[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Notices]
[Pages 6865-6866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02435]


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FEDERAL COMMUNICATIONS COMMISSION

[PS Docket Nos. 15-80; FR ID 69281]


Potential Safeguards in Connection With NORS-DIRS Information 
Sharing Public Notice

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Public Safety and Homeland Security 
Bureau (Bureau) of the Federal Communication Commission (FCC or 
Commission) seeks comment on the cost, manner, and technical 
feasibility of technological safeguards to protect the integrity of 
NORS and DIRS information that will be shared with agencies granted 
access to the information pursuant to the Second Report and Order.\1\
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    \1\ See Amendments to Part 4 of the Commission's Rules 
Concerning Disruptions to Communications, PS Docket No. 15-80, 
Second Report and Order, 36 FCC Rcd 6136 (2021) (Second Report and 
Order).

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DATES: Submit comments on or before March 9, 2022.

ADDRESSES: You may submit comments, identified by PS Docket Nos. 15-80, 
by any of the following methods:
    <bullet> Federal Communications Commission's website: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
    <bullet> Filings can be sent by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail. See the 
SUPPLEMENTARY INFORMATION section for more instructions.
    <bullet> People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#3f797c7c0a0f0b7f595c5c11585049"><span class="__cf_email__" data-cfemail="490f0a0a7c797d092f2a2a672e263f">[email protected]</span></a> or phone: 202-418-
0530 or TTY: 202-418-0432. For detailed instructions for submitting 
comments see the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For general questions, contact Scott 
Cinnamon, Attorney Advisor, Cybersecurity and Communications 
Reliability Division, Public Safety and Homeland Security Bureau, at 
(202) 418-2319 or <a href="/cdn-cgi/l/email-protection#d1a2b2bea5a5ffb2b8bfbfb0bcbebf91b7b2b2ffb6bea7"><span class="__cf_email__" data-cfemail="5320303c27277d303a3d3d323e3c3d133530307d343c25">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Potential 
Safeguards in Connection with NORS-DIRS Information Sharing Public 
Notice, PS Docket Nos. 15-80; DA 21-62, released January 19, 2022.
    The complete text of the Potential Safeguards in Connection with 
NORS-DIRS Information Sharing Public Notice is also available 
electronically at: https://www.fcc.gov/document/pshsb-seeks-comments-nors-dirs-information-sharing-safeguards.

I. Background

    On March 17, 2021, the Commission adopted a framework to allow 
sharing certain communications network outage information submitted to 
the FCC's NORS and DIRS systems with state, federal, and Tribal nation 
agencies to improve situational awareness, enhance their ability to 
response more rapidly to outages, and to help save lives. Information 
submitted in NORS and DIRS ``is sensitive for reasons concerning 
national security and commercial competitiveness, and the Commission 
this treats it as presumptively confidential.'' \2\
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    \2\ Second Report and Order, 36 FCC Rcd at 6137, para 2.
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    To protect the confidentiality and integrity of this sensitive 
information, the Second Report and Order adopted four specific 
safeguards: ``(1) providing read-only access to the NORS and DIRS 
filings; (2) limiting the number of users with access to NORS and DIRS 
filings at participating agencies; (3) requiring special training for 
participating agencies regarding their privileges and obligations under 
the program; and (4) potentially terminating access to agencies that 
misuse or improperly disclose NORS and DIRS data.'' \3\
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    \3\ Second Report and Order, 36 FCC Rcd at 6153, para. 58.
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II. Comment on the Cost, Utility and Feasibility of Specific Safeguards 
and Suggestions for Additional Safeguards

    Acknowledging the utility of proposals raised by commenters earlier 
in this proceeding, the Commission directed the Bureau to ``to seek, 
via Public Notice, further information on the cost, manner and 
technical feasibility'' of including confidential notifications, 
headers, or watermarks on the read-only outage reports.\4\ The Bureau 
seeks specific comments on the usefulness and effectiveness of these 
specific safeguards as well as information on costs and feasibility of 
these proposals.
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    \4\ Second Report and Order, 36 FCC Rcd at 6154, para. 61.
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    The Bureau was further directed to ``implement in NORS and DIRS any 
measures and safeguards that it determines suitable and in the public 
interest based on the record developed in response to the Public 
Notice.'' \5\ Keeping in mind that proposed safeguards ``should not 
impose new regulatory requirements on service providers or additional 
conditions on agencies seeking access to outage data,'' the Bureau 
invites comments proposing additional technical measures to preserve 
the confidentiality and integrity of the newly shared NORS and DIRS 
data.\6\
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    \5\ Id.
    \6\ Id.
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III. Implementation

    Following the receipt of comments, the Bureau will release a Public 
Notice specifying any technical safeguards implemented in response to 
this Public Notice. To the extent necessary, these changes may be made 
without prior notice-and-comment under the Administrative Procedure Act 
as ``rules of agency organization, procedure, or practice,'' 5 U.S.C. 
553(b)(A). The Bureau will then seek Office of Management and Budget 
(OMB) approval of the modifications to the extent required under the 
Paperwork Reduction Act. Upon receipt of OMB approval, and the Bureau's 
completion of all necessary changes to the systems, the Bureau will 
announce that the modifications are effective.

IV. Procedural Matters

    Interested parties may file comments in response to this Public 
Notice on or before the date indicated on the first page of this 
document. See Electronic

[[Page 6866]]

Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 
Comments may be filed using the Commission's Electronic Comment Filing 
System (ECFS).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing.
    [ssquf] Filings can be sent by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, 
and Priority mail must be addressed to 45 L Street NE, Washington, DC 
20554.
    [ssquf] Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020).
    [ssquf] To request materials in accessible formats for people with 
disabilities (braille, large print, electronic files, audio format), 
send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="c2a4a1a1f7f2f682a4a1a1eca5adb4">[email protected]</a> or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
    This proceeding has been designated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. See 47 
CFR 1.1200(a), 1.1206. Persons making ex parte presentations must file 
a copy of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

Federal Communications Commission.
David Furth,
Deputy Chief, Public Safety and Homeland Security Bureau.
[FR Doc. 2022-02435 Filed 2-4-22; 8:45 am]
BILLING CODE 6712-01-P


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