Notice of Request for Public Comments on Risks in the Information Communications Technology Supply Chain, 52127-52130 [2021-20229]
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Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices
exemption claim. For the BE–30 and
BE–37 surveys, hours may vary
considerably among respondents
because of differences in company size
and complexity.
Estimated Total Annual Burden
Hours: 1,344 (776 for the BE–30; 568 for
the BE–37).
Estimated Total Annual Cost to
Public: $0.
Respondent’s Obligation: Mandatory.
Legal Authority: International
Investment and Trade in Services
Survey Act (Pub. L. 94–472, 22 U.S.C.
3101–3108, as amended).
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Agency,
including whether the information will
have practical utility; (b) the accuracy of
the Agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2021–20282 Filed 9–17–21; 8:45 am]
BILLING CODE 3510–06–P
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DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–63–2021]
Foreign-Trade Zone 15—Kansas City,
Missouri; Application for
Reorganization and Expansion Under
Alternative Site Framework
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the Greater Kansas City Foreign-Trade
Zone, Inc., grantee of Foreign-Trade
Zone 15, requesting authority to
reorganize the zone to expand its service
area and include a new magnet site
under the alternative site framework
(ASF) adopted by the FTZ Board (15
CFR Sec. 400.2(c)). The ASF is an
option for grantees for the establishment
or reorganization of zones and can
permit significantly greater flexibility in
the designation of new subzones or
‘‘usage-driven’’ FTZ sites for operators/
users located within a grantee’s ‘‘service
area’’ in the context of the FTZ Board’s
standard 2,000-acre activation limit for
a zone. The application was submitted
pursuant to the Foreign-Trade Zones
Act, as amended (19 U.S.C. 81a–81u),
and the regulations of the FTZ Board (15
CFR part 400). It was formally docketed
on September 14, 2021.
FTZ 15 was approved by the FTZ
Board on March 13, 1973 (Board Order
93, 38 FR 8622, April 4, 1973),
reorganized under the ASF on May 16,
2014 (Board Order 1938, 79 FR 30079,
May 27, 2014), and expanded under the
ASF on October 25, 2018 (Board Order
2069, 83 FR 54711–54712, October 31,
2018). The zone currently has a service
area that includes Andrew, Bates,
Buchanan, Caldwell, Carroll, Cass,
Chariton, Clay, Clinton, Cooper,
Daviess, DeKalb, Henry, Howard,
Jackson, Johnson, Lafayette, Livingston,
Pettis, Platte, Ray and Saline Counties,
Missouri.
The applicant is now requesting
authority to expand the service area of
the zone to include Holt County, as
described in the application. If
approved, the grantee would be able to
serve sites throughout the expanded
service area based on companies’ needs
for FTZ designation. The application
indicates that the proposed expanded
service area is adjacent to the Kansas
City Customs and Border Protection Port
of Entry.
The applicant is also requesting to
expand its zone to include an additional
magnet site: Proposed Site 24 (31.85
acres)—Iowa Tribe of Kansas and
Nebraska Distribution Center, 27598
Highway F, Holt County.
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In accordance with the FTZ Board’s
regulations, Camille Evans of the FTZ
Staff is designated examiner to evaluate
and analyze the facts and information
presented in the application and case
record and to report findings and
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
November 19, 2021. Rebuttal comments
in response to material submitted
during the foregoing period may be
submitted during the subsequent 15-day
period to December 6, 2021.
A copy of the application will be
available for public inspection in the
‘‘Online FTZ Information Section’’
section of the FTZ Board’s website,
which is accessible via www.trade.gov/
ftz. For further information, contact
Camille Evans at Camille.Evans@
trade.gov.
Dated: September 15, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021–20269 Filed 9–17–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 210910–0181]
RIN 0694–XC077
Notice of Request for Public
Comments on Risks in the Information
Communications Technology Supply
Chain
Bureau of Industry and
Security, Office of Technology
Evaluation, U.S. Department of
Commerce.
ACTION: Notice of request for public
comments.
AGENCY:
On February 24, 2021,
President Biden issued Executive Order
14017 (E.O. 14017) on ‘‘America’s
Supply Chains,’’ which directs several
federal agency actions to secure and
strengthen America’s supply chains.
