Computer Security Incident Notification Requirements

Forms and Documents

Document Name	Status
SPST-214 Computer Security Incident Notification FINAL RULEdocx.docx Supporting Statement A	2021-12-09

IC Document Collections

IC ID	Document Title	Status
245307	Service Provider Notification	Modified
245306	Notification Incident Reporting	Unchanged

ICR Details

OMB Control No: 3064-0214	ICR Reference No: 202111-3064-008
Status: Received in OIRA	Previous ICR Reference No: 202101-3064-001
Agency/Subagency: FDIC	Agency Tracking No:
Title: Computer Security Incident Notification Requirements
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/09/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	898	0
Time Burden (Hours)	2,694	0
Cost Burden (Dollars)	0	0

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Abstract: The Office of the Comptroller of the Currency (OCC), Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC) (collectively, the agencies) are issuing a notice of proposed rulemaking (the proposal or proposed rule) that would require a banking organization to notify its primary federal regulator upon the occurrence of a significant computer security incident. This notification requirement is intended to serve as an early alert to a banking organization’s primary federal regulator and is not intended to include an assessment of the incident. The proposed rule would allow a banking organization to authorize or contract with a bank service provider to allow the bank service provider to make the relevant notifications to the banking organization’s primary federal regulator on the banking organization’s behalf. Moreover, a bank service provider as defined herein and in accordance with the Bank Service Company Act (BSCA) would be required to notify affected banking organization customers within four hours of when it experiences a computer-security incident that it reasonably believes could disrupt, degrade, or impair services provided subject to the BSCA for four or more hours. “Bank service providers” would include both bank service companies and third-party service providers, under the BSCA.

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Authorizing Statute(s): US Code: 12 USC 1811 Name of Law: Federal Deposit Insurance Act
   US Code: 12 USC 1813 Name of Law: Federal Deposit Insurance Act
   US Code: 12 USC 1617 Name of Law: Federal Deposit Insurance Act
   US Code: 12 USC 1819 Name of Law: Federal Deposit Insurance Act
   US Code: 12 USC 1861-1867 Name of Law: Federal Deposit Insurance Act
   US Code: 12 USC 1463 Name of Law: Supervision of Savings Associations
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3064-AF59	Final or interim final rulemaking	86 FR 66424	11/23/2021

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Notification Incident Reporting
Service Provider Notification

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	898	0	0	898	0	0
Annual Time Burden (Hours)	2,694	0	0	2,694	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: New rule adopted that requires a banking organization to provide its primary federal regulator with prompt notification of any “computer-security incident” that rises to the level of a “notification incident” as defined in the rule. The rule requires such notification upon the occurrence of a notification incident as soon as possible and no later than 36 hours after the banking organization has determined that the incident occurred. This notification requirement is intended to serve as an early alert to a banking organization’s primary federal regulator and is not intended to provide an assessment of the incident. The rule allows a banking organization to authorize or contract with a bank service provider to allow the bank service provider to make the relevant notifications to the banking organization’s primary federal regulator on the banking organization’s behalf.

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Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/09/2021

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