# Cybersecurity in the Marine Transportation System > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2025-00708 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** January 17, 2025 - **Citation:** 90 FR 6298 ## Text DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 101 and 160 [Docket No. USCG-2022-0802] RIN 1625-AC77 Cybersecurity in the Marine Transportation System AGENCY: Coast Guard, DHS. ACTION: Final rule; request for comments. SUMMARY: The Coast Guard is updating its maritime security regulations by establishing minimum cybersecurity requirements for U.S.-flagged vessels, Outer Continental Shelf facilities, and facilities subject to the Maritime Transportation Security Act of 2002 regulations. This final rule addresses current and emerging cybersecurity threats in the marine transportation system by adding minimum cybersecurity requirements to help detect risks and respond to and recover from cybersecurity incidents. These include requirements to develop and maintain a Cybersecurity Plan, designate a Cybersecurity Officer, and take various measures to maintain cybersecurity within the marine transportation system. The Coast Guard is also seeking comments on a potential delay for the implementation periods for U.S.-flagged vessels. DATES: This final rule is effective July 16, 2025. Comment period for solicited comments: Comments on a potential 2-to-5-year delay for the implementation periods for U.S.-flagged vessels in Section VII of this preamble must be submitted by March 18, 2025. ADDRESSES: Docket: To view documents mentioned in this preamble as being available in the docket, go to www.regulations.gov, type USCG-2022-0802 in the search box, and click “Search.” Next, in the Document Type column, select “Supporting & Related Material.” Comment period for solicited additional comments: You may submit comments on the implementation periods for U.S.-flagged vessels discussed in Section VII of this preamble via the electronic Federal Docket Management System. To do so, go to www.regulations.gov, type USCG-2022-0802 in the search box and click “Search.” Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If you cannot submit your material by using www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION CONTACT section of this final rule for alternate instructions. FOR FURTHER INFORMATION CONTACT: For information about this document, email MTSCyberRule@uscg.mil or call Commander Brandon Link, Office of Port and Facility Compliance, 202-372-1107; or Commander Christopher Rabalais, Office of Design and Engineering Standards, 202-372-1375. SUPPLEMENTARY INFORMATION: Table of Contents for Preamble I. Abbreviations II. Executive Summary III. Basis and Purpose A. Cybersecurity Threats B. Legislation, Regulations, and Policy C. Legal Authority IV. Background A. The Current State of Cybersecurity in the MTS B. Current MTSA Regulations Related to Cybersecurity V. Discussion of Comments and Changes VI. Discussion of the Final Rule VII. Request for Comment VIII. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment N. Congressional Review Act I. Abbreviations ABS American Bureau of Shipping The Act James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Pub. L. 117-263) AGCS Allianz Global Corporate and Specialty AIS Automatic Identification System AMSCs Area Maritime Security Committees ANPRM Advance notice of proposed rulemaking ASP Alternative Security Program BLS Bureau of Labor Statistics BSEE Bureau of Safety and Environmental Enforcement CEA Council of Economic Advisors CFR Code of Federal Regulations CGCSO Coast Guard Cyber Strategic Outlook CG-CVC Coast Guard Office of Commercial Vessel Compliance CGCYBER U.S. Coast Guard Cyber Command CG-ENG Coast Guard Office of Design and Engineering Standards CG-FAC Coast Guard Office of Port and Facility Compliance CIRC Cyber Incident Reporting Council CIRCIA Cyber Incident Reporting for Critical Infrastructure Act of 2022 CISA Cybersecurity and Infrastructure Security Agency CISO Chief Information Security Officer COTP Captain of the Port CPG Cybersecurity Performance Goal CRM Cyber risk management CSF Cybersecurity Framework CSO Company Security Officer CSRC Computer Security Resource Center CVC-WI Coast Guard's Office of Commercial Vessel Compliance's Work Instruction CySO Cybersecurity Officer DC3 Defense Cyber Crimes Center DCISE Defense Industrial Base Collaborative Information Sharing Environment DHS Department of Homeland Security DOC Document of Compliance DoD Department of Defense FBI Federal Bureau of Investigation FEMA Federal Emergency Management Agency FR Federal Register FRFA Final Regulatory Flexibility Analysis FSA Facility Security Assessment FSO Facility security officer FSP Facility security plan GPS Global Positioning System HMI Human-machine interface IACS International Association of Classification Societies ICR Information collection request IEc Industrial Economics, Incorporated IMO International Maritime Organization IP internet protocol INMARSAT International Maritime Satellite IRFA Initial Regulatory Flexibility Analysis ISM International Safety Management IT Information technology KEV Known exploited vulnerability LANTAREA Coast Guard Atlantic Area MARSEC Maritime Security MCAAG Maritime Cybersecurity Assessment and Annex Guide MISLE Marine Information for Safety and Law Enforcement MMC Merchant Mariner Credential MODU Mobile offshore drilling unit MSC Marine Safety Center MSC-FAL International Maritime Organization's Marine Safety Committee and Facilitation Committee MTS Marine transportation system MTSA Maritime Transportation Security Act of 2002 NAICS North American Industry Classification System NIST National Institute of Standards and Technology NMSAC National Maritime Security Advisory Committee NPRM Notice of proposed rulemaking NRC National Response Center NVIC Navigation and Vessel Inspection Circular OCMI Officer in Charge, Marine Inspection OCS Outer Continental Shelf OCSLA Outer Continental Shelf Lands Act of 1953 OEWS Occupational Employment and Wage Statistics OMB Office of Management and Budget OSV Offshore supply vessel OT Operational technology PACS Physical Access Control Systems PII Personally identifiable information PRC People's Republic of China PVA Passenger Vessel Association QCEW Quarterly Census of Employment and Wages RA Regulatory analysis RO Recognized Organization § Section SBA Small Business Administration SME Subject matter expert SMS Safety management system SOLAS the International Convention for Safety of Life at Sea, 1974 TSA Transportation Security Administration TSI Transportation security incident UR Unified Requirement U.S.C. United States Code VHF Very high frequency VSA Vessel Security Assessment VSO Vessel Security Officer VSP Vessel security plan II. Executive Summary The maritime industry faces increasing cybersecurity threats as it increasingly relies on cyber-connected systems. The purpose of this final rule is to safeguard the marine transportation system (MTS) against current and emerging threats associated with cybersecurity by adding minimum cybersecurity requirements to 33 CFR part 101 to help detect, respond to, and recover from cybersecurity risks that may cause transportation security incidents (TSIs). This final rule addresses risks from the increased interconnectivity and digitalization of the MTS and current and emerging cybersecurity threats to maritime security in the MTS with the additional minimum requirements specified below. First, this final rule requires that owners or operators of U.S.-flagged vessels, facilities, or Outer Continental Shelf (OCS) facilities required to have a security plan under 33 CFR parts 104, 105, and 106 to develop and maintain a Cybersecurity Plan and Cyber Incident Response Plan. The Cybersecurity Plan must include seven account security measures for owners or operators of a U.S.-flagged vessel, facility, or OCS facility: (1) enabling of automatic account lockout after repeated failed log in attempts on all password protected information technology (IT) systems; (2) changing default passwords (or implementing other compensating security controls if unfeasible) before using any IT or operational technology (OT) systems; (3) maintaining a minimum password strength on all IT and OT systems technically capable of password protection; (4) implementing multifactor authentication on password-protected IT and remotely accessible OT systems; (5) applying the principle of least privilege to administrator or otherwise privileged accounts on both IT and OT systems; (6) maintaining separate user credentials on critical IT and OT systems; and (7) removing or revoking user credentials when a user leaves the organization. The Cybersecurity Plan also must include four device security measure requirements: (1) develop and maintain a list of any hardware, firmware, and software approved by the owner or operator that may be installed on IT or OT systems; (2) ensure that applications running executable code are disabled by default on critical IT and OT systems; (3) maintain an accurate inventory of network-connected systems including those critical IT and OT systems; and (4) develop and document the network map and OT device configuration information. In addition, the Cybersecurity Plan must include two data security measure requirements: (1) ensure that logs are securely captured, stored, and protected and accessible only to privileged users, and (2) deploy effective encryption to maintain confidentiality of sensitive data and integrity of IT and OT traffic when technically feasible. Owners or operators of U.S.-flagged vessels, facilities, or OCS facilities must also prepare and document a Cyber Incident Response Plan that outlines instructions on how to respond to a cyber incident and identifies key roles, responsibilities, and decision-makers amongst personnel. Owners or operators must also designate a Cybersecurity Officer (CySO) who must ensure that U.S.-flagged vessel, facility, or OCS facility personnel implement the Cybersecurity Plan and the Cyber Incident Response Plan. The CySO must also ensure that the Cybersecurity Plan is up to date and undergoes an annual audit. The CySO must also arrange for cybersecurity inspections, ensure that personnel have adequate cybersecurity training, record and report cybersecurity incidents to the owner or operator, and take steps to mitigate them. With this final rule, the Coast Guard finalizes the requirements that were proposed in the notice of proposed rulemaking (NPRM), “Cybersecurity in the Marine Transportation System,” published on February 22, 2024. 1 We also respond to the public comments that we received to the NPRM and make several clarifications regarding the regulatory framework. The changes we make in this final rule as compared to the NPRM include the following: 1 89 FR 13404. Applicability • Revised the language in § 101.605 to clarify that these cyber regulations apply to the owners and operators of U.S.-flagged vessels, facilities, and OCS facilities required to have security plans under 33 CFR parts 104, 105, and 106. • Added text to § 101.660 to clarify that Alternative Security Program (ASP) provisions apply to cybersecurity compliance documentation. Definitions • Revised the definition of “backup” in § 101.615 to remove the phrase “in a secondary location” and the implication that backups must be stored “offsite.” • Amended the definition of “hazardous condition” in § 160.202 by incorporating the term “cyber incident.” • Revised the definition of “cybersecurity officer” in § 101.615 to clarify that the owner or operator must designate a CySO, but that they also may designate an alternate CySO to assist in the duties and responsibilities at all times, including at times when the CySO may be away from the U.S.-flagged vessel, facility, or OCS facility. Owner or Operator • Amended § 101.620(b)(7) to clarify that all entities not subject to 33 CFR 6.16-1 must report all reportable cyber incidents to the National Response Center (NRC) and amended § 101.650(g)(1) to clarify that all entities not subject to 33 CFR 6.16-1 report reportable cyber incidents to the NRC without delay. Cybersecurity Officer • Removed the term “major amendment” from §§ 101.625(d)(13) (as well as 101.630(e)(2)) to prevent ambiguity about which amendments require resubmission of the Cybersecurity Plan and for consistency with existing requirements in 33 CFR parts 104, 105, and 106. • Revised § 101.625(d)(10), regarding the CySO's responsibilities in reporting incidents, to refer to reportable cyber incidents, rather than breaches of security, suspicious activity that may result in TSIs. Breaches of security and suspicious activity reporting are already addressed under 33 CFR 101.305, whereas these regulations are meant to address the reporting of reportable cyber incidents as defined in this final rule. Cybersecurity Plan • Added references to OCS Facility Security Plans (FSPs) in § 101.630(a) to clarify that OCS FSPs follow the same requirements as Vessel Security Plans (VSPs) and FSPs. • Revised § 101.630(d) to remove the requirement to submit a letter certifying that the Cybersecurity Plan meets the regulatory requirements. • Revised § 101.630(e)(1)(ii) to clarify that the owner and operator will have at least 60 days to submit its proposed amendments, and to leave the timeframes for curing any deficiencies up to the local Captain of the Port (COTP) identifying them rather than requiring that entities cure any deficiencies within the 60-day period. • Revised § 101.630(e)(2) to add new paragraph (e)(2)(i) to note that nothing in that section should be construed as limiting the owner or operator of a U.S.