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

Chemical Safety  

Notice Inventory of Mercury Supply, Use, and Trade in the United States 2026 Report; Notice of Availability. EPA notice of availability. Summary: “EPA was directed by Congress in the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), which amended the Toxic Substances Control Act (TSCA), to carry out and publish in the Federal Register not later than April 1, 2017 and every three years thereafter, an inventory of mercury supply, use, and trade in the United States. The Lautenberg Act defines “mercury” as “elemental mercury” or “a mercury compound.” Consistent with this mandate, EPA is announcing the availability of the 2026 mercury inventory report, which summarizes information on U.S. mercury supply, use, and trade required to be reported by rule directly from mercury manufacturers, importers, and processors.” 

Safety Advisory 2026-02: Advanced Chemistry Battery Hazards in Passenger Railcar Operations. FRA notice of safety advisory. Summary: “FRA is issuing Safety Advisory 2026-02 to alert the passenger rail industry to the severe safety risks associated with advanced chemistry batteries, such as lithium-ion battery (LiB) power sources, carried aboard passenger railcars within electric micromobility vehicles (EMVs). Recent full-scale testing shows that thermal runaway in these battery systems poses rapid and potentially catastrophic thermal, toxicological, and visibility hazards inside passenger railcars. This Safety Advisory recommends specific operational, training, and emergency planning and response mitigations to protect passengers and crew members.” 

Cybersecurity  

National Cybersecurity Center of Excellence (NCCoE) Projects and Activities. NIST notice. Summary: “The National Institute of Standards and Technology (NIST) National Cybersecurity Center of Excellence (NCCoE) invites organizations to submit letters of interest to participate in NCCoE collaborative research projects through a standing consortia structure. This Federal Register Notice (FRN) notifies interested parties that NIST is establishing a single process through which organizations may express interest in participating in one or more NCCoE project consortia. Rather than issuing a separate FRN for each new NCCoE project, NIST is posting a single partnership announcement in the Federal Register and directing interested parties to SAM.gov for further information. New NCCoE collaborative research projects will be announced on SAM.gov.” 

Information Collection Requests  

Hazardous Materials: Information Collection Activities. PHMSA 60-day ICR renewal notices. Summary: Hazardous Materials Security Plans #2137-0612 and Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery #2137-0640. 

Pipeline Safety: Information Collection Activities. PHMSA 30-day ICR revision notice. Summary: “” Annual Report for Gas Distribution Operators # 2137-0629, Annual Reports for Gas Pipeline Operators #2137-0522, Annual Report for Hazardous Liquid and Carbon Dioxide Pipeline Systems #2137-0614, and National Pipeline Mapping Program #2137-0596" Includes responses to public comments received on 60-day notice. 

Review – Bills Introduced – 11-10-26

Yesterday, with both the House and Senate in Washington, there were 46 bills introduced. None of those bills will receive additional coverage in this blog. 

Space Geek Legislation 

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

HR 10972 To require the Secretary of Defense to carry out an operational pilot program under the Hybrid Space Architecture initiative to evaluate the use of commercially available orbital data center services and space-based cloud computing capabilities relevant to national security space and joint mission requirements, and for other purposes. Cloud, Michael [Rep.-R-TX-27]    

For more information on these bills, including legislative history for similar bills in the 118th Congress, as well as a mention in passing of a bill addressing the integrity of the United States Preventive Services Task Force, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/bills-introduced-11-10-26 - subscription required. 

Review - S 5502 Introduced – CISA and Biosecurity

Back in September, Sen Hassan (D,NH) introduced S 5502, the Protecting Biotechnology and Biomanufacturing as Critical Infrastructure Act. The bill would amend 6 USC 652 to require CISA to treat biotechnology and biomanufacturing as critical infrastructure even though it does not have a designated Sector Specific Agency designation. No new funding is authorized by this bill. 

This bill is essentially identical (minor word changes) to HR 10569, introduced the same day by Rep Khanna (D,CA). No action has been taken on that bill in the House. 

Moving Forward  

Hassan is a member of the Senate Homeland Security and Governmental Affairs Committee to which this bill was assigned for consideration. This means that there may be sufficient influence to see the bill considered by that Committee. A major impediment to legislation increasing CISA influence is Sen Paul (R,KY), the current Committee Chair. 

For more information on the provisions of this bill, as well as a look at prospects in the 120th Congress, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-5502-introduced-cisa-and-biosecurity - subscription required. 

