1652-0055 Pipeline Operator Security Info SS 5-25-2016

INFORMATION COLLECTION SUPPORTING STATEMENT

Pipeline Operator Security Information

1652-0055

Exp. 7/31/2016

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information. (Annotate the CFR parts/sections affected).

Under the Aviation and Transportation Security Act (ATSA) (Pub. L. 107-71, 115 Stat. 597 (November 19, 2001)), and delegated authority from the Secretary of Homeland Security, TSA has broad responsibility and authority for “security in all modes of transportation * * * including security responsibilities * * * over modes of transportation that are exercised by the Department of Transportation.” See 49 U.S.C. 114(d).

Section 403(2) of the Homeland Security Act (HSA) of 2002 (Pub. L. 107-296, 116 Stat. 2178 (November 25, 2002)) transferred all functions of TSA, including those of the Secretary of Transportation and the Under Secretary of Transportation related to TSA, to the Secretary of Homeland Security. Pursuant to DHS Delegation Number 7060.2, the Secretary delegated to the Administrator of TSA, subject to the Secretary’s guidance and control, the authority vested in the Secretary with respect to TSA, including that in section 403(2) of the HSA.

Pipeline transportation is a mode over which TSA has jurisdiction. As part of its efforts to enhance the security of the nation’s pipeline systems, TSA issued Pipeline Security Guidelines in April 2011. See https://www.tsa.gov/for-industry/surface-transportation . The Guidelines, which provide explicit agency recommendations for pipeline industry security practices, were developed with the assistance of industry and government members of the Pipeline Sector and Government Coordinating Councils, industry association representatives, and other interested parties. Included in the Guidelines are recommendations for submission of information to TSA. In order to execute its security responsibilities within the pipeline industry, it is important for TSA to have knowledge of potential security incidents and suspicious activity within the mode.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

This voluntary collection was previously for two categories of information: pipeline operator contact data and security incident/suspicious activity information. However, TSA is revising the collection of information and will no longer collect the first category of requested information, the security manager contact information. Since OMB granted approval of the extension request of the ICR in July 10, 2014 (See ICR Ref. No. 201312-1652-001), a consolidated listing of contact information for pipeline industry security managers has been created and is available for use as recommended by the Guidelines. However, the agency will continue to collect the second category of requested information, the reporting of suspicious activities or security incident data to the TSA Transportation Security Operations Center (TSOC). As the lead Federal agency for pipeline security, TSA desires to be notified of all security incidents involving pipeline facilities or systems. TSA will use the security incident and suspicious activity information provided by operators for vulnerability identification/analysis and trend analysis. The information, with company-specific data redacted, may also be included in TSA’s intelligence-derived reports.

Appendix B of the TSA Pipeline Security Guidelines notes that as the lead Federal agency for pipeline security, TSA desires to be notified of all incidents which are indicative of a possible deliberate attempt to disrupt pipeline operations or activities that could be precursors to such an attempt. Examples of the types of incidents are provided in the guidelines.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden. [Effective 03/22/01, your response must SPECIFICALLY reference the Government Paperwork Elimination Act (GPEA), which addresses electronic filing and recordkeeping, and what you are doing to adhere to it. You must explain how you will provide a fully electronic reporting option by October 2003, or an explanation of why this is not practicable.]

In compliance with GPEA, a fully electronic reporting option is available for pipeline operators to provide suspicious incident information to TSA. Information regarding incidents which are indicative of a possible deliberate attempt to disrupt pipeline operations or activities that could be precursors to such an attempt may be submitted to the TSOC by email at [email protected].

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purpose(s) described in Item 2 above.

This collection effort will not duplicate the efforts of other agencies.

TSA desires information regarding all incidents that indicate a possible deliberate attempt to disrupt pipeline operations or activities that could be precursors to such an attempt. The Pipeline Security Guidelines recommend that pipeline companies notify the TSOC of security incidents and suspicious activities involving their systems.

The National Response Center (NRC) serves as the national point of contact for reporting all oil, chemical, radiological, biological, and etiological discharges into the environment anywhere in the United States and its territories. A limited number of pipeline facilities falling under the provisions of the Maritime Transportation Security Act (MTSA) are required to report suspicious activities to the NRC. Duplicative reporting could occur if an operator chose to make a voluntary report to TSOC in addition to the mandated NRC report. Given the small population of pipeline facilities that are subject to MTSA requirements, TSA does not anticipate a large volume of duplicate reporting to TSOC and NRC. That expectation is based on the actual incident reporting patterns TSA has observed from MTSA- regulated pipeline facilities. TSOC has coordinated with the NRC to obtain pipeline incident reports that may be of concern to TSA, in the event that a MTSA-regulated pipeline operator submits a report only to the NRC.

The NRC also receives reportable incidents involving hazardous materials regulated by the Pipeline and Hazardous Materials Safety Administration (PHMSA) of the Department of Transportation under 49 CFR part 191 for natural gas and other gases transported by pipeline and 49 CFR part 195 for liquids transported by pipeline.¹ Although the NRC does accept suspicious activity reports, this reporting is not the type of incident for which reporting is mandated under the pipeline regulations. To the extent that terrorist activity resulted in an incident meeting the reporting criteria of the PHMSA regulations, duplicative reporting could occur should an operator choose to contact both the NRC and TSOC. TSA does not anticipate that this will be a common event.

5. If the collection of information has a significant impact on a substantial number of small businesses or other small entities (Item 5 of the Paperwork Reduction Act submission form), describe the methods used to minimize burden.

