TSA Proposes Pipeline and Railroad Cyber Risk Management Programs

The Transportation Security Administration last week published a Notice of Proposed Rulemaking that proposes to mandate cyber risk management and reporting requirements for certain surface transportation owners and operators.

“TSA has collaborated closely with its industry partners to increase the cybersecurity resilience of the nation’s critical transportation infrastructure,” TSA Administrator David Pekoske said in an announcement. “The requirements in the proposed rule seek to build on this collaborative effort and further strengthen the cybersecurity posture of surface transportation stakeholders. We look forward to industry and public input on this proposed regulation.”

This rule proposes to continue TSA’s commitment to performance-based requirements. Building on the performance-based cybersecurity requirements TSA previously issued via annual Security Directives since 2021, the proposed rule leverages the cybersecurity framework developed by the National Institute of Standards and Technology and the cross-sector cybersecurity performance goals developed by the Cybersecurity and Infrastructure Security Agency (CISA).

Consistent with these requirements and standards, this rule proposes:

• To require that certain pipeline, freight railroad, passenger railroad and rail transit owner/operators with higher cybersecurity risk profiles establish and maintain a comprehensive cyber risk management program
• To require these owner/operators, and higher-risk bus-only public transportation and over-the-road bus owner/operators, currently required to report significant physical security concerns to TSA to report cybersecurity incidents to CISA
• To extend to higher-risk pipeline owner/operators TSA’s current requirements for rail and higher-risk bus operations to designate a physical security coordinator and report significant physical security concerns to TSA

TSA officials contend that maintaining an effective cybersecurity posture is critical to ensuring the surface transportation sector is prepared for and can manage cyber risks.