Short Takes – 11-10-26 - Federal Register Edition

Delany Clause Petitions  

Color Additive Petition from Environmental Defense Fund et al.; Request to Amend the Color Additive Regulations to Remove the Solvents Ethylene Dichloride, Methylene Chloride, andTrichloroethylene. FDA notification of partial denial. Summary: “The Food and Drug Administration (FDA or we) is partially granting a color additive petition submitted by Environmental Defense Fund et al. (petitioners), by amending our color additive regulations, on the basis of the Delaney Clause, to remove the authorized use of methylene chloride as a diluent in color additive mixtures in inks for marking fruit and vegetables. The petitioners provided data demonstrating that this additive induces cancer in laboratory animals. We are denying the remaining petition requests to remove ethylene dichloride, methylene chloride, and trichloroethylene from the list of authorized extraction solvents for annatto extract, paprika oleoresin, and turmeric oleoresin, because any residue of the solvent would be an impurity in the color additive and such impurities are not subject to the Delaney Clause.” 

Color Additive Petition from the International Association of Color Manufacturers; Request to Amend the Color Additive Regulations to Remove the Solvents Methylene Chloride, Trichloroethylene, and Ethylene Dichloride. FDA notification of partial denial. Summary: “The Food and Drug Administration (FDA or we) is partially granting a color additive petition submitted by the International Association of Color Manufacturers (IACM or petitioner), by amending our color additive regulations, on the basis of abandonment, to remove the authorized uses of methylene chloride, trichloroethylene, and ethylene dichloride from the list of authorized extraction solvents for annatto extract, paprika oleoresin, and turmeric oleoresin. The petitioner provided data demonstrating that these uses have been permanently abandoned. FDA is denying as moot the portion of the petition proposing that the color additive regulations be amended, on the basis of abandonment, to no longer authorize the use of methylene chloride as a diluent in color additive mixtures in inks for marking fruit and vegetables. This request is moot because the authorization for this use has been removed, on the basis of the Delaney Clause, in response to a separate petition.” 

Information Collection Requests 

Submission for OMB Review, Comment Request; Homeland Security Exercise and Evaluation Program (HSEEP) Documentation. FEMA 30-day ICR extension notice. Summary: “The Homeland Security Exercise and Evaluation Program (HSEEP) provides the program structure, multi-year planning system, tools, and guidance necessary for entities to build and sustain exercise programs that enhance homeland security capabilities, and ultimately, preparedness. The HSEEP After Action Report/Improvement Plan (AAR/IP), Integrated Preparedness Plans (IPPs), and National Exercise Program (NEP) Support Request Form provide standardized methods for reporting the results of exercises, identifying exercise program priorities, and submitting exercise nominations necessary to validate national preparedness capabilities.” 

Space Geek  

Notice of Intent To Prepare a Programmatic Environmental Impact Statement (PEIS), Open Public Scoping Period, and Hold Public Scoping Meetings on the Proposed SpaceX Starship-Super Heavy Launch and Landing Operations at the Boca Chica Launch Site at Starbase, Texas and Expansion of Starship Landing and Expenditure Locations. FAA PEIS update notice. Summary: “In accordance with the National Environmental Policy Act of 1969, as amended (NEPA) and FAA Order 1050.1G, FAA National Environmental Policy Act Implementing Procedures, the FAA is providing an update regarding its notice intent to prepare a PEIS analyzing Space Exploration Technologies Corp.'s (SpaceX) proposal to increase Starship-Super Heavy operations at the Boca Chica Launch Site at Starbase, TX and expand Starship landing and expenditure locations. Subsequent license modifications or renewals under 14 CFR part 400 are within the scope of the PEIS, and the issuance of temporary airspace closures associated with the Proposed Action are included in FAA's Federal Action. FAA is requesting comments concerning the alternatives or impacts and on relevant information, studies, or analyses with respect to the proposed agency action.” 

Sponsors Added for S 5487 – TWICE Act

Yesterday, two Senators added their names as cosponsors for S 5487, the TWICE Act. One of the Senators, Sen Blunt (D,DE), is a member of the Senate Commerce, Science, and Transportation Committee to which this bill was assigned for consideration. That means that there may now be sufficient influence to see the bill considered by that Committee. Unfortunately, with so little time left in the 119th Congress, this bill is unlikely to be considered. 

The bill would require TSA to develop guidelines to improve returning [from incarceration] citizens’ access to the TWIC program. No new funding is authorized by the bill. 

Both Sen Kennedy (R,LA) and Blunt will be back in the 120th Congress, so it is likely that this bill will be reintroduced next year.