission-identified issue 

may be communicated to the ERO through a 

Commission order or the Commission’s delegated 

authority to the Director of the Office of Electric 

Reliability. 

23Order No. 672 interprets the FPA to require that 

the ERO to comply with the certification criteria on 

an ongoing basis, and that a violation of a 

certification criterion constitutes a violation of the 

FPA. Order No. 672, 114 FERC ¶ 61,104 at P 184. 

24Order No. 672, 114 FERC ¶ 61,104 at P 186. 

25 44 U.S.C. 3501–3521. 

26 5 CFR part 1320. 

Regional Entities.18 The ERO also issues 

a stakeholder survey every other year to 

measure the effectiveness of NERC and 

the Regional Entities in executing 

program activities.19

13. Based on the examples described 

above, we believe the ERO should be 

able to use these existing processes to 

provide a self-assessment to the 

Commission on a three-year basis rather 

than every five years without imposing 

an undue burden on the ERO. NERC 

could leverage the existing tracking 

mechanisms discussed above, as well as 

the findings of its required three-year 

independent audit, its internal audit 

department, ongoing quarterly and 

annual assessments of its CMEP and 

Organization Registration and 

Certification Program,20 and the 

processes that lead to NERC’s annual 

filings of the business plan and budgets 

(and those of the Regional Entities),21 all 

of which NERC already uses to regularly 

report on its and the Regional Entities’ 

activities. For these reasons, we believe 

a reduction of time from a five-year 

cycle to a three-year cycle will not 

impose an undue burden for NERC, the 

Regional Entities, registered entities, or 

other interested stakeholders. 

14. Next, based on the last three 

performance assessments NERC has 

submitted to the Commission as the 

ERO, where the Commission has 

directed NERC to submit additional 

information on further compliance, we 

propose to revise the Commission’s 

regulations governing what an ERO 

must include in its performance 

assessment. Specifically, we propose to 

require that the Commission-certified 

ERO include in its performance 

assessments a detailed discussion of any 

areas of the ERO’s activities and 

functions, or the Regional Entities’ 

delegated functions, beyond those set 

forth in § 39.3(c)(1)(i), (ii), and (iii), that 

the Commission identifies for inclusion 

at least 90 days prior to the expected 

performance assessment submission 

date.22 Identifying specific areas of 

interest in a formal and timely manner 

prior to NERC’s submission of the 

Performance Assessment may likely 

result in efficiencies. For example, 

identifying areas of interest NERC 

should address in the filing may reduce 

the need for the Commission to issue 

data requests or require informational 

filings afterwards. We believe the 

additional information NERC will 

provide in response to the identified 

areas of interest will enable the 

Commission to more efficiently review 

the performance of the ERO’s activities 

and functions, as well as oversight of 

the Regional Entities’ delegated 

functions. We also believe 90 days prior 

to the submission of each performance 

assessment provides NERC adequate 

time to address any Commissionidentified topics in its performance 

assessment, but we seek comment on 

whether a different period of time may 

be more appropriate. 

15. Finally, we propose to add a 

formal requirement for a public 

comment period to solicit Regional 

Entities, users, owners, and operators of 

the Bulk-Power System, and other 

interested parties for improvement of 

the ERO’s operations, activities, 

oversight and procedures. The intent of 

the comment period is to inform the 

content of the ERO’s draft performance 

assessment. We anticipate that the ERO 

would meet the proposed requirement 

by issuing notice of a public comment 

period on its website specifically 

requesting that interested parties 

identify areas of improvement. We 

envision the solicitation of comments 

would be issued separately and prior to 

the posting of the draft performance 

assessment. The posting should be 

independent of other recurring 

stakeholder surveys that may have a 

more limited audience. The ERO would 

then include the submitted comments, 

and the ERO’s responses to such 

comments, with its performance 

assessment filing. 