One of these directions is for the
Secretary of Commerce and the
Secretary of Homeland Security, in
consultation with the heads of
appropriate agencies, to submit, within
one year of the date of E.O. 14017, a
report on supply chains for critical
sectors and subsectors of the
information and communications
technology (ICT) industrial base (as
determined by the Secretary of
Commerce and the Secretary of
SUMMARY:
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Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices
Homeland Security), including the
industrial base for the development of
ICT software, data, and associated
services. This notice requests comments
and information from the public to
assist the Secretary of Commerce and
the Secretary of Homeland Security in
preparing the report required by E.O.
14017.
DATES: The due date for filing comments
is November 4, 2021.
ADDRESSES: Submissions: All written
comments in response to this notice
must be addressed to ‘‘Information and
Communications Technology Supply
Chain’’ and filed through the Federal
eRulemaking Portal: https://
www.regulations.gov. To submit
comments via https://
www.regulations.gov, enter docket
number BIS–2021–0021 on the home
page and click ‘‘search.’’ The site will
provide a search results page listing all
documents associated with this docket.
Find the reference to this notice and
click on the link entitled ‘‘Comment
Now!’’ (For further information on using
https://www.regulations.gov, please
consult the resources provided on the
website by clicking on ‘‘How to Use
This Site.’’)
FOR FURTHER INFORMATION CONTACT:
Maura Weber, Defense Industrial Base
Division, Office of Technology
Evaluation, Bureau of Industry and
Security, at 202–704–8388,
Maura.Weber@bis.doc.gov, or
ICTstudy@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2021, President
Biden issued Executive Order 14017,
‘‘America’s Supply Chains’’ (86 FR
11849) (E.O. 14017). E.O. 14017 focuses
on the need for resilient, diverse, and
secure supply chains to ensure U.S.
economic prosperity and national
security. Such supply chains are needed
to address conditions that can reduce
critical manufacturing capacity and the
availability and integrity of critical
goods, products, and services. E.O.
14017 directs that within one year of the
date of the order, the Secretary of
Commerce and the Secretary of
Homeland Security, in consultation
with the heads of appropriate agencies,
shall submit a report to the President,
through the Assistant to the President
for National Security Affairs (APNSA)
and the Assistant to the President for
Economic Policy (APEP), on supply
chains for critical sectors and subsectors
of the information and communications
technology (ICT) industrial base (as
determined by the Secretary of
Commerce and the Secretary of
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Homeland Security). For the purposes of
this report, the scope of the ICT
industrial base shall consist of hardware
that enables terrestrial distribution,
broadcast/wireless transport, satellite
support, data storage to include data
center and cloud technologies, and end
user devices including home devices
such as routers, antennae, and receivers,
and mobile devices; ‘‘critical’’ software
(as defined by the National Institute of
Standards and Technology in relation to
Executive Order 14028); and services
that have direct dependencies on one or
more of the enabling hardware. In
developing this report, the Secretary of
Commerce and the Secretary of
Homeland Security will consult with
the heads of appropriate agencies and
will be advised by all relevant bureaus
and components of the Department of
Commerce and the Department of
Homeland Security. This notice requests
comments and information from the
public to assist the Secretary of
Commerce and the Secretary of
Homeland Security in preparing the
report required by E.O. 14017.
Written Comments
The Department of Commerce and the
Department of Homeland Security are
particularly interested in comments and
information directed to the policy
objectives listed in E.O. 14017 as they
affect the U.S. ICT supply chains, as
defined in the previous section,
including, but not limited to, the
following elements:
(i) ‘‘Critical goods and materials,’’ as
defined in section 6(b) of E.O. 14017,
underlying the supply chain in
question. Under section 6(b) of E.O.
14017, ‘‘critical goods and materials’’
means goods and raw materials
currently defined under statute or
regulation as ‘‘critical’’ materials,
technologies, or infrastructure;
(ii) ‘‘other essential goods and
materials,’’ as defined in section 6(d) of
E.O. 14017, underlying the supply chain
in question, including digital products.
