80_FR_76256 80 FR 76022 - Moving Forward: Collaborative Approaches to Medical Device Cybersecurity; Public Workshop; Request for Comments

80 FR 76022 - Moving Forward: Collaborative Approaches to Medical Device Cybersecurity; Public Workshop; Request for Comments

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 234 (December 7, 2015)

Page Range76022-76025
FR Document2015-30772

The Food and Drug Administration (FDA) is announcing the following public workshop entitled ``Moving Forward: Collaborative Approaches to Medical Device Cybersecurity.'' FDA, in collaboration with the National Health Information Sharing Analysis Center (NH-ISAC), the Department of Health and Human Services, and the Department of Homeland Security, seek to bring together diverse stakeholders to discuss complex challenges in medical device cybersecurity that impact the medical device ecosystem. The purpose of this workshop is to highlight past collaborative efforts; increase awareness of existing maturity models (i.e. frameworks leveraged for benchmarking an organization's processes) which are used to evaluate cybersecurity status, standards, and tools in development; and to engage the multi- stakeholder community in focused discussions on unresolved gaps and challenges that have hampered progress in advancing medical device cybersecurity.

Federal Register, Volume 80 Issue 234 (Monday, December 7, 2015)
[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 76022-76025]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30772]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1286]


Moving Forward: Collaborative Approaches to Medical Device 
Cybersecurity; Public Workshop; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing the 
following public workshop entitled ``Moving Forward: Collaborative 
Approaches to Medical Device Cybersecurity.'' FDA, in collaboration 
with the National Health Information Sharing Analysis Center (NH-ISAC), 
the Department of Health and Human Services, and the Department of 
Homeland Security, seek to bring together diverse stakeholders to 
discuss complex challenges in medical device cybersecurity that impact 
the medical device ecosystem. The purpose of this workshop is to 
highlight past collaborative efforts; increase awareness of existing 
maturity models (i.e. frameworks leveraged for benchmarking an 
organization's processes) which are used to evaluate cybersecurity 
status, standards, and tools in development; and to engage the multi-
stakeholder community in focused discussions on unresolved gaps and 
challenges that have hampered progress in advancing medical device 
cybersecurity.

DATES: The public workshop will be held January 20-21, 2016, from 9 
a.m. to 5:30 p.m. Submit either electronic or written comments on the 
public workshop by February 22, 2016.

ADDRESSES: The public workshop will be held at the FDA White Oak 
Campus, 10903 New Hampshire Ave., Building 31 Conference Center, the 
Great Room, (Rm. 1503), Silver Spring, MD 20993-0002. Entrance for the 
public meeting participants (non-FDA employees) is through Building 1 
where routine security check procedures will be performed. For parking 
and security information, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.

[[Page 76023]]

    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions
    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2014-N-1286 for ``Moving Forward: Collaborative Approaches to 
Medical Device Cybersecurity.'' Received comments will be placed in the 
docket and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at http://www.regulations.gov or at the Division of 
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION''. The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Suzanne Schwartz, Food and Drug 
Administration, Center for Devices and Radiological Health, 10903 New 
Hampshire Ave., Bldg. 66, Rm. 5428, Silver Spring, MD 20993, 301-796-
6937, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Effective medical device cybersecurity to assure device safety and 
functionality has become more important with the increasing use of 
wireless, Internet- and network-connected devices, and the frequent 
electronic exchange of medical device-related health information. As 
medical devices become more connected and interoperable, the potential 
for exploit of device vulnerabilities, whether intentional or not, 
increases. Rather than impacting a single device or single system, 
multiple devices or an entire hospital network may be compromised. In 
the past, the Healthcare and Public Health (HPH) sector has been the 
target of many attempts at intrusion. Protecting the HPH critical 
infrastructure from attack by strengthening cybersecurity is a high 
priority for the Federal government. Cybersecurity is the subject of 
recent Executive Orders focused on enhancing the cybersecurity of 
critical infrastructure (E.O. 13636) (Ref. 1) and increasing 
cybersecurity information sharing (E.O. 13691) (Ref. 2). Furthermore, 
Presidential Policy Directive 21 tasks the Federal government to work 
together with the private sector in order to strengthen the security 
and resilience of critical infrastructure against physical and cyber 
threats (Ref. 3). This public workshop will bring together diverse 
stakeholders from the public and private sector to discuss the current 
state of medical device cybersecurity, including its evolution over the 
past 12 months. Moreover, the workshop plans to provide a vision for 
the desired state of medical device cybersecurity through ongoing 
collaboration and new partnerships over the next 12 months. Meeting 
participants are encouraged to formulate strategies and feasible action 
plans to address gaps, such as management of vulnerabilities in legacy 
devices. These diverse stakeholders include, but are not limited to: 
Medical device manufacturers; healthcare facilities and personnel 
(e.g., healthcare providers, biomedical engineers, IT system 
administrators); professional and trade organizations including medical 
device cybersecurity consortia; patient groups; insurance providers; 
cybersecurity researchers; local, State, and Federal Governments; and 
information security firms.
    A voluntary, risk-based framework for achieving enhanced 
cybersecurity was developed by the National Institute of Standards and 
Technology (NIST) in collaboration with external public and private 
sector partners (Ref. 4). Since its release in February 2014, the 
``Framework for Improving Critical Infrastructure Cybersecurity'' 
(Framework) has been leveraged by entities within the HPH sector to 
better manage and reduce cybersecurity risks. This workshop aims to 
highlight some of the ways that the Framework has been employed to 
better understand, manage, communicate, and mitigate medical device 
cybersecurity risks across the medical device total product lifecycle.
    Medical device cybersecurity vulnerabilities, if exploited, may 
result in device malfunction, disruption of healthcare services 
including treatment interventions, inappropriate access to patient 
information, or compromised electronic health record data integrity.

