Revocation of Prohibition Order Securing Critical Defense Facilities
| Published date | 22 April 2021 |
| Record Number | 2021-08483 |
| Section | Notices |
| Court | Energy Department |
21308
Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
Secretary of the Navy, hereby finds and
certifies that USS FRANK E. PETERSON
JR. (DDG 121) is a vessel of special
construction or purpose, and that, with
respect to the position of the following
navigational lights, it is not possible to
comply fully with the requirements of
the provisions enumerated in the 72
COLREGS without interfering with the
special function of the vessel:
Annex I, paragraph 3(a), pertaining to
the position of the forward masthead
light; Annex I, paragraph 2(f)(i)
pertaining to the vertical position of the
aft masthead light; Annex I, paragraph
3(a), pertaining to the horizontal
distance between the masthead lights;
Annex I, paragraph 3(c), pertaining to
the horizontal distance of the ‘‘task
lights’’ below the masthead lights;
Annex I, paragraph 2(f)(ii), pertaining to
the horizontal position of the task lights
above the aft masthead light(s) and
vertical position of the task lights
between the forward masthead light(s)
and aft masthead light(s).
The DAJAG (Admiralty and Maritime
Law) further finds and certifies that
these navigational lights are in closest
possible compliance with the applicable
provision of the 72 COLREGS.
Authority: 33 U.S.C. 1605(c), E.O. 11964.
Approved: April 19, 2021.
K.R. Callan,
Commander, Judge Advocate General’s Corps,
U. S. Navy, Federal Register Liaison Officer.
[FR Doc. 2021–08351 Filed 4–21–21; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF DEFENSE
Department of the Navy
Certificate of Alternate Compliance for
USS LYNDON B. JOHNSON (DDG–
1002)
AGENCY
: Department of the Navy, DoD.
ACTION
: Notice of Issuance of Certificate
of Alternate Compliance.
SUMMARY
: The U.S. Navy hereby
announces that a Certificate of Alternate
Compliance has been issued for USS
LYNDON B. JOHNSON (DDG–1002).
Due to the special construction and
purpose of this vessel, the Deputy
Assistant Judge Advocate General
(DAJAG)(Admiralty and Maritime Law)
has determined it is a vessel of the Navy
which, due to its special construction
and purpose, cannot comply fully with
the navigation lights provisions of the
International Regulations for Preventing
Collisions at Sea, 1972 (72 COLREGS)
without interfering with its special
function as a naval ship. The intended
effect of this notice is to warn mariners
in waters where 72 COLREGS apply.
DATES
: This Certificate of Alternate
Compliance is effective April 22, 2021
and is applicable beginning April 16,
2021.
FOR FURTHER INFORMATION CONTACT
:
Lieutenant Commander Darren E.
Myers, JAGC, U.S. Navy, Admiralty
Attorney, Office of the Judge Advocate
General, Admiralty and Maritime Law
Division (Code 11), 1322 Patterson Ave.
SE, Suite 3000, Washington Navy Yard,
DC 20374–5066, 202–685–5040, or
admiralty@navy.mil.
SUPPLEMENTARY INFORMATION
:
Background and Purpose
Executive Order 11964 of January 19,
1977 and 33 U.S.C. 1605 provide that
the requirements of the International
Regulations for Preventing Collisions at
Sea, 1972 (72 COLREGS), as to the
number, position, range, or arc of
visibility of lights or shapes, as well as
to the disposition and characteristics of
sound-signaling appliances, shall not
apply to a vessel or class of vessels of
the Navy where the Secretary of the
Navy shall find and certify that, by
reason of special construction or
purpose, it is not possible for such
vessel(s) to comply fully with the
provisions without interfering with the
special function of the vessel(s). Notice
of issuance of a Certificate of Alternate
Compliance must be made in the
Federal Register.
In accordance with 33 U.S.C. 1605,
the DAJAG (Admiralty and Maritime
Law), under authority delegated by the
Secretary of the Navy, hereby finds and
certifies that USS LYNDON B.
JOHNSON (DDG–1002) is a vessel of
special construction or purpose, and
that, with respect to the position of the
following navigational lights, it is not
possible to comply fully with the
requirements of the provisions
enumerated in the 72 COLREGS without
interfering with the special function of
the vessel:
Annex I, paragraph 3(a), pertaining to
the horizontal separation distance
between the masthead lights; Annex I,
paragraph 2(a)(i), pertaining to the
height of the masthead light above the
main deck; Annex I, paragraph 2(k)
pertaining to the vertical separation and
height above deck of the anchor lights;
Annex I, paragraph 2(g), pertaining to
the vertical position of the sidelights;
Annex I, paragraph 3(c), pertaining to
the horizontal spacing of the task lights;
Annex I, paragraph 2(i)(iii), pertaining
to the vertical positioning and spacing
of the task lights.