Under section 6(d) of E.O. 14017, ‘‘other
essential goods and materials’’ means
those that are essential to national and
economic security, emergency
preparedness, or to advance the policy
set forth in section 1 of E.O. 14017, but
not included within the definition of
‘‘critical goods and materials’’; 1
(iii) manufacturing, or other
capabilities necessary to produce or
supply the materials and services
identified in paragraphs (i) and (ii)
above, including emerging capabilities;
1 The Department of Commerce and the
Department of Homeland Security are also
interested in essential goods and materials essential
to incident response and recovery.
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(iv) defense, intelligence, cyber,
homeland security, health, climate,
environmental, natural, market,
economic, geopolitical, human-rights or
forced-labor risks, or other
contingencies that may disrupt, strain,
compromise, or eliminate the supply
chain—including risks posed by supply
chains’ reliance on digital products that
may be vulnerable to failures or
exploitation, and risks resulting from
the elimination of, or failure to develop
domestically the capabilities identified
in paragraph (iii) above—and that are
sufficiently likely to arise so as to
require reasonable preparation for their
occurrence;
(v) resilience and capacity of
American manufacturing supply chains,
including ICT design, manufacturing,
and distribution, and the industrial
base—whether civilian or defense—of
the United States to support national
and economic security, information
security, emergency preparedness, and
the policy identified in section 1 of E.O.
14017, in the event any of the
contingencies identified in paragraph
(iv) above occurs, including an
assessment of:
(A) manufacturing or other needed
capacities of the United States related to
ICT design and manufacturing of
products and services, including the
ability to modernize to meet future
needs;
(B) gaps in domestic design and
manufacturing capabilities, including
nonexistent, extinct, threatened, or
single-point-of failure capabilities;
(C) information and cybersecurity
practices and standards of the ICT sector
with specific regard to the risks
identified in paragraph (iv) above. The
Department of Commerce and the
Department of Homeland Security are
specifically interested in comments
related to validation standards of
component and software integrity,
standards and practices ensuring the
availability and integrity of software
delivery and maintenance, and security
controls during the manufacturing
phase of ICT hardware and components;
(D) supply chains with a single point
of failure, single or dual suppliers,
single region suppliers, highly
connected markets or shared suppliers,
or limited resilience, especially for
subcontractors, as defined by section
44.101 of title 48, Code of Federal
Regulations (Federal Acquisition
Regulation);
(E) location of key design,
manufacturing, software development,
integration, and production assets, with
any significant risks identified in
paragraph (iv) above posed by the
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Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices
assets’ physical location or the
distribution of these facilities;
(F) exclusive or dominant supply of
‘‘critical goods and materials,’’ and
‘‘other essential goods and materials,’’
as identified in paragraphs (i) and (ii)
above, by or through nations that are or
are likely to become, unfriendly or
unstable;
(G) availability of substitutes or
alternative sources for ‘‘critical goods
and materials,’’ and ‘‘other essential
goods and materials,’’ as identified in
paragraphs (i) and (ii) above.
(H) relevant workforce skills, best
practices, and identified gaps in the
availability and/or adequacy of
domestic education and training
resources necessary to fulfill future
workforce needs;
(I) need for research and development
capacity to sustain leadership in the
development of services or ‘‘critical
goods and materials,’’ and ‘‘other
essential goods and materials,’’ as
identified in paragraphs (i) and (ii)
above;
(J) role of transportation and
transmission systems in supporting
existing supply chains and risks
associated with those systems; and
(K) risks posed by climate change to
the availability, production,
transportation, or transmission of
‘‘critical goods and materials’’ and
‘‘other essential goods and materials,’’
as identified in paragraphs (i) and (ii)
above;
(vi) allied and partner actions,
including whether or not the United
States’ allies and partners have also
identified and prioritized the services or
‘‘critical goods materials’’ and ‘‘other
essential goods and materials’’
identified in paragraphs (i) and (ii)
above, and possible avenues for
international engagement;
(vii) primary causes of risks for any
aspect of the ICT industrial base and
supply chains assessed as vulnerable
pursuant to paragraph (v) above;
(viii) prioritization of the ‘‘critical
goods and materials’’ and ‘‘other
essential goods and materials,’’
including digital products, identified in
paragraphs (i) and (ii) above for the
purpose of identifying options and
policy recommendations. The
prioritization shall be based on statutory
or regulatory requirements; importance
to national security, emergency
preparedness, and the policy set forth in
section 1 of E.O. 14017;
(ix) specific policy recommendations
important for ensuring a resilient supply
chain for the ICT industrial base. Such
recommendations may include, but are
not limited to, sustainably reshoring
supply chains and developing or
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strengthening domestic design,
components, and supplies; cooperating
with allies and partners to identify
alternative supply chains; building
redundancy into domestic supply
chains; ensuring and enlarging
stockpiles; developing workforce
capabilities; enhancing access to
financing; expanding research and
development to broaden supply chains;
addressing risks due to vulnerabilities
in digital products relied on by supply
chains; addressing risks posed by
climate change; strengthening supply
chain security; and any other
recommendations;
(x) any executive, legislative,
regulatory, and policy changes and any
other actions to strengthen the
capabilities identified in paragraph (iii)
above, and to prevent, avoid, or prepare
for any of the contingencies identified
in paragraph (iv) above; and
(xi) suggestions for improving the
Government-wide effort to strengthen
supply chains, including suggestions for
coordinating actions with ongoing
efforts that could be considered
duplicative of the work of E.O. 14017 or
with existing Government mechanisms
that could be used to implement E.O.