-flagged vessel, facility, or OCS facility from the timely implementation of such additional security measures as necessary to address exigent security situations. • Revised § 101.655 to reflect that the Cybersecurity Plan must also be submitted to the Coast Guard for review and approval within 24 months of the effective date of this final rule, rather than during the second annual audit following the effective date. Drills and Exercises • Revised § 101.635(b)(1) to require two cybersecurity drills every 12 months instead of requiring at least one cybersecurity drill every 3 months and added “as required by 33 CFR 104.230, 105.220, or 106.225,” where appropriate. Definitions • Revised § 101.615 to add a definition for the term “logs” and revised § 101.650(c)(1) to refer to the term “logs” rather than “data logs,” consistent with guidance from the National Institute of Standards and Technology (NIST) and CISA's CPGs. • Revised § 101.615 to change the definition of Cybersecurity Plan and the reference to Plan submission in § 101.630(a) to clarify that separate submissions are acceptable. • Revised § 101.615 to change the definition of multifactor authentication from “a layered approach to securing data and applications where a system requires users to present a combination of two or more credentials to verify their identity for login” to “a layered approach to securing data and applications for a system that requires users to present more than one distinct authentication factor for successful authentication. Multifactor authentication can be performed using a multifactor authenticator or by a combination of authenticators that provide different factors. The three authentication factors are (1) something you know, (2) something you have, and (3) something you are.” Cybersecurity Measures • Revised § 101.650(a)(1) to remove the reference to OT systems and specified that the requirements in § 101.650(e)(1)(i) and (iv) are for critical IT and OT systems in accordance with the Cybersecurity Performance Goals (CPGs) of the Cybersecurity and Infrastructure Security Agency (CISA). • Revised § 101.650(b) to clarify that each owner or operator or designated CySO of a U.S.-flagged vessel, facility, or OCS facility must ensure the device security measures are in place, addressed in Section 6 of the Cybersecurity Plan, and made available to the Coast Guard upon request. • Revised § 101.650(c)(2) to specify that effective encryption must be deployed to maintain confidentiality of sensitive data and integrity of IT and OT traffic and to require that only sensitive data be encrypted. • Revised § 101.650(e)(1) to specify that owners and operators will need to conduct the cyber assessment within 24 months of the effective date of this final rule, which increases the timeframe from the originally required 12 months. • Revised § 101.650(e)(1)(i) to limit the identification of vulnerabilities to only “critical” OT and IT systems rather than all OT and IT systems and revised § 101.650(e)(iv) to remove “mitigate any unresolved vulnerabilities” and, instead, require that the owner or operator ensure patching or implementation of documented compensating controls for all known exploited vulnerabilities (KEVs) in critical IT or OT systems, without delay. • Revised § 101.650(e)(2) in this final rule to clarify that penetration testing must be completed in conjunction with renewing the Cybersecurity Plan and to specify that the CySO must submit a letter verifying that the test was conducted, as well as all vulnerabilities identified from the penetration testing. • Revised § 101.650(f)(2) to remove the references to “breaches” and “incidents” and replaced them with “reportable cyber incidents,” consistent with the decision to define “reportable cyber incident” and use that term in these regulations. The definition of “reportable cyber incident” being an incident that leads to, or, if still under investigation, can reasonably lead to substantial loss of confidentiality, integrity, or availability of a covered information system, network, or OT system; (2) disruption or significant adverse impact on the reporting entity's ability to engage in business operations or deliver goods or services including those that have a potential for significant impact on public health or safety or may cause serious injury or death; (3) disclosure or unauthorized access directly or indirectly of non-public personal information of a significant number of individuals; (4) other potential operational disruption to critical infrastructure systems or assets; or (5) incidents that otherwise may lead to a TSI as defined in 33 CFR 101.105. • Revised § 101.650(f)(2) to remove the references to “breaches” and “incidents” and replaced them with “reportable cyber incidents,” consistent with the decision to define “reportable cyber incident” and use that term in these regulations. The definition of “reportable cyber incident” being an incident that leads to, or, if still under investigation, can reasonably lead to substantial loss of confidentiality, integrity, or availability of a covered information system, network, or OT system; (2) disruption or significant adverse impact on the reporting entity's ability to engage in business operations or deliver goods or services including those that have a potential for significant impact on public health or safety or may cause serious injury or death; (3) disclosure or unauthorized access directly or indirectly of non-public personal information of a significant number of individuals; (4) other potential operational disruption to critical infrastructure systems or assets; or (5) incidents that otherwise may lead to a TSI as defined in 33 CFR 101.105. Noncompliance, Waivers, and Equivalents • Revised § 101.665 to clarify that an owner or operator, after completing the required Cybersecurity Assessment, may seek a waiver or an equivalence determination for the requirements in subpart F consistent with the waiver and equivalence provisions in 33 CFR parts 104, 105, and 106. A Cybersecurity Assessment is necessary so that an owner or operated can identify which requirements are unnecessary. These changes ensure consistency with other regulations for requesting waiver or equivalence. • Revised § 101.665 to specify that owners or operators must notify the Coast Guard when they must temporarily deviate from the requirements rather than when they are temporarily unable to meet the requirements. This revised text is more consistent with other regulations regarding temporary waiver. Compliance Dates Table 1 shows the phased implementation schedule for this final rule. Note that the rule's effective date will be July 16, 2025. In Section VII of this preamble, we are requesting public comment on a potential 2-to-5-year delay for the implementation periods for U.S.-flagged vessels. ER17JA25.006 The Coast Guard estimates that this final rule creates costs for industry and Government of approximately $1.2 billion total and $138.7 million annualized, discounted at 2 percent (2022 dollars). This increased estimate from the NPRM is primarily driven by increases to our estimates of costs related to cybersecurity drills, exercises, and penetration testing. Cost estimates are also increased due to updated affected population data. Benefits of this final rule include reduced risk and mitigation of cyber incidents to protect impacted entities and downstream economic participants, and improved protection of MTS business operations to build consumer trust and promote increased commerce in the U.S. economy. Additional benefits include improved minimum standards of cybersecurity to protect the MTS, which is vital to the U.S. economy and U.S. national security, and to avoid supply chain disruptions. III. Basis and Purpose A. Cybersecurity Threats The purpose of this final rule is to safeguard the MTS against current and emerging threats associated with cybersecurity by adding minimum cybersecurity requirements to 33 CFR part 101 to help detect, respond to, and recover from cybersecurity risks that may cause TSIs. This final rule addresses current and emerging cybersecurity threats to maritime security in the MTS. The maritime industry is undergoing a significant transformation that involves the increased use of cyber-connected systems. While these increasingly interconnected and networked systems improve commercial vessel and port facility operations, they also bring a new set of challenges affecting design, operations, safety, security, training, and the workforce. Every day, malicious actors (including, but not limited to, individuals, groups, and adversary nations posing a threat) attempt unauthorized access to control system devices or networks using various communication channels. An example of a successful attempt occurred in May 2021, when a Russian-based cybercriminal group, DarkSide, conducted a ransomware attack that forced a major pipeline company to go offline, resulting in a weeklong shutdown of 5,500 miles of petroleum pipelines on the East Coast of the United States. Cybersecurity threats require the maritime community to effectively manage constantly changing risks to create a safe cyber environment. This final rule creates a regulatory environment for cybersecurity in the maritime domain for U.S.-flagged vessels, facilities, and OCS facilities. Vulnerabilities in the operation of vital systems increase the risk of cyber-attacks. Unmitigated cyber-related risks to the maritime domain can compromise the critical infrastructure that people and companies depend on to fulfill their daily needs and that maintain the effective operation of the MTS. A 2018 report by the Council of Economic Advisors (CEA) stated that “[a] firm with weak cybersecurity imposes negative externalities on its customers, employees, and other firms, tied to it through partnerships and supply chain relations. In the presence of externalities, firms would rationally underinvest in cybersecurity relative to the socially optimal level. Therefore, it often falls to regulators to devise a series of penalties and incentives to increase the level of investment to the desired level.” 2 2 Economic Report of the President Together with the Annual Report of the Council of Economic Advisers 323-24 February 2018, https://www.govinfo.gov/content/pkg/ERP-2018/pdf/ERP-2018.pdf , accessed August 12, 2024. In the report, the CEA also emphasized that “[c]ontinued cooperation between the public and private sectors is the key to effectively managing cybersecurity risks. . . . The government is likewise important in incentivizing cyber protection—for example, by disseminating new cybersecurity standards, sharing best practices, conducting basic research on cybersecurity, protecting critical infrastructures, preparing future employees for the cybersecurity workforce, and enforcing the rule of law in cyberspace.” 3 3 Id. at 324-25. Furthermore, the CEA acknowledged that “[f]irms and private individuals are often outmatched by sophisticated cyber adversaries. Even large firms with substantial resources committed to cybersecurity may be helpless against attacks by sophisticated nation-states.” 4 As an example, the CEA stated, “firms that own critical infrastructure assets, such as parts of the nation's power grid, may generate pervasive negative spillover effects for the wider economy.” 5 4 Id. at 326 5 Id. Lastly, the CEA stated another problem that exists in the marketplace is, “firms' reluctance to share information on cyber threats and exposures,” which “impairs effective cybersecurity.” 6 The CEA further stated that “firms remain reluctant to increase their exposure to legal and public affairs risks. The lack of information on cyber-attacks and data breaches suffered by other firms may cause less sophisticated small firms to conclude that cybersecurity risk is not a pressing problem. . . . [T]he lack of data may be stymying the ability of law enforcement and other actors to respond quickly and effectively and may be slowing the development of the cyber insurance market.” 7 6 Id. 7 Id. This final rule applies to the owners and operators of U.S.-flagged vessels required to have a security plan under 33 CFR part 104 (Maritime Security: Vessels), facilities required to have a security plan under 33 CFR part 105 (Maritime Security: Facilities), and OCS facilities required to have a security plan under 33 CFR part 106 (Marine Security: Outer Continental Shelf (OCS) Facilities). B. Legislation, Regulations, and Policy In the Maritime Transportation Security Act of 2002 (MTSA), 8 Congress provided a framework for the Secretary of Homeland Security (“Secretary”), acting through the Coast Guard, 9 and maritime industry to identify, assess, and prevent TSIs in the MTS. MTSA vested the Secretary with authorities for broad security assessment, planning, prevention, and response activities to address TSIs, including the authority to require and set standards for FSPs, OCS FSPs, and VSPs, to review and approve such plans, and to conduct inspections and take enforcement actions. 10 The Coast Guard's implementing regulations address a range of considerations to prevent TSIs to the maximum extent practicable 11 and require, among other general and specific measures, security assessments and measures related to radio and telecommunication systems, including computer systems and networks. 12 8 Pub. L. 107-295, 116 Stat. 2064, November 25, 2002. 9 The Secretary delegated this authority to the Commandant of the Coast Guard via Department of Homeland Security (DHS) Delegation 00170.1(II)(97)(b), Revision No. 01.4. 10 See generally, for example, 46 U.S.C. 70103. 11 See 46 U.S.C. 70103(c)(1). 12 See, for example, 33 CFR 104.300(d)(11), 104.305(d)(2)(v), 105.300(d)(11), 105.305(c)(1)(v), 106.300(d)(11), 106.305(c)(1)(v) and (d)(2)(v). The Coast Guard has also issued additional guidance and policies to help regulated entities address potential cyber incidents in FSPs, OCS FSPs, and VSPs, 13 including a cybersecurity risk assessment model that was issued in January 2023, 14 and voluntary guidance issued to Area Maritime Security Committees (AMSCs) in July 2023. 15 Congress has repeatedly reaffirmed the MTSA framework, including through amendments passed in 2016, 16 2018, 17 and 2021. 18 In the 2018 amendments, Congress amended MTSA to specifically require VSPs, FSPs, and OCS FSPs to include provisions for detecting, responding to, and recovering from cybersecurity risks that may cause TSIs. 19 By doing so, Congress explicitly identified cybersecurity risk as an area of specific concern in the maritime domain that deserved focused governmental regulatory effort. These regulations fall squarely within the MTSA authorities that Congress expressly expanded to address cybersecurity risk. The regulatory amendments to 33 CFR part 101 reflect the Coast Guard's view on cybersecurity under MTSA, including, but not limited to, recent amendments to MTSA (such as 46 U.S.C. 70103). The amendments provide more detailed mandatory baseline requirements for U.S.-flagged vessels and facilities subject to MTSA. 13 One of the Coast Guard's guidance documents is the Navigation and Vessel Inspection Circular (NVIC) 01-20, Guidelines for Addressing Cyber Risks at Maritime Transportation Security Act Regulated Facilities (85 FR 16108). This NVIC outlined Coast Guard's view on requirements for FSPs and facility security, including cybersecurity. A similar understanding with regard to VSPs was expressed in the Coast Guard's Office of Commercial Vessel Compliance's (CG-CVC) Vessel CRM Work Instruction CVC-WI-027(3), Vessel Cyber Risk Management Work Instruction, October 11, 2023, https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CG-5PC/CG-CVC/CVC_MMS/CVC-WI-27(3)b.pdf, accessed January 6, 2025. 