The DAJAG (Admiralty and Maritime
Law) further finds and certifies that
these navigational lights are in closest
possible compliance with the applicable
provision of the 72 COLREGS.
Authority: 33 U.S.C. 1605(c), E.O. 11964.
Approved: April 19, 2021.
K.R. Callan,
Commander, Judge Advocate General’s Corps,
U. S. Navy, Federal Register Liaison Officer.
[FR Doc. 2021–08357 Filed 4–21–21; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF ENERGY
Revocation of Prohibition Order
Securing Critical Defense Facilities
AGENCY
: Office of Electricity,
Department of Energy.
ACTION
: Revocation of prohibition order.
SUMMARY
: The U.S. Department of
Energy (DOE or Department) gives
notice that the Prohibition Order
Securing Critical Defense Facilities,
dated December 17, 2020 (December
2020 Prohibition Order), is revoked.
DATES
: The effective date of the
revocation of the December 2020
Prohibition Order is April 20, 2021.
FOR FURTHER INFORMATION CONTACT
:
Patricia A. Hoffman, Acting Assistant
Secretary, Office of Electricity, U.S.
Department of Energy, Mailstop OE–20,
Room 8G–042, 1000 Independence
Avenue SW, Washington, DC 20585;
(202) 586–1411, or electricsystemEO@
hq.doe.gov.
SUPPLEMENTARY INFORMATION
: The
Nation’s energy infrastructure supports
our national defense, critical
infrastructure, economy, and way of life.
Adversarial nation-state actors are
targeting our critical infrastructure, with
increasing focus on the energy sector.
The Department is engaged in
partnership with the electricity
subsector and other Federal agencies, in
a comprehensive set of actions to
strengthen supply chain risk
management and recognizes the threat
our foreign adversaries pose to our
critical infrastructure.
In order to build on the work the
Department has already completed in
securing the electric system, the
Department is developing
recommendations to strengthen
requirements and capabilities for supply
chain risk management practices by the
Nation’s electric utilities. These
recommendations are intended to
enable an approach that builds on,
clarifies, and, where appropriate,
modifies prior executive and agency
actions.
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21309
Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
1
Executive Order 13920, Securing the United
States Bulk-Power System: Request for Information,
85 FR 26595 (May 4, 2020).
2
Id. at 26595–26596.
3
Prohibition Order Securing Critical Defense
Facilities, 86 FR 533 (Jan. 6, 2021).
4
The December 2020 Prohibition Order defined
‘‘Responsible Utility’’ as ‘‘an electric utility that
owns or operates Defense Critical Electric
Infrastructure (DCEI), as defined by section
215A(a)(4) of the Federal Power Act (FPA), that
actively serves a CDF, as designated by the
Secretary under section 215A(c) of the FPA.’’ Id. at
534.
5
Id.
6
Id.
7
Executive Order 13990, Protecting Public Health
and the Environment and Restoring Science to
Tackle the Climate Crisis, §7(c), 86 FR 7037, 7042
(Jan. 25, 2021).
Executive Order 13920, Securing the
United States Bulk-Power System, (E.O.
13920),
1
issued on May 1, 2020,
declared an emergency that authorized
the Secretary of Energy (Secretary) to,
among other actions, prohibit the
acquisition, transfer, or installation of
certain BPS electric equipment sourced
from foreign adversary countries for one
year.
2
On December 17, 2020, the
Secretary issued the December 2020
Prohibition Order, which took effect
January 16, 2021, invoking the authority
of E.O. 13920.
3
Pursuant to the
December 2020 Prohibition Order, a
limited number of utilities
4
were
prohibited from acquiring, importing,
transferring, or installing certain BPS
electric equipment.
5
That order targeted
select equipment manufactured or
supplied by persons owned by,
controlled by, or subject to the
jurisdiction or direction of the People’s
Republic of China.
6
On January 20, 2021, Executive Order
13990, Protecting Public Health and the
Environment and Restoring Science to
Tackle the Climate Crisis (E.O. 13990),
was issued, which suspended E.O.