14017 in a more effective manner.
The Department of Commerce and the
Department of Homeland Security
encourage commenters, when
addressing the elements above, to
structure their comments using the
specific text as identifiers for the areas
of inquiry to which their comments
respond. This will assist in more easily
reviewing and summarizing the
comments received in response to these
specific comment areas. For example, a
commenter submitting comments
responsive to paragraph (i) above,
would use that exact text—The ‘‘critical
goods and materials,’’ as defined in
section 6(b) of E.O. 14017, underlying
the supply chain in question—as a
heading in the public comment
followed by the commenter’s specific
comments in this area.
Requirements for Written Comments
The https://www.regulations.gov
website allows users to provide
comments by filling in a ‘‘Type
Comment’’ field, or by attaching a
document using an ‘‘Upload File’’ field.
The Department of Commerce prefers
that comments be provided in an
attached document. The Department of
Commerce prefers submissions in
Microsoft Word (.doc files) or Adobe
Acrobat (.pdf files). If the submission is
in an application format other than
Microsoft Word or Adobe Acrobat,
please indicate the name of the
application in the ‘‘Type Comment’’
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52129
field. Please do not attach separate cover
letters to electronic submissions; rather,
include any information that might
appear in a cover letter within the
comments. Similarly, to the extent
possible, please include any exhibits,
annexes, or other attachments in the
same file, so that the submission
consists of one file instead of multiple
files. Comments (both public comments
and non-confidential versions of
comments containing business
confidential information) will be placed
in the docket and open to public
inspection. Comments may be viewed
on https://www.regulations.gov by
entering docket number BIS–2021–0021
in the search field on the home page.
All filers should name their files
using the name of the person or entity
submitting the comments. Anonymous
comments are also accepted.
Communications from agencies of the
United States Government will not be
made available for public inspection.
Anyone submitting business
confidential information should clearly
identify the business confidential
portion at the time of submission, file a
statement justifying nondisclosure and
referring to the specific legal authority
claimed, and provide a non-confidential
version of the submission. The nonconfidential version of the submission
will be placed in the public file on
https://www.regulations.gov. For
comments submitted electronically
containing business confidential
information, the file name of the
business confidential version should
begin with the characters ‘‘BC’’. Any
page containing business confidential
information must be clearly marked
‘‘BUSINESS CONFIDENTIAL’’ on the
top of that page. The non-confidential
version must be clearly marked
‘‘PUBLIC’’. The file name of the nonconfidential version should begin with
the character ‘‘P’’. The ‘‘BC’’ and ‘‘P’’
should be followed by the name of the
person or entity submitting the
comments or rebuttal comments. If a
public hearing is held in support of this
assessment, a separate Federal Register
notice will be published providing the
date and information about the hearing.
The Bureau of Industry and Security
does not maintain a separate public
inspection facility. Requesters should
first view the Bureau’s web page, which
can be found at https://efoia.bis.
doc.gov/ (see ‘‘Electronic FOIA’’
heading). If requesters cannot access the
website, they may call 202–482–0795
for assistance. The records related to
this assessment are made accessible in
accordance with the regulations
published in part 4 of title 15 of the
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Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices
Code of Federal Regulations (15 CFR 4.1
through 4.11).