16. We believe that the proposed 

amendments to our regulations will 

improve our oversight of the ERO. The 

proposal will better enable the 

Commission to determine that the ERO 

is satisfying the statutory and regulatory 

criteria continuously,23 and provide the 

opportunity for more timely 

Commission and stakeholder feedback 

or direction to the ERO should issues 

arise. Further, consistent with Order No. 

672, the shorter cycle for the ERO 

performance assessment will provide 

more timely Commission oversight to 

assure that the ERO is ‘‘not only 

maintaining but improving the quality 

of its activities and those of the Regional 

Entities to which it has delegated such 

activities.’’ 24 We seek comments from 

NERC and other interested entities on 

this proposal, including on the burden 

of this proposal. 

III. Information Collection Statement 

17. This NOPR proposes to amend the 

Commission’s regulations to require the 

Commission-certified ERO to submit 

assessments of its performance every 

three years instead of the current period 

of every five years. It also proposes to 

require the Commission-certified ERO to 

include in its performance assessments 

a detailed discussion of any areas of the 

ERO’s responsibilities and activities, or 

the Regional Entities’ delegated 

functions, beyond those required by 

§ 39.3(c)(1)(i), (ii), and (iii), that the 

Commission identifies for inclusion at 

least 90 days prior to the expected 

performance assessment submission 

date. Finally, this NOPR proposes to 

formalize the ERO’s solicitation of 

recommendations via a formal public 

comment period from Regional Entities, 

users, owners, and operators of the 

Bulk-Power System, and other 

interested parties for improvement of 

the ERO’s operations, activities, 

oversight and procedures. 

18. The Paperwork Reduction Act 

(PRA) 25 requires each federal agency to 

seek and obtain approval by the Office 

of Management and Budget (OMB) 

before undertaking a collection of 

information (including reporting, record 

keeping, and public disclosure 

requirements) directed to ten or more 

persons or contained in a rule of general 

applicability. OMB regulations 26

require approval of certain information 

collection requirements contemplated 

by proposed rules (including deletion, 

revision, or implementation of new 

requirements). Upon approval of a 

collection of information, OMB will 

assign an OMB control number and an 

expiration date. Respondents subject to 

the filing requirements of this proposed 

rule will not be penalized for failing to 

respond to the collection of information 


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27The hourly cost estimates are based on wage 

data from the Bureau of Labor Statistics for May 

2019 (BLS, Occupational Employment Statistics 

(May 2019), https://www.bls.gov/oes/current/ 

naics2_22.htm) and benefits data for September 

2020 (BLS, Employer Costs for Employee 

Compensation Summary (Dec. 17, 2020), https://

www.bls.gov/news.release/ecec.nr0.htm). 

28Regulations Implementing the National 

Environmental Policy Act of 1969, Order No. 486, 

52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs. 

¶ 30,783 (1987) (cross-referenced at 41 FERC 

¶ 61,284). 

29 18 CFR 380.4(a)(2)(ii). 

30 5 U.S.C 601–612. 

unless the collection of information 

displays a valid OMB control number. 

19. The information collection in this 

NOPR is FERC–725, ‘‘Certification of 

Electric Reliability Organization.’’ The 

OMB Control Number is 1902–0225. As 

required by the PRA, the collection of 

information that would be revised in 

this proposed rule is being submitted to 

OMB for review under 44 U.S.C. 

3507(d). 

20. The Commission solicits 

comments on the Commission’s need for 

the proposed revision of the information 

collection, 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. All burden 

estimates are discussed in this NOPR 

and in the Paperwork Reduction Act 

supporting statement. 

21. Interested persons may submit 

questions about this information 

collection by contacting Ellen Brown, 

Office of the Executive Director, at 

DataClearance@ferc.gov, or (202) 502– 

8663. Please send comments concerning 

the collection of information and the 

associated burden estimates to: Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

[Attention: Federal Energy Regulatory 

Commission Desk Officer]. Due to 

security concerns, comments should be 

sent directly to www.reginfo.gov/public/ 

do/PRAMain. Comments submitted to 

OMB should be sent within 60 days of 

publication of this notice in the Federal 

Register and refer to FERC–725 and 

OMB Control No. 1902–0225. 