This voluntary collection is not expected to have a significant impact on small businesses or other small entities.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

As the lead Federal agency for pipeline security, TSA must maintain situational awareness of the industry in order to execute its security responsibilities. TSOC is TSA's 24/7 coordination center during security incidents. If incident information is not reported, the ability of the TSOC to coordinate any required agency involvement/response to the event may be inhibited.

Additionally, if the information were not reported, TSA may not otherwise become aware of the incident, which would affect the ability of the agency to meet its statutory obligation to analyze potential threats across all modes. In turn, loss of this information would reduce the efficacy of the intelligence products developed by TSA for its industry and government partners. Currently, industry suspicious incident reported information is used by TSA for several reports, including the Transportation Security and Industry Report, Pipeline Threat Assessments, and Transportation Intelligence Notes. If the collection of suspicious incident information is not conducted, it may hinder TSA’s ability to produce intelligence documents of benefit to the pipeline industry as well as other transportation and government stakeholders.

7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with the general information collection guidelines in 5 CFR 1320.5(d)(2).

This voluntary collection will be conducted consistent with the information collection guidelines.

8. Describe efforts to consult persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d) soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

TSA published a Federal Register notice, with a 60-day comment period, of the following collection of information on February 25, 2016 (81 FR 9494) and a 30-day notice on May, 6, 2016 (81 FR 27461). TSA received no comments.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

No payment or gift will be provided to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

TSA assures respondents that portion of the collection that is deemed Sensitive Security Information (SSI) will be handled appropriately as described in 49 CFR parts 15 and 1520. Per the Privacy Act of 1974, contact information for pipeline security managers is handled and maintained in accordance with the System of Records Notices (SORNs) for DHS/ALL-002- Department of Homeland Security Mailing and Other Lists System, 73 FR 71659 (November 25, 2008); DHS/TSA-001 - Transportation Security Enforcement Record System, 78 FR 73868 (December 9, 2013); and DHS/TSA 011 - Transportation Security Intelligence Service Files, 75 FR 18867 (April 13, 2100). The collection is covered by Privacy Impact Assessment (PIA), DHS/TSA/PIA-029 - Operations Center Incident Management System Update. There is no assurance of confidentiality provided to the respondents.

11. Provide additional justification for any questions of sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.

No personal questions of a sensitive nature are posed.

12. Provide estimates of hour burden of the collection of information.

Reporting of pipeline security incidents will occur on an irregular basis. TSA estimates that approximately 60 incidents will be reported annually, requiring a maximum of 30 minutes (0.5 hours) to collect, review, and submit event information by the respondent’s Corporate Security Manager or equivalent. The annual burden hours is estimated at 30 hours. Based on the respondent’s Corporate Security Manager’s average hourly loaded wage rate of $88.20², TSA estimates a total cost of $2,646.00 (60 incidents x 0.5 hours x $88.20 per hour) annually.

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

TSA does not estimate a cost to the industry beyond the burden detailed in answer 12.

14. Provide estimates of annualized cost to the Federal Government. Also, provide a description of the method used to estimate cost, and other expenses that would not have been incurred without this collection of information.

The cost of this voluntary collection to the Federal Government is non-substantial. TSA estimates that approximately 60 incidents will be reported annually to TSOC, requiring a maximum of 30 minutes (0.5 hours) to process the information provided by the respondents. Based on a TSA employee average hourly loaded wage rate of $48.05³, TSA estimates a total cost of $1,441.50 (60 incidents x 0.5 hours x $48.05 per hour) annually to the Federal Government. Most of the surface incident calls taken by the TSOC are related to mass transit and passenger rail, freight rail, motor coach and maritime ports. Reported security incidents for Pipeline are small in comparison. For example, an average of 60 security incidents per year were reported telephonically to TSOC regarding Pipeline in CY2014 and CY2015.

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-I.

This voluntary collection was previously for two categories of information: pipeline operator contact data and security incident/suspicious activity information. However, TSA is revising the collection of information and will no longer collect the first category of requested information, the security manager contact information. Since OMB granted approval of the extension request of the ICR in July 10, 2014 (See ICR Ref. No. 201312-1652-001), a consolidated listing of contact information for pipeline industry security managers has been created and is available for use as recommended by the Pipeline Security Guidelines.

There are no changes to the actual security incident information being submitted to the TSOC.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

Suspicious activity and security incident information, in redacted form, may be published in TSA intelligence-derived reports, which are distributed to pipeline industry and government stakeholders with a need-to-know.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

Not applicable.

18. Explain each exception to the certification statement identified in Item 19, “Certification for Paperwork Reduction Act Submissions,” of OMB Form 83-I.

No exceptions noted.

1 For purposes of the PHMSA regulations, incidents are primarily related to safety concerns, including: release of hazardous materials that results in death or serious injury, property damage, and unintentional loss as well as events that result in an emergency shutdown and other significant events. See 49 CFR 191.3.

2 Loaded hourly wage rate from the US Bureau of Labor Statistics (http://www.bls.gov/oes/current/naics3_486000.htm#11-0000 ) Occupation Code 11-9199 for NAICS 486000 – “Pipeline Transportation;” $183,463 per year (includes a load factor of 54.3%).

3 H Band TSA personnel located at TSA HQ in Arlington, VA; $100,290 per year (includes 24.78% locality adjustment and a load factor of 28.11%). Source: TSA Financial Management Division.