OMB Approves FMCSA Nondomiciled CDL Final Rule

Yesterday OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a final rule from the DOT’s Federal Motor Carriers Safety Administration (FMCSA) on “Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (NDCDL)”. This final rule was submitted to OIRA on January 30^th, 2026. An interim final rule on this topic was published on September 29^th, 2026.

This rulemaking was not included in the Spring 2025 Unified Agenda.

The final rule will likely be published in the next week or two. I do not expect that I will be covering this final rule in any detail. I do at least expect to note its publication in the appropriate Short Takes post.

DHS Sends Title VI Recissions Direct Final Rule to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a direct final rule from DHS Office of the Secretary on “Rescinding Portions of DHS Title VI Regulations to Conform More Closely with the Statutory Text and to Implement Executive Order 14281”. This rulemaking was not listed in the Spring 2025 Unified Agenda.

The ‘Title VI’ refers to Title VI, Civil Rights Act of 1964 (PL 88-352), codified at §2000d et seq, 42 USC. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. EO 14281, Restoring Equality of Opportunity and Meritocracy, directs the Administration’s attack on the doctrine of ‘disparate-impact liability’: “which holds that a near insurmountable presumption of unlawful discrimination exists where there are any differences in outcomes in certain circumstances among different races, sexes, or similar groups, even if there is no facially discriminatory policy or practice or discriminatory intent involved, and even if everyone has an equal opportunity to succeed.”

I would expect changes directed by this final rule will be affecting language in Parts 15, 17, 19, and 21, of 6 CFR. What those changes might be is completely beyond me. I do not expect that I will be covering this rule in any detail, but I will at least mention it in the appropriate Short Takes post.

Review – Bills Introduced – 2-11-26

Yesterday, with both the House and Senate in Washington, there were 74 bills introduced. Two of those bills may receive additional coverage in this blog:

HR 7481 Department of Homeland Security Appropriations Act, 2026 DeLauro, Rosa L. [Rep.-D-CT-3]

HR 7512 To amend the Homeland Security Act of 2002 to extend the authorization of the Countering Weapons of Mass Destruction Office of the Department of Homeland Security, and for other purposes.

 

For more information on these bills, including legislative history for similar bills in the 118^th Congress, as well as a mention in passing of a bill to accelerate nuclear waste cleanup technologies, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/bills-introduced-2-11-26 - subscription required.

Review – Bills Introduced – 2-10-26

Yesterday, with both the House and Senate in Washington, there were 49 bills introduced. One of those bills may receive additional coverage in this blog:

S 3821 A bill to require original equipment manufacturers of digital electronic equipment to make available certain documentation, diagnostic, and repair information to independent repair providers, and for other purposes. Luján, Ben Ray [Sen.-D-NM]

 

For more information on these bills, including legislative history for similar bills in the 118^th Congress, as well as a mention in passing of a bill that would keep ICE detention facilities out of one county in Maryland. see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/bills-introduced-2-10-26 - subscription required.

Senate to Begin Consideration of HR 7147, FY 2026 DHS Spending

Yesterday the Senate began the process to consider HR 7147, the FY 2026 DHS spending bill. There is, as of yet, no agreement on what sort of amendments may be considered, so it is unlikely that the first cloture vote (scheduled for tomorrow) that would close debate on the question of proceeding to consider the bill will pass. The current funding CR for DHS expires on Friday. DHS is the only department of the Federal government that does not have funding in place through the end of FY 2026.

Negotiations are continuing (?) behind the scenes so some sort of agreement to keep DHS open past Friday midnight still exists. The Senate is currently expected to be out of Washington next week, but that may change if there exists a reasonable expectation that an agreement could be reached.

FEMA Publishes CBRNResponder Network 60-day ICR Notice

Today FEMA published a 60-day information collection request (ICR) notice in the Federal Register (91 FR 237-6238) for a new ICR for “CBRNResponder Network”, collections that are already in use without an approved ICR number. According to the FEMA website: “CBRNResponder is a secure platform for chemical, biological or radioactive/nuclear (CBRN) incident data sharing and multi-hazard event management. It serves as a hub and one-stop shop for all-hazards planning, preparedness, operational tools and resources.” The ICR will support three FEMA forms:

FEMA Form FF-104-FY-24-125, New Users Request for an Account,

FEMA Form FF-104-FY-24-124, New User Request for an Organization, and

FEMA Form FF-104-FY-24-126, Users Submitting Hazard Specific Data.

NOTE: Links to the forms will be available when FEMA submits the 30-day ICR notice to OMB’s Office of Information and Regulatory Affairs (OIRA).

The table below shows the burden estimate for this new ICR:

The CBRNResponder Network website consists of a common set pages for all CBRN responders and separate resources specifically for ChemResponders, BioResponders, RadResponders, and the Interagency Modeling and Atmospheric Assessment Center (IMAAC). Most of the resources on these pages are only fully accessible to registered responders.

FEMA is soliciting comments on this burden estimate. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov: Docket # FEMA-2024-0032). Comments should be submitted by April 13^th, 2026.

Short Takes – 2-11-26 – Federal Register Edition

Notification of the Revocation of Facility Exemptions From the Port Security Advisory. Federal Register CG notice. Summary: “The Coast Guard announces that it is revoking port facility exemptions from the Port Security Advisory for Cameroon, Iraq, and Madagascar.”

Notice of Intent to Grant an Exclusive, Co-Exclusive or Partially Exclusive Patent License. Federal Register NASA notice of intent. Summary: “NASA intends to grant an exclusive, co-exclusive, or partially exclusive patent license in the United States to practice the inventions described and claimed in: U.S. Patent No. 11,622,062 B1 for an invention titled “Ruggedized Miniaturized Infrared Camera System for Aerospace Environments” to Outpost Technologies, Inc., having its principal place of business in Huntsville, Alabama. The fields of use may be limited. NASA has not yet made a final determination to grant the requested license and may deny the requested license even if no objections are submitted within the comment period.”

Pipeline Safety: Advisory Bulletin on Protecting Pipeline Integrity During Extreme Winter Weather, Rapid Thaw, and Geohazard Events. Federal Register PHMSA safety advisory. Summary: “PHMSA is issuing this advisory bulletin to all owners and operators of gas and hazardous liquid pipeline facilities to highlight safety risks associated with extreme winter weather. This includes impacts from heavy snowfall, ice expansion within pipeline facilities, flooding related to winter thaw, and frost heave resulting from sustained, unusually cold temperatures. This bulletin emphasizes the need for winterizing facilities in anticipation of cold weather events and heightened monitoring of ground movement and external loads to ensure the continued safe operation of the Nation's energy infrastructure.”

EO 14382 - Addressing Threats to the United States by the Government of Iran. Federal Register.

EO 14383 - Establishing an America First Arms Transfer Strategy. Federal Register.

EO 14384 - Modifying Duties To Address Threats to the United States by the Government of the Russian Federation. Federal Register.

EO 14385 - Protecting the National Security and Welfare of the United States and Its Citizens From Criminal Actors and Other Public Safety Threats. Federal Register.