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2021–20229 Filed 9–17–21; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Surveys for User
Satisfaction, Impact and Needs
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on July 6, 2021
during a 60-day comment period. This
notice allows for an additional 30 days
for public comments.
Agency: International Trade
Administration, U.S. Commercial
Service, Commerce.
Title: Domestic and International
Client Export Services and Customized
Forms.
OMB Control Number: 0625–0275.
Form Number(s): None.
Type of Request: Renewal submission
(extension of a current information
collection).
Number of Respondents: 50,000.
Average Hours per Response: .5 (30
minutes).
Burden Hours: 33,333 (annual).
Needs and Uses: The International
Trade Administration provides a
multitude of international trade related
programs to help U.S. businesses. These
programs include information products,
services, and trade events. To
accomplish its mission effectively, ITA
needs ongoing feedback on its programs.
This information collection item allows
ITA to solicit clients’ opinions about the
use of ITA products, services, and trade
events. To promote optimal use and
provide focused and effective
improvements to ITA programs, we are
requesting approval for this clearance
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package; including: use of Comment
Cards (i.e. transactional-based surveys)
to collect feedback immediately after
ITA assistance is provided to clients;
use of annual surveys (i.e., relationshipbased surveys) to gauge overall
satisfaction, impact and needs for
clients with ITA assistance provided
over a period time; use of multiple data
collection methods (i.e., web-enabled
surveys sent via email, telephone
interviews, automated telephone
surveys, and in-person surveys via
mobile devices/laptops/tablets at trade
events/shows) to enable clients to
conveniently respond to requests for
feedback; and a forecast of burden
hours. Without this information, ITA is
unable to systematically determine the
actual and relative levels of performance
for its programs and products/services
and to provide clear, actionable insights
for managerial intervention. This
information will be used for program
evaluation and improvement, strategic
planning, allocation of resources and
stakeholder reporting.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
Legal Authority: Public Law 15 U.S.C.
et seq. and 15 U.S.C. 171 et seq.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0625–0275.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2021–20232 Filed 9–17–21; 8:45 am]
BILLING CODE 3510–FP–P
DEPARTMENT OF COMMERCE
International Trade Administration
Civil Nuclear Trade Advisory
Committee
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
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This notice sets forth the
schedule and proposed topics for a
meeting of the Civil Nuclear Trade
Advisory Committee (CINTAC).
DATES: The meeting is scheduled for
Thursday, September 30, 2021, from
9:00 a.m. to 4:00 p.m. Eastern Daylight
Time (EDT). The deadline for members
of the public to register to participate,
including requests to make comments
during the meeting and for auxiliary
aids, or to submit written comments for
dissemination prior to the meeting, is
5:00 p.m. EDT on Friday, September 24,
2021.
ADDRESSES: The meeting will be held
virtually via Microsoft Teams. Requests
to register to participate (including to
speak or for auxiliary aids) and any
written comments should be submitted
via email to Mr. Jonathan Chesebro,
Office of Energy & Environmental
Industries, International Trade
Administration, at jonathan.chesebro@
trade.gov.
SUMMARY:
Mr.
Jonathan Chesebro, Office of Energy &
Environmental Industries, International
Trade Administration (Phone: 202–482–
1297; email: jonathan.chesebro@
trade.gov).
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background: The CINTAC was
established under the discretionary
authority of the Secretary of Commerce
and in accordance with the Federal
Advisory Committee Act, as amended (5
U.S.C. App.), in response to an
identified need for consensus advice
from U.S. industry to the U.S.
Government regarding the development
and administration of programs to
expand United States exports of civil
nuclear goods and services in
accordance with applicable U.S. laws
and regulations, including advice on
how U.S. civil nuclear goods and
services export policies, programs, and
activities will affect the U.S. civil
nuclear industry’s competitiveness and
ability to participate in the international
market.
The Department of Commerce
renewed the CINTAC charter on August
5, 2020. This meeting is being convened
under the seventh charter of the
CINTAC.
On September 30, 2021, the CINTAC
will hold the third meeting of its current
charter term. The Committee, with
officials from the U.S. Department of
Commerce and other agencies, will
discuss major issues affecting the
competitiveness of the U.S. civil nuclear
energy industry and discuss proposed
recommendations and potential
priorities for future subcommittee work.
