Part 1239 Clauses 1252.239-72 and 1252-239-74

Forms and Documents

Document Name	Status
2105-XXXX SS for DOT TAR Group 2 - 1252.239-72 & 1252.239-74 - 31JAN2022.docx Supporting Statement A	2022-01-31

IC Document Collections

IC ID	Document Title	Status
251374	Part 1239 Clauses 1252.239-72 and 1252-239-74 Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202201-2105-003
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOT/OST	Agency Tracking No:
Title: Part 1239 Clauses 1252.239-72 and 1252-239-74
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: 02/03/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	145	0
Time Burden (Hours)	73	0
Cost Burden (Dollars)	2,416	0

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Abstract: As a result of proposed rule, RIN 2105-AE26: Streamline and Update the Department of Transportation Acquisition Regulation posted to the Federal Register, 86FR69452 on December 7, 2021, TAR Case 2020-001, this is a request from the Department of Transportation (DOT) for OMB approval of a new Information Collection (IC). Under Public Law 113-283, Federal Information Security Modernization Act of 2014, each agency of the Federal Government must provide security for the information and information systems that support the operations and assets of the agency, including those provided or managed by another agency, contractor, or other source. To comply with Public Law 113-283, Federal Information Security Modernization Act of 2014, DOT developed clauses 1252.239-72, Compliance with Safeguarding DOT Sensitive Data Controls, and 1252.239-74, Safeguarding DOT Sensitive Data and Cyber Incident Reporting. These clauses contain the following information collection requirements from the public: 1252.239-72, Compliance with Safeguarding DOT Sensitive Data Controls: Requires contractors to submit to the Government the submittal and approval(s) of current or previous NIST 800-171 Variance requests and approvals. 1252.239-74, Safeguarding DOT Sensitive Data and Cyber Incident Reporting: Requires contractors to submit to the Government— • Submittal and approval(s) of current or previous NIST 800-171 Variance requests and approvals, along with subcontractor reporting of the same; • Cyber incident reporting and assessment; and subcontractor reporting of the same; • Submittal of malicious software; and • Submittal of media images of known information systems and relevant monitoring / packet capture data.

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Authorizing Statute(s): PL: Pub.L. 113 - 283 1 Name of Law: Federal Information Security Modernization Act of 2014
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2105-AE26	Proposed rulemaking	86 FR 69542	12/07/2021

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Part 1239 Clauses 1252.239-72 and 1252-239-74

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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	145	0	0	145	0	0
Annual Time Burden (Hours)	73	0	0	73	0	0
Annual Cost Burden (Dollars)	2,416	0	0	2,416	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 ICR

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Annual Cost to Federal Government: $4,943

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: 02/03/2022

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