22. Please submit to the Commission 

copies of comments concerning the 

collection of information and the 

associated burden estimates (identified 

by Docket No. RM21–12–000) by any of 

the following methods: 

• eFiling at Commission’s Website: 

http://www.ferc.gov/docs-filing/ 

efiling.asp; 

• U.S. Postal Service Mail: Persons 

unable to file electronically may mail 

similar pleadings to the Federal Energy 

Regulatory Commission, 888 First Street 

NE, Washington, DC 20426; or 

• Effective July 1, 2020, filings not 

submitted via eFiling or the U.S. Postal 

Service may be delivered to: Federal 

Energy Regulatory Commission, c/o 

Health and Human Services, 12225 

Wilkins Avenue, Rockville, Maryland 

20852. 

23. The following discussion 

describes and analyzes the existing 

collection of information associated 

with 18 CFR 39.3(c) (FERC–725, OMB 

Control Number 1902–0225), as it 

would be modified by this proposed 

rule. 

• Necessity of the Information: The 

information collected from the ERO or 

Regional Entities under the 

requirements of FERC–725 is used by 

the Commission to implement the 

statutory provisions of section 215 of 

the FPA and implemented by the 

Commission in accordance with 18 CFR 

part 39. 

• Public Reporting Burden: The 

NOPR would result in program changes 

in the ‘‘Self-Assessment’’ information 

activities in FERC–725 due to the 

proposed requirement to submit selfassessments every 3 years. At present, 

self-assessments are required every 5 

years. 

24. The annualized number of 

responses for each self-assessment 

would be revised from 0.2 per year to 

0.33 per year. As shown below, RM21– 

12–000 would result in a total of 2.31 

responses for self-assessments annually. 

The Commission has also reduced the 

number of Regional Entities from seven 

to six. 

25. The Commission calculates the 

average annual burden and cost 27 in 

accordance with data from the Bureau of 

Labor Statistics. For hourly cost (for 

wages and benefits), we estimate that 70 

percent of the time is spent by Electrical 

Engineers (code 17–2071, at $66.90/hr.), 

20 percent of the time is spent by Legal 

(code 23–0000, at $143.68/hr.), and 10 

percent by Office and Administrative 

Support (code 43–0000, at $41.34/hr.). 

The weighted hourly cost (for wages and 

benefits) is $79.70. 

Type of respondent Type of response Number of 

respondents 

Number of 

responses per 

respondent 

Total number 

of responses 

(col. C × col. 

D) 

Average burden 

hours and cost ($) 

per response 

(rounded) 

Estimated total 

annual burden hrs. 

and cost ($) 

(rounded) 

(col. E × col. F) 

A. B. C. D. E. F. G. 

Electric Reliability Organization.Self-Assessment ...... 1 0.33 0.33 4,160 hrs.; $331,552 1,373 hrs.; $109,412. 

Regional Entities ...... Self-Assessment ...... 6 0.33 1.98 4,160 hrs.; $331,552 8,237 hrs.; $656,473. 

Total Burden 

Hrs. and Cost.

.................................. 7 ........................ 2.31 .................................. 9,610 hrs.; $765,885. 

IV. Environmental Analysis 

26. The Commission is required to 

prepare an Environmental Assessment 

or an Environmental Impact Statement 

for any action that may have a 

significant adverse effect on the human 

environment.28 The Commission has 

categorically excluded certain actions 

from this requirement as not having a 

significant effect on the human 

environment. Included in the exclusion 

are rules that are clarifying, corrective, 

or procedural or that do not 

substantially change the effect of the 

regulations being amended.29 The 

actions proposed here fall within this 

categorical exclusion in the 

Commission’s regulations. 