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]]>Agencies
[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
[Notices]
[Pages 52127-52130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20229]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 210910-0181]
RIN 0694-XC077
Notice of Request for Public Comments on Risks in the Information
Communications Technology Supply Chain
AGENCY: Bureau of Industry and Security, Office of Technology
Evaluation, U.S. Department of Commerce.
ACTION: Notice of request for public comments.
-----------------------------------------------------------------------
SUMMARY: On February 24, 2021, President Biden issued Executive Order
14017 (E.O. 14017) on ``America's Supply Chains,'' which directs
several federal agency actions to secure and strengthen America's
supply chains. One of these directions is for the Secretary of Commerce
and the Secretary of Homeland Security, in consultation with the heads
of appropriate agencies, to submit, within one year of the date of E.O.
14017, a report on supply chains for critical sectors and subsectors of
the information and communications technology (ICT) industrial base (as
determined by the Secretary of Commerce and the Secretary of
[[Page 52128]]
Homeland Security), including the industrial base for the development
of ICT software, data, and associated services. This notice requests
comments and information from the public to assist the Secretary of
Commerce and the Secretary of Homeland Security in preparing the report
required by E.O. 14017.
DATES: The due date for filing comments is November 4, 2021.
ADDRESSES: Submissions: All written comments in response to this notice
must be addressed to ``Information and Communications Technology Supply
Chain'' and filed through the Federal eRulemaking Portal: https://www.regulations.gov. To submit comments via https://www.regulations.gov, enter docket number BIS-2021-0021 on the home page
and click ``search.'' The site will provide a search results page
listing all documents associated with this docket. Find the reference
to this notice and click on the link entitled ``Comment Now!'' (For
further information on using https://www.regulations.gov, please
consult the resources provided on the website by clicking on ``How to
Use This Site.'')
FOR FURTHER INFORMATION CONTACT: Maura Weber, Defense Industrial Base
Division, Office of Technology Evaluation, Bureau of Industry and
Security, at 202-704-8388, [email protected], or
[email protected].
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2021, President Biden issued Executive Order 14017,
``America's Supply Chains'' (86 FR 11849) (E.O. 14017). E.O. 14017
focuses on the need for resilient, diverse, and secure supply chains to
ensure U.S. economic prosperity and national security. Such supply
chains are needed to address conditions that can reduce critical
manufacturing capacity and the availability and integrity of critical
goods, products, and services. E.O. 14017 directs that within one year
of the date of the order, the Secretary of Commerce and the Secretary
of Homeland Security, in consultation with the heads of appropriate
agencies, shall submit a report to the President, through the Assistant
to the President for National Security Affairs (APNSA) and the
Assistant to the President for Economic Policy (APEP), on supply chains
for critical sectors and subsectors of the information and
communications technology (ICT) industrial base (as determined by the
Secretary of Commerce and the Secretary of Homeland Security). For the
purposes of this report, the scope of the ICT industrial base shall
consist of hardware that enables terrestrial distribution, broadcast/
wireless transport, satellite support, data storage to include data
center and cloud technologies, and end user devices including home
devices such as routers, antennae, and receivers, and mobile devices;
``critical'' software (as defined by the National Institute of
Standards and Technology in relation to Executive Order 14028); and
services that have direct dependencies on one or more of the enabling
hardware. In developing this report, the Secretary of Commerce and the
Secretary of Homeland Security will consult with the heads of
appropriate agencies and will be advised by all relevant bureaus and
components of the Department of Commerce and the Department of Homeland
Security. This notice requests comments and information from the public
to assist the Secretary of Commerce and the Secretary of Homeland
Security in preparing the report required by E.O. 14017.
Written Comments
The Department of Commerce and the Department of Homeland Security
are particularly interested in comments and information directed to the
policy objectives listed in E.O. 14017 as they affect the U.S. ICT
supply chains, as defined in the previous section, including, but not
limited to, the following elements:
(i) ``Critical goods and materials,'' as defined in section 6(b) of
E.O. 14017, underlying the supply chain in question. Under section 6(b)
of E.O. 14017, ``critical goods and materials'' means goods and raw
materials currently defined under statute or regulation as ``critical''
materials, technologies, or infrastructure;
(ii) ``other essential goods and materials,'' as defined in section
6(d) of E.O. 14017, underlying the supply chain in question, including
digital products. Under section 6(d) of E.O. 14017, ``other essential
goods and materials'' means those that are essential to national and
economic security, emergency preparedness, or to advance the policy set
forth in section 1 of E.O. 14017, but not included within the
definition of ``critical goods and materials''; \1\
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\1\ The Department of Commerce and the Department of Homeland
Security are also interested in essential goods and materials
essential to incident response and recovery.
