BIS Sends ICTS Final Rule for Connected Vehicles to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a final rule from the DOC’s Bureau of Industry and Security (BIS) on “Securing the Information and Communications Technology and Services Supply Chain: Connected Vehicles”. The advanced notice of proposed rulemaking (ANPRM) was published on March 1^st, 2024.

According to the Fall 2024 Unified Agenda entry for this rulemaking:

“The Department of Commerce’s Bureau of Industry and Security (BIS) published an advance notice of proposed rulemaking (ANPRM) on March 1, 2024, to seek public comment on questions related to transactions The Department of Commerce’s Bureau of Industry and Security (BIS) published an advance notice of proposed rulemaking (ANPRM) on March 1, 2024, to seek public comment on questions related to transactions involving information and communications technology and services integral to connected vehicles that are designed, developed, manufactured, or supplied by persons owned, controlled, or subject to the jurisdiction or direction of foreign governments or foreign non-government persons identified at 15 CFR 7.4, pursuant to Executive Order (E.O.) 13873. BIS is reviewing comments and working to implement a proposed rule to assist BIS in better determining the technologies and market participants most appropriate for regulation pursuant to E.O. 13873 regarding connected vehicles. involving information and communications technology and services integral to connected vehicles that are designed, developed, manufactured, or supplied by persons owned, controlled, or subject to the jurisdiction or direction of foreign governments or foreign non-government persons identified at 15 CFR 7.4, pursuant to Executive Order (E.O.) 13873. BIS is reviewing comments and working to implement a proposed rule to assist BIS in better determining the technologies and market participants most appropriate for regulation pursuant to E.O. 13873 regarding connected vehicles.”

Records show that a notice of proposed rulemaking on this topic was submitted to OIRA on August 20^th, 2024 and approved by that agency on September 19^th, 2024, but no such NPRM has been published in the Federal Register. I suspect that the documents submitted to OIRA were supposed to be for a revised NPRM not a final rule.