[[Page 76024]]

Such outcomes could have a profound impact on patient care and safety. 
In the last few years, HPH sector stakeholders have been engaged in 
many collaborative activities that seek to strengthen medical device 
cybersecurity and, therefore, enhance patient safety. FDA has 
contributed to these efforts through guidance, multi-stakeholder 
engagement, outreach, and by hosting a 2014 public workshop on 
cybersecurity (Ref. 5). The 2016 public workshop announced in this 
Federal Register notice will build upon previous work by featuring some 
of the collaborative efforts that address medical device cybersecurity 
through education and training, information sharing, standards, risk 
assessment, and tools development.
    Though progress is evident, key hurdles continue to impede 
maturation of the HPH community's cybersecurity posture. This workshop 
seeks to increase awareness among stakeholders and create a common 
understanding of potential threats and vulnerabilities, as well as to 
present proactive preventative measures that may be universally 
employed as best practices and good cyber hygiene. The workshop also 
aims to facilitate extensive dialogue and articulate paths forward in 
the critical areas of information sharing, coordinated vulnerability 
disclosure and vulnerability management, and the Common Vulnerability 
Scoring System (CVSS). Information sharing continues to be a challenge 
as stakeholders work to define processes to create a trusted 
environment. Coordinated vulnerability disclosure is an important 
component of information sharing. Proactively identifying, assessing, 
and managing medical device vulnerabilities before they are exploited 
is one way to protect against potential patient harm. Vulnerabilities 
may be identified by the device manufacturer as well as by external 
entities such as healthcare facilities, cybersecurity researchers, and 
other sectors of critical infrastructure. As described in International 
Organization for Standardization/International Electrotechnical 
Commission 29147:2014, ``Coordinated disclosure, also known as 
responsible disclosure, is a vulnerability disclosure model in which 
all stakeholders agree to delay publishing vulnerability details for an 
agreed-upon period of time, generally after a patch to mitigate the 
vulnerability is available. The model includes steps that simplify the 
otherwise-complex, back-and-forth communications between the 
vulnerability finder and the affected manufacturer'' (Ref. 6). 
Coordinated disclosure is just one aspect of vulnerability management. 
Understanding how a vulnerability may affect device functionality, 
assessing the vulnerability impact across multiple product types, and 
identifying mitigations that may be employed until a permanent fix may 
be implemented are all critical components of vulnerability management 
that should be addressed throughout the medical device total product 
lifecycle. This workshop provides an opportunity for stakeholders to 
explore implementation of coordinated vulnerability disclosure and 
vulnerability management, including existing standards, models, best 
practices, and lessons learned in this area.
    One of the tools that manufacturers or healthcare facilities may 
use to assess and manage the impact of vulnerability is CVSS. CVSS is a 
risk assessment tool that provides an open and standardized method for 
rating information technology vulnerabilities. However, incorporating 
CVSS into medical device vulnerability assessments has proven to be a 
challenge in that it does not directly incorporate patient risk and 
public health impact factors. This workshop encourages robust dialogue 
on how CVSS might be adapted for medical devices and how considerations 
of the use environment might be incorporated in a more standardized 
manner into medical device CVSS scores.

II. Topics for Discussion at the Public Workshop

    The public workshop sessions are designed to incorporate the 
following general themes:
     Envisioning a roadmap for coordinated vulnerability 
disclosure and vulnerability management as part of the broader effort 
to create a trusted environment for information sharing.
    [cir] How might the stakeholder community create incentives to 
encourage stakeholder participation?
    [cir] What do individual stakeholders need to understand and be 
aware of regarding coordinated disclosure?
    [cir] What current tools and models presently exist that may aid 
stakeholders in implementing disclosure and vulnerability management?
    [cir] How can the security researcher community work in 
collaboration with HPH stakeholders to identify, assess, and mitigate 
vulnerabilities?
     Sharing FDA's current thinking on the implementation of 
the Framework in the medical device total product lifecycle.
     Adapting cybersecurity and/or risk assessment tools such 
as CVSS for the medical device operational environment.
     Adapting and/or implementing existing cybersecurity 
standards for medical devices.
     Understanding the challenges that manufacturers face as 
they increase collaboration with external third parties (cybersecurity 
researchers, Information Sharing and Analysis Organizations (ISAOs), 
and end users), to resolve cybersecurity vulnerabilities that impact 
their devices. Note that an ISAO is a group created to gather, analyze, 
and disseminate critical infrastructure information (Ref. 7).
     Gaining situational awareness of the current activities in 
the HPH sector to enhance medical device cybersecurity.
     Identifying cybersecurity gaps and challenges that persist 
in the medical device ecosystem and begin crafting action plans to 
address them.
    Registration: Registration is free and available on a first-come, 
first-served basis. Persons interested in attending this public 
workshop must register online by January 13, 2016, at 4 p.m. Early 
registration is recommended because facilities are limited and, 
therefore, FDA may limit the number of participants from each 
organization. If time and space permits, onsite registration on the day 
of the public workshop will be provided beginning at 8 a.m.
    If you need special accommodations due to a disability, please 
contact Susan Monahan, Center for Devices and Radiological Health, 
Office of Communication and Education, 301-796-5661 or email: 
[email protected] no later than January 7, 2016.
    Please provide complete contact information for each attendee, 
including name, title, affiliation, email, and telephone number. Those 
without Internet access should contact Susan Monahan to register. 
Registrants will receive confirmation after they have been accepted. 
You will be notified if you are on a waiting list.
    Streaming Webcast of the Public Workshop: This public workshop will 
also be Webcast. The Webcast link will be available on the registration 
Web page after January 13, 2016. Please visit FDA's Medical Devices 
News & Events--Workshops & Conferences calendar at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. Select this 
meeting/public workshop from the posted events list. If you have never 
attended a Connect Pro event before, test your connection at https://collaboration.fda.gov/common/help/en/support/meeting_test.htm. To get a

