Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of delay of effective date from the DOC’s Bureau of Industry and Security (BIS) for their “Information Security Controls: Cybersecurity Items” interim final rule. This would be the second such delay. The current effective date was March 7th, 2022.
Interestingly, the Fall 2021 Unified Agenda entry for this rulemaking made the following comment:
“Risks: The risks of publishing this rule is that it has unexpected consequences, which is why there is a 90 day delayed effective date and 45 day comment period that will allow the public to comment on the rule.”
Apparently, BIS continues to find ‘unexpected consequences’.
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