Senate to Begin Consideration of HR 7147, FY 2026 DHS Spending

Yesterday the Senate began the process to consider HR 7147, the FY 2026 DHS spending bill. There is, as of yet, no agreement on what sort of amendments may be considered, so it is unlikely that the first cloture vote (scheduled for tomorrow) that would close debate on the question of proceeding to consider the bill will pass. The current funding CR for DHS expires on Friday. DHS is the only department of the Federal government that does not have funding in place through the end of FY 2026.

Negotiations are continuing (?) behind the scenes so some sort of agreement to keep DHS open past Friday midnight still exists. The Senate is currently expected to be out of Washington next week, but that may change if there exists a reasonable expectation that an agreement could be reached.

FEMA Publishes CBRNResponder Network 60-day ICR Notice

Today FEMA published a 60-day information collection request (ICR) notice in the Federal Register (91 FR 237-6238) for a new ICR for “CBRNResponder Network”, collections that are already in use without an approved ICR number. According to the FEMA website: “CBRNResponder is a secure platform for chemical, biological or radioactive/nuclear (CBRN) incident data sharing and multi-hazard event management. It serves as a hub and one-stop shop for all-hazards planning, preparedness, operational tools and resources.” The ICR will support three FEMA forms:

FEMA Form FF-104-FY-24-125, New Users Request for an Account,

FEMA Form FF-104-FY-24-124, New User Request for an Organization, and

FEMA Form FF-104-FY-24-126, Users Submitting Hazard Specific Data.

NOTE: Links to the forms will be available when FEMA submits the 30-day ICR notice to OMB’s Office of Information and Regulatory Affairs (OIRA).

The table below shows the burden estimate for this new ICR:

The CBRNResponder Network website consists of a common set pages for all CBRN responders and separate resources specifically for ChemResponders, BioResponders, RadResponders, and the Interagency Modeling and Atmospheric Assessment Center (IMAAC). Most of the resources on these pages are only fully accessible to registered responders.

FEMA is soliciting comments on this burden estimate. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov: Docket # FEMA-2024-0032). Comments should be submitted by April 13^th, 2026.

Short Takes – 2-11-26 – Federal Register Edition

Notification of the Revocation of Facility Exemptions From the Port Security Advisory. Federal Register CG notice. Summary: “The Coast Guard announces that it is revoking port facility exemptions from the Port Security Advisory for Cameroon, Iraq, and Madagascar.”

Notice of Intent to Grant an Exclusive, Co-Exclusive or Partially Exclusive Patent License. Federal Register NASA notice of intent. Summary: “NASA intends to grant an exclusive, co-exclusive, or partially exclusive patent license in the United States to practice the inventions described and claimed in: U.S. Patent No. 11,622,062 B1 for an invention titled “Ruggedized Miniaturized Infrared Camera System for Aerospace Environments” to Outpost Technologies, Inc., having its principal place of business in Huntsville, Alabama. The fields of use may be limited. NASA has not yet made a final determination to grant the requested license and may deny the requested license even if no objections are submitted within the comment period.”

Pipeline Safety: Advisory Bulletin on Protecting Pipeline Integrity During Extreme Winter Weather, Rapid Thaw, and Geohazard Events. Federal Register PHMSA safety advisory. Summary: “PHMSA is issuing this advisory bulletin to all owners and operators of gas and hazardous liquid pipeline facilities to highlight safety risks associated with extreme winter weather. This includes impacts from heavy snowfall, ice expansion within pipeline facilities, flooding related to winter thaw, and frost heave resulting from sustained, unusually cold temperatures. This bulletin emphasizes the need for winterizing facilities in anticipation of cold weather events and heightened monitoring of ground movement and external loads to ensure the continued safe operation of the Nation's energy infrastructure.”

EO 14382 - Addressing Threats to the United States by the Government of Iran. Federal Register.

EO 14383 - Establishing an America First Arms Transfer Strategy. Federal Register.

EO 14384 - Modifying Duties To Address Threats to the United States by the Government of the Russian Federation. Federal Register.

EO 14385 - Protecting the National Security and Welfare of the United States and Its Citizens From Criminal Actors and Other Public Safety Threats. Federal Register.