[[Page 76025]]

quick overview of the Connect Pro program, visit http://www.adobe.com/go/connectpro_overview. FDA has verified the Web site addresses in this 
document, but FDA is not responsible for any subsequent changes to the 
Web site after this document publishes in the Federal Register.
    Transcripts: Please be advised that as soon as a transcript is 
available, it will be accessible at http://www.regulations.gov. It may 
be viewed at the Division of Dockets Management (see ADDRESSES). A 
transcript will also be available in either hardcopy or on CD-ROM, 
after submission of a Freedom of Information request. The Freedom of 
Information office address is available on the Agency's Web site at 
http://www.fda.gov. A link to the transcripts will also be available 
approximately 45 days after the public workshop on the Internet at 
http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. (Select this public workshop from the posted events list).

III. References

    The following references are on display in the Division of Dockets 
Management (see ADDRESSES) and are available for viewing by interested 
persons between 9 a.m. and 4 p.m., Monday through Friday; they are also 
available electronically at http://www.regulations.gov. FDA has 
verified the Web site addresses, as of the date this document publishes 
in the Federal Register, but Web sites are subject to change over time.

1. Executive Order 13636, ``Improving Critical Infrastructure 
Cybersecurity,'' February 19, 2013 (http://www.thefederalregister.org/fdsys/pkg/FR-2013-02-19/pdf/2013-03915.pdf).
2. Executive Order 13691, ``Promoting Private Sector Cybersecurity 
Information Sharing,'' February 13, 2015 (http://www.thefederalregister.org/fdsys/pkg/FR-2015-02-20/pdf/2015-03714.pdf).
3. Presidential Policy Directive 21, ``Critical Infrastructure 
Security and Resilience,'' February 12, 2013 (http://www.whitehouse.gov/the-press-office/2013/02/12/presidential-policy-directive-critical-infrastructure-security-and-resil).
4. National Institute of Standards and Technology (NIST), 
``Framework for Improving Critical Infrastructure Cybersecurity,'' 
version 1, February 12, 2014 (http://www.nist.gov/cyberframework/upload/cybersecurity-framework-021214-final.pdf).
5. Food and Drug Administration, ``Public Workshop--Collaborative 
Approaches for Medical Device and Healthcare Cybersecurity, October 
21-22, 2014.'' October 11, 2015 (http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/ucm412979.htm).
6. ``ISO/IEC 29147:2014--Information Technology--Security 
Techniques--Vulnerability Disclosure,'' (http://www.iso.org/iso/catalogue_detail.htm?csnumber=45170).
7. Department of Homeland Security, ``Frequently Asked Questions 
About Information Sharing and Analysis Organizations (ISAOs),'' 
November 17, 2015 (http://www.dhs.gov/isao-faq).

    Dated: December 2, 2015.
Peter Lurie,
Associate Commissioner for Public Health Strategy and Analysis.
[FR Doc. 2015-30772 Filed 12-4-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                  76022                               Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices

                                                  Demonstration Projects’’ study. This                                   serve domestic victims of human                          interviews will include follow up
                                                  notice addresses the cross-site process                                trafficking, as well as evaluation                       interviews. Interviews from multiple
                                                  evaluation to be conducted with the FY                                 strategies for future programs targeting                 perspectives will enhance the
                                                  2015 domestic human trafficking                                        trafficking victims.                                     government’s understanding of
                                                  demonstration sites funded by the                                         The evaluation of domestic human                      strategies by which grantees can
                                                  Family and Youth Services Bureau                                       trafficking demonstration projects will                  identify, engage and serve diverse
                                                  (FYSB).                                                                document and describe each site’s                        populations of victims of sever forms of
                                                     The objective of the process                                        community and organizational capacity;                   human trafficking.
                                                  evaluation is to describe program                                      partnership composition and
                                                  operations and implementation                                          functioning; comprehensive, victim-                         Respondents: Case managers at the
                                                  experience, such as start-up efforts,                                  centered services; and survivor                          three FY 2015 FYSB funded
                                                  service provision to a wide array of                                   characteristics, experiences, and                        demonstration projects; staff (e.g.,
                                                  trafficking victims, collaboration                                     outcomes. Primary data for the                           program managers and directors) from
                                                  development, training, and                                             evaluation will be collected via                         partner organizations that are working
                                                  sustainability actions. Information from                               qualitative interviews, including key                    with the three FY 2015 FYSB-funded
                                                  the evaluation will assist federal, state,                             informant interviews, case narrative                     demonstration projects; and clients who
                                                  and community policymakers and                                         interviews and client interviews. Data                   have received services from the three FY
                                                  funders in laying the groundwork for                                   will be collected in two waves, during                   2015 FYSB-funded demonstration
                                                  the refinement of program models to                                    2016 and 2017. Only the case narrative                   projects.