V. Regulatory Flexibility Act 

Certification 

27. The Regulatory Flexibility Act of 

1980 (RFA) 30 generally requires a 

description and analysis of proposed 

rules that will have significant 

economic impact on a substantial 

number of small entities. 

28. By only proposing to direct NERC, 

the Commission-certified ERO, to 


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7522 Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Proposed Rules 

31 18 CFR 385.2001(a)(1)(i). 

32 18 CFR 385.2001(a)(1)(ii). 

increase the periodicity of its 

performance assessment submission and 

address identified topics, this NOPR 

will not have a significant or substantial 

impact on entities other than NERC. The 

ERO develops and files with the 

Commission for approval Reliability 

Standards affecting the Bulk-Power 

System, which represents: (a) A total 

electricity demand of 830 gigawatts 

(830,000 megawatts) and (b) more than 

$1 trillion worth of assets. Therefore, 

the Commission certifies that this NOPR 

will not have a significant economic 

impact on a substantial number of small 

entities. 

VI. Comment Procedures 

29. The Commission invites interested 

persons to submit comments on the 

matters and issues proposed in this 

notice to be adopted, including any 

related matters or alternative proposals 

that commenters may wish to discuss. 

Comments are due March 1, 2021. 

Comments must refer to Docket No. 

RM21–12–000, and must include the 

commenter’s name, the organization 

they represent, if applicable, and their 

address in their comments. 

30. The Commission encourages 

comments to be filed electronically via 

the eFiling link on the Commission’s 

website at http://www.ferc.gov. The 

Commission accepts most standard 

word processing formats. Documents 

created electronically using word 

processing software should be filed in 

native applications or print-to-PDF 

format and not in a scanned format. 

Commenters filing electronically do not 

need to make a paper filing. 

31. Commenters that are not able to 

file comments electronically must 

submit an original of their comments 

either by mail through the United States 

Postal Service to: The Secretary of the 

Commission, Federal Energy Regulatory 

Commission, 888 First Street NE, 

Washington, DC, 20426,31 or by any 

other method of delivery, including 

hand delivery, to the Federal Energy 

Regulatory Commission, 12225 Wilkins 

Avenue, Rockville, Maryland 20852.32

32. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

VII. Document Availability 

33. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the internet through the 

Commission’s Home Page (http://

www.ferc.gov). At this time, the 

Commission has suspended access to 

the Commission’s Public Reference 

Room due to the President’s March 13, 

2020 proclamation declaring a National 

Emergency concerning the Novel 

Coronavirus Disease (COVID–19). 

34. From the Commission’s Home 

Page on the internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number excluding the 

last three digits of this document in the 

docket number field. 

35. User assistance is available for 

eLibrary and the Commission’s website 

during normal business hours from the 

Commission’s Online Support at (202)– 

502–6652 (toll free at 1–866–208–3676) 

or email at ferconlinesupport@ferc.gov, 

or the Public Reference Room at (202) 

502–8371, TTY (202) 502–8659. Email 

the Public Reference Room at 

public.referenceroom@ferc.gov. 

List of Subjects in 18 CFR Part 39 

Administrative practice and 

procedure, Electric power, Penalties, 

Reporting and recordkeeping 

requirements. 

By direction of the Commission. 

Commissioners Chatterjee and Glick are 

concurring with a joint separate statement 

attached. 

Issued: January 19, 2021. 

Kimberly D. Bose, 

Secretary. 

In consideration of the foregoing, the 

Commission proposes to amend part 39, 

chapter I, title 18, Code of Federal 

Regulations, as follows: 

PART 39—RULES CONCERNING 

CERTIFICATION OF THE ELECTRIC 

RELIABILITY ORGANIZATION; AND 

PROCEDURES FOR THE 

ESTABLISHMENT, APPROVAL, AND 

ENFORCEMENT OF ELECTRIC 

RELIABILITY STANDARDS 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 16 U.S.C. 824o. 

■ 2. Amend § 39.3 by revising paragraph 

(c) introductory text, paragraph (c)(ii) 

and adding paragraph (iv) to read as 

follows. 