14 See Maritime Cybersecurity Assessment and Annex Guide (MCAAG) (January 2023), https://dco.uscg.mil/Portals/9/CG-FAC/Documents/Maritime%20Cyber%20Assessment%20%20Annex%20Guide%20(MCAAG)_released%2023JAN2023.pdf, accessed Aug. 12, 2024. The MCAAG was developed in coordination with the National Maritime Security Advisory Committee (NMSAC), AMSCs, and other maritime stakeholders. The guide serves as a resource for baseline Cybersecurity Assessments and Plan development and helps stakeholders address vulnerabilities that can lead to transportation security incidents. 15 NVIC 09-02, Change 6. 16 Pub. L. 114-120, 130 Stat. 27, February 8, 2016. 17 Pub. L. 115-254, 132 Stat. 3186, October 5, 2018. 18 Pub. L. 116-283, 134 Stat 4754, January 1, 2021. 19 See Pub. L. 115-254, sec. 1805(d)(2) (codified at 46 U.S.C. 70103(c)(3)(C)). In response to the growing national security threat from malicious cyber actions, presidential policy over the last three presidential administrations has advanced cybersecurity in the maritime domain. Executive Order 13636 of February 12, 2013 (Improving Critical Infrastructure Cybersecurity) recognized the Federal Government's role to secure our nation's critical infrastructure by working with the private sector—including owners and operators of U.S.-flagged vessels, facilities, and OCS facilities—to prepare for, prevent, mitigate, and respond to cybersecurity threats. 20 20 78 FR 11739, February 19, 2013. To defend against malicious cyber-related activities, Executive Order 13694 of April 1, 2015 (Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities) recognized malicious cyber-related activities as an “extraordinary threat to the national security, foreign policy, and economy of the United States,” warranting a national emergency. 21 The National Emergency with Respect to Significant Malicious Cyber-Enabled Activities was extended on March 26, 2024. 22 21 80 FR 18077, April 2, 2015. Executive Order 13694 was later amended by Executive Order 13757 (82 FR 1, January 3, 2017), which outlined additional measures the Federal Government must take to address the national emergency identified in Executive Order 13694. 22 89 FR 21427, March 27, 2024. Executive Order 14028 of May 12, 2021 (Improving the Nation's Cybersecurity) also recognized that “the private sector must adapt to the continuously changing threat environment, ensure its products are built and operate securely, and partner with the Federal Government to foster a more secure cyberspace.” 23 23 86 FR 26633, May 17, 2021. On July 28, 2021, the President issued the “National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems,” 24 which required the Secretary of Homeland Security to coordinate with the Secretary of Commerce (through the Director of NIST) and other agencies, as appropriate, to develop baseline CPGs. These baseline CPGs will further a common understanding of the baseline security practices that critical infrastructure owners and operators should follow to protect national and economic security, as well as public health and safety. CISA's release of the CPGs in October 2022 was “intended to help establish a common set of fundamental cybersecurity practices for critical infrastructure, and especially help small- and medium-sized organizations kickstart their cybersecurity efforts.” 25 The Coast Guard relied on CISA's CPGs as a benchmark for technical requirements in this final rule. 24 The White House, National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems, July 28, 2021, https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/28/national-security-memorandum-on-improving-cybersecurity-for-critical-infrastructure-control-systems/, accessed on July 24, 2023. 25 CISA, “Cross-Sector Cybersecurity Performance Goals,” https://www.cisa.gov/cross-sector-cybersecurity-performance-goals , accessed August 12, 2024. On February 21, 2024, the President signed Executive Order 14116 (Amending Regulations Relating to the Safeguarding of Vessels, Harbors, Ports, and Waterfront Facilities of the United States), amending 33 CFR part 6 regulations, which are issued pursuant to 46 U.S.C. 70051. 26 In that Order, the President found that “the security of the United States is endangered by reasons of disturbance in the international relations of the United States that exist as a result of persistent and increasingly sophisticated malicious cyber campaigns against the United States, and that such disturbances continue to endanger such relations.” 26 89 FR 13971, February 26, 2024. The Executive Order expanded the regulatory authorities of the Coast Guard COTP, a designated officer of the Coast Guard, to address, inspect, and search vessels when there is an articulable cybersecurity threat; take possession and control of vessels within the territorial waters of the United States; and prevent access of things (including data, information, network, program, system, or other digital infrastructure) to vessels or waterfront facilities whenever it appears that such actions are necessary to prevent damage or injury, including damage to any data, information, network, program, system, or other digital infrastructure on such vessel, or to any vessel, waterfront facility, or the waters of the United States. 27 Furthermore, the Commandant's authority was extended to prescribe conditions and restrictions relating to waterfront facilities and vessels in port, specifically to “prevent, detect, assess, and remediate an actual or threatened cyber incident.” 28 The Commandant exercised this authority in a February 21, 2024 Maritime Security (MARSEC) Directive. 29 27 33 CFR 6.04-5, 6.04-7, and 6.04-8. 28 33 CFR 6.14-1. 29 Issuance of Maritime Security (MARSEC) Directive 105-4: Cyber Risk Management for Ship-to-Shore Cranes Manufactured by People's Republic of China Companies, 89 FR 13726, Feb. 23, 2024. The Executive Order also amended the reporting requirement in 33 CFR part 6 to add CISA and to also require the reporting of actual or threatened cyber incidents. The amended 33 CFR 6.16-1 now requires the reporting of “evidence of sabotage, subversive activity, or an actual or threatened cyber incident[s] involving or endangering any vessel, harbor, port, or waterfront facility” to the Federal Bureau of Investigation (FBI), CISA, and the COTP or their respective representatives. 30 OCS facilities are not required to report under Part 6. 30 89 FR 13971, 13973, February 26, 2024. In 2021, the Coast Guard published its Cyber Strategic Outlook (CGCSO) to highlight the importance of managing cybersecurity risks in the MTS. 31 The CGCSO highlighted three lines of effort, or priorities, to improve Coast Guard readiness in cyberspace: (1) Defend and Operate the Coast Guard Enterprise Mission Platform; (2) Protect the MTS; and (3) Operate in and through Cyberspace. 32 As outlined in the CGCSO's second line of effort, “Protect the MTS,” the Coast Guard has implemented a risk-based regulatory, compliance, and assessment regime. We have established minimum requirements for Cybersecurity Plans that facilitate the use of international and industry-recognized cybersecurity standards to manage cybersecurity risks by owners and operators of maritime critical infrastructure. 33 Specifically, this final rule promulgates the Coast Guard's baseline cybersecurity regulations for U.S.-flagged vessels and facilities (including OCS facilities) subject to MTSA. 31 U.S. Coast Guard, “Cyber Strategic Outlook,” August 2021, https://www.uscg.mil/Portals/0/Images/cyber/2021-Cyber-Strategic-Outlook.pdf, accessed August 13, 2024. 32 These lines of effort evolved from the three “strategic priorities” introduced in the Coast Guard's Cyber Strategy, June 2015. As cyber threats and vulnerabilities evolve, so will the Coast Guard's posture. https://www.dco.uscg.mil/Portals/10/Cyber/Docs/CG_Cyber_Strategy.pdf?ver=nejX4g9gQdBG29cX1HwFdA%3D%3D, accessed August 12, 2024. 33 The Coast Guard is aware that some entities already follow industry standards related to cybersecurity. The minimum requirements seek to establish a common baseline for all the regulated vessels, facilities, and OCS facilities that is not incompatible with such standards, recognizing that in some instances these minimums may increase a requirement, but in other circumstances may already be satisfied. The owner or operator can indicate within their Cybersecurity Plan that they are following a particular standard and highlight how their compliance with that standard satisfies Coast Guard requirements. As noted, in January 2023, the Coast Guard released the Maritime Cybersecurity Assessment and Annex Guide (MCAAG). The MCAAG was developed through coordination with the National Maritime Security Advisory Committee (NMSAC), AMSCs, and other maritime stakeholders, consistent with the activities described in section 2(e) of the National Institute of Standards and Technology Act (specifically, 15 U.S.C. 272(e)). The MCAAG provides more detailed recommendations on implementing existing MTSA regulations as they relate to computer systems and networks. For example, the Coast Guard recommended a Cyber Annex Template for stakeholders to address possible cybersecurity vulnerabilities and risks. This final rule expands and clarifies the information required in security plans to remain consistent with 46 U.S.C. 70103(c)(3), including section 70103(c)(3)(C)(v), which requires FSPs, OCS FSPs, and VSPs to include provisions for detecting, responding to, and recovering from cybersecurity risks that may cause TSIs. Some terms we use in the MCAAG, such as cybersecurity vulnerability, may have a set definition in this final rule. C. Legal Authority The Coast Guard is promulgating these regulations under 43 U.S.C. 1333(d); 46 U.S.C. 3306, 3703, 70102 through 70104, 70124; and the Department of Homeland Security (DHS) Delegation No. 00170.1, Revision No. 01.4. Section 4 of the Outer Continental Shelf Lands Act of 1953 (OCSLA), classified as amended at 43 U.S.C. 1333(d), authorizes the Secretary to promulgate regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property on the artificial islands, installations, and other devices on the OCS thereto. This authority was delegated to the Coast Guard by DHS Delegation No. 00170.1(II)(90), Revision No. 01.4. Section 3306 of Title 46 of the United States Code authorizes the Secretary to prescribe necessary regulations for the design, construction, alteration, repair, equipping, manning and operation of vessels, propulsion machinery, auxiliary machinery, boilers, unfired pressure vessels, piping, electric installations, and accommodations for passengers and crew. This authority was delegated to the Coast Guard by DHS Delegation No. 00170.1(II)(92)(b), Revision No. 01.4. Section 3703 of Title 46 of the United States Code authorizes the Secretary to prescribe similar regulations relating to tank vessels that carry liquid bulk dangerous cargoes, including the design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of the vessels. This authority was delegated to the Coast Guard by DHS Delegation No. 00170.1(II)(92)(b), Revision No. 01.4. Sections 70102 through 70104 of Title 46 of the United States Code authorize the Secretary to evaluate for compliance vessel and facility vulnerability assessments, security plans, and response plans, which must address cybersecurity risks. Section 70124 authorizes the Secretary to promulgate regulations to implement Chapter 701, including sections 70102 through 70104, dealing with vulnerability assessments for the security of vessels and facilities (which include OCS facilities); security plans for vessels, facilities, and OCS facilities; and response plans for vessels, facilities, and OCS facilities. These authorities were delegated to the Coast Guard by DHS Delegation No. 00170.1(II)(97)(a) through (c), and (n), Revision No. 01.4. IV. Background A. The Current State of Cybersecurity in the MTS The maritime industry is relying increasingly on digital solutions for operational optimization, cost savings, safety improvements, and more sustainable business. These developments, to a large extent, rely on IT systems and OT systems, which also increases potential cyber vulnerabilities and risks. Cybersecurity risks result from vulnerabilities to vital systems that increase the likelihood of cyber-attacks on U.S.-flagged vessels, facilities, and OCS facilities. Cyber-attacks on critical infrastructure across multiple sectors have raised awareness of the need to protect the systems and equipment that facilitate operations within the MTS because cyber-attacks have the potential to disable the IT and OT on board U.S.-flagged vessels, facilities, and OCS facilities. Autonomous vessel technology, automated OT, and remotely operated machines provide further opportunities for cyber-attackers. These systems and equipment are prime targets for cyber-attacks stemming from insider threats, criminal organizations, nation state actors, and others. Also, the MTS has become increasingly susceptible to cyber-attacks due to the growing integration of digital technologies in their operations. These types of cyber-attacks can range from altering a vessel's navigational systems to disrupting its communication with ports, which can lead to delays, accidents, or even potential groundings that can potentially disrupt vessel movements and shut down port operations, such as loading and unloading cargo. This disruption can also negatively affect the MTS by interrupting the transportation and commerce of goods, raw resources, and passengers, as well as potential military operations when needed. An attack that compromises navigational or operational systems can pose a serious safety risk. It can result in accidents at sea, potential environmental disasters like oil spills, and loss of life. The maritime industry is not immune to ransomware attacks where cybercriminals are targeting critical systems or data. Given the critical nature of marine transportation to global trade, continued efforts are being made to improve cybersecurity measures in the sector. Maritime stakeholders can better detect, respond to, and recover from cybersecurity risks that may cause TSIs by adopting a range of cyber risk management (CRM) measures, as described in this final rule. It is important that the Coast Guard work with the maritime community to address both safety and security risks to better facilitate operations and to protect MTS entities from creating hazardous conditions within ports and waterways. Updating regulations to include minimum cybersecurity requirements will strengthen the security posture and increase resilience against cybersecurity threats in the MTS. In 2017, the International Maritime Organization (IMO) took steps to address cybersecurity risks in the shipping industry by publishing the Marine Safety Committee/Facilitation Committee (MSC-FAL) Circular 3, Guidelines on Maritime Cyber Risk Management, 34 and MSC Resolution 428(98). 