Review - 2026 Unified Agenda – DHS

Yesterday, the Administration published their 2026 Unified Agenda. The Unified Agenda lays out the major regulatory measures that the Administration is considering taking action on over the next year. The listing of a rulemaking or the estimated action dates associated with a rulemaking are aspirational at best and no guarantee of agency action, especially since there will be a change in Administration in January. There are 59 active rulemakings listed for DHS with 30 rulemakings on the Long-Term Action list for the Department. There are 101 rulemakings listed in the Inactive Rule portion of the Agenda. Finally, DHS reported 21 rulemakings (none of particular interest here) on the Completed Actions portion of the Agenda. 

DHS Active Rulemakings  

The DHS portion of the Spring 2025 Unified Agenda lists 45 rulemakings, five of which I would expect to cover in this blog if/when actions are taken. Those rulemakings are: 

Commentary  

Federal agencies are required {5 USC 602(a)} to publish twice a year (specifically in April and October) a regulatory flexibility agenda that lists “any rule which the agency expects to propose or promulgate which is likely to have a significant economic impact on a substantial number of small entities”. Since the fall of 1995, OIRA has published a compilation of these as the Spring and Fall Unified Agenda respectively. The April and October requirement has slipped over the years with the current Administration publishing the Spring 2025 Unified Agenda in September 2025. With the removal of the seasonal designation from the current Unified Agenda, it seems that the Administration is announcing that they have no intention of publishing a second Unified Agenda this year. Hopefully, they intend to return to complying with statutory requirements in 2027. 

Chemical Transportation Incidents – Week of 5-30-26

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 – 498 (459 highway, 35 air, 4 rail, 0 water) 

• Serious incidents – 9 (8 Bulk release, 0 evacuation, 0 injury, 0 death, 0 major artery closed, 5 fire/explosion, 37no release)  

• Largest container involved – 30,300-gal DOT 117R100W Railcar {Fuel, Aviation, Turbine Engine} BOV ball valve leaking, cap not tool tight. 

• Largest amount spilled – 38,693-lbs Railcar {Lithium Ion Batteries Including Lithium Ion Polymer Batteries} Railcar fire in transit, cause not determined. 

• Total amount reported spilled in all incidents – 4972.2-gal (excludes lithium battery fire) 

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

Most Interesting Chemical: Fuel, Aviation, Turbine Engine: A clear colorless to variable colored liquid with a petroleum-like odor. Less dense than water and insoluble in water. Hence, floats on water. Vapors are heavier than air. (Source: CameoChemicals.NOAA.gov).  

EPA Sends Response Plans Delay Final Rule to OMB

On Wednesday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a final rule from the EPA on “Clean Water Act Hazardous Substance Facility Response Plans: Compliance Date Delay and Changes to Reflect Administration Policy”. The notice of proposed rulemaking was published on March 5th, 2026. 

I do not expect to cover this rulemaking in any detail out of disrespect for the action being taken. I will, however, acknowledge publication of the final rule in the appropriate Short Take post. 

Short Takes – 7-2-26 - Federal Register

Petition for Approval of Test Program. FRA notice. Summary: “This document provides the public notice that by letter [link added] dated June 9, 2026, and supplemented on June 26, 2026, Union Pacific Railroad Company (UP) submitted a request for FRA approval of a test program related to a locomotive control system, and the temporary suspension of certain FRA safety regulations in connection with that program.” 

Establishment of the Alliance of National Councils for Homeland Operational Resilience Critical Infrastructure (ANCHOR-CI). DHS notice. Summary: “The Department of Homeland Security, through the Cybersecurity and Infrastructure Security Agency (CISA), is establishing the Alliance of National Councils for Homeland Operational Resilience—Critical Infrastructure (ANCHOR-CI). ANCHOR-CI is an advisory body made of critical infrastructure sector, cross-sector, regional, and industry councils that provide group advice and recommendations to the Secretary of Homeland Security, through the Cybersecurity and Infrastructure Security Agency (CISA) Director to ensure a coordinated national effort to foster a secure and resilient critical infrastructure and cyberspace, exchange best practices pertaining to technical assistance, and cooperatively maintain mechanisms for collaboration with Sector Risk Management Agencies (Sections 2202 and 2218 of the Homeland Security Act).”  

Procedures for Implementing the National Environmental Policy Act. NASA interim final rule. Summary: “The National Aeronautics and Space Administration (NASA) is rescinding and repromulgating its regulations related to environmental quality to update the regulations to codify changes to NEPA. NASA has determined there is good cause to promulgate its revised NEPA implementing regulations in the form of an interim final rule in order to avoid confusion related to NASA's administrative process and provide NASA action proponents, non-Federal project sponsors of proposed actions, and the public with the procedural certainty required to efficiently prepare an environmental document under NEPA. Additionally, this interim final rule updates NASA's list of existing categorical exclusions.” 

Hazardous Materials: Information Collection Activities. PHMSA: 30-day ICR renewals; Inspection and Testing of Portable Tanks and Intermediate Bulk Containers, Hazardous Materials Incident Reports, Testing Requirements for Non-Bulk Packaging, Hazardous Materials Public Sector Training and Planning Grants, Cargo Tank Motor Vehicles in Liquefied Compressed Gas Service, and Inspection and Testing of Meter Provers.  

Review – 3 Advisories and 3 Updates Published – 7-2-26

Today CISA’s NCCIC-ICS published three control system security advisories for products from Gardyn, CubeSpace, and ST Engineering. They updated two control system advisories for products from Gardyn and Mitsubishi. They also updated a medical device security advisory for products from WHILL. 

Advisories  

Gardyn Advisory - This advisory describes three vulnerabilities in the Gardyn IoT Hub. 

CubeSpace Advisory - This advisory describes an improper verification of cryptographic signature vulnerability in the CubeSpace CW0057 Reaction Wheel. 

ST Engineering Advisory - This advisory describes two vulnerabilities in the ST Engineering iDirect iQ-Series Terminals. 

Updates  

Gardyn Update - This update provides additional information on the Home Kit advisory that was originally published on February 24, 2026, and most recently updated on April 2nd, 2026. 

Mitsubishi Update - This update provides additional information on the CNC Series advisory that was originally published on October 17th, 2024, and most recently updated on December 18th, 2025. 

WHILL Update - This update provides additional information on the C2 Electric Wheelchairs advisory that was originally published on December 30th, 2025, and most recently updated on March 24th, 2026. 

For more information on these advisories, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/3-advisories-and-3-updates-published-2e9 - subscription required.