13920 for 90 days and directed the
Secretary of Energy and the Director of
the Office of Management and Budget
jointly to ‘‘consider whether to
recommend that a replacement order be
issued.’’
7
As the December 2020
Prohibition Order is predicated on the
authorities delegated to DOE by E.O.
13920, the December 2020 Prohibition
Order was also suspended during the
same time period.
The Department is revoking the
December 2020 Prohibition Order
effective April 20, 2021, in order to
create a stable policy environment
before the emergency declaration made
by E.O. 13920 expires on May 1, 2021,
and while the Department conducts a
Request for Information to develop a
strengthened and administrable strategy
to address the security of the U.S.
energy sector.
Signing Authority
This document of the Department of
Energy was signed on April 19, 2021, by
Jennifer Granholm, Secretary of Energy.
That document with the original
signature and date is maintained by
DOE. For administrative purposes only,
and in compliance with requirements of
the Office of the Federal Register, the
undersigned DOE Federal Register
Liaison Officer has been authorized to
sign and submit the document in
electronic format for publication, as an
official document of the Department of
Energy. This administrative process in
no way alters the legal effect of this
document upon publication in the
Federal Register.
Signed in Washington, DC, on April 20,
2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2021–08483 Filed 4–21–21; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Notice of Request for Information (RFI)
on Ensuring the Continued Security of
the United States Critical Electric
Infrastructure
AGENCY
: Office of Electricity,
Department of Energy (DOE).
ACTION
: Request for information.
SUMMARY
: The United States
Government recognizes the immediate
imperative to secure our electric
infrastructure. The electric power
system is vital to the Nation’s energy
security, supporting national defense,
emergency services, critical
infrastructure, and the economy.
Preventing exploitation and attacks by
foreign threats to the U.S. supply chain
is the focus of this Request for
Information (RFI). On January 20, 2021,
Executive Order, Protecting Public
Health and the Environment and
Restoring Science to Tackle the Climate
Crisis, suspended Executive Order,
Securing the United States Bulk-Power
System, for 90 days and directed the
Secretary of Energy and the Director of
the Office of Management and Budget
(OMB) to consider whether to
recommend that a replacement order be
issued. In the process of developing
such recommendations, the Department
of Energy (DOE or the Department)
identified opportunities to
institutionalize change, increase
awareness, and strengthen protections
against high-risk electric equipment
transactions by foreign adversaries,
while providing additional certainty to
the utility industry and the public. As
the United States Government considers
whether to recommend a replacement
Executive Order that appropriately
balances national security, economic,
and administrability considerations, the
Department is seeking information from
electric utilities, academia, research
laboratories, government agencies, and
other stakeholders on various aspects of
the electric infrastructure.
DATES
: Comments must be received on
or before June 7, 2021. If you anticipate
difficulty in submitting comments
within that period, contact the person
listed in
FOR FURTHER INFORMATION
CONTACT
as soon as possible.
ADDRESSES
: Interested persons are
encouraged to submit written comments
to ElectricSystemEO@hq.doe.gov. All
comments will be posted and available
to the public www.energy.gov/oe/
securing-critical-electric-infrastructure.
Written comments may also be
delivered by conventional mail to
Michael Coe, Director, Energy
Resilience Division of the Office of
Electricity, U.S. Department of Energy,
Mailstop OE–20, Room 8H–033, 1000
Independence Avenue SW, Washington,
DC 20585. In light of the national
emergency concerning the coronavirus
disease 2019 (COVID–19) pandemic and
personnel limitations, commenters are
encouraged to submit comments
electronically. Commenters are further
cautioned that all conventional mail to
the Department is subject to an
automatic security screening process
that may take several weeks and
sometimes renders mailed material
illegible.
FOR FURTHER INFORMATION CONTACT
:
Michael Coe, Director, Energy
Resilience Division of the Office of
Electricity, U.S. Department of Energy,
Mailstop OE–20, Room 8G–042, 1000
Independence Avenue SW, Washington,
DC 20585; (202) 287–5166; or
ElectricSystemEO@hq.doe.gov.
SUPPLEMENTARY INFORMATION
:
Table of Contents
I. Introduction
A. Background
II. Request for Information
A. Development of a Long-Term Strategy
B. Prohibition Authority
III. Submission of Comments
I. Introduction
A. Background
The Nation’s energy infrastructure is
fundamental to national security, the
continuity of our economy, and our way
of life. Adversarial nation-state actors
are targeting our critical infrastructure,
with increasing focus on the energy
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