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Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Proposed Rules maintenance, surveillance, and other labor costs.
1 A public utility that receives incentive-based rate treatment under the Critical Infrastructure Protection Incentive Approach must also describe in its informational filings implementation of the enhanced security controls, as applicable, in all the topics covered by the Critical Infrastructure Protection Reliability Standards. For the first informational filing, the public utility must provide documentation to demonstrate voluntary application of identified Critical Infrastructure Protection Reliability Standards to facilities that are not currently subject to those requirements. For subsequent annual informational filings, the public utility must provide an updated version of the supporting documentation showing any changes from the prior informational filing as well as information on any period of time during the reported year where the public utility ceased to voluntarily apply identified Critical Infrastructure Protection Reliability Standards to facilities that are not currently subject to those requirements.
2 A public utility that receives incentive-based rate treatments under the National Institute of Standards and Technology Framework Approach must also include information that demonstrates:
i The acquisition and installation of required network components, including confirmation that funds have been expended on the necessary equipment through documentation such as purchase orders, receipts, licensing agreements, and installation documentation with specified time periods;
ii Attainment of necessary training and personnel, including documentation such as third-party contractor agreements, training program curricula, and official job descriptions;
iii Network and sensor node recognition optimization through such items as configuration files, system logs, configuration settings, and a description of its location on the affected network;
iv Incorporation of sensor nodes in the enterprise level incident monitoring and response plan including attesting that the information would be included in operational activities such as incident response plans, playbooks, and Standard Operating Procedures.

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DEPARTMENT OF ENERGY

DEPARTMENT OF LABOR

Federal Energy Regulatory Commission
Office of the Secretary
8325

Cybersecurity Incentives DANLY, Chairman, and GLICK, Commissioner, concurring:
1. Threats to the cybersecurity of the bulk power system are numerous and growing. Ensuring that the system is adequately protected against those threats is an issue of national importance and one that must remain a priority of this Commission.
Accordingly, we support this notice of proposed rulemaking NOPR as a means for soliciting further comments on whether this particular incentivesbased approach is a just and reasonable and not unduly discriminatory or preferential approach to improving public utilities cybersecurity posture.
2. We write separately to highlight two general issues that we believe require additional attention. The first issue is whether the Commission can better address cybersecurity threats by directing NERC to expand its critical infrastructure protection CIP standards to require some or all of the investments contemplated in this NOPR. Although we appreciate the appeal of an incentives-based approach, the importance of cybersecurity demands us to at least consider whether we should mandate the best practices contemplated in this NOPR rather than simply trying to induce public utilities to adopt them.
3. The second issue goes to the heart of what the NOPR intends to achieve whether public utilities are not adopting the contemplated measures because the existing financial incentives are insufficient. We encourage commenters to address whetherand, if so, why additional measures, such as an elevated ROE or deferred cost recovery, are necessary to incentivize public utilities to adopt additional cybersecurity measures.
For these reasons, we respectfully concur.
James P. Danly, Chairman.
Richard Glick, Commissioner.
FR Doc. 202101986 Filed 2421; 8:45 am BILLING CODE 671701P

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29 CFR Part 10
Wage and Hour Division 29 CFR Parts 516, 531, 578, 579, and 580
RIN 1235AA21

Tip Regulations Under the Fair Labor Standards Act FLSA: Delay of Effective Date Wage and Hour Division, Department of Labor.
ACTION: Proposed delay of effective date.
AGENCY:

In accordance with the Presidential directive as expressed in the memorandum of January 20, 2021
from the Assistant to the President and Chief of Staff, entitled Regulatory Freeze Pending Review, this action proposes to delay until April 30, 2021
the effective date of the rule entitled Tip Regulations Under the Fair Labor Standards Act Tip Rule, published in the Federal Register on December 30, 2020. The rules current effective date is March 1, 2021. WHD seeks comments on this proposed delay, which would allow the Wage and Hour Division additional opportunity for review and consideration of the new rule.
DATES: Submit written comments on or before February 17, 2021.
ADDRESSES: You may submit comments, identified by Regulatory Information Number RIN 1235AA21, by either of the following methods: Electronic Comments: Submit comments through the Federal eRulemaking Portal at http www.regulations.gov. Follow the instructions for submitting comments.
Mail: Address written submissions to Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S
3502, 200 Constitution Avenue NW, Washington, DC 20210. Instructions:
Please submit only one copy of your comments by only one method.
Commenters submitting file attachments on www.regulations.gov are advised that uploading text-recognized documents i.e., documents in a native file format or documents which have undergone optical character recognition OCR
enable staff at the Department to more easily search and retrieve specific content included in your comment for consideration. Anyone who submits a comment including duplicate comments should understand and expect that the comment will become a SUMMARY:

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