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(iii) manufacturing, or other capabilities necessary to produce or
supply the materials and services identified in paragraphs (i) and (ii)
above, including emerging capabilities;
(iv) defense, intelligence, cyber, homeland security, health,
climate, environmental, natural, market, economic, geopolitical, human-
rights or forced-labor risks, or other contingencies that may disrupt,
strain, compromise, or eliminate the supply chain--including risks
posed by supply chains' reliance on digital products that may be
vulnerable to failures or exploitation, and risks resulting from the
elimination of, or failure to develop domestically the capabilities
identified in paragraph (iii) above--and that are sufficiently likely
to arise so as to require reasonable preparation for their occurrence;
(v) resilience and capacity of American manufacturing supply
chains, including ICT design, manufacturing, and distribution, and the
industrial base--whether civilian or defense--of the United States to
support national and economic security, information security, emergency
preparedness, and the policy identified in section 1 of E.O. 14017, in
the event any of the contingencies identified in paragraph (iv) above
occurs, including an assessment of:
(A) manufacturing or other needed capacities of the United States
related to ICT design and manufacturing of products and services,
including the ability to modernize to meet future needs;
(B) gaps in domestic design and manufacturing capabilities,
including nonexistent, extinct, threatened, or single-point-of failure
capabilities;
(C) information and cybersecurity practices and standards of the
ICT sector with specific regard to the risks identified in paragraph
(iv) above. The Department of Commerce and the Department of Homeland
Security are specifically interested in comments related to validation
standards of component and software integrity, standards and practices
ensuring the availability and integrity of software delivery and
maintenance, and security controls during the manufacturing phase of
ICT hardware and components;
(D) supply chains with a single point of failure, single or dual
suppliers, single region suppliers, highly connected markets or shared
suppliers, or limited resilience, especially for subcontractors, as
defined by section 44.101 of title 48, Code of Federal Regulations
(Federal Acquisition Regulation);
(E) location of key design, manufacturing, software development,
integration, and production assets, with any significant risks
identified in paragraph (iv) above posed by the
[[Page 52129]]
assets' physical location or the distribution of these facilities;
(F) exclusive or dominant supply of ``critical goods and
materials,'' and ``other essential goods and materials,'' as identified
in paragraphs (i) and (ii) above, by or through nations that are or are
likely to become, unfriendly or unstable;
(G) availability of substitutes or alternative sources for
``critical goods and materials,'' and ``other essential goods and
materials,'' as identified in paragraphs (i) and (ii) above.
(H) relevant workforce skills, best practices, and identified gaps
in the availability and/or adequacy of domestic education and training
resources necessary to fulfill future workforce needs;
(I) need for research and development capacity to sustain
leadership in the development of services or ``critical goods and
materials,'' and ``other essential goods and materials,'' as identified
in paragraphs (i) and (ii) above;
(J) role of transportation and transmission systems in supporting
existing supply chains and risks associated with those systems; and
(K) risks posed by climate change to the availability, production,
transportation, or transmission of ``critical goods and materials'' and
``other essential goods and materials,'' as identified in paragraphs
(i) and (ii) above;
(vi) allied and partner actions, including whether or not the
United States' allies and partners have also identified and prioritized
the services or ``critical goods materials'' and ``other essential
goods and materials'' identified in paragraphs (i) and (ii) above, and
possible avenues for international engagement;
(vii) primary causes of risks for any aspect of the ICT industrial
base and supply chains assessed as vulnerable pursuant to paragraph (v)
above;
(viii) prioritization of the ``critical goods and materials'' and
``other essential goods and materials,'' including digital products,
identified in paragraphs (i) and (ii) above for the purpose of
identifying options and policy recommendations. The prioritization
shall be based on statutory or regulatory requirements; importance to
national security, emergency preparedness, and the policy set forth in
section 1 of E.O. 14017;
(ix) specific policy recommendations important for ensuring a
resilient supply chain for the ICT industrial base. Such
recommendations may include, but are not limited to, sustainably
reshoring supply chains and developing or strengthening domestic
design, components, and supplies; cooperating with allies and partners
to identify alternative supply chains; building redundancy into
domestic supply chains; ensuring and enlarging stockpiles; developing
workforce capabilities; enhancing access to financing; expanding
research and development to broaden supply chains; addressing risks due
to vulnerabilities in digital products relied on by supply chains;
addressing risks posed by climate change; strengthening supply chain
security; and any other recommendations;
(x) any executive, legislative, regulatory, and policy changes and
any other actions to strengthen the capabilities identified in
paragraph (iii) above, and to prevent, avoid, or prepare for any of the
contingencies identified in paragraph (iv) above; and
(xi) suggestions for improving the Government-wide effort to
strengthen supply chains, including suggestions for coordinating
actions with ongoing efforts that could be considered duplicative of
the work of E.O. 14017 or with existing Government mechanisms that
could be used to implement E.O. 14017 in a more effective manner.
