TSA Sends Surface Cybersecurity NPRM to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking from the TSA on “Surface Transportation Cybersecurity Measures”. The rulemaking would establish regulations codifying recent TSA security directives for pipelines and other select surface transportation modes.

According to the Abstract for this rulemaking in the 2022 Spring Unified Agenda:

“On July 28, 2021, the President issued the National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems.  In response to the ongoing threat to pipeline systems, TSA used its authority under 49 U.S.C. 114 to issue emergency security directives to owners and operators of TSA-designated critical pipelines that transport hazardous liquids and natural gas to implement a number of urgently needed protections against cyber intrusions.  TSA also issued security directives in the freight, passenger, and transit-rail sectors under the same statutory authority.  TSA is committed to enhancing and sustaining industry’s resilience to cybersecurity attacks.  TSA intends to issue a rulemaking that will permanently codify critical cybersecurity requirements for pipeline and certain other surface modes.”