[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 72988-72990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27886]
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DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
Intent To Request an Extension From OMB of One Current Public
Collection of Information: Cybersecurity Measures for Surface Modes
AGENCY: Transportation Security Administration, DHS.
ACTION: 60-Day notice.
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SUMMARY: The Transportation Security Administration (TSA) invites
public comment on one currently-approved Information Collection Request
(ICR), Office of Management and Budget (OMB) control number 1652-0074,
abstracted below, that we will submit to OMB for an extension in
compliance with the Paperwork Reduction Act (PRA). On November 30,
2021, OMB approved TSA's request for an emergency approval of this
collection to address the ongoing cybersecurity threat to surface
transportation and associated infrastructure. TSA is now seeking to
renew the collection, which expires on May 31, 2022, with incorporation
of the subject of the emergency request. The ICR describes the nature
of the information collection and its expected burden. The collection
allows TSA to address the ongoing cybersecurity threat using a risk-
based approach to transportation security.
DATES: Send your comments by February 22, 2022.
ADDRESSES: Comments may be emailed to [email protected] or delivered
to the TSA PRA Officer, Information Technology (IT), TSA-11,
Transportation Security Administration, 6595 Springfield Center Drive,
Springfield, VA 20598-6011.
FOR FURTHER INFORMATION CONTACT: Christina A. Walsh at the above
address, or by telephone (571) 227-2062.
SUPPLEMENTARY INFORMATION:
Comments Invited
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), an agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a valid OMB control number. The ICR documentation will be
available at http://www.reginfo.gov upon its submission to OMB.
Therefore, in preparation for OMB review and approval of the following
information collection, TSA is soliciting comments to--
(1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
Information Collection Requirement
OMB Control Number 1652-0074; Cybersecurity Measures for Surface
Modes. Under the Aviation and Transportation Security Act \1\ and
delegated authority from the Secretary of Homeland Security, TSA has
broad responsibility and authority for ``security in all modes of
transportation . . . including security responsibilities . . . over
modes of transportation that are exercised by the Department of
[[Page 72989]]
Transportation.'' \2\ TSA is specifically empowered to assess threats
to transportation; \3\ develop policies, strategies, and plans for
dealing with threats to transportation; \4\ oversee the implementation
and adequacy of security measures at transportation facilities; \5\ and
carry out other appropriate duties relating to transportation
security.\6\
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\1\ Public Law 107-71 (115 Stat. 597; Nov. 19, 2001), codified
at 49 U.S.C. 114.
\2\ See 49 U.S.C. 114(d). The TSA Administrator's current
authorities under the Aviation and Transportation Security Act have
been delegated to him by the Secretary of Homeland Security. Section
403(2) of the Homeland Security Act (HSA) of 2002, Public Law 107-
296 (116 Stat. 2135, Nov. 25, 2002), transferred all functions of
TSA, including those of the Secretary of Transportation and the
Under Secretary of Transportation of Security related to TSA, to the
Secretary of Homeland Security. Pursuant to DHS Delegation Number
7060.2, the Secretary delegated to the Administrator of TSA, subject
to the Secretary's guidance and control, the authority vested in the
Secretary with respect to TSA, including that in section 403(2) of
the HSA.
\3\ 49 U.S.C. 114(f)(2).
\4\ 49 U.S.C. 114(f)(3).
\5\ 49 U.S.C. 114(f)(11).
\6\ 49 U.S.C. 114(f)(15).
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On November 30, 2021, OMB approved TSA's request for an emergency
approval of this information collection that covers both mandatory
reporting and voluntary reporting of information. The OMB approval
allowed for the institution of mandatory reporting requirements and
collection of information voluntarily submitted. See ICR Reference
Number: 202111-1652-003. TSA is now seeking renewal of this information
collection for the maximum three-year approval period.
The request for a new collection was necessary as a result of
actions TSA took to address the ongoing and escalating cybersecurity
threat to surface transportation and associated infrastructure. On
December 2, 2021, TSA issued Security Directive (SD) 1580-2021-01 or
SD1582-2021-02 mandating TSA-specified owner/operators of ``higher
risk'' railroads and rail transit systems, respectively, to implement
an array of cybersecurity measures to prevent disruption and
degradation to their infrastructure.\7\ The scope of these SDs align
with the railroads and rail transit systems required to report
significant security incidents to TSA under 49 CFR 1570.203.
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\7\ Companies and agencies that are identified as higher-risk
service the regions with the highest surface transportation-specific
risk. Risk ranking is based on considerations related to ridership,
location of services provided (use of the same stations and stops),
and relationship between feeder and primary systems. See https://www.tsa.gov/sites/default/files/guidance-docs/high_threat_urban_area_htua_group_designations_0.pdf.
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On that same date, TSA also issued an ``information circular''
(IC), which contains non-binding recommendations with the same measures
for railroad owner/operators, public transportation agencies, rail
transit system owner/operators, and certain over-the-road bus owner/
operators not specifically covered under SDs 1580-2021-01 or 1582-2021-
02. The requirements in the SDs and the recommendations in the IC allow
TSA to execute its security responsibilities within the surface
transportation industry, through awareness of potential security
incidents and suspicious activities. The SDs require, and the IC
recommends, the following security measures:
1. Designate a Cybersecurity Coordinator who is available to TSA
24/7 to coordinate cybersecurity practices and address any incidents
that arise;
2. Report cybersecurity incidents to the Cybersecurity and
Infrastructure Security Agency (CISA);
3. Develop a cybersecurity incident response plan; and
4. Complete a cybersecurity vulnerability assessment to address
cybersecurity gaps using the form provided by TSA.
