DOT Publishes Transportation Supply Chain RFI – 9-16-21

Yesterday the DOT published a request for information in the Federal Register (86 FR 51719-51720) on “America's Supply Chains and the Transportation Industrial Base” in support of the President’s EO 14017, America's Supply Chains. In this RFI, DOT is soliciting practical solutions from a broad range of stakeholders to address current and future challenges to supply chain resilience in the freight and logistics sector. DOT is specifically asking for information related to cybersecurity risks.

The RFI solicits written comments on 13 different subject areas. One of those areas specifically includes cybersecurity:

“6. Technology issues, including information systems, cybersecurity risks, and interoperability, that affect the safe, efficient, and reliable movement of goods. Would greater standardization of those technologies help address those challenges?”

Written comments may be submitted via the Federal eRulemaking Portal (www.regulations.gov; Docket Number DOT-OST-2021-0106). Comments should be submitted by October 18^th, 2021.

DOC Supply Chain Regulations to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs announced that it had received an advanced notice of proposed rulemaking (ANPRM) from the Department of Commerce on “Securing the Information and Communications Technology and Services Supply Chain: Licensing Procedures”. This rulemaking was not listed in the Fall 2020 Unified Agenda.

It is not unusual for rulemakings to appear without being mentioned in the most recent Unified Agenda, but at the start of a new administration it typically means (especially when it is an ANPRM) that this is a new initiative of the new administration. An ANPRM is an indication of early interest in establishing a regulatory framework of some sort, but the agency is looking to industry and the public for guidance in how it could go about it.