Short Takes – 9-9-26 - Federal Register Edition

Grid Security  

Securing the United States Bulk-Power System. CESER request for information. Summary: “Consistent with the Executive order of August 26, 2026, Declaring a National Emergency to Secure the United States Bulk-Power System [EO 14421], the Department of Energy (DOE or the Department) is seeking information from industry and other stakeholders to inform DOE actions to implement the Executive order. Specifically, DOE seeks information regarding the scope of covered equipment and transactions; risks associated with Covered Foreign Entities and foreign-produced bulk-power system electric equipment; supply chain, software, firmware, digital service, maintenance service, and remote-access practices; existing equipment and potential mitigation; licensing and prequalification; domestic manufacturing and secure replacement capacity; Federal procurement; and potential economic, reliability, safety, and small-entity impacts.” 

Highway Safety  

Agency Information Collection Activities; Renewal of an Approved Information Collection: Accident Recordkeeping Requirements. FMCSA 60-day ICR renewal notice. Summary: “This ICR relates to Agency requirements that motor carriers maintain a record of accidents involving their commercial motor vehicles (CMVs). Motor carriers are not required to report this data to FMCSA, but must produce it upon inquiry by authorized Federal, State or local officials.” 

HAZMAT Safety  

Hazardous Materials: Notice of Administrative Determination of Preemption for Common Law Tort Claims Concerning the Transportation of Gasoline. PHMSA notice of preemption decision. Summary: “The Exxon Mobil Corporation (Exxon) seeks a determination that Federal law preempts State common law claims brought against it in New Jersey concerning the safe transportation of gasoline in commerce. PHMSA is issuing a final administrative determination concluding that the State common law tort claims presented by Exxon are preempted. Each of these duties, if imposed, would present an obstacle to compliance with the Federal regulatory framework essential for the safe transportation of gasoline. In addition, any claims about covered subjects, such as the marking, loading and unloading, and classification of gasoline that are not substantively the same as the applicable HMR provisions are preempted.” 

Space Geek  

Unleashing Unlicensed Spectrum for Direct-to-Device. FCC notice of proposed rulemaking. Summary: “The Federal Communications Commission (Commission or FCC) issues a Notice of Proposed Rulemaking proposes to expand opportunities for direct-to-device (D2D) communications by permitting certain unlicensed devices to communicate with satellites on a non-interference basis. Building on recent market growth and new industry investment in D2D technologies, the NPRM explores adding satellite allocations in specific unlicensed bands, clarifying that equipment may operate within spacecraft, and establishing a flexible regulatory framework that preserves incumbent operations while enabling continued innovation. The Commission seeks comment on technical, licensing, and policy considerations to support expanded D2D connectivity and ensure coexistence with existing services.” 

OMB Approves FCC Satellite Spectrum Final Rule

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a final rule from the Federal Communications Commission (FCC) on “Satellite Spectrum Abundance (SB Docket No. 25-180)”. The FCC published the notice of proposed rulemaking for this action in June 2025. The final rule was sent to OIRA on August 20th, 2026. 

According to the 2026 Unified Agenda entry for this rulemaking: 

“On May 22, 2025, the Commission adopted a Notice of Proposed Rulemaking to seek further comment on ways to use the 12.7-13.25 GHz band (12.7 GHz band) and the 42.0-42.5 GHz band (42 GHz band) more efficiently and intensively. Specifically, the item seeks comment on the possibility of achieving more intensive use of the 12.7 GHz band by satellite communications through the removal of existing regulatory restrictions and the opening of the band to a wider range of satellite operations. Likewise, it seeks comment on the potential for more intensive use of the 42 GHz band by adding for the first time an allocation for fixed-satellite service (FSS). In both instances, the item seeks comment on ways to protect any incumbent spectrum users in the bands, as well as ways to protect spectrum users, particularly Federal operators, in adjacent bands.” 

This rulemaking will not be covered in any detail in this blog; under my limited Space Geek coverage I expect to announce its publication in the appropriate Short Takes post. 

GAO Publishes Report on Chemical Plant Personnel Screening

Today, the Government Accountability Office (GAO) announced the publication of their report on “Chemical Security: DHS Should Provide Options for Voluntary Vetting of Facility Personnel for Terrorist Ties”. GAO was asked to evaluate the effects of the end of the CFATS program in 2023 and the decline in CISA chemical security staffing since 2025 on chemical facility security.  

The report noted that (pg 5): 

“According to CISA officials and representatives from the private sector coordinating council, the three selected chemical associations, and the six selected chemical companies we interviewed, losing the Personnel Surety Program is the most significant challenge high-risk chemical facility owners and operators have faced following the discontinuation of the CFATS program. CISA officials also stated that discontinuing the Personnel Surety Program left a gap in chemical facility security that poses significant risks.” 

The Report made one recommendation (pg 16): 

“Identify, evaluate, and implement voluntary options for chemical facility owners and operators to address insider terrorist security risks by vetting their personnel and unescorted visitors with access to restricted areas or critical assets, and, if necessary, seek the legislative authority to do so.” 