§ 39.3 Electric Reliability Organization 

certification. 

* * * * * 

(c) The Electric Reliability 

Organization shall submit an assessment 

of its performance three years from the 

date of certification by the Commission, 

and every three years thereafter. After 

receipt of the assessment, the 

Commission will establish a proceeding 

with opportunity for public comment in 

which it will review the performance of 

the Electric Reliability Organization. 

* * * * * 

(ii) Recommendations, as solicited by 

the Electric Reliability Organization via 

a noticed public comment period, by 

Regional Entities, users, owners, and 

operators of the Bulk-Power System, 

and other interested parties for 

improvement of the Electric Reliability 

Organization’s operations, activities, 

oversight and procedures, and the 

Electric Reliability Organization’s 

response to such recommendations. . . 

* * * * * 

(iv) a detailed discussion of any areas 

of the Electric Reliability Organizations 

responsibilities and activities, or the 

Regional Entity delegated functions, 

beyond those required by § 39.3(c)(1)(i), 

(ii), and (iii) of this section that the 

Commission has identified. The 

Commission will inform the Electric 

Reliability Organization of any 

additional performance areas to include 

at least 90 days prior to the expected 

performance assessment submission 

date. 

* * * * * 

United States of America Federal 

Energy Regulatory Commission 

Revisions to Regulations on Electric 

Reliability Organization Performance 

Assessments—Docket No. RM21–12– 

000 

(Issued January 19, 2021) 

CHATTERJEE, Commissioner, and 

GLICK, Commissioner, concurring: 

We support this notice of proposed 

rulemaking (NOPR), which explores 

potential improvements to the existing 

framework for the North American 

Electric Reliability Corporation, the 

Commission-certified Electric 

Reliability Organization (ERO), to 

submit assessments of its performance. 

Given the important and increasingly 

complex role the ERO plays in ensuring 

the reliability of the Bulk Power System, 

we urge interested parties to submit 

comments on the proposed reforms. To 

that end, while we encourage comments 

on the potential benefits of these 

proposed reforms, we also encourage 

interested parties to provide comments 

on the potential burdens the proposed 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Proposed Rules 7523 

1Readers should note that, even after the 

comment closing date has passed, interested 

persons are able to file comments in the docket, 

which NHTSA will consider to the extent 

practicable. 49 CFR 553.23. NHTSA may also 

continue to file relevant information in the docket 

as it becomes available. Accordingly, the Agency 

recommends that readers periodically check the 

docket for new material. 

reforms may impose on the ERO and its 

Regional Entities. 

For these reasons, we respectfully 

concur. 

Neil Chatterjee, 

Commissioner. 

Richard Glick, 

Commissioner. 

[FR Doc. 2021–01614 Filed 1–28–21; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2020–0106] 

RIN 2127–AM15 

Framework for Automated Driving 

System Safety; Extension of Comment 

Period 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Advanced notice of proposed 

rulemaking (ANPRM); extension of 

comment period. 

SUMMARY: In response to a request from 

Venable LLC, NHTSA is announcing a 

60-day extension of the comment period 

on an advance notice of proposed 

rulemaking (ANPRM) requesting 

comment on NHTSA’s development of a 

framework for Automated Driving 

System (ADS) safety. The comment 

period for the ANPRM was originally 

scheduled to end on February 1, 2021. 

It will now end on April 1, 2021. 

DATES: The comment period for the 

‘‘Framework for Automated Driving 

System Safety’’ ANPRM, published on 

December 3, 2020, at 85 FR 78058, is 

extended to April 1, 2021. 

ADDRESSES: Comments must refer to the 

docket number above and be submitted 

by one of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

M–30, U.S. Department of 

Transportation, West Building, Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

• Hand Delivery or Courier: U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE, 

Washington, DC, between 9 a.m. and 5 

p.m. Eastern time, Monday through 

Friday, except Federal holidays. To be 

sure someone is there to help you, 

please call (202) 366–9332 before 

coming. 

