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 1st, 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 20th, 2024 and approved
by that agency on September 19th, 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.