The official CISA response to the recommendation (pg 16): 

“The voluntary collection and handling of sensitive personal information necessary to conduct such vetting would raise significant legal, privacy, compliance, and resource considerations. These considerations include proper collection, use, maintenance, and protection of sensitive personal information necessary to support such activities, as well as requirements associated with safeguarding personal data and providing appropriate redress” 

1 Advisory Published – 9-8-26

Today CISA’s NCCIC-ICS published one control system security advisory for products from CareCam. 

Advisories  

CareCam Advisory - This advisory describes a use of hard-coded credentials vulnerability in the CareCam Pro IP Cameras. The vulnerability was reported to CISA by Omkar Mali. CISA reports that: “CareCam has not responded to CISA's attempts for coordination.” 

Review - HR 10197 Introduced - Biosecurity Modernization

Earlier this month, Rep Pfluger (R,TX) introduced HR 10197, the Biosecurity Modernization and Innovation Act. The bill outlines biosecurity requirements for covered entities with respect to high-risk DNA/RNA sequences. It provides HHS with authority to enforce such requirements and to develop a list of covered sequences to which such requirements apply. No new funding is authorized. 

NOTE: There is an interesting article, Securing Benchtop DNA Synthesizers, on IFP.org (Institute for Progress), that looks at this topic of security for benchtop synthesizers and critical sequences. 

Moving Forward  

Pfluger is a member of the House Energy and Commerce Committee to which this bill is assigned for consideration. This means that there may be sufficient influence to see this bill considered by that Committee. I expect that there will be some level of push back on this bill from the synthetic biology community, especially with the high level of the potential penalties proposed, but it is difficult to predict how that will affect support within the Committee for this bill. I do expect that there would be some level of bipartisan support for the legislation, but probably not enough to see the bill move to the floor under the suspension of the rules process. This late in the session, there is relatively little chance of any action being taken on this bill. 

For more information on the provisions of this bill, including a commentary on the narrow focus of the efforts, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-10197-introduced-biosecurity-modernization - subscription required. 

Short Takes – 9-4-26 - Federal Register Edition

TSCA  

1,2-Dichloropropane Draft Risk Evaluation Under the Toxic Substances Control Act (TSCA); Notice of Availability and Request for Comment. EPA, notice of availability. Summary: “The Environmental Protection Agency (EPA or Agency) is announcing the availability of and seeking public comment on a draft risk evaluation under the Toxic Substances Control Act (TSCA) for 1,2-dichloropropane. The purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use (COUs), including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, and without consideration of costs or non-risk factors. EPA is seeking comment on the draft risk evaluation for 1,2-dichloropropane.” 

Port Security  

Agency Information Collection Activities: Proposed Collection, Comment Request; FEMA Preparedness Grants: Port Security Grant Program (PSGP). FEMA 60-day ICR extension notice. Summary: “Section 102 of the Maritime Transportation Security Act of 2002, as amended (46 U.S.C. 70107 [link added]), authorizes the PSGP to provide for the risk-based allocation of funds to implement Area Maritime Transportation Security Plans and facility security plans among port authorities, facility operators, and State and local government agencies required to provide port security services and to train law enforcement personnel under 46 U.S.C. 70132. Before awarding a grant under the program, the Secretary for Homeland Security shall provide for review and comment by the appropriate Federal Maritime Security Coordinators and the Maritime Administrator. In administering the grant program, the Secretary shall consider national economic, energy, and strategic defense concerns based upon the most current risk assessments available.” 

UAS Security  

Notice Soliciting Representatives for Technical Roundtables on Security of Unmanned Aircraft Systems Operating Beyond the Visual Line of Sight. TSA notice. Summary: “The Transportation Security Administration (TSA) is soliciting individuals to participate in technical roundtables that will provide input to TSA relevant to the development of model language for TSA-approved security programs that will provide for the secure operation of unmanned aircraft systems (UAS) beyond visual line of sight (BVLOS). These roundtables will be closed to the public. Participation is limited and all participants must be validated by TSA as a representative of either a UAS BVLOS operator or an industry association representing these operators or subset of operators, as discussed later in this notice. Participants must obtain approval from TSA for access to Sensitive Security Information (SSI).” 

Space Geek  

Name of Information Collection: NASA Visitor Management System (NVMS). NASA 30-day ICR revision notice. Summary: “NASA may collect event registration information to include but not limited to a visitor's name, address, citizenship, biometric data, purpose of visit, the location to be visited, escort/sponsor name with contact data, and preferred meeting/event sessions when options are available. When parking is provided on federally owned/leased space, driver's license information as well as vehicle make/model/tag information will be collected.” 

Notice of Availability on the Final Tiered Environmental Assessment and Finding of No Significant Impact for SpaceX Starship Reentry Contingency Operations in the Pacific Ocean and Additional Starship Landing Trajectory. FAA notice of availability. Summary: “In accordance with the National Environmental Policy Act of 1969, as amended (NEPA), DOT Order 5610.1D, DOT's Procedures for Considering Environmental Impacts, and FAA Order 1050.1G,  FAA National Environmental Policy Act Implementing Procedures, the FAA is announcing the availability of the Final Tiered Environmental Assessment and Finding of No Significant Impact/Record of Decision for SpaceX Starship Reentry Contingency Operations in the Pacific Ocean and Additional Starship Landing Trajectory (Final Tiered EA and FONSI/ROD).”