Computer Security Incident Notification Requirements

ICR 202111-3064-008

OMB: 3064-0214

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2021-12-09
IC Document Collections
IC ID
Document
Title
Status
245307
Modified
245306
Unchanged
ICR Details
3064-0214 202111-3064-008
Received in OIRA 202101-3064-001
FDIC
Computer Security Incident Notification Requirements
New collection (Request for a new OMB Control Number)   No
Regular 12/09/2021
  Requested Previously Approved
36 Months From Approved
898 0
2,694 0
0 0

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.

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
  
None

3064-AF59 Final or interim final rulemaking 86 FR 66424 11/23/2021

Yes

2
IC Title Form No. Form Name
Notification Incident Reporting
Service Provider Notification

  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
Yes
Changing Regulations
No
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.

No
    No
    No
No
No
No
No
Manuel Cabeza 202 898-3781 mcabeza@fdic.gov

  No

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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
12/09/2021


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