                                                                                                                                  ANNUAL BURDEN ESTIMATES
                                                                                                                                                                 Annual           Number of           Average
                                                                                                                                            Total number                                                           Annual burden
                                                                                    Instrument                                                                 number of        responses per       burden hours
                                                                                                                                           of respondents                                                             hours
                                                                                                                                                              respondents         respondent        per response

                                                  Partner Interviews ................................................................                    30                15                1              1.25             19
                                                  Case Manger Interview ........................................................                         30                15                1              1.25             19
                                                  Case Narrative Interview .....................................................                         30                15                1                 1             15
                                                  Client Interview ....................................................................                  30                15                1                 1             15
                                                  Project Director Interview .....................................................                        6                 3                1                 2              6



                                                    Estimated Total Annual Burden                                        other forms of information technology.                   Homeland Security, seek to bring
                                                  Hours: 74.                                                             Consideration will be given to                           together diverse stakeholders to discuss
                                                    In compliance with the requirements                                  comments and suggestions submitted                       complex challenges in medical device
                                                  of Section 3506(c)(2)(A) of the                                        within 60 days of this publication.                      cybersecurity that impact the medical
                                                  Paperwork Reduction Act of 1995, the                                                                                            device ecosystem. The purpose of this
                                                                                                                         Robert Sargis,
                                                  Administration for Children and                                                                                                 workshop is to highlight past
                                                                                                                         ACF Certifying Officer.                                  collaborative efforts; increase awareness
                                                  Families is soliciting public comment
                                                                                                                         [FR Doc. 2015–30742 Filed 12–4–15; 8:45 am]              of existing maturity models (i.e.
                                                  on the specific aspects of the
                                                  information collection described above.                                BILLING CODE 4184–01–P                                   frameworks leveraged for benchmarking
                                                  Copies of the proposed collection of                                                                                            an organization’s processes) which are
                                                  information can be obtained and                                                                                                 used to evaluate cybersecurity status,
                                                                                                                         DEPARTMENT OF HEALTH AND                                 standards, and tools in development;
                                                  comments may be forwarded by writing                                   HUMAN SERVICES
                                                  to the Administration for Children and                                                                                          and to engage the multi-stakeholder
                                                  Families, Office of Planning, Research                                 Food and Drug Administration                             community in focused discussions on
                                                  and Evaluation, 330 C Street SW.,                                                                                               unresolved gaps and challenges that
                                                  Washington, DC 20201, Attn: OPRE                                       [Docket No. FDA–2014–N–1286]                             have hampered progress in advancing
                                                  Reports Clearance Officer. Email                                                                                                medical device cybersecurity.
                                                  address: OPREinfocollection@                                           Moving Forward: Collaborative                            DATES: The public workshop will be
                                                  acf.hhs.gov. All requests should be                                    Approaches to Medical Device                             held January 20–21, 2016, from 9 a.m.
                                                  identified by the title of the information                             Cybersecurity; Public Workshop;                          to 5:30 p.m. Submit either electronic or
                                                  collection.                                                            Request for Comments                                     written comments on the public
                                                    The Department specifically requests                                 AGENCY:          Food and Drug Administration,           workshop by February 22, 2016.
                                                  comments on (a) whether the proposed                                   HHS.                                                     ADDRESSES: The public workshop will
                                                  collection of information is necessary                                 ACTION: Notice of public workshop;                       be held at the FDA White Oak Campus,
                                                  for the proper performance of the                                      request for comments.                                    10903 New Hampshire Ave., Building
                                                  functions of the agency, including                                                                                              31 Conference Center, the Great Room,
                                                  whether the information shall have                                     SUMMARY:   The Food and Drug                             (Rm. 1503), Silver Spring, MD 20993–
                                                  practical utility; (b) the accuracy of the                             Administration (FDA) is announcing the                   0002. Entrance for the public meeting
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  agency’s estimate of the burden of the                                 following public workshop entitled                       participants (non-FDA employees) is
                                                  proposed collection of information; (c)                                ‘‘Moving Forward: Collaborative                          through Building 1 where routine
                                                  the quality, utility, and clarity of the                               Approaches to Medical Device                             security check procedures will be
                                                  information to be collected; and (d)                                   Cybersecurity.’’ FDA, in collaboration                   performed. For parking and security
                                                  ways to minimize the burden of the                                     with the National Health Information                     information, please refer to http://www.
                                                  collection of information on                                           Sharing Analysis Center (NH–ISAC), the                   fda.gov/AboutFDA/WorkingatFDA/
                                                  respondents, including through the use                                 Department of Health and Human                           BuildingsandFacilities/WhiteOak
                                                  of automated collection techniques or                                  Services, and the Department of                          CampusInformation/ucm241740.htm.


                                             VerDate Sep<11>2014        18:36 Dec 04, 2015       Jkt 238001      PO 00000       Frm 00064     Fmt 4703   Sfmt 4703   E:\FR\FM\07DEN1.SGM   07DEN1


                                                                              Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices                                             76023