TSA, in conjunction with federal partners such as CISA, will use
the reports of cybersecurity incidents to evaluate and respond to
imminent and evolving cybersecurity incidents and threats as they
occur, and as a basis for creating new cybersecurity policy moving
forward. This monitoring will allow TSA and federal partners to take
action to contain threats, take mitigating action, and issue timely
warnings to similarly-situated entities against further spread of the
threat. TSA and its federal partners will also use the information to
inform timely modifications to cybersecurity requirements to improve
transportation security and national economic security. TSA will use
the collection of information to ensure compliance with TSA's
cybersecurity measures required by the SDs and the recommendations
under the IC.
Table 1 provides more detail on the measures included in the SDs
and IC.
Table 1--Summary of Security Measures in the Security Directive and
Information Circular
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Title Security measure
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Designate a Cybersecurity Owner/Operators are required or
Coordinator. recommended, as applicable, to appoint a
U.S. Citizen Cybersecurity Primary and
Alternate Coordinator who must or
should, as applicable, submit contact
information. The Cybersecurity
Coordinator serves as the primary
contact for cyber-related intelligence
information and cybersecurity-related
activities and communications with TSA
and CISA; must/should be accessible to
TSA and CISA 24 hours a day, seven days
a week; must/should coordinate cyber and
related security practices and
procedures internally; and must/should
work with appropriate law enforcement
and emergency response agencies.
Cybersecurity Incident Owner/Operators Cybersecurity
Reporting. Coordinators are required or
recommended, as applicable, to report
actual and potential cybersecurity
incidents to CISA within 24 hours of
identification of a cybersecurity
incident. The information provided to
CISA pursuant to the SD is shared with
TSA and may also be shared with the
National Response Center and other
agencies as appropriate. Conversely,
information provided to TSA pursuant to
this directive is shared with CISA and
may also be shared with the National
Response Center and other agencies as
appropriate. Cybersecurity incident
reports are submitted using the CISA
Reporting System form at: https://us-cert.cisa.gov/forms/report. Incident
reports can also be reported by calling
(888) 282-0870. CISA has an approved
information collection for cybersecurity
incident reporting. See OMB control
number 1670-0037.
Cybersecurity Incident Owner/Operators are required or
Response Plan. recommended, as applicable, to develop
and adopt a Cybersecurity Incident
Response Plan to reduce the risk of
operational disruption should their
Information Technology and/or
Operational Technology systems be
affected by a cybersecurity incident.
Owner/operators must provide or are
recommended to provide, as applicable,
evidence of compliance to TSA upon
request.
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Cybersecurity Vulnerability Owner/Operators are required or
Assessment. recommended, as applicable, to assess
their current cybersecurity posture
consistent with the functions and
categories found in the National
Institute of Standards and Technology
Cybersecurity Guidance Framework. The
assessment and identification of
cybersecurity gaps must or should, as
applicable, be completed using a using a
form provided by TSA. As part of this
assessment, the owners and operators
must/may identify remediation measures
to address the vulnerabilities and
cybersecurity gaps identified during the
assessment and a plan for implementing
the identified measures if necessary,
and report the results to TSA.
TSA will use the results of the
assessments to make a global assessment
of the cyber risk posture of the
industry and possibly impose additional
security measures as appropriate or
necessary. TSA may also use the
information, with company-specific data
redacted, for TSA's intelligence-derived
reports. TSA and CISA may also use
information submitted for vulnerability
identification, trend analysis, or to
generate anonymized indicators of
compromise or other cybersecurity
products to prevent other cybersecurity
incidents. All reported information will
be protected in a manner appropriate for
the sensitivity and criticality of the
information.
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Certification of Completion of SD Requirements
The SDs and IC took effect on December 31, 2021. Within 7 days of
the effective date of the SDs, owner/operators must provide their
designated Cybersecurity Coordinator information; within 90 days of the
effective date of the SDs owner/operators must complete the
Vulnerability Assessment (TSA form); within 180 days of the effective
date of the SDs, owner/operators must adopt a Cybersecurity Incident
Response Plan; within 7 days of completing the Cybersecurity Incident
Response Plan requirement, owner/operators must submit a statement to
TSA via email certifying that the owner/operator has completed this
requirement of the SD. Owner/Operators can complete and submit the
required information via email or other electronic options provided by
TSA. Documentation of compliance must be provided upon request. As the
measures in the IC are voluntary, the IC does not require owner/
operators to report on their compliance.
Portions of the responses that are deemed Sensitive Security
Information (SSI) are protected in accordance with procedures meeting
the transmission, handling, and storage requirements of SSI set forth
in 49 CFR part 15 and 1520.
TSA estimates this collection applies to 457 railroad owner/
operators, 115 public transportation agencies and rail transit system
owner/operators, and 209 over-the-road bus owner/operators, for a total
of 781 respondents. TSA estimates the total hour burden for this
collection to be 96,163 hours.
Dated: December 20, 2021.
Christina A. Walsh,
TSA Paperwork Reduction Act Officer, Information Technology.
[FR Doc. 2021-27886 Filed 12-22-21; 8:45 am]
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