35 The IMO affirmed that an approved Safety Management System (SMS) should involve CRM to manage cybersecurity risks in accordance with the objectives and functional requirements of the International Safety Management (ISM) Code. An SMS is a structured and documented set of procedures enabling company and vessel personnel to effectively implement safety and environmental protection policies that are specific to that company or vessel. 34 https://wwwcdn.imo.org/localresources/en/OurWork/Facilitation/Facilitation/MSC-FAL.1-Circ.3-Rev.1%20-%20Guidelines%20On%20Maritime%20Cyber%20Risk%20Management%20(Secretariat).pdf, accessed August 13, 2024. 35 See the IMO resolution on CRM: Resolution MSC.428(98), Annex 10, “Maritime Cyber Risk Management in Safety Management Systems.” https://wwwcdn.imo.org/localresources/en/OurWork/Security/Documents/Resolution%20MSC.428(98).pdf, accessed August 13, 2024. For applicable U.S.-flagged vessels, this final rule establishes a baseline level of protection throughout the MTSA-regulated vessel fleet. Having regulatory oversight over U.S.-flagged vessels, the Coast Guard can ensure these cybersecurity regulations are implemented appropriately by approving Cybersecurity Plans and conducting routine inspections. As discussed in Section VII of this preamble, the Coast Guard requests public comment on a potential 2-to-5-year delay for the implementation periods for U.S.-flagged vessels. (See the ADDRESSES portion of this preamble, under Comment period for solicited additional comments, for instructions on submitting comments.) This final rule also applies to facilities regulated by 33 CFR part 105 and OCS facilities regulated by 33 CFR part 106. B. Current MTSA Regulations Related to Cybersecurity The MTSA-implementing regulations in 33 CFR parts 101, 103, 104, 105, and 106 give the Coast Guard the authority to review and approve security assessments and plans that apply broadly to the various security threats facing the maritime industry. Through the Navigation and Vessel Inspection Circular (NVIC) 01-20 36 (85 FR 16108, March 20, 2020), the Coast Guard interpreted 33 CFR parts 105 and 106 as requiring owners and operators of facilities and OCS facilities to address cybersecurity in their Facility Security Assessments (FSAs) and OCS FSAs, as well as in their FSPs and OCS FSPs. The NVIC provides non-binding guidance on how regulated entities can address these issues. 36 See footnote 13. This final rule also expands upon the agency's previous actions by establishing minimum performance-based cybersecurity requirements for the MTS within the MTSA regulations. Similar to the existing requirements in 33 CFR parts 104, 105, and 106, the Coast Guard allows owners and operators the flexibility to determine the best way to implement and comply with these new requirements. Following the effective date of this final rule, personnel must complete certain training requirements within approximately 6 months, and owners or operators must sequentially complete a Cybersecurity Assessment and submit the Cybersecurity Plan to the Coast Guard for review and approval within 24 months. The Cybersecurity Plan also includes designating the CySO. These implementation periods allow sufficient time for the owners and operators of applicable U.S.-flagged vessels, facilities, and OCS facilities to comply with the requirements of this final rule. 37 37 Existing general requirements to address cyber issues in security plans will continue to apply during this rulemaking. V. Discussion of Comments and Changes In response to the NPRM we published on February 22, 2024, 38 we received 99 written submissions to our docket. These written submissions are available in the public docket for this rulemaking, where indicated under the ADDRESSES portion of the preamble, or use the direct link www.regulations.gov/docket/USCG-2022-0802. The Coast Guard appreciates the comments from the public, as these insights continue to inform Coast Guard actions and programs. Below, we summarize the comments and our responses. 38 89 FR 13404. Extension of Comment Period and Public Meetings The Coast Guard received a number of comments about extending the initial comment period of 60 days for additional time to review the proposed rule and the impacts. The requests asked for additional time ranging from 30 to 90 days, with 30 days being the most common request. After considering these comments, we extended the comment period by 30 days through May 22, 2024. 39 The Coast Guard determined that the extended comment period offered sufficient opportunity for industry stakeholders, and the general public to express their feedback on the NPRM. 39 89 FR 24751. One commenter requested that we hold a public hearing during which they could ask us questions and receive further information before submitting a public comment on the NPRM. The Coast Guard did not grant this request. Any public meeting that we held would include a presentation about the contents of the NPRM and an opportunity for members of the public to submit oral comments, but it is unlikely that we would have been able to share information materially different than the information that was already provided in the published NPRM. One commenter requested that the Coast Guard hold a series of “industry days” focused on specific threats to the maritime stakeholders. This comment was received on May 22, 2024, the day the extended comment period closed, which did not allow time to consider this request or hold a public meeting or series of “industry days” before the end of the comment period. Additionally, we had already extended the comment period to allow for more time for industry to submit comments about specific impacts to the maritime industry. We received many comments during that period and have carefully considered them in developing this final rule. A. General Comments Several commenters submitted positive comments. Commenters commended us for strengthening cybersecurity and noted that the rule is needed, is very important for the marine transportation system, and is a “great idea.” One commenter supported our inclusion of specific proposals regarding device security measures in § 101.650(b). Another commenter supported requirements for vulnerability scanning and penetration testing. One commenter noted that the increasing interconnectivity of ports expands the attack surface and vulnerabilities exploitable by cyber actors. The Coast Guard agrees with the commenter. We are finalizing this regulation to help mitigate these risks. Out of Scope Comments We received several comments that were out of scope for this rulemaking. One commenter expressed concern about the ship-to-shore cranes manufactured in the People's Republic of China (PRC). Specific language to address PRC-manufactured cranes is outside the scope of this regulation, which establishes general, baseline cybersecurity requirements for regulated entities. Another commenter asked for a list of crane manufacturers or providers impacted by MARSEC Directive 105-4 related to the PRC-manufactured cranes. The Coast Guard announced the availability of MARSEC Directive 105-4 on February 23, 2024, which provided actions for owners or operators of ship-to-shore cranes manufactured by the PRC to manage cybersecurity risks (89 FR 13726). This MARSEC Directive was announced at the same time as the NPRM for this final rule, but its requirements are separate. Interested parties should refer to the notice of availability for MARSEC Directive 105-4. 40 40 89 FR 13726, February 23, 2024. One commenter noted that CPGs specific to the maritime subsector should be prioritized. The commenter also inquired about how feasible it was to incorporate risk-based assessment processes into the MST [Marine Science Technician] “A” School curriculum. The Coast Guard is not currently working on sector-specific CPGs. Entities are welcome to use their preferred references and standards to help inform their required Assessments and Plans. “A” school curricula are outside the scope of this regulation. Formalizing Training One commenter stated that the Coast Guard needs to consider continuously monitoring OT devices and asked the Coast Guard to formalize training, leverage industry best practices to apply to maritime operations, and implement a “Bug Bounty” program like that of the Department of Defense (DoD). 41 41 A “Bug Bounty” program is an initiative that rewards individuals for reporting bugs and vulnerabilities in software. The commenter did not give additional information or a reason why the Coast Guard should formalize the training. While formal training can be beneficial, the Coast Guard will not mandate a specific training format. It is up to the owners and operators of U.S.-flagged vessels, facilities, and OCS facilities to assess the necessary level of training based on their unique cyber threats and risks. This final rule provides minimum baseline standards. Owners and operators are welcome to implement additional cybersecurity measures if they wish, including leveraging industry best practices, continuous monitoring of OT devices, and establishing processes for vulnerability notification such as the “Bug Bounty” program. However, these additional measures are not required by this final rule. Identity Protection and Authentication Another commenter applauded the inclusion of identity protection and authentication practices, and noted that some current practices, such as “bring your own device” and “work from anywhere” models, increase the risks of relying on traditional authentication methods and further weaken obsolescent legacy security technologies. The Coast Guard agrees that the rule's provisions appropriately address current cybersecurity risks. Automated Technologies One commenter advised caution regarding “unchecked reliance” on automated technologies and processes in the maritime industry. The commenter also noted the lack of Federal regulations for “smart” containers. Another commenter recommended that the Coast Guard's cybersecurity regulations should require private stakeholders to collaborate with DHS to ensure national security and protect American dockworkers from cyber-attacks and risks from automated technologies. These comments fall outside the scope of the regulations, as our intent is not to address specific issues associated with “smart” containers in particular. This final rule focuses on cybersecurity threats and risks that may impact OT and IT systems on board vessels and at facilities. One commenter noted that some ports and ships are becoming “smart” with use of artificial intelligence, algorithms, and other IT solutions. The commenter argued that the proposed regulations fell short of addressing the cybersecurity risks of more sophisticated systems by only providing minimum baseline requirements. These regulations provide minimum baseline requirements that allow each owner or operator to customize the Cybersecurity Plan to the needs of their organization. We expect that organizations with more sophisticated systems, such as those described by the commenter, will use the Cybersecurity Assessment to identify their specific cybersecurity needs, which will then be accounted for in the Plan. The structure of this final rule provides each owner or operator the flexibility to customize their Plan based on their own needs and also to add other requirements they deem appropriate for their organization. Additional Inspections One commenter recommended that any vessel that visits an “adversarial controlled shipyard” for maintenance or repair should necessitate thorough inspections following the maintenance. This is outside the scope of this rulemaking. We did not propose any requirements for such inspections and do not have any plans to pursue them at this time. Rulemaking Process One commenter suggested that issuing an advance notice of proposed rulemaking (ANPRM) first would have improved the process for crafting these regulations. The Coast Guard considered an ANPRM, but ultimately decided that it was not necessary for this rulemaking project. We received robust comments on the NPRM that provided useful input on the cybersecurity regulations we proposed and that we have carefully considered in developing this final rule. Several commenters stated that the Coast Guard did not engage with industry stakeholders before the release of the NPRM. While we did not engage with industry on the NPRM specifically prior to its release, the Coast Guard regularly engages with MTS industry and other stakeholders on cyber and other risks at Government agency- or industry-hosted conferences and workshops, and other forums. In these engagements, we discuss the Coast Guard's current cyber posture in terms of vessel and facility compliance with MTSA. Cybersecurity presents challenging problems, along with a need to address them promptly to implement critical cybersecurity measures. Port Security Grant Program Some commenters requested that the Port Security Grant Program account for, or even give prioritization to, smaller facilities to address cybersecurity concerns. The Coast Guard will seek to work with the Federal Emergency Management Agency (FEMA) to further highlight cybersecurity through the FEMA-administered Port Security Grant Program. Because we do not manage that program, we cannot make any representation about future prioritization of grant funds. As noted in FEMA's Fiscal Year 2024 Notice of Funding Opportunity for this program, all entities subject to an Area Maritime Transportation Security Plan, as defined by 46 U.S.C. 70103(b), may apply for program funding. 42 Eligible applicants include but are not limited to port authorities, facility operators, and State, local, and territorial government agencies. 43 FEMA identified enhancing cybersecurity as a key priority for Fiscal Year 2024. 44 42 See FEMA, “The U.S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2024 Port Security Grant Program,” April 16, 2024, https://www.fema.gov/print/pdf/node/676012, accessed October 23, 2024. 43 Id. at 14. 