Today, the Coast Guard published a notice of proposed rulemaking in the Federal Register (89 FR 13404-13514) on “Cybersecurity in the Marine Transportation System”. The proposed regulations would update the maritime security regulations by adding regulations specifically focused on establishing minimum cybersecurity requirements for U.S.-flagged vessels, Outer Continental Shelf facilities, and U.S. facilities subject to the Maritime Transportation Security Act of 2002 regulations. The proposed changes would add a new Subpart F, Cybersecurity, to 33 CFR 101, Maritime Security.
Definitions
Section 101.615 provides the definition for this new Subpart. Terms of interest include:
Critical (information or operational) technology,
Cyber incident,
Cyber incident response plan,
Cybersecurity vulnerability,
Exploitable channel,
Information system,
Multifactor authentication,
Operational technology,
Principle of least privilege,
Overview
The new Subpart F applies to owners and operators of:
U.S.-flagged vessels subject to 33 CFR part 104,
U.S. facilities subject to 33 CFR part 105, and
Outer Continental Shelf (OCS) facilities subject to 33 CFR part 106.
In general, the new §101.606 requires each owner/operator to:
Ensure a Cybersecurity Plan is developed, approved, and maintained,
Ensure that cybersecurity exercises, audits, and inspections, as well as the Cybersecurity Assessment, are conducted,
Ensure that the vessel, facility, or OCS facility operates in compliance with the approved Cybersecurity Plan,
Ensure the development, approval, and execution of the Cyber Incident Response Plan, and
Ensure all cyber incidents are reported to the National Response Center (NRC).
The new§101.650 provides descriptions of the following required security measures:
Account security measures,
Device security measures,
Data security measures,
Cybersecurity training for personnel,
Risk management,
Supply chain,
Network segmentation, and
Physical security.
Public Comments
The Coast Guard is soliciting public comments on the NPRM. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # USCG-2022-0802). Comments should be submitted by April 22nd, 2024.