The U.S. Department of Commerce is hitting the accelerator on a rulemaking to address security risks involving connected vehicles.
Less than two months after the comment period ended for a proposal to prohibit transactions involving connected vehicle technology by China or other “foreign adversaries,” the Department of Commerce has already drafted a final rule.
The department’s Bureau of Industry and Security submitted a final rule to be reviewed by the White House Office of Management and Budget on Dec. 17, 2024. The quick turnaround appears to be an attempt to get a final rule published before a new administration takes control later this month. The gap between a proposal and final rule often can be a year or more.
However, the White House still needs to approve the final rule before it can be published in the Federal Register and take effect. As of the morning of Thursday, Jan. 2, that had not happened.
The expedited rulemaking process also could be attributed to the importance of the issue. The agency said the proposal, which was unveiled in September 2024, is aimed at addressing “undue or unacceptable” risks to national security.
“Today’s vehicles contain a myriad of connected components that provide greater convenience for consumers and increase road safety for both drivers and pedestrians,” the agency wrote. “However, the incorporation of progressively more complex hardware and software systems that facilitate these features has also increased the attack surfaces through which malign actors may exploit vulnerabilities to gain access to a vehicle.”
The proposal would prohibit transactions involving Vehicle Connectivity System hardware and covered software designed, developed, manufactured or supplied by persons owned by, controlled by or subject to the jurisdiction or direction of the People’s Republic of China, the Hong Kong Special Administrative Region or the Russian Federation.
The agency proposed regulations that would:
- Prohibit Vehicle Connectivity System hardware importers from knowingly importing into the United States certain hardware for connected vehicles
- Prohibit connected vehicle manufacturers from knowingly importing into the United States completed connected vehicles incorporating certain software
- Prohibit connected vehicle manufacturers from knowingly selling within the United States completed connected vehicles that incorporate covered software
- Prohibit connected vehicle manufacturers who are owned by, controlled by or subject to the jurisdiction of China or Russia from knowingly selling in the United States completed vehicles that incorporate covered hardware or software
The proposal received about 100 comments.
The Owner-Operator Independent Drivers Association, which is supportive of the rulemaking, used its comments to ask for more oversight of autonomous vehicles.
“OOIDA has raised safety and cybersecurity concerns regarding the development of autonomous vehicles as the technology has been deployed in recent years,” the Association wrote in formal comments. “We believe this Department of Commerce proposal can help implement necessary federal oversight for autonomous vehicle safety and protect private personal and vehicle information.”
OOIDA also called out the lack of transparency regarding autonomous vehicles and the link between some of these companies and foreign countries. For instance, a former TuSimple executive was accused of failing to disclose his relationship with a Chinese autonomous hydrogen-powered truck company.
It is unknown how much time it will take for the connected vehicle final rule to clear the White House. Additionally, it is unknown if the agency’s submitted final rule has changed since the initial proposal. LL
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