44 Id. at 6. Coast Guard Experience With Enforcing Cybersecurity Some commenters stated that they did not feel that the Coast Guard had the expertise to enforce these regulations or to conduct cybersecurity inspections. They also stated that the nature of personnel rotations among active-duty military meant that members would constantly require training, and the Coast Guard could not retain the expertise necessary to review and approve the Cybersecurity Plans. Some also felt that reviews of the Cybersecurity Plan should be held in a centralized location, due to the COTP not having enough cybersecurity expertise. The Coast Guard maintains a diverse workforce of military and civilian personnel to balance the need to maintain institutional knowledge while keeping the ability to flexibly assign personnel to a wide range of billets and locations. Whether it is knowledge of commercial vessel safety regulations, hazardous materials regulations, or these new cybersecurity regulations, the Coast Guard will ensure adequately trained personnel will be available to enforce these regulations, including through reviewing Cybersecurity Plans. Although this final rule addresses training requirements for regulated entities and not Coast Guard personnel, the Coast Guard will ensure appropriate, adequate training is available for the personnel conducting associated work and missions. Additionally, the Coast Guard recognizes the comment regarding centralized reviews of the Cybersecurity Plans. The Coast Guard has not yet identified where ownership of initial and subsequent review of Cybersecurity Plans will reside, but will determine that upon assessing the process that optimizes resources and expertise. Whatever the Coast Guard determines, it will not alter the requirements for developing and submitting such Plans. In addition, the Coast Guard has significant experience with the maritime security of vessels, facilities, and OCS facilities. We have specific cybersecurity units and capabilities dedicated to identifying threats and risks and to protecting the cybersecurity of the United States. We work in partnership with the DoD and other DHS components, specifically CISA and the Transportation Security Administration (TSA). We are confident that, by leveraging this experience and these partnerships, along with additional training, we can enforce the requirements in this final rule. Some commenters asked if the Coast Guard planned to allow Recognized Organizations (ROs) to assist with reviewing Cybersecurity Plans. The Coast Guard currently does not plan to allow ROs to assist with reviewing Cybersecurity Plans, but regulated entities may consult with ROs to ensure compliance with this final rule if they choose. B. Comments Related to the Applicability of This Final Rule One commenter asked us to clearly define the scope of the Coast Guard's jurisdictional authority to regulate cybersecurity as it applies to marine infrastructure. As discussed in the legal authority section, the Coast Guard has statutory authority under MTSA, as amended and codified at 46 U.S.C. chapter 701, to regulate cybersecurity in the MTS. As already long-established by the existing regulations in 33 CFR subchapter H, MTSA is applicable to the vessels, facilities, and OCS facilities that are subject to this final rule. The authority to regulate “cybersecurity risk” was specifically added to MTSA by the Maritime Security Improvement Act of 2018. 45 45 Pub. L. 115-254, Div. J. One commenter explained that some ports oversee airports under their jurisdiction and thus, have dual cybersecurity requirements with the Federal Aviation Administration (FAA). The commenter sought clarification that new requirements, including incident reporting requirements, would not apply to systems that are under the port authority's charge but that are unrelated to maritime port activities. The commenter expressed concern that, if the Coast Guard rule were to apply to all systems under a port authority's charge, many ports would have dual reporting requirements for the same incidents—a significant inefficiency. This final rule is applicable to those facilities currently regulated under existing MTSA regulations. By and large, airport facilities are not regulated under this rule. If a situation arose where a MTSA-regulated entity was potentially subject to conflicting requirements from the Federal Aviation Administration—or any other agency's requirements—the entity should raise the issue of any perceived conflicts with the COTP and that agency's respective point of contact so that each agency is aware of the concern and can evaluate if there are conflicts for compliance. With respect to incident reporting, if there are occurrences where a cybersecurity incident affects systems or equipment falling under multiple regulatory jurisdictions, an owner or operator will have to ensure all reporting requirements are met. And with respect to the rule in general, if appropriate, the Coast Guard, acting through the COTP, may recommend the entity consider a request for equivalence in order to avoid overlapping requirements. Some commenters stated that the United States should not impose specific requirements for the flag state on its vessels without imposing the same on foreign-flagged vessels. One commenter also suggested that U.S.-flagged vessels should be subject to requirements no greater than those applied to foreign-flagged vessels with a safety management system. The commenter asserted that, once the IMO establishes international requirements, a new NPRM should be issued to implement these requirements for U.S.-flagged vessels. Other commenters said the United States should not impose requirements that deviate from international standards, including those that are presently being negotiated at the IMO. The Coast Guard believes that protecting U.S. national security and the nation's sovereign interests is a paramount concern. As the flag administration, the United States believes that these baseline requirements for U.S.-flagged vessels are important preventive measures. Not only will establishing these requirements help protect the U.S. commercial fleet from cybersecurity threats, but it will also further establish the United States as a leader in this space and offers a model for the necessary actions that other flag administrations should take with respect to the cybersecurity of vessels. The Coast Guard acknowledges that this final rule adds new requirements on U.S.-flagged vessels. However, the Coast Guard believes that proactive cybersecurity regulations are essential for ensuring the continued safety, security, and resilience of the domestic MTS. Consistent with this approach, the United States is actively engaged in international efforts to address maritime cybersecurity at the IMO. The Coast Guard believes that extending regulations to foreign-flagged vessels at this time while these discussions are ongoing would disrupt the established processes for port state control and possibly jeopardize U.S. national interests. The Coast Guard may consider revising this rule at a later date as the threat environment and international standards develop, including after the IMO speaks to cybersecurity with additional specificity. Multiple commenters requested clarification on how these regulations apply to existing U.S.-flagged vessels, facilities, and OCS facilities, and stated that it could be difficult for existing vessels to meet some requirements. Specifically, concerns were raised about the inability to implement data encryption, the feasibility of compliance with network segmentation, frequent operator changes, difficulty in identifying personnel to fill a specialized position, and the presence of minimal computer networks and electronic systems. One commenter stated that vessels operating exclusively on inland waters, such as barges and towing vessels, have a minimal cyber footprint and should be excluded from this rulemaking. This final rule is applicable to U.S.-flagged vessels, facilities, and OCS facilities, and includes both existing U.S.-flagged vessels, facilities, and OCS facilities, as well as any new or future U.S.-flagged vessels, facilities, and OCS facilities. The Coast Guard understands that IT and OT footprints can vary across vessels. As discussed in Section VII of this preamble, for the reasons indicated below, the Coast Guard requests public comment on a potential 2-to-5-year delay for the implementation periods for U.S.-flagged vessels, which may partially address the commenters' concerns about vessels. Conducting the required Cybersecurity Assessment allows for regulated entities to determine and not merely speculate about their specific IT and OT footprint, including potential vulnerabilities. Even vessels with a small IT or OT footprint may still face cybersecurity risks that could impact operations, safety, and security, which must then be addressed. Some such limitations may be addressed in the Cybersecurity Plan. When a regulated entity believes that certain requirements are not applicable or they are unable to comply with specific requirements within this regulation, they may follow the procedures in § 101.665 to request a waiver or equivalency. While the Coast Guard recognizes that issues such as frequent operator changes may result in additional work for a regulated entity, this final rule is in line with existing requirements applicable to owner or operator changes. The Coast Guard believes that cybersecurity training remains crucial for safeguarding the MTS against evolving cybersecurity threats. Each new operator introduces a potential vulnerability, and, without adequate training, this could compromise both IT and OT systems. To mitigate these risks, it is vital that all operators, regardless of turnover frequency, are equipped with fundamental cybersecurity knowledge and skills. While formal training may be appropriate, the Coast Guard is not mandating a format of training in this final rule. However, the training would have to, at minimum, cover relevant provisions of the Cybersecurity Plan to include recognizing, detecting, and preventing cybersecurity threats, and reporting cyber incidents to the CySO. When a regulated entity believes they are unable to comply with specific requirements within this regulation, they may follow the procedures in § 101.665 to request a waiver or equivalency. Some commenters suggested that the Coast Guard should create a separate rulemaking for vessels. The Coast Guard is not considering a separate rulemaking for vessels at this time. This final rule is consistent with the Coast Guard's authority under MTSA as it applies to vessels. Some commenters asked that this final rule not apply to vessels such as small passenger vessels, towing vessels, and barges, as well as to facilities with minimal or no IT and OT footprint. One commenter stated that the NPRM outlined cybersecurity procedures broadly applicable to many vessels and facilities but failed to consider those with minimal computer networks and systems that would not significantly impact operations, security, or safety if compromised. Another commenter stated that OT systems on vessels are distinct and should be assessed separately from shoreside infrastructure, as cyber incidents typically impact only one vessel at a time due to segmentation. In contrast, shoreside incidents can have wider repercussions. For inland vessels, the primary vulnerabilities are personally identifiable information (PII) and positional data theft. Thus, the commenter recommended a tiered risk system to determine suitable cybersecurity measures for vessels. The Coast Guard does not agree with changing the applicability of this final rule. Developing a definition or standard for “little or no IT and OT footprint” would be challenging, and the Coast Guard did not seek comment on such a definition in this rulemaking. Moreover, the Coast Guard is not aware of a definition for “little or no IT and OT footprint” in other regulations or in other recognized standards. Until an Assessment is completed, it would be difficult to know the full extent of a regulated entity's IT and OT footprint, and even a smaller IT and OT footprint could still allow cybersecurity threats and vulnerabilities and could still result in a cyber incident. It is necessary for all regulated entities under this final rule to first conduct the required Cybersecurity Assessment to determine the extent of their IT and OT footprint. Upon completion of that assessment, each regulated U.S.-flagged vessel, facility, or OCS facility can then develop a Cybersecurity Plan based on the applicable requirements. Even if an Assessment identifies only a minimal IT and OT footprint, that footprint may still represent levels of risk to the owner or operator, as well as the MTS. If the owner or operator finds there are portions of these regulations that do not apply to their U.S.-flagged vessel, facility, or OCS facility, the Coast Guard offers procedures in § 101.665 for an owner or operator to request a waiver or equivalence determination for the requirements. While an item may be identified by an owner or operator as not applicable, and therefore requires a waiver request from the requirement, it is necessary to identify that through the Cybersecurity Assessment and document in a Cybersecurity Plan so that it can be reviewed in the future as needed. Multiple commenters recommended the Coast Guard coordinate with the Bureau of Safety and Environmental Enforcement (BSEE) in the Department of the Interior before issuing any cybersecurity requirements for OCS facilities because of the shared authorities in OCSLA. The Coast Guard and BSEE have a shared mission of ensuring safety on the OCS. We work closely together to ensure our requirements are not in conflict with each other. The Coast Guard will continue to work with BSEE and our other interagency partners to harmonize efforts as appropriate and according to OCSLA and any other applicable law. One commenter requested clarity about applicability to §§ 104.105(b) and 105.105(b). The Coast Guard revised the language in § 101.605 to clarify that these cybersecurity regulations apply to the owners and operators of U.S.