Part 1239 Clauses 1252.239-76; 1252-239-77; 1252-239-80; 1252-239-83; 1252-239-85; and 1252-239-88.

Forms and Documents

Document Name	Status
2105-XXXX SS for DOT TAR Group 4 AE26 - 1252.239-76,77,80,83,85,88 -PR 86FR69452 31JAN2022.docx Supporting Statement A	2022-02-01

IC Document Collections

IC ID	Document Title	Status
251390	Part 1239 Clauses 1252.239-76; 1252-239-77; 1252-239-80; 1252-239-83; 1252-239-85; and 1252-239-88 Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202202-2105-002
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOT/OST	Agency Tracking No:
Title: Part 1239 Clauses 1252.239-76; 1252-239-77; 1252-239-80; 1252-239-83; 1252-239-85; and 1252-239-88.
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	534	0
Time Burden (Hours)	338	0
Cost Burden (Dollars)	11,221	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. In order for DOT to comply with Public Law 113-283, Federal Information Security Modernization Act of 2014, DOT developed the following clauses: • 1252.239-76, Cloud Computing Services. • 1252.239-77, Data Jurisdiction. • 1252.239-80, Audit Record Retention for Cloud Service Providers. • 1252.239-83, Incident Reporting Timeframes. • 1252.239-85, Personnel Screening—Background Investigations. • 1252.239-88, Security Alerts, Advisories, and Directives. These clauses contain the following information collection requirements from the public: 1252.239-76, Cloud Computing Services: • Notification of new or unanticipated threats or hazards, or if existing safeguards have ceased to function • Providing results of vendor-conducted scans or audits • Cyber incident reporting and assessment • Malicious software submittal • Media images of known information systems and relevant monitoring / packet capture data 1252.239-77, Data Jurisdiction: • Identifying all data centers that data at rest or data back-up resides, including primary and replicated storage   1252.239-80, Audit Record Retention for Cloud Service Providers: • Transfer of permanent records to NARA or deletion of temporary records and reporting of same 1252.239-83, Incident Reporting Timeframes: • Cyber incident reporting 1252.239-85, Personnel Screening—Background Investigations: • Furnish documentation reflecting favorable adjudication of background investigations 1252.239-88, Security Alerts, Advisories, and Directives: • Provide list of personnel assigned system administration, monitoring, and / or security responsibilities and designated to receive security alerts, advisories, and directives and those personnel responsible for implementation of remedial actions associated with them

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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 69452	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 1252.239-76; 1252-239-77; 1252-239-80; 1252-239-83; 1252-239-85; and 1252-239-88

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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	534	0	0	534	0	0
Annual Time Burden (Hours)	338	0	0	338	0	0
Annual Cost Burden (Dollars)	11,221	0	0	11,221	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: $13,233

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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