                                                     You may submit comments as                           information you claim to be confidential              attempts at intrusion. Protecting the
                                                  follows:                                                with a heading or cover note that states              HPH critical infrastructure from attack
                                                  Electronic Submissions                                  ‘‘THIS DOCUMENT CONTAINS                              by strengthening cybersecurity is a high
                                                     Submit electronic comments in the                    CONFIDENTIAL INFORMATION’’. The                       priority for the Federal government.
                                                  following way:                                          Agency will review this copy, including               Cybersecurity is the subject of recent
                                                     • Federal eRulemaking Portal: http://                the claimed confidential information, in              Executive Orders focused on enhancing
                                                  www.regulations.gov. Follow the                         its consideration of comments. The                    the cybersecurity of critical
                                                  instructions for submitting comments.                   second copy, which will have the                      infrastructure (E.O. 13636) (Ref. 1) and
                                                  Comments submitted electronically,                      claimed confidential information                      increasing cybersecurity information
                                                  including attachments, to http://                       redacted/blacked out, will be available               sharing (E.O. 13691) (Ref. 2).
                                                  www.regulations.gov will be posted to                   for public viewing and posted on http://              Furthermore, Presidential Policy
                                                  the docket unchanged. Because your                      www.regulations.gov. Submit both                      Directive 21 tasks the Federal
                                                  comment will be made public, you are                    copies to the Division of Dockets                     government to work together with the
                                                  solely responsible for ensuring that your               Management. If you do not wish your                   private sector in order to strengthen the
                                                  comment does not include any                            name and contact information to be                    security and resilience of critical
                                                  confidential information that you or a                  made publicly available, you can                      infrastructure against physical and
                                                  third party may not wish to be posted,                  provide this information on the cover                 cyber threats (Ref. 3). This public
                                                                                                          sheet and not in the body of your                     workshop will bring together diverse
                                                  such as medical information, your or
                                                                                                          comments and you must identify this                   stakeholders from the public and private
                                                  anyone else’s Social Security number, or
                                                                                                          information as ‘‘confidential.’’ Any                  sector to discuss the current state of
                                                  confidential business information, such
                                                                                                          information marked as ‘‘confidential’’                medical device cybersecurity, including
                                                  as a manufacturing process. Please note
                                                                                                          will not be disclosed except in                       its evolution over the past 12 months.
                                                  that if you include your name, contact
                                                                                                          accordance with 21 CFR 10.20 and other                Moreover, the workshop plans to
                                                  information, or other information that
                                                                                                          applicable disclosure law. For more                   provide a vision for the desired state of
                                                  identifies you in the body of your
                                                                                                          information about FDA’s posting of                    medical device cybersecurity through
                                                  comments, that information will be
                                                                                                          comments to public dockets, see 80 FR                 ongoing collaboration and new
                                                  posted on http://www.regulations.gov.
                                                                                                          56469, September 18, 2015, or access                  partnerships over the next 12 months.
                                                     • If you want to submit a comment
                                                                                                          the information at: http://www.fda.gov/               Meeting participants are encouraged to
                                                  with confidential information that you
                                                                                                          regulatoryinformation/dockets/                        formulate strategies and feasible action
                                                  do not wish to be made available to the
                                                                                                          default.htm.                                          plans to address gaps, such as
                                                  public, submit the comment as a
                                                                                                             Docket: For access to the docket to                management of vulnerabilities in legacy
                                                  written/paper submission and in the                                                                           devices. These diverse stakeholders
                                                  manner detailed (see ‘‘Written/Paper                    read background documents or the
                                                                                                          electronic and written/paper comments                 include, but are not limited to: Medical
                                                  Submissions’’ and ‘‘Instructions’’).                                                                          device manufacturers; healthcare
                                                  Written/Paper Submissions                               received, go to http://
                                                                                                          www.regulations.gov and insert the                    facilities and personnel (e.g., healthcare
                                                     Submit written/paper submissions as                                                                        providers, biomedical engineers, IT
                                                  follows:                                                docket number, found in brackets in the
                                                                                                          heading of this document, into the                    system administrators); professional and
                                                     • Mail/Hand delivery/Courier (for                                                                          trade organizations including medical
                                                  written/paper submissions): Division of                 ‘‘Search’’ box and follow the prompts
                                                                                                          and/or go to the Division of Dockets                  device cybersecurity consortia; patient
                                                  Dockets Management (HFA–305), Food                                                                            groups; insurance providers;
                                                  and Drug Administration, 5630 Fishers                   Management, 5630 Fishers Lane, Rm.
                                                                                                          1061, Rockville, MD 20852.                            cybersecurity researchers; local, State,
                                                  Lane, Rm. 1061, Rockville, MD 20852.                                                                          and Federal Governments; and
                                                     • For written/paper comments                         FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                information security firms.
                                                  submitted to the Division of Dockets                    Suzanne Schwartz, Food and Drug                          A voluntary, risk-based framework for
                                                  Management, FDA will post your                          Administration, Center for Devices and                achieving enhanced cybersecurity was
                                                  comment, as well as any attachments,                    Radiological Health, 10903 New                        developed by the National Institute of
                                                  except for information submitted,                       Hampshire Ave., Bldg. 66, Rm. 5428,                   Standards and Technology (NIST) in
                                                  marked and identified, as confidential,                 Silver Spring, MD 20993, 301–796–                     collaboration with external public and
                                                  if submitted as detailed in                             6937, Suzanne.Schwartz@fda.hhs.gov.                   private sector partners (Ref. 4). Since its
                                                  ‘‘Instructions.’’                                       SUPPLEMENTARY INFORMATION:                            release in February 2014, the
                                                     Instructions: All submissions received                                                                     ‘‘Framework for Improving Critical
                                                  must include the Docket No. FDA–                        I. Background
                                                                                                                                                                Infrastructure Cybersecurity’’
                                                  2014–N–1286 for ‘‘Moving Forward:                          Effective medical device cybersecurity             (Framework) has been leveraged by
                                                  Collaborative Approaches to Medical                     to assure device safety and functionality             entities within the HPH sector to better
                                                  Device Cybersecurity.’’ Received                        has become more important with the                    manage and reduce cybersecurity risks.
                                                  comments will be placed in the docket                   increasing use of wireless, Internet- and             This workshop aims to highlight some
                                                  and, except for those submitted as                      network-connected devices, and the                    of the ways that the Framework has
                                                  ‘‘Confidential Submissions,’’ publicly                  frequent electronic exchange of medical               been employed to better understand,
                                                  viewable at http://www.regulations.gov                  device-related health information. As                 manage, communicate, and mitigate
                                                  or at the Division of Dockets                           medical devices become more                           medical device cybersecurity risks
                                                  Management between 9 a.m. and 4 p.m.,                   connected and interoperable, the                      across the medical device total product
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                                                  Monday through Friday.                                  potential for exploit of device                       lifecycle.
                                                     • Confidential Submissions—To                        vulnerabilities, whether intentional or                  Medical device cybersecurity
                                                  submit a comment with confidential                      not, increases. Rather than impacting a               vulnerabilities, if exploited, may result
                                                  information that you do not wish to be                  single device or single system, multiple              in device malfunction, disruption of
                                                  made publicly available, submit your                    devices or an entire hospital network                 healthcare services including treatment
                                                  comments only as a written/paper                        may be compromised. In the past, the                  interventions, inappropriate access to
                                                  submission. You should submit two                       Healthcare and Public Health (HPH)                    patient information, or compromised
                                                  copies total. One copy will include the                 sector has been the target of many                    electronic health record data integrity.