-flagged vessels, facilities, and OCS facilities required to have a security plan under parts 104, 105, and 106. The text “required to have a security plan” is the clearest means to clarify the applicability without the loss of legal precision, especially as MTSA addresses regulated entities in a similar manner at 46 U.S.C 70103. The Coast Guard received multiple comments suggesting that the applicability for these requirements should be a risk-based approach based on the varied levels of IT and OT footprints, or how extensive a cybersecurity incident would be, based on vessel, facility, or OCS facility size and type of operation, including a consideration for the applicability to U.S. domestic vessels. Multiple commenters contended that prescribing the same requirements for all vessels and not scaling the applicability of requirements based on risk profile would impose unfeasible requirements and undue burdens on owners and operators of vessels. One commenter indicated that this risk-based approach should also apply to penetration test requirements. Another commenter further suggested that the Coast Guard add objective criteria for cybersecurity controls similar to what is currently addressed in NVIC 01-20. The Coast Guard determined that these cybersecurity requirements should apply to the same entities to which MTSA currently applies, but that there are areas where a waiver under § 101.665 could apply. The Coast Guard would not currently be able to identify the unique aspects of each vessel and facility to develop a comprehensive risk factor system and base requirements off that. Additionally, risk factors could change, so the Coast Guard would either risk developing factors that become outdated, or otherwise could not keep up with a changing IT and OT landscape. The Coast Guard feels that the best approach is to develop a broad range of cybersecurity requirements in this final rule, which serve as baseline requirements across all regulated entities rather than a risk-based approach. Since each individual entity will have unique features, including their IT and OT footprint, we believe it makes the most sense for them to assess themselves, and, if needed, identify where they cannot comply or when a requirement is not applicable. It is practical to maintain the existing MTSA applicability, particularly in requiring those regulated stakeholders to complete a Cybersecurity Assessment to identify the extent of their IT and OT footprint, so all entities can determine which requirements under these regulations would apply. In cases when an owner or operator determines, through their assessment, that certain criteria do not apply, they may follow the procedures in § 101.665 to request a waiver or equivalency. NVIC 01-20 serves as general guidance for incorporating cybersecurity into existing FSA and FSP requirements in 33 CFR part 105. This final rule represents more comprehensive cybersecurity requirements that go beyond those addressed by NVIC 01-20. An owner or operator may, however, use the principles of NVIC 01-20 to help inform their compliance with these regulations. One commenter suggested that the Coast Guard revise § 101.605 so that this final rule would not apply to a vessel or facility that has not installed an IT or OT system that, if compromised, could result in a TSI. The commenter also suggested that the Coast Guard modify 33 CFR 104.305 and 105.305 so that VSAs and FSAs require an analysis of cybersecurity threats as defined in § 101.615. The Coast Guard does not agree with this recommendation as we are not making changes to existing regulatory requirements in 33 CFR parts 104 and 105. In addition, the recommendation to revise 33 CFR part 101 would introduce too much uncertainty into applicability, especially as it relates to the need for entities to conduct a Cybersecurity Assessment to evaluate risks as a threshold matter. It would be premature to carve-out a regulated entity based on an assumption the regulated entity's IT or OT poses no risk to the MTS or risk of TSI before such an evaluation is made through a Cybersecurity Assessment. The function of the Cybersecurity Assessment is to provide the necessary information to develop the appropriate mitigation measures within the Cybersecurity Plan and to provide the substance that would inform any discussions with the COTP or MSC, especially as it may relate to requests for waivers or equivalencies. One commenter requested clarification as to the applicability of these regulations in cases of a landlord port and tenant facilities. These regulations create new baseline cybersecurity responsibilities for the owner or operator of an applicable U.S.-flagged vessel, facility, or OCS facility. “Owner or operator” is a term defined at 46 U.S.C. 70101(5). The applicability of these regulations may depend on the nature of any specific landlord port and tenant facility agreements. Therefore, the Coast Guard cannot make a blanket determination about all landlord-tenant relationships as it relates to the responsibility for compliance with the requirements of this final rule. Some commenters suggested that the Coast Guard incorporate these rules into the existing 33 CFR parts 104, 105, and 106 requirements, as opposed to creating 33 CFR subpart F. The Coast Guard considered this approach but determined that putting these cybersecurity requirements in a single subpart within 33 CFR part 101, which would then follow the applicability of 33 CFR parts 104, 105, and 106, allowed for the best alignment across regulated entities. The Coast Guard has chosen to articulate the cybersecurity requirements within 33 CFR part 101 because these regulations impact U.S.-flagged vessels, facilities, and OCS facilities collectively. This format is presented in a more organized and accessible manner to the maritime partners who are already familiar with the MTSA regulations. Some commenters asked us to clarify whether 33 CFR subpart F will supersede NVIC 01-20. NVIC 01-20 is a guidance document that states the Coast Guard's policy stance and an interpretation of its existing regulations. NVIC 01-20 itself is not enforceable as a legislative rule. The cybersecurity guidance provided by NVIC 01-20 relates to the requirements in 33 CFR part 105 that predate this rulemaking. Upon the effective date of this final rule, the requirements in these regulations will have the force of law. This final rule will supersede NVIC 01-20. Some commenters raised concerns that some stakeholders will be affected by limited workforce and resources and questioned the cybersecurity benefits. The commenters asserted that these challenges would be a significant hindrance to operational effectiveness and urged the Coast Guard to provide sufficient time and flexibility for operators to understand and implement the new requirements. The Coast Guard recognizes that regulated entities will have different workforce levels, as well as financial and other resources, that affect how they will comply with this final rule. In many cases, regulated entities with a smaller workforce and fewer resources will likewise have a smaller IT and OT footprint to assess and address in a Cybersecurity Plan. If those entities do have a large IT and OT footprint, then that reinforces the need to comply with the requirements in this final rule to prevent, mitigate, and respond to cybersecurity threats, vulnerabilities, and incidents. One commenter stated that this final rule had an unclear impact on marine terminal operators participating in unified port authority cybersecurity programs. The Coast Guard encourages participation and collaboration between stakeholders and maritime entities in addressing cybersecurity and other security risks throughout a port complex. However, a unified port authority cybersecurity program or similar higher-level arrangement may not adequately account for the unique cyber threats and vulnerabilities for a specific regulated entity. This final rule represents requirements for each regulated U.S.-flagged vessel, facility, and OCS facility, consistent with existing security requirements according to 33 CFR parts 104, 105, and 106. The Coast Guard believes that both this final rule and unified port authority cybersecurity programs can work in complement to each other, as they both pursue the same goal of bolstering cybersecurity, where the port authority program can be viewed as a macro-level plan, rather than the micro-level, individualized plan specific to the U.S.-flagged vessel, facility, or OCS facility. This final rule is based on CISA's CPGs, which themselves are informed by NIST's Cybersecurity Framework (CSF), and all leverage commonly accepted cybersecurity best practices that should not conflict with other programs. This final rule represents minimum baseline standards that a regulated entity can further build upon in coordination with unified port authority cybersecurity programs. Many ports have an active and robust AMSCs, which may include a Cybersecurity Subcommittee that can address coordination. Since this final rule and unified port authority cybersecurity programs all share a common goal of ensuring cybersecurity, the Coast Guard expects that regulated entities and port authorities will work together to ensure programs are not in conflict. Additionally, in cases when a unified port authority cybersecurity program may impact a regulated entity's specific cybersecurity plan, and owner or operator may be able to address the impact through the provisions in § 101.665 for noncompliance, waivers, and equivalents. C. Comments Related to Definitions Sources for Definitions Used in This Final Rule Some commenters suggested using definitions for certain terms used in this final rule that come from sources such as NIST, DoD's Cybersecurity Maturity Model Certification program, and other standards. The Coast Guard selected the definitions used in this final rule based on definitions used by our interagency partners to ensure alignment and harmonization across the interagency. The NPRM 46 discussed the citations for these definitions. The Coast Guard recognizes that there are numerous definitions for many of the terms used in this final rule, and that many might choose other sources, but these definitions meet the needs of the Coast Guard and are overwhelmingly accepted by stakeholders. The definitions used here are standard cybersecurity definitions used across industry and Government agencies and are listed in NIST's CSF. This common lexicon helps limit miscommunication. 46 89 FR 13404. Harmonizing Definitions One commenter noted that harmonization of definitions for existing and proposed cybersecurity requirements is vital. As discussed in the preamble of the NPRM, the Coast Guard consulted numerous sources for the definitions used in the NPRM. These sources include Executive Order 14028, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Pub. L. 117-263) (the Act), the Homeland Security Act of 2002 (Pub. L. 107-296), as amended, CISA's National Initiative for Cybersecurity Careers and Studies, and NIST's Computer Security Resource Center (CSRC). We believe that these sources are reliable and generally accepted by the industry and Government agencies. Additionally, these terms are appropriate for usage in the maritime setting. The definitions used here are standard cybersecurity definitions used across industry and Government agencies and are listed in NIST's CSF. However, we also recognize that there is some variance in the cybersecurity terms used by industry and Government sources. For example, NIST defines a “cyber incident” as “an occurrence that results in actual or potential jeopardy to the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits, or that constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies.” Part 6 of title 33 of the CFR uses similar, but not identical, language to define a cyber incident as an occurrence that: (1) Actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or (2) Constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies. 47 47 33 CFR 6.01-8 and 44 U.S.C. 3552(b)(2). The Homeland Security Act of 2002 also uses similar language, defining an incident as “an occurrence that actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system, or actually or imminently jeopardizes, without lawful authority, an information system.” 48 48 6 U.S.C. 650(12). After reviewing all these definitions, we selected the ones that best fit the maritime setting and ensured that the regulatory definitions are consistent with the relevant statutory definitions. The definitions used here align with standard cybersecurity definitions used across industry and Government agencies and are listed in NIST's CSF. These sources provide a common lexicon for everyone to use to limit miscommunication and do not differ because they are used in a maritime setting. Adding New Terms to the Final Rule Several commenters suggested that we introduce new terms that were not defined in the NPRM, such as “Marine Transportation System (MTS),” “Critical Cybersecurity Equipment,” and “transportation security incident.” In some cases, commenters proposed adding new definitions to enhance understanding of this final rule. For example, they requested definitions for “key personnel” as described in § 101.650(d), Cybersecurity Training for Personnel, and “sensitive or critical data” instead of the current requirement that “all data” must be protected under § 101.650(c), Data Security Measures. The commenters noted that these suggestions were made to clarify specific requirements and improve the overall clarity and implementation of this final rule. We did not make changes in response to most of these suggestions. Adding these terms is unnecessary, as many of them are already well-defined and have been commonly used in the maritime sector for many years. For example, “Marine Transportation System” or “Maritime Transportation System” are terms that are widely recognized and understood by industry and Government agencies. 49 Similarly, transportation security incident is a term that, although mentioned several times in the NPRM, was not defined because it is already defined at 46 U.S.C. 70101 and in 33 CFR 101.105. This definition has been in place for over 20 years under the MTSA regulations. Therefore, we do not see the need to introduce additional definitions for these terms. 49 See for example, 46 U.S.C. 50401. Some commenters suggested that the Coast Guard define what is a “significant number” when disclosure or unauthorized access directly or indirectly of nonpublic personal information of individuals information requires reporting in the proposed definition for reportable cyber incident. The Coast Guard did not make changes in response to these requests. We recognize that we use several terms, such as “significant number,” in this final rule without defining them. We intentionally left this and other terms undefined because their meanings can vary significantly depending on an organization's operational conditions and cybersecurity risks. This approach ensures that the definition is appropriately tailored to the unique context and needs of each organization. By allowing organizations to define these terms themselves, we aim to provide a more flexible approach to meet the requirements in the evolving cybersecurity environment in the maritime sector. Defining the Term “Reportable Cyber Incident” Numerous commenters responded affirmatively to our request for comments on whether we should define and use the term “reportable cyber incident” in this rulemaking to clarify what incidents trigger reporting obligations. Some commenters offered suggestions on edits to this proposed definition, including reordering subparagraphs. One commenter suggested limiting the definition to known incidents and not including those still under investigation considering the DHS report, informed by the work of the Cyber Incident Reporting Council (CIRC), which advises that the Federal Government should adopt a consistent model definition of a “reportable cyber incident” wherever practicable. Another commenter noted that establishing a threshold for reportable cyber incidents based on the potential that the incident could result in a TSI would clarify what does and does not need to be reported. Another commenter recommended that the Coast Guard should narrowly tailor “reportable cyber incident” to align with the Coast Guard's mission and the underlying purpose of the MTSA. The Coast Guard agrees with the suggestion to define and use the term reportable cyber incident. We have included the term reportable cyber incident in this final rule. The Coast Guard's definition of reportable cyber incident is based on the model definition proposed in the CIRC-informed DHS Report (the “CIRC Model Definition”). 