Short Takes – 10-3-26 - Space Geek Edition

The DOT’s Federal Aviation Administration (FAA) published five commercial space launch notices of proposed rulemaking in Monday’s Federal Register (available online today). They include:  

• 91 FR 63180; Docket No.: FAA-2026-9935 – Digital Modernization for Licensing Electronic Application Submissions – Summary: “FAA proposes to amend its commercial space launch and reentry licensing regulations to allow for submission of license and permit applications and requests for waivers, alternative time frames, and safety element approvals through additional electronic methods.” 
• 91 FR 63199; Docket No.: FAA-2026-9940 – Lightning Hazard Mitigation Burden-Reducing Exception – Summary “FAA proposes to amend its commercial space launch and reentry licensing regulations to streamline the licensing process and reduce regulatory burden for license applicants. Specifically, FAA proposes to add an exception for compliance with lightning hazard mitigation requirements for certain licensed launch and reentry operations.” 
• 91 FR 63204; Docket No.: FAA-2026-9941 – Overpressure Blast Effects Analysis Burden Reducing Clarification – Summary “FAA proposes to amend its commercial space launch and reentry licensing regulations to streamline the licensing process and reduce regulatory burden for license applicants. Specifically, FAA proposes to amend the regulations to state that a far-field overpressure blast effects analysis required for license applicants does not need to account for members of the public in hypothetical locations.” 
• 91 FR 63185; Docket No.: FAA-2026-9934 – Simplifying Physical Containment Requirements – Summary: “FAA proposes to amend its commercial space launch and reentry licensing regulations to streamline the licensing process and reduce regulatory burden on operators. Specifically, FAA proposes to relieve the burden by specifying that, when using physical containment as a hazard control strategy, operators do not need to develop flight hazard areas in accordance with FAA's existing flight hazard area analysis requirements.” 
• 91 FR 63190; Docket No.: FAA-2026-9936 – Streamlining Flight Safety Analysis Methodology Means of Compliance – Summary: “FAA proposes to amend its commercial space launch and reentry licensing regulations to streamline the licensing process. Specifically, FAA proposes to alleviate regulatory burden for license applicants by consolidating information required for an operator's flight safety analysis.” 

Each of these rulemakings would be considered to be ‘deregulatory actions’ under EO 14192. 

The FAA is soliciting comments on each of these NPRMs. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; using the listed docket number). Comments should be submitted by November 4th, 2026. 

CISA Sends CIRCIA Reporting Final Rule to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a final rule from CISA on “Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA) Reporting Requirements”. The notice of proposed rulemaking for this action was published on April 4th, 2024. The Congressional deadline {6 USC 681b(b)(2)} for publishing the final rule was October 4th, 2025. 

According to the 2026 Unified Agenda entry for this rulemaking:  

“The Cybersecurity and Infrastructure Security Agency (CISA) will finalize regulations to implement certain aspects of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA).  Specifically, CIRCIA directs CISA to develop and implement regulations requiring covered entities to submit reports to CISA regarding covered cyber incidents and ransom payments.  CISA published the NPRM on April 4, 2024. CISA received significant public comments on the proposed rule, many of which emphasized the need to reduce the scope and burden of the proposed reporting requirements, improve harmonization of CIRCIA with other federal cyber incident reporting requirements, and clarify terms. CISA is considering the public comments and examining options for the rulemaking. Additional information about this rulemaking is available at www.cisa.gov/circia.” 

NOTE: The link reported above does not work, it should read “https://www.cisa.gov/topics/cyber-threats-and-advisories/information-sharing/cyber-incident-reporting-critical-infrastructure-act-2022-circia” 

An interesting problem that CISA had to address during the crafting of this regulation is defining who would be required to submit the cyber incident reports. The statute uses the term ‘covered entity’ in setting out the reporting requirement and then give the following broad and vague definition for that term {6 USC 681(4)}: 

“The term ‘covered entity’ means an entity in a critical infrastructure sector, as defined in Presidential Policy Directive 21, that satisfies the definition established by the Director in the final rule issued pursuant to section 681b(b) of this title.” 

I discussed the approach that CISA took to refine this definition in the NPRM. It will be interesting to see what changes CISA may have made in the final rule. 

Review – Bills Introduced – 10-1-26

Yesterday, with the House meeting in pro forma session, there were 98 bills introduced. Two of those bills will receive additional coverage in this blog: 

HR 10671 To amend the Cyber Incident Reporting for Critical Infrastructure Act of 2022 to reauthorize a program of the Cybersecurity and Infrastructure Security Agency relating to security vulnerability warnings, and for other purposes. Gottheimer, Josh [Rep.-D-NJ-5]    

HR 10673 To require an external placard to be displayed on containers, vehicles, and rail cars transporting lithium-ion batteries, and for other purposes. Hageman, Harriet M. [Rep.-R-WY-At Large]    

Space Geek Legislation  

I would like to mention one bill under my limited Space Geek coverage in this blog: 

H Res 1597 Expressing support for designation of the week of October 4, 2026, through October 10th, 2026, as "World Space Week". Dingell, Debbie [Rep.-D-MI-6]    

For more information on these bills, including legislative history for similar bills in the 118th Congress, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/bills-introduced-10-1-26 - subscription required. 

Chemical Transportation Incidents – Week of 8-29-26

Reporting Background 

See this post for explanation, with the most recent update here (removed from paywall). 

Data from PHMSA’s online database of transportation related chemical incidents that have been reported to the agency. 

Incidents Summary  

• Number of incidents – 534 (505 highway, 23 air, 6 rail, 0 water) 
• Serious incidents – 2 (1 Bulk release, 0 evacuation, 0 injury, 0 death, 0 major artery closed, 3 fire/explosion, 20 no release)  
• Largest container involved – 25,475-gal DOT 111A100W1 Railcar {Sulfur, Molten} Failed rupture disk. 
• Largest amount spilled – 150-gal Plastic IBC {Organic Peroxide Type F, Liquid} IBC’s damaged in load shift. 
• Total amount reported spilled in all incidents – 1670.6-gal 

NOTE: Links above are to Form 5800.1 for the incident described. 

Most Interesting Chemical: Trichloroacetic Acid: Trichloroacetic acid, solid is a colorless crystalline solid. It absorbs moisture from air and forms a syrup. It is soluble in water with release of heat. It is corrosive to metals and tissue. (Source: CameoChemicals.NOAA.gov).