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                                                  76024                       Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices

                                                  Such outcomes could have a profound                     vulnerability management.                             medical device operational
                                                  impact on patient care and safety. In the               Understanding how a vulnerability may                 environment.
                                                  last few years, HPH sector stakeholders                 affect device functionality, assessing the               • Adapting and/or implementing
                                                  have been engaged in many                               vulnerability impact across multiple                  existing cybersecurity standards for
                                                  collaborative activities that seek to                   product types, and identifying                        medical devices.
                                                  strengthen medical device cybersecurity                 mitigations that may be employed until                   • Understanding the challenges that
                                                  and, therefore, enhance patient safety.                 a permanent fix may be implemented                    manufacturers face as they increase
                                                  FDA has contributed to these efforts                    are all critical components of                        collaboration with external third parties
                                                  through guidance, multi-stakeholder                     vulnerability management that should                  (cybersecurity researchers, Information
                                                  engagement, outreach, and by hosting a                  be addressed throughout the medical                   Sharing and Analysis Organizations
                                                  2014 public workshop on cybersecurity                   device total product lifecycle. This                  (ISAOs), and end users), to resolve
                                                  (Ref. 5). The 2016 public workshop                      workshop provides an opportunity for                  cybersecurity vulnerabilities that impact
                                                  announced in this Federal Register                      stakeholders to explore implementation                their devices. Note that an ISAO is a
                                                  notice will build upon previous work by                 of coordinated vulnerability disclosure               group created to gather, analyze, and
                                                  featuring some of the collaborative                     and vulnerability management,                         disseminate critical infrastructure
                                                  efforts that address medical device                     including existing standards, models,                 information (Ref. 7).
                                                  cybersecurity through education and                     best practices, and lessons learned in                   • Gaining situational awareness of the
                                                  training, information sharing, standards,               this area.                                            current activities in the HPH sector to
                                                  risk assessment, and tools development.                    One of the tools that manufacturers or             enhance medical device cybersecurity.
                                                                                                          healthcare facilities may use to assess                  • Identifying cybersecurity gaps and
                                                     Though progress is evident, key                                                                            challenges that persist in the medical
                                                  hurdles continue to impede maturation                   and manage the impact of vulnerability
                                                                                                          is CVSS. CVSS is a risk assessment tool               device ecosystem and begin crafting
                                                  of the HPH community’s cybersecurity                                                                          action plans to address them.
                                                  posture. This workshop seeks to                         that provides an open and standardized
                                                                                                                                                                   Registration: Registration is free and
                                                  increase awareness among stakeholders                   method for rating information
                                                                                                                                                                available on a first-come, first-served
                                                  and create a common understanding of                    technology vulnerabilities. However,
                                                                                                                                                                basis. Persons interested in attending
                                                  potential threats and vulnerabilities, as               incorporating CVSS into medical device
                                                                                                                                                                this public workshop must register
                                                  well as to present proactive preventative               vulnerability assessments has proven to
                                                                                                                                                                online by January 13, 2016, at 4 p.m.
                                                  measures that may be universally                        be a challenge in that it does not
                                                                                                                                                                Early registration is recommended
                                                  employed as best practices and good                     directly incorporate patient risk and
                                                                                                                                                                because facilities are limited and,
                                                  cyber hygiene. The workshop also aims                   public health impact factors. This
                                                                                                                                                                therefore, FDA may limit the number of
                                                  to facilitate extensive dialogue and                    workshop encourages robust dialogue
                                                                                                                                                                participants from each organization. If
                                                  articulate paths forward in the critical                on how CVSS might be adapted for
                                                                                                                                                                time and space permits, onsite
                                                  areas of information sharing,                           medical devices and how considerations
                                                                                                                                                                registration on the day of the public
                                                  coordinated vulnerability disclosure                    of the use environment might be
                                                                                                                                                                workshop will be provided beginning at
                                                  and vulnerability management, and the                   incorporated in a more standardized
                                                                                                                                                                8 a.m.
                                                  Common Vulnerability Scoring System                     manner into medical device CVSS                          If you need special accommodations
                                                  (CVSS). Information sharing continues                   scores.                                               due to a disability, please contact Susan
                                                  to be a challenge as stakeholders work                  II. Topics for Discussion at the Public               Monahan, Center for Devices and
                                                  to define processes to create a trusted                 Workshop                                              Radiological Health, Office of
                                                  environment. Coordinated vulnerability                                                                        Communication and Education, 301–
                                                                                                             The public workshop sessions are
                                                  disclosure is an important component of                                                                       796–5661 or email: susan.monahan@
                                                                                                          designed to incorporate the following
                                                  information sharing. Proactively                                                                              fda.hhs.gov no later than January 7,
                                                                                                          general themes:
                                                  identifying, assessing, and managing                                                                          2016.
                                                                                                             • Envisioning a roadmap for
                                                  medical device vulnerabilities before                                                                            Please provide complete contact
                                                                                                          coordinated vulnerability disclosure
                                                  they are exploited is one way to protect                                                                      information for each attendee, including
                                                                                                          and vulnerability management as part of
                                                  against potential patient harm.                                                                               name, title, affiliation, email, and
                                                                                                          the broader effort to create a trusted
                                                  Vulnerabilities may be identified by the                                                                      telephone number. Those without
                                                                                                          environment for information sharing.
                                                  device manufacturer as well as by                          Æ How might the stakeholder                        Internet access should contact Susan
                                                  external entities such as healthcare                    community create incentives to                        Monahan to register. Registrants will
                                                  facilities, cybersecurity researchers, and              encourage stakeholder participation?                  receive confirmation after they have
                                                  other sectors of critical infrastructure.                  Æ What do individual stakeholders                  been accepted. You will be notified if
                                                  As described in International                           need to understand and be aware of                    you are on a waiting list.
                                                  Organization for Standardization/                       regarding coordinated disclosure?                        Streaming Webcast of the Public
                                                  International Electrotechnical                             Æ What current tools and models                    Workshop: This public workshop will
                                                  Commission 29147:2014, ‘‘Coordinated                    presently exist that may aid                          also be Webcast. The Webcast link will
                                                  disclosure, also known as responsible                   stakeholders in implementing                          be available on the registration Web
                                                  disclosure, is a vulnerability disclosure               disclosure and vulnerability                          page after January 13, 2016. Please visit
                                                  model in which all stakeholders agree to                management?                                           FDA’s Medical Devices News &
                                                  delay publishing vulnerability details                     Æ How can the security researcher                  Events—Workshops & Conferences
                                                  for an agreed-upon period of time,                      community work in collaboration with                  calendar at http://www.fda.gov/Medical
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                                                  generally after a patch to mitigate the                 HPH stakeholders to identify, assess,                 Devices/NewsEvents/Workshops
                                                  vulnerability is available. The model                   and mitigate vulnerabilities?                         Conferences/default.htm. Select this
                                                  includes steps that simplify the                           • Sharing FDA’s current thinking on                meeting/public workshop from the
                                                  otherwise-complex, back-and-forth                       the implementation of the Framework in                posted events list. If you have never
                                                  communications between the                              the medical device total product                      attended a Connect Pro event before,
                                                  vulnerability finder and the affected                   lifecycle.                                            test your connection at https://
                                                  manufacturer’’ (Ref. 6). Coordinated                       • Adapting cybersecurity and/or risk               collaboration.fda.gov/common/help/en/
                                                  disclosure is just one aspect of                        assessment tools such as CVSS for the                 support/meeting_test.htm. To get a