50 Interagency stakeholders reviewed this term and its definition to ensure alignment and harmonization to the extent practical. The Coast Guard did not adopt the suggested edits to the proposed definition. We are maintaining the definition we included in the preamble to the NPRM, based on other public comments and discussion with interagency partners on harmonization. 50 See DHS Office of Strategy, Policy, and Plans, Harmonization of Cyber Incident Reporting to the Federal Government (Sept. 19, 2023), https://www.dhs.gov/publication/harmonization-cyber-incident-reporting-federal-government, accessed August 13, 2024. One commenter stated that the definition for reportable cyber incident should include clearly defined thresholds for such incidents. The Coast Guard does not agree. The definition for a reportable cyber incident provides sufficient detail to allow owners, operators, or CySOs to determine what constitutes such an incident and reflects harmonization among the interagency on the substance of this definition. As noted previously, after considering all public input, we have decided to include the term reportable cyber incident as defined in the NPRM. We concur with the many comments that this term is sufficiently well-defined to provide clear guidance on when and under what conditions cyber incidents must be reported to the NRC. This clarity will help eliminate the need to report minor cyber incidents, which will reduce the administrative burden on owners and operators as a result. One commenter suggested that the Coast Guard include the definition for a reportable cyber incident, but to allow for a threshold that would include unauthorized attempts by third-party actors to access sensitive information. The commenter also stated that these incidents should include phishing attempts, attempts to gain access to terminal operating systems, and unsuccessful malware attacks, as well as loss of network availability, exposure of sensitive data, and disruption of business operations as a result of unauthorized access by third parties. We did not adopt this suggestion. The Coast Guard's definition allows for the owner, operator, or CySO to determine if an incident meets the criteria for reporting. Further, the Coast Guard encourages stakeholders to report any situation or incident out of the ordinary if there is doubt or if they question whether it meets the definition of reportable cyber incident. We acknowledge the concerns raised by some commenters about redundancy and the need for interagency coordination. The Coast Guard will continue to work with other Government agencies to ensure our language aligns among all regulations and ensure harmonization of efforts to the extent practicable. The Coast Guard emphasizes information sharing among its interagency partners. The Coast Guard shares information with other Federal agencies through multiple channels: NRC reports of incidents are shared with DHS, CISA, and other relevant agencies. As a Co-Sector Risk Management Agency for the Transportation Systems Sector, the Coast Guard regularly communicates with the U.S. Department of Transportation, the Maritime Administration, TSA, and CISA. 51 The Coast Guard is a participant on numerous National Security Council-led Interagency Policy Committees. Engagement among local, State, Federal, and Tribal agencies also occurs through AMSCs. The Coast Guard shares cyber-focused products such as marine safety information bulletins, cyber advisories, and other products across interagency partners. 51 The White House, National Security Memorandum on Critical Infrastructure Security and Resilience, Apr. 30, 2024, https://www.whitehouse.gov/briefing-room/presidential-actions/2024/04/30/national-security-memorandum-on-critical-infrastructure-security-and-resilience/, accessed on December 20, 2024. One commenter noted that they support defining reportable cyber incident to distinguish between incidents that must be reported and those that do not; however, they find the current definition of “cyber incident” in § 101.615 is too broad and overly focused on IT. The commenter also noted that they have concerns with the proposed definition of reportable cyber incident and its alignment, or lack thereof, with other definitions for reportable cyber incidents in regulation and policy. The Coast Guard definition of cyber incident is based on the existing definition of incident in Title XXII of the Homeland Security Act of 2002, 52 which is not textually identical, but is substantively similar in relevant part to, the definition of “cyber incident” in Executive Order 14116. An incident in the Homeland Security Act of 2002 is “an occurrence that actually jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system, or actually jeopardizes, without lawful authority, an information system.” Although the Coast Guard recognizes that not all commenters may agree with our chosen definition, the Coast Guard values alignment with these established terms to minimize potential conflicts that could be created by significant deviations between definitions in these regulations and existing statutes. 52 Public Law 107-296, as added by Public Law 117-263, section 7143, classified to 6 U.S.C. 650. “Information system” is defined in this final rule as an interconnected set of information resources under the same direct management control that shares common functionality. Typically, a system includes hardware, software data, applications, communications, and people. It includes the application of IT, OT, or a combination of both. The definition of information system clearly covers both IT and OT systems. The Coast Guard's definition of reportable cyber incident is based on the model definition proposed in the CIRC Model Definition. However, in CISA's proposed rule implementing the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) (Pub. L. 117-103), the proposed definition of “substantial cyber incident” (which is used within the definition of “covered cyber incident,” the term that describes what cyber incidents are required to be reported under CIRCIA) does not include the CIRC Model definition's phrase “or, if still under the covered entity's investigation, could reasonably lead to any of the following,” as CISA interprets CIRCIA to require an incident to actually result in one of the impacts listed in the definition of substantial (in this case, reportable) cyber incident under CIRCIA. 53 For similar reasons, CISA did not propose including in the definition of “substantial cyber incident,” the CIRC Model Definition's fourth threshold prong, “potential operational disruption.” A “reportable cyber incident” is a type of “cyber incident” as these terms are defined in this final rule. A “reportable cyber incident” as defined in this final rule would also trigger a reporting obligation under 33 CFR 6.16-1 for entities required to report a cyber incident as such term is defined in 33 CFR part 6. 53 89 FR 23644. Revising the Definition of “Breach” One commenter noted that the term “breach,” when used by the Coast Guard to discuss a breach of security, could have serious, significant legal and financial impacts in reference to cybersecurity. We revised § 101.625(d)(10) in this final rule to refer to “reportable cyber incidents” rather than “breaches of security, suspicious activity that may result in TSIs, TSIs, and cyber incidents.” This is also consistent with our decision to define and include the term reportable cyber incident. Adding a Definition for “Cybersecurity Threat” One commenter recommended adding the definition of “cybersecurity threats” to 33 CFR parts 104 and 105. The Coast Guard does not agree to add the definition of “cybersecurity threat” because it is already encompassed by the defined term “cyber threat” the Coast Guard uses in this final rule. Cyber threat is the term used in CIRCIA, which amended the Homeland Security Act of 2002 (Pub. L. 107-296). CIRCIA defined cyber threat by cross-referencing to the term cybersecurity threat as it was already defined in the Homeland Security Act of 2002. The two statutory terms share the same definition, which is substantively repeated in this final rule. For the sake of consistency in this final rule, the Coast Guard has chosen cyber threat as the term-of-art for these regulations. Furthermore, the Coast Guard does not concur with the suggestion to amend 33 CFR parts 104 and 105 because, except for amending 33 CFR 160.202, this final rule is limited to establishing requirements in 33 CFR part 101. Adding or removing requirements in parts 104, 105, or 106 is outside the scope of this final rule. The new definitions in § 101.615 are sufficient for this final rule. Revising the Definition of “Backup” One commenter raised a concern that the primary issue with the concept of “backup” is that it lacks the flexibility to rebuild or re-instantiate a system from something other than a backup. When restoring from backups, time can be a critical factor. Therefore, the commenter recommended that the Coast Guard expand this definition and eliminate the requirement for all backups to be stored offsite. The Coast Guard agrees with this commenter. We revised the definition of backup in § 101.615 to remove the phrase “in a secondary location” and the implication that backups must be stored “offsite.” Instead, we added language to clarify our definition of backup. In this final rule, backups refer to “copies being stored separately for preservation and recovery.” With these changes, the revised definition is sufficient for the requirements in these regulations. If an owner or operator of a U.S.-flagged vessel, facility, or OCS facility identifies a method that they feel falls outside of that definition, they may follow the process to request a waiver according to § 101.665. Defining the Term “Transportation Security Incident” One commenter questioned the clarity of the definition of a “transportation security incident,” while another suggested a definition of “security incident.” Transportation security incident is defined by the MTSA, codified at 46 U.S.C. 70101, and in 33 CFR 101.105. Further guidance on what constitutes a TSI (as well as a “breach of security” or “suspicious activity”) is provided in NVIC 02-24. Revising the Definition of “Hazardous Condition” Multiple commenters addressed our request for input on whether we should amend the definition of “hazardous condition” in 33 CFR 160.202 by adding “cyber incidents.” The Coast Guard received several comments in favor of amending the definition of hazardous condition to include cyber incidents. Conversely, one commenter advised against including cyber incidents under the definition of hazardous condition in § 160.202. The commenter warned that doing so could lead to unnecessary sharing of sensitive information during cyber incidents, such as losing confidential data, that do not impact marine operations. The commenter recommended against additional reporting requirements beyond those mandated by CISA if cyber incidents are added to the definition of hazardous condition. Other commenters also suggested that the Coast Guard clarify the application of this definition to marine terminals and OCS facilities, as much of this section pertains to vessel requirements and may cause confusion. The Coast Guard concurs with the recommendations to include the term. Accordingly, we amended the definition of hazardous condition in that section to include the term cyber incident. Including the term cyber incident is a helpful example that adds clarity to the existing regulation in 33 CFR 160.202, which applies only to vessels. The Coast Guard recognizes that not all occurrences with a cyber aspect will create a hazardous condition, but believes the term's inclusion in the list of examples will be beneficial by highlighting that cybersecurity is an important consideration that operators should be cognizant of when assessing hazardous conditions. As discussed elsewhere in this preamble, the Coast Guard amended the definition of hazardous condition to include cyber incidents. The Coast Guard is not changing the applicability of § 160.203 to include facilities or OCS facilities because § 160.203 relates to the Notice of Arrival and Departure regulations for vessels. This clarification to the definition of hazardous condition is distinct from the new baseline cybersecurity requirements for MTSA-regulated entities. One commenter expressed concern with the NPRM's approach to requesting input on whether to define and use reportable cyber incident, and whether to amend the definition of “hazardous condition.” The commenter strongly advocated for harmonizing the reporting process, noting that owners and operators of U.S.-flagged vessels are already familiar with reporting to the NRC. They suggested that all cyber incidents should be reported through this channel, allowing the NRC to relay information to other Federal agencies as needed. The Administrative Procedure Act requires that we provide general notice of a proposed rulemaking, including notice of the terms or substance of a proposed rule or a description of the subjects and issues involved. 54 Asking the public to comment on specific items, in addition to the NPRM as whole, is a commonly accepted way to seek public participation in the rulemaking process. In fact, as discussed above, we received numerous comments responsive to our request. 