The Department of Commerce and the Department of Homeland Security
encourage commenters, when addressing the elements above, to structure
their comments using the specific text as identifiers for the areas of
inquiry to which their comments respond. This will assist in more
easily reviewing and summarizing the comments received in response to
these specific comment areas. For example, a commenter submitting
comments responsive to paragraph (i) above, would use that exact text--
The ``critical goods and materials,'' as defined in section 6(b) of
E.O. 14017, underlying the supply chain in question--as a heading in
the public comment followed by the commenter's specific comments in
this area.
Requirements for Written Comments
The https://www.regulations.gov website allows users to provide
comments by filling in a ``Type Comment'' field, or by attaching a
document using an ``Upload File'' field. The Department of Commerce
prefers that comments be provided in an attached document. The
Department of Commerce prefers submissions in Microsoft Word (.doc
files) or Adobe Acrobat (.pdf files). If the submission is in an
application format other than Microsoft Word or Adobe Acrobat, please
indicate the name of the application in the ``Type Comment'' field.
Please do not attach separate cover letters to electronic submissions;
rather, include any information that might appear in a cover letter
within the comments. Similarly, to the extent possible, please include
any exhibits, annexes, or other attachments in the same file, so that
the submission consists of one file instead of multiple files. Comments
(both public comments and non-confidential versions of comments
containing business confidential information) will be placed in the
docket and open to public inspection. Comments may be viewed on https://www.regulations.gov by entering docket number BIS-2021-0021 in the
search field on the home page.
All filers should name their files using the name of the person or
entity submitting the comments. Anonymous comments are also accepted.
Communications from agencies of the United States Government will not
be made available for public inspection.
Anyone submitting business confidential information should clearly
identify the business confidential portion at the time of submission,
file a statement justifying nondisclosure and referring to the specific
legal authority claimed, and provide a non-confidential version of the
submission. The non-confidential version of the submission will be
placed in the public file on https://www.regulations.gov. For comments
submitted electronically containing business confidential information,
the file name of the business confidential version should begin with
the characters ``BC''. Any page containing business confidential
information must be clearly marked ``BUSINESS CONFIDENTIAL'' on the top
of that page. The non-confidential version must be clearly marked
``PUBLIC''. The file name of the non-confidential version should begin
with the character ``P''. The ``BC'' and ``P'' should be followed by
the name of the person or entity submitting the comments or rebuttal
comments. If a public hearing is held in support of this assessment, a
separate Federal Register notice will be published providing the date
and information about the hearing.
The Bureau of Industry and Security does not maintain a separate
public inspection facility. Requesters should first view the Bureau's
web page, which can be found at https://efoia.bis.doc.gov/ (see
``Electronic FOIA'' heading). If requesters cannot access the website,
they may call 202-482-0795 for assistance. The records related to this
assessment are made accessible in accordance with the regulations
published in part 4 of title 15 of the
[[Page 52130]]
Code of Federal Regulations (15 CFR 4.1 through 4.11).
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-20229 Filed 9-17-21; 8:45 am]
BILLING CODE 3510-33-P