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                                                                              Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices                                           76025

                                                  quick overview of the Connect Pro                       6. ‘‘ISO/IEC 29147:2014—Information                   Order 13544, dated June 10, 2010, to
                                                  program, visit http://www.adobe.com/                          Technology—Security Techniques—                 comply with the statutes under Section
                                                  go/connectpro_overview. FDA has                               Vulnerability Disclosure,’’ (http://www.
                                                                                                                                                                4001 of the Patient Protection and
                                                                                                                iso.org/iso/catalogue_detail.htm
                                                  verified the Web site addresses in this                       ?csnumber=45170).                               Affordable Care Act, Public Law 111–
                                                  document, but FDA is not responsible                    7. Department of Homeland Security,                   148. The Advisory Group was
                                                  for any subsequent changes to the Web                         ‘‘Frequently Asked Questions About              established to assist in carrying out the
                                                  site after this document publishes in the                     Information Sharing and Analysis                mission of the National Prevention,
                                                  Federal Register.                                             Organizations (ISAOs),’’ November 17,           Health Promotion, and Public Health
                                                     Transcripts: Please be advised that as                     2015 (http://www.dhs.gov/isao-faq).
                                                                                                                                                                Council (the Council). The Advisory
                                                  soon as a transcript is available, it will                Dated: December 2, 2015.                            Group provides recommendations and
                                                  be accessible at http://                                Peter Lurie,                                          advice to the Council.
                                                  www.regulations.gov. It may be viewed                   Associate Commissioner for Public Health
                                                  at the Division of Dockets Management                                                                            The Advisory Group was terminated
                                                                                                          Strategy and Analysis.
                                                  (see ADDRESSES). A transcript will also                                                                       on September 30, 2012, by Executive
                                                                                                          [FR Doc. 2015–30772 Filed 12–4–15; 8:45 am]
                                                  be available in either hardcopy or on                                                                         Order 13591, dated November 23, 2011.
                                                                                                          BILLING CODE 4164–01–P
                                                  CD–ROM, after submission of a                                                                                 Authority for the Advisory Group to be
                                                  Freedom of Information request. The                                                                           re-established was given under
                                                  Freedom of Information office address is                DEPARTMENT OF HEALTH AND                              Executive Order 13631, dated December
                                                  available on the Agency’s Web site at                   HUMAN SERVICES                                        7, 2012. Authority for the Advisory
                                                  http://www.fda.gov. A link to the                                                                             Group to continue to operate until
                                                  transcripts will also be available                      Meeting of the Advisory Group on                      September 30, 2017, was given under
                                                  approximately 45 days after the public                  Prevention, Health Promotion, and                     Executive Order 13708, dated
                                                  workshop on the Internet at http://www.                 Integrative and Public Health                         September 30, 2015.
                                                  fda.gov/MedicalDevices/NewsEvents/
                                                                                                          AGENCY:  Department of Health and                        It is authorized for the Advisory
                                                  WorkshopsConferences/default.htm.
                                                                                                          Human Services, Office of the Secretary,              Group to consist of no more than 25
                                                  (Select this public workshop from the
                                                  posted events list).                                    Office of the Assistant Secretary for                 non-federal members. The Advisory
                                                                                                          Health, Office of the Surgeon General of              Group currently has 21 members who
                                                  III. References                                         the United States Public Health Service.              were appointed by the President. The
                                                     The following references are on                      ACTION: Notice.                                       membership includes a diverse group of
                                                  display in the Division of Dockets                                                                            licensed health professionals, including
                                                                                                          SUMMARY:    In accordance with Section                integrative health practitioners who
                                                  Management (see ADDRESSES) and are
                                                                                                          10(a) of the Federal Advisory Committee               have expertise in (1) worksite health
                                                  available for viewing by interested
                                                                                                          Act, Public Law 92–463, as amended (5
                                                  persons between 9 a.m. and 4 p.m.,                                                                            promotion; (2) community services,
                                                                                                          U.S.C. App.), notice is hereby given that
                                                  Monday through Friday; they are also                                                                          including community health centers; (3)
                                                                                                          a meeting is scheduled for the Advisory
                                                  available electronically at http://                                                                           preventive medicine; (4) health
                                                                                                          Group on Prevention, Health Promotion,