54 5 U.S.C. 553(b)(3). D. Comments Related to Owner or Operator We received a series of comments about the responsibilities of the owner or operator for managing the Cybersecurity Plan. One commenter recommended assigning responsibilities to the operator to ensure compliance with applicable regulations for regulated facilities. One commenter recommended assigning overall responsibility for vessels to the company or organization (in this case, a Document of Compliance (DOC) holder) if the owner and operator of a vessel are separate entities. Another commenter recommended the term “owner and operator” be clarified to signify a single responsibility for the vessel (in this case, a DOC holder), OCS facility, or other facility owned or operated, based on IMO practice. We did not make changes in response to these recommendations. The Coast Guard desires consistency with the existing regulations and uses the term “owner or operator” as defined in § 101.105 throughout this final rule. The Coast Guard does not agree that further clarification of the term “owner or operator” is needed. The term owner or operator in this final rule is consistent with existing MTSA regulations, and it is unnecessary to specify further criteria for the entity with overall responsibility (such as requiring them to be holding a DOC). One commenter requested clarification of the differences between the roles and responsibilities of the owner or operator and the CySO as there are similar or overlapping roles to both. The roles and responsibilities of the CySO and owner or operator are clearly outlined in this final rule in §§ 101.625 and 101.620, respectively, and are in line with the existing relationships between the owner or operator, Vessel Security Officer (VSO), and Facility Security Officer (FSO) in existing regulations. While there is some overlap between the roles, any redundancy or overlap does not take away from the responsibilities of the CySO and owner or operator and enables the owner or operator to maintain oversight over the CySO position. One commenter recommended that the Coast Guard change the phrase “responsible for” to “accountable for” in § 101.620(a) when referring to owners and operators assigning security duties to other personnel. According to the commenter, this change would highlight the importance of how these roles will be staffed and implemented, indicating a more structured approach to accountability within the organization. The Coast Guard declined to make this change, as the term “responsible for” is consistent with existing language for VSOs, FSOs, and OCS FSOs in current regulations and is long-standing industry practice. One commenter questioned whether “person” as stated in § 101.620(b)(2) is synonymous with “role.” An owner or operator subject to this final rule is required to identify each person exercising cybersecurity duties and responsibilities. Any person having such duties and responsibilities would likewise have a “role.” Owners and operators should focus on the language of this final rule and identify each person, as stated. The Coast Guard is concerned that the necessary duties are properly assigned and performed. The particular manner which an entity identifies and assign those duties, whether by individual name or by role, is left to the entity's discretion. The Coast Guard encourages owners and operators to comply with the requirements under § 101.620(b)(2) consistent with how their U.S.-flagged, facility, OCS facility, or organization addresses similar requirements in their VSP, FSP, or OCS FSP. E. Comments Related to Cybersecurity Officer Some commenters stated that they did not believe that cybersecurity warrants another designation for security personnel, in this case a CySO, and felt that a specific cybersecurity plan was not needed. They recommended adding cybersecurity duties to existing responsibilities of the Company Security Officer (CSO) and VSO. Another commenter felt that the CySO position might be unnecessary and requested a process for waiving this requirement. Another commenter believed that this final rule should state the actions that an organization must take, rather than specifying the individual role that needs to accomplish those actions. They felt that organizations should be able to identify who that person would be for their organization, which may align to other positions or titles within their organization. The Coast Guard strongly believes that the present and evolving cybersecurity threats in the MTS require specific regulations to help prevent, mitigate, and respond to cybersecurity incidents and vulnerabilities. This final rule provides minimum cybersecurity requirements for a common cybersecurity baseline for regulated maritime entities. The threats and vulnerabilities addressed are not adequately covered by existing regulations. The requirements to designate a CySO and to develop a Cybersecurity Plan reflect the reality that cybersecurity threats, risks, and vulnerabilities exist in the MTS, and have the potential to significantly affect the safety and security of individual entities, as well as the MTS and other transportation critical infrastructure. The Coast Guard has determined that it is necessary to identify a specific CySO, similar to the identification of a VSO or FSO, that serves as the primary lead to organize these efforts within their U.S.-flagged vessel, facility, or OCS facility, to ensure that there is at least one representative focusing on and addressing the relevant requirements. Consistent with § 101.625, the CySO may perform other duties such as CSO, FSO, or VSO. It will be up to owners and operators of U.S.-flagged vessels, facilities, and OCS facilities to decide whether they need to designate a sole security officer that focuses exclusively on cybersecurity. One commenter stated that the requirements for cybersecurity should be directed at the executive level, and not create a CySO position to handle many of these requirements. The owner or operator has ultimate responsibility for compliance with this final rule. This includes the designating a CySO, as required by § 101.620(b)(3). It is the responsibility of each regulated entity to ensure their executive leadership is aligned with the CySO and other cybersecurity professionals. Placing full ownership of cybersecurity requirements on the owner or operator, without the designation of a CySO, would be burdensome to the owner or operator. The position of CySO ensures the regulated entity has personnel with the necessary professional expertise to address cybersecurity. Several commenters stated that the qualifications listed in these regulations did not fully encompass what would be required for a successful CySO position. Additionally, a commenter questioned the qualifications of the Coast Guard or a third-party organization to evaluate what is required of a specific organization's CySO. The commenter also suggested that either the Coast Guard or a third-party organization would be in a poor position to evaluate whether they meet the necessary qualifications. Another commenter stated that it could be difficult for small organizations to have someone on staff with these qualifications. This final rule presents minimum baseline requirements, including the requirements of a CySO for a U.S.-flagged vessel, facility, or OCS facility. The qualifications required serve as a baseline that should be attainable and easily evaluated by organizations of any size or complexity. Organizations are welcome to identify additional requirements, such as additional qualifications, that they would require of their CySO position as best suits their individual needs, so long as the minimum requirements of this final rule are met. It is up to the owner or operator of a U.S.-flagged vessel, facility, or OCS facility to determine that their candidate meets these requirements, and for the Coast Guard to evaluate whether the owner or operator met their required responsibilities in their review of the Cybersecurity Plan. The Coast Guard does not, and will not, have a role in an organization's hiring of new personnel or designation of new roles and responsibilities to existing personnel. These decisions are left up to the owner or operator. The Coast Guard has stated that the CySO can be an existing employee at a U.S.-flagged vessel, facility, or OCS facility. The Coast Guard will verify that a qualified CySO has been designated by the owner or operator according to this final rule. The Coast Guard recognizes that this final rule will result in costs incurred by industry. Failure to designate a CySO, as well as failure to comply with any other aspect of this final rule, would be subject to actions as determined by the COTP or other appropriate Coast Guard representative. One commenter asked the Coast Guard to clarify if the CySO must be a U.S. citizen. The Coast Guard does not impose citizenship requirements for the CySO position in this final rule. The Coast Guard may consider this issue in a subsequent rulemaking, as appropriate. Some commenters noted that for small operators, or those with limited resources, the CySO would likely be a collateral duty. Another commenter similarly commented that it was not reasonable to expect every owner or operator of a vessel to employ a cybersecurity expert, and that the CySO position requires too much specialized knowledge and too much time to be added to an existing position. Many small companies without an in-house IT department might have to rely on a third-party provider for all cybersecurity needs and protections. Consequently, the commenters were concerned that this final rule would impose unrealistic requirements and undue burdens on small operators. Some commenters requested that the Coast Guard clarify that a CySO could be someone designated at the corporate level. The Coast Guard notes in this final rule that the CySO designation may be given to an employee with other responsibilities consistent with § 101.625. The CySO role may be a collateral duty so long as all the requirements and responsibilities of the position are met. It is the responsibility of owners and operators to ensure that cybersecurity risks are managed and addressed, whether through in-house resources or through third-party services. While we understand the concerns regarding the potential burden of compliance, it is essential that cybersecurity requirements are met to safeguard the organization's assets and ultimately, maritime critical infrastructure and the MTS. Ensuring robust cybersecurity defenses is critical to protecting against potential threats and maintaining operational integrity. The Coast Guard developed these regulations, including the cybersecurity requirements, to enable owners and operators to identify a person who can manage the requirements, even if they must rely on other cybersecurity, IT, or OT professionals for more technical items in the rule. Regardless of the size of an organization itself, the size of their IT and OT footprint dictates how much a CySO will have to address. A company with a small IT or OT footprint would likewise be scaled towards fewer items that the CySO would be responsible for. A company with a larger IT or OT footprint would similarly require more of the CySO position, commensurate to the level of risk posed. The Coast Guard believes, therefore, that there would be little to no undue burden or unrealistic requirement of any regulated entity, as the level of cybersecurity actions required of the CySO directly correlates to their cyber footprint. The Coast Guard reiterates that this final rule allows for the designation of the CySO role to an existing employee at any level of the organization, so long as the requirements and responsibilities are met for each individual U.S.-flagged vessel, facility, or OCS facility. Some commenters requested that the Coast Guard recognize that a facility may designate an alternate CySO. Their concern is that, for a company with multiple facilities, one CySO may not have the knowledge or practical capability to effectively manage all of them. The Coast Guard revised the definition for Cybersecurity Officer in § 101.615 to clarify that the owner or operator must designate a CySO, but they also may designate an alternate CySO to assist in the duties and responsibilities at all times, including at times when the CySO may be away from the U.S.-flagged vessel, facility, or OCS facility. One commenter supports including the phrase “or equivalent job experience” to the CySO requirements. The Coast Guard agrees that the “or equivalent job experience” is an important phrase and maintains it as part of the final rule in § 101.625(e). Some commenters requested that we rename the CySO position from “CySO” to “Facility Cybersecurity Officer” due to potential confusion with other positions and titles, such as the Chief Information Security Officer (CISO) or other “C-Suite” personnel. These commenters expressed concern that the Coast Guard was introducing a term that has not previously been used by other agencies and offered alternative titles for the role. This final rule clearly defines the CySO position and differentiates it from other positions and titles at a U.S.-flagged vessel, facility, OCS facility, or organization. We do not agree with changing the name of the position in this final rule, especially as this applies specifically to U.S.-flagged vessels, facilities, and OCS facilities. We selected this term to differentiate from other roles identified in existing regulations, while clearly outlining the requirements of the position. If an owner or operator prefers to refer to the position by a different title within the organization, then they are free to do so as long as they explain the different title in their Cybersecurity Plan. One commenter expressed concern that this final rule does not address how the CySO is expected to interact with the CSO, and that the relationship between these two positions should be clearly defined. They stated that the CSO should have ultimate responsibility on all security-related matters, including cybersecurity, and that the CSO should approve the Cybersecurity Plan. The Coast Guard notes that the roles and responsibilities of the CSO are clearly outlined in existing regulations, and the roles and responsibilities of the CySO are clearly outlined in this final rule. Any interaction between the CySO and other security positions should be determined by the owner or operator at the U.S.-flagged vessel, facility, OCS facility, or organizational level, as appropriate. As long as statutory and regulatory requirements are met, it is the discretion of each owner or operator of U.S.-flagged vessel, facility, or OCS facility to determine how their employees interact. One commenter requested that specific criteria be developed for the CySO position to develop training programs. The commenter requested that Government-funded training courses be considered f [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2025-00708. Public record. Not legal advice.