Short Takes – 11-4-26 - Federal Register Edition

Cybersecurity 

Notice of Order Regarding Exclusion and Removal of Acronis Products from Federal Civilian Executive Branch Information Technology Systems and Procurements. DHS software removal order. Summary: “The Department of Homeland Security is publishing notice of the Secretary of Homeland Security's issuance of an order excluding Acronis AG and all affiliated entities, as well as any covered articles directly or indirectly supplied by them (Acronis covered articles) from federal civilian agency procurements; and, removing all Acronis covered articles from civilian agency information technology systems.” 

LNG Safety  

Pipeline Safety: LNG Safety Best Practices Workshop Series Presented by the National Center of Excellence for LNG Safety. PHMSA meeting notice. Summary: “The National Center of Excellence for Liquefied Natural Gas (LNG) Safety (National LNG Center) will host a series of informational workshops on best practices for LNG safety titled, “LNG Safety Best Practices Workshop.” The workshops are free; will be hosted in-person with select hybrid sessions offered virtually; and will require advance registration. Each workshop will be a full day and will cover a variety of best practices each session. PHMSA established the National LNG Center in 2023 pursuant to section 111 of the Protecting Our Infrastructure of Pipelines and Enhancing Safety (PIPES) Act of 2020 (Pub. L. 116-260), which directs the National LNG Center to advance Federal LNG expertise, serve as a repository of best practices, and facilitate collaboration among LNG stakeholders. Consistent with this mandate, the workshop series will bring together representatives from industry, government, academia, emergency response organizations, and other stakeholders to promote information sharing and continuous improvement in LNG safety.” 

Information Collection Requests 

Chemical Data Reporting Under the Toxic Substances Control Act (TSCA) (Renewal). EPA 30-day ICR renewal notice. Summary; “This information collection request (ICR) addresses the paperwork requirements contained in the current Chemical Data Reporting (CDR) rule (40 CFR part 711) under the Toxic Substances Control Act (TSCA). Under TSCA section 8(a) (15 U.S.C. 2607), the Environmental Protection Agency (EPA) is authorized to collect certain information on chemical substances manufactured (including imported) or processed in the United States. The CDR was formerly known as the Inventory Update Rule (IUR).” 

Information Collection for the State, Local, Tribal and Private Sector (SLTPS) Clearance Program. CISA 30-day ICR renewal notice. Summary: “Partnerships between the U.S. Government and the state, local tribal and private sector at times necessitate the sharing of classified information. The State, Local, Tribal and Private Sector (SLTPS) Clearance Request Form facilitates this sharing by sponsoring security clearances for certain members of each sector based on either their membership on a Sector Coordinating Council (SCC)/association or their infrastructure protection job-related duties and their need-to-know. The SLTPS is designed to sponsor security clearances for state, local, tribal and private sector officials involved in the infrastructure protection mission.” 

SAFER SKIES State, Local, Tribal, and Territorial Counter-UAS Information Collection. FBI 30-day ICR renewal notice. Summary: “The SAFER SKIES Act, Title LXXXVI of the National Defense Authorization Act for Fiscal Year 2026, as implemented by the interim final rule codified at 6 CFR part 124 and 28 CFR part 124, extends counter-UAS detection and mitigation authority to State, local, tribal, and territorial (SLTT) law enforcement and correctional agencies under 6 U.S.C. 124n(a)(2). This collection covers the coordination, authorization, reporting, and recordkeeping submissions the rule requires, made through the designated Federal C-UAS coordination portal.” 

Short Takes – 11-4-26 - Medical Issues

RFK Jr. Eases Access to Unproven Peptides Despite Opposition from FDA Scientists. MedPageToday.com article. Pull quote: “FDA officials warned that the agency's scientific staffers had major safety concerns and would not support a regulation deeming them safe. HHS officials moved to a different approach that directs the FDA not to enforce its rules against pharmacies that compound the substances.” 

New World screwworm case reported in Arizona dog. TheHill.com article. Pull quote: “The USDA has confirmed 71 cases of screwworm in three states — Texas, New Mexico and, most recently, Arizona. Out of those cases, 18 remain active as of Thursday. There is only one case that is associated with U.S. wildlife while the rest are in domestic animals.” 

As Measles Outbreak Hits Pennsylvania Amish Country, More Show Openness to Vaccines. MedPageToday.com article. Pull quote: “The outbreak has especially hit the "Plain communities" of Amish and conservative Mennonites -- so named for their modest dress and limited use of technology. Vaccination rates, and attitudes about vaccines, range widely. But overall, they are less likely to be vaccinated than the general population, due more to culture and habit than doctrine.” 

Washington State Resident Dies from Bird Flu Following Exposure to Infected Cattle. MedPageToday.com article. Pull quote: “The agency analyzed the genetic sequence of the virus from the person who died in Washington and found no changes that would make the virus spread more easily or cause more severe illness, a CDC spokesperson said Monday.” 

A proof-of-concept test can spot bladder cancer in urine. ScienceNews.com article. Pull quote: “The researchers are now exploring their technique’s potential for picking up other cancers. Their evidence suggests that it can spot cancer in the kidney and prostate, organs also washed by urine. One day, Diehn says, he can imagine a multi-cancer urine test focused on tumors in the genitourinary tract. But there’s much to do before such a test makes it into clinics.” 

Advisory Published – 11-3-26

Today CISA’s NCCIC-ICS published a control system security advisory for products from Subnet Solutions. 

Advisories  

Subnet Advisory - The advisory describes two vulnerabilities in the Subnet Solutions PowerSYSTEM Center. The vulnerabilities were reported to CISA by Chinmay Patel of Digital Boundary Group. 

Review - PHMSA Publishes LNG Facility NPRM – 11-3-26

Today, the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) in the Federal Register (90 FR 69314-69388) on “Pipeline Safety: Amendments to Liquefied Natural Gas Facilities”. The NPRM would update the pipeline safety regulations (PSR), including incorporation by references and congressional mandates. Changes are proposed for 49 CFR Part 191 and Part 193. 

The major provisions of the NPRM include: 

• Calibrating reporting requirements to public safety risks,  
• Incorporation by reference updated editions of leading industry standards,  
• Improved alignment between facility siting requirements and safety risks,  
• Introduction of targeted requirements for permanent, small-scale LNG facilities, and 
• Integration of an alternative, risk-based operations and maintenance framework. 

Public Comments  

PHMSA is soliciting comments on the proposed NPRM language. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # PHMSA-2019-0091). Comments should be submitted by January 4th, 2027. 

For more information on the provisions of this NPRM, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/phmsa-publishes-lng-facility-nprm - subscription required. 

FERC Sends ‘Zero-Based Regulatory Budgeting’ Final Rule to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a final rule from Federal Energy Regulatory Commission (FERC) on ‘Implementation of the Executive Order Entitled "Zero-Based Regulatory Budgeting to Unleash American Energy"’ [EO 14270]. FERC published a direct-final rule in October of 2025 for this rulemaking and then partially rescinded that rule on December 18th, 2026. 

According to the 2026 Unified Agenda entry for this rulemaking: 

“The Federal Energy Regulatory Commission is revising its regulations to insert a conditional sunset date into certain regulations in response to Executive Order 14270, Zero-Based Regulatory Budgeting to Unleash American Energy (Docket No. RM25-14-000).” 

With the DFR setting a sunset date for a variety of FERC regulations at December 5th, 2026, I suspect that the agency may be using this final rule to further extend one or more of those regulations past that date. EO 14270 allows for extensions of the mandated sunset dates of up to five years per extension.