                                                  www.regulations.gov. FDA has verified                                                                         coaching; (5) public health education;
                                                                                                          and Integrative and Public Health (the
                                                  the Web site addresses, as of the date                                                                        (6) geriatrics; and (7) rehabilitation
                                                                                                          ‘‘Advisory Group’’). This meeting will
                                                  this document publishes in the Federal                                                                        medicine.
                                                                                                          be open to the public. Information about
                                                  Register, but Web sites are subject to
                                                                                                          the Advisory Group and the agenda for                    A meeting description and relevant
                                                  change over time.
                                                                                                          this meeting can be obtained by                       materials will be published closer to the
                                                  1. Executive Order 13636, ‘‘Improving                   accessing the following Web site: http://             meeting date at: http://www.surgeon
                                                       Critical Infrastructure Cybersecurity,’’           www.surgeongeneral.gov/priorities/                    general.gov/priorities/prevention/
                                                       February 19, 2013 (http://www.gpo.gov/
                                                                                                          prevention/advisorygrp/index.html.                    advisorygrp/.
                                                       fdsys/pkg/FR-2013-02-19/pdf/2013-
                                                       03915.pdf).                                        DATES: The meeting will be held on                       Members of the public have the
                                                  2. Executive Order 13691, ‘‘Promoting Private           December 22, 2015. The exact meeting                  opportunity to participate in the
                                                       Sector Cybersecurity Information                   time will be published closer to the                  meeting and/or provide comments to
                                                       Sharing,’’ February 13, 2015 (http://              meeting date at: http://www.surgeon
                                                       www.gpo.gov/fdsys/pkg/FR-2015-02-20/                                                                     the Advisory Group on December 22,
                                                                                                          general.gov/priorities/prevention/
                                                       pdf/2015-03714.pdf).                                                                                     2015. Public comment will be limited to
                                                                                                          advisorygrp/advisory-group-
                                                  3. Presidential Policy Directive 21, ‘‘Critical         meetings.html.                                        3 minutes per speaker. Individuals who
                                                       Infrastructure Security and Resilience,’’                                                                wish to participate in the meeting and/
                                                       February 12, 2013 (http://                         ADDRESSES: This meeting will be held                  or provide comments must register by
                                                       www.whitehouse.gov/the-press-office/               via teleconference. Teleconference                    12:00 p.m. EST on December 15, 2015.
                                                       2013/02/12/presidential-policy-directive-          information and an exact meeting time                 In order to register, individuals must
                                                       critical-infrastructure-security-and-resil).       will be published closer to the meeting
                                                  4. National Institute of Standards and                                                                        send their full name and affiliation via
                                                                                                          date at: http://www.surgeongeneral.gov/
                                                       Technology (NIST), ‘‘Framework for                                                                       email to prevention.council@hhs.gov.
                                                                                                          priorities/prevention/advisorygrp/
                                                       Improving Critical Infrastructure                                                                        Individuals who need special assistance
                                                       Cybersecurity,’’ version 1, February 12,
                                                                                                          index.html.
                                                                                                                                                                and/or accommodations, i.e., TDD/VP or
                                                       2014 (http://www.nist.gov/cyberframe               FOR FURTHER INFORMATION CONTACT:                      other reasonable accommodations,
                                                       work/upload/cybersecurity-framework-               Office of the Surgeon General, 200
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                                                                                                                                                                should indicate so when they register.
                                                       021214-final.pdf).                                 Independence Ave. SW.; Washington,
                                                  5. Food and Drug Administration, ‘‘Public                                                                     Members of the public who wish to
                                                                                                          DC 20201; 202–205–9517;                               have materials distributed to the
                                                       Workshop—Collaborative Approaches                  prevention.council@hhs.gov.
                                                       for Medical Device and Healthcare                                                                        Advisory Group members at this
                                                       Cybersecurity, October 21–22, 2014.’’              SUPPLEMENTARY INFORMATION: The
                                                                                                                                                                scheduled meeting should submit those
                                                       October 11, 2015 (http://www.fda.gov/              Advisory Group is a non-discretionary                 materials when they register.
                                                       MedicalDevices/NewsEvents/Workshops                federal advisory committee that was
                                                       Conferences/ucm412979.htm).                        initially established under Executive


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Document Created: 2015-12-14 13:30:53
Document Modified: 2015-12-14 13:30:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of public workshop; request for comments.
DatesThe public workshop will be held January 20-21, 2016, from 9 a.m. to 5:30 p.m. Submit either electronic or written comments on the public workshop by February 22, 2016.
ContactSuzanne Schwartz, Food and Drug Administration, Center for Devices and Radiological Health, 10903 New Hampshire Ave., Bldg. 66, Rm. 5428, Silver Spring, MD 20993, 301-796- 6937, [email protected]
FR Citation80 FR 76022 

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