• Fax: 202–493–2251. 

Regardless of how you submit your 

comments, you must include the docket 

number identified in the heading of this 

notice. 

Note that all comments received, 

including any personal information 

provided, will be posted without change 

to http://www.regulations.gov. Please 

see the ‘‘Privacy Act’’ heading below. 

You may call the Docket Management 

Facility at 202–366–9322. For access to 

the docket to read background 

documents or comments received, go to 

http://www.regulations.gov or the street 

address listed above. To be sure 

someone is there to help you, please call 

(202) 366–9322 before coming. We will 

continue to file relevant information in 

the Docket as it becomes available. 

Privacy Act: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to inform its decisionmaking process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to http://www.regulations.gov, 

as described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at https://

www.transportation.gov/privacy. 

Anyone can search the electronic form 

of all comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

FOR FURTHER INFORMATION CONTACT: Sara 

R. Bennett, Attorney-Advisor, Vehicle 

Rulemaking and Harmonization, Office 

of Chief Counsel, 202–366–2992, email 

Sara.Bennett@dot.gov. 

SUPPLEMENTARY INFORMATION: On 

December 3, 2020, NHTSA published an 

ANPRM to obtain public comments on 

the development of a framework for 

Automated Driving System (ADS) safety 

(85 FR 78058). The framework would 

objectively define, assess, and manage 

the safety of ADS performance while 

ensuring the needed flexibility to enable 

further innovation. The Agency sought 

specific feedback on key components 

that can meet the need for motor vehicle 

safety while enabling innovative 

designs, in a manner consistent with 

Agency authorities. The ANPRM 

provided a 30-day comment period, 

which closes on February 1, 2021. 

On December 18, 2020, NHTSA 

received a request from Venable LLP on 

behalf of the Alliance for Automotive 

Innovation, American Property Casualty 

Insurance Association, American 

Trucking Associations, Motor & 

Equipment Manufacturers Association, 

National Automotive Dealers 

Association, National Association of 

Mutual Insurance Companies, SelfDriving Coalition for Safer Streets, 

Truck & Engine Manufacturers 

Association, and the U.S. Chamber of 

Commerce, Chamber Technology 

Engagement Center, (hereinafter ‘‘the 

requestors’’), for a 60-day extension of 

the comment period. The requestors 

state that the ANPRM raises a 

substantial number of technical and 

policy questions that require significant 

discussion and analysis on the part of 

their respective members. They suggest 

that an extension would offer them 

enough time to consult with and seek 

input from experts across their 

businesses about the ‘‘many complex 

issues presented in the ANPRM.’’ They 

state that having additional time to 

engage in such consultations would 

enable them ‘‘to better ensure that the 

comments they provide to NHTSA 

reflect the full measure of thought and 

analysis that is due for this important 

proceeding.’’ The request can be found 

in the docket for the ANPRM identified 

in the heading of this notice. 

In accordance with NHTSA’s 

rulemaking procedures in 49 CFR part 

553, subpart B, the Agency is granting 

the request to extend the comment 

period 60 days. We have determined 

that the requestors have shown good 

cause for an extension, and that the 

extension is consistent with the public 

interest (49 CFR 553.19). A 60-day 

extension appropriately balances 

NHTSA’s interest in providing the 

public with sufficient time to comment 

on the complex and novel questions 

raised in the ANPRM, with its interest 

in obtaining specific feedback from 

stakeholders in a timely manner. 

Accordingly, NHTSA is extending the 

comment period until April 1, 2021.1

Authority: 49 U.S.C. 322, 30111, 

30115, 30117, and 30166; delegation of 

authority at 49 CFR 1.95 and 49 CFR 

501.5. 

James C. Owens, 

Deputy Administrator. 

[FR Doc. 2021–01150 Filed 1–28–21; 8:45 am] 

BILLING CODE 4910–59–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS