[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Proposed Rules]
[Pages 78911-78912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27917]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Chapter XII

[Docket No. TSA-2022-0001]
RIN 1652-AA74


Enhancing Surface Cyber Risk Management

AGENCY: Transportation Security Administration, DHS.

ACTION: Extension of comment period.

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SUMMARY: On November 30, 2022, the Transportation Security 
Administration (TSA) published an advance notice of proposed rulemaking 
(ANPRM) seeking input regarding ways to strengthen cybersecurity and 
resiliency in the pipeline and rail (including freight, passenger, and 
transit rail) sectors. The ANPRM solicited comment on specific 
questions, which would assist TSA in better understanding how the 
pipeline and rail sectors implement cyber risk management in their 
operations, support TSA in achieving objectives related to the 
enhancement of pipeline and rail cybersecurity, and help TSA develop a 
comprehensive and forward-looking approach to cybersecurity 
requirements. Through this document, TSA is extending the comment 
period by 15 calendar days to provide additional time for the public to 
provide comments.

DATES: The comment period for the ANPRM published at 87 FR 73527 
(November 30, 2022) is extended by 15 calendar days, from January 17, 
2023, to February 1, 2023.

ADDRESSES: You may submit comments, identified by the TSA docket number 
to this rulemaking, to the Federal Docket Management System (FDMS), a 
government-wide, electronic docket management system. To avoid 
duplication, please use only one of the following methods:
     Electronic Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility (M-30), U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001. The Department of 
Transportation (DOT), which maintains and processes TSA's official 
regulatory dockets, will scan the submission and post it to FDMS. 
Comments must be postmarked by the date indicated above.
     Fax: (202) 493-2251.
    See the SUPPLEMENTARY INFORMATION section for format and other 
information about comment submissions.

FOR FURTHER INFORMATION CONTACT: For program questions: Victor Parker, 
Surface Division, Policy, Plans, and Engagement, TSA-28, Transportation 
Security Administration, 6595 Springfield Center Drive, Springfield, VA 
20598-6002; telephone (571) 227-1039; email: [email protected]. 
For legal questions: David Kasminoff (TSA, Senior Counsel, Regulations 
and Security Standards) at telephone (571) 227-3583, or email to 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    TSA invites interested persons to participate in this ANPRM by 
submitting written comments, including relevant data. We also invite 
comments relating to the economic, environmental, energy, or federalism 
impacts that might result from a rulemaking action. See ADDRESSES 
section above for information on where to submit comments.
    With each comment, please identify the docket number at the 
beginning of your comments. You may submit comments and material 
electronically, in person, by mail, or fax as provided under ADDRESSES, 
but please submit your comments and material by only one means. If you 
submit comments by mail or in person, submit them in an unbound format, 
no larger than 8.5 by 11 inches, suitable for copying and electronic 
filing.
    If you would like TSA to acknowledge receipt of comments submitted 
by mail, include with your comments a self-addressed, stamped postcard 
on which the docket number appears. TSA will

[[Page 78912]]

stamp the date on the postcard and mail it to you.
    All comments, except those that include confidential or sensitive 
security information (SSI) \1\ will be posted to https://www.regulations.gov, and will include any personal information you have 
provided. Should you wish your personally identifiable information 
redacted prior to filing in the docket, please clearly indicate this 
request in your submission to TSA. TSA will consider all comments that 
are in the docket on or before the closing date for comments and will 
consider comments filed late to the extent practicable. The docket is 
available for public inspection before and after the comment closing 
date.
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    \1\ ``Sensitive Security Information'' or ``SSI'' is information 
obtained or developed in the conduct of security activities, the 
disclosure of which would constitute an unwarranted invasion of 
privacy, reveal trade secrets or privileged or confidential 
information, or be detrimental to the security of transportation. 
The protection of SSI is governed by 49 CFR part 1520.
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Handling of Certain Sensitive Information Submitted in Public Comments

    Do not submit comments that include trade secrets, confidential 
commercial or financial information, SSI, or protected critical 
infrastructure information to the public regulatory docket. Comments 
containing this type of information should be submitted separately from 
other comments, appropriately marked as containing such information, 
and submitted by mail to the address listed in FOR FURTHER INFORMATION 
CONTACT section. TSA will take the following actions for all 
submissions containing SSI:
     TSA will not place comments containing SSI in the public 
docket and will handle them in accordance with applicable safeguards 
and restrictions on access.
     TSA will hold documents containing SSI, confidential 
business information, or trade secrets in a separate file to which the 
public does not have access, and place a note in the public docket 
explaining that commenters have submitted such documents.
     TSA may include a redacted version of the comment in the 
public docket.
     TSA will treat requests to examine or copy information 
that is not in the public docket as any other request under the Freedom 
of Information Act (5 U.S.C. 552) and the Department of Homeland 
Security (DHS) Freedom of Information Act regulation found in 6 CFR 
part 5.

Reviewing Comments in the Docket

    Please be aware that anyone is able to search the electronic form 
of all comments in any of our dockets by the name of the individual, 
association, business entity, labor union, etc., who submitted the 
comment. For more about privacy and the docket, review the Privacy and 
Security Notice for the FDMS at https://www.regulations.gov/privacy-notice, as well as the System of Records Notice DOT/ALL 14--Federal 
Docket Management System (73 FR 3316, January 17, 2008) and the System 
of Records Notice DHS/ALL 044--eRulemaking (85 FR 14226, March 11, 
2020).
    You may review TSA's electronic public docket at http://www.regulations.gov. In addition, DOT's Docket Management Facility 
provides a physical facility, staff, equipment, and assistance to the 
public. To obtain assistance or to review comments in TSA's public 
docket, you may visit this facility between 9 a.m. and 5 p.m., Monday 
through Friday, excluding legal holidays, or call (202) 366-9826. This 
DOT facility is located in the West Building Ground Floor, Room W12-140 
at 1200 New Jersey Avenue SE, Washington, DC 20590.

Availability of Rulemaking Document

    You can find an electronic copy of rulemaking documents relevant to 
this action by searching the electronic FDMS web page at https://www.regulations.gov or at https://www.federalregister.gov.
    In addition, copies are available by writing or calling the 
individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to 
identify the docket number of this ANPRM.

Extension of Comment Period

    On November 30, 2022 (87 FR 73527), TSA published an ANPRM seeking 
comment on ways to strengthen cybersecurity and resiliency in the 
pipeline and rail (including freight, passenger, and transit rail) 
sectors. The ANPRM provides a 45-day comment period that would have 
closed on January 17, 2023. In a joint letter dated December 5, 2022, 
the American Gas Association, Interstate Natural Gas Association, 
American Fuel & Petrochemical Manufacturers, American Public Gas 
Association, American Petroleum Institute, Liquid Energy Pipeline 
Association, Association of American Railroads, and American Short Line 
and Regional Railroad Association requested an extension of the 
deadline for submitting comments on the ANPRM. See Docket No. TSA-2022-
0001-0002. In response to the requests by prospective commenters for 
additional time to adequately consider and respond to the ANPRM, TSA 
has determined that an extension of the comment period until February 
1, 2023 is appropriate.

    Dated: December 19, 2022.
Austin Gould,
Acting Executive Assistant Administrator, Operations Support.
[FR Doc. 2022-27917 Filed 12-22-22; 8:45 am]
BILLING CODE 9110-05-P