Review - PHMSA Publishes HAZMAT Harmonization NPRM

Today DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) in the Federal Register (91 FR 5996-6071)on “Hazardous Materials: Harmonization With International Standards”. This is a periodic rulemaking to ensure that shippers see similar hazardous materials shipping requirements for domestic and international shipments.

This NPRM proposes to make changes to the following Parts of the Hazardous Materials Regulations (HMR) [links to discussions in NPRM]:

Part 171, General Information, Regulations, and Definitions,

Part 172, Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans,

Part 173, Shippers—General Requirements for Shipments and Packagings,

Part 175, Carriage by Aircraft,

Part 176, Carriage by Vessel,

Part 178, Specifications for Packagings, and

Part 180, Continuing Qualification and Maintenance of Packagings.

Additionally, PHMSA is proposing the following actions on information collection requests (ICRs) based upon proposed changes to the HMR:

Revise 2137-0034, “Shipping Papers and Emergency Response Information”, and

Revise 2137-0557, “Approvals for Hazardous Materials”.

Public Comments

PHMSA is soliciting comments about these proposed changes to the HMR. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov: Docket # PHMSA-2023-0111). Comments should be received by April 13^th, 2026.

 

For more information on the provisions of this NPRM, including proposed changes to the Hazardous Materials Table, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/phmsa-publishes-hazmat-harmonization-65c - subscription required.

Review – 5 Advisories Published – 2-10-26

Today CISA’s NCCIC-ICS published four control system security advisory for products from AVEVA (2), ZLAN Information Technology, and Yokogawa. They also published a medical device security advisory for products from ZOLL.

 

Advisories

 

AVEVA Advisory #1 - This advisory describes an insertion of sensitive information into a log file vulnerability in the AVEVA PI to CONNECT Agent.

AVEVA Advisory #2 - This advisory describes an uncaught exception vulnerability in the AVEVA PI Data Archive.

ZLAN Advisory - This advisory describes two missing authentication for critical function vulnerabilities in the ZLAN ZLAN5143D.

Yokogawa Advisory - This advisory describes 14 vulnerabilities in the Yokogawa FAST/TOOLS product.

ZOLL Advisory - This advisory describes an insertion of sensitive information into externally-accessible file or directory vulnerability in the ZOLL ePCR IOS Mobile Application.

 

For more information on these advisories, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/5-advisories-published-2-10-26 - subscription required.

Short Takes – 2-10-26 – Federal Register Edition

Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations; Reopening of Comment Period; Denial of Extension. Federal Register FAA extension denial. Summary: “This action denies requests for extension of the reopening [link added] of the comment period for the notice of proposed rulemaking (NPRM) titled “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations” that was published in the Federal Register on January 28, 2026.”

Agency Information Collection Activities; Notice and Request for Comment; Distraction: Modern Voice Command Interfaces. Federal Register NHTSA 60-day ICR notice for new ICR. Summary: “This document describes a collection of information for which NHTSA intends to seek OMB approval to conduct research on safety-related aspects of voice command interfaces (VCIs), specifically how VCIs affect distracted driving behavior and cognitive workload.”

Reduction in Force Appeals. Federal Register OPM notice of proposed rulemaking. Summary: “The Office of Personnel Management (OPM) is issuing a proposed rule to revise its regulations governing appeals of reduction-in-force (RIF) actions. OPM proposes to transfer appeal rights for employees who have been furloughed more than 30 days, separated, or demoted by a RIF action from the Merit Systems Protection Board (MSPB) to OPM. OPM expects this change will promote greater efficiency and reduce costs to agencies in effectuating RIF actions, which may be necessary in a variety of circumstances, such as to eliminate duplicative or unnecessary functions or align agency workforces with new technology, changing mission needs, or budgetary constraints.”

Hazardous Materials: Preemption Application From Exxon Mobil Corporation; Extension of Comment Period. Federal Register PHMSA extension of comment period. Summary: “PHMSA is extending the period for comments on Exxon Mobil Corporation's application for an administrative determination as to whether the Federal hazardous material transportation law (HMTA) preempts certain state common law tort claims against it regarding the marking, employee training, loading and unloading, and hazardous material classification for gasoline transported by cargo tank motor vehicle.”

CSB Announces Investigation of Industrial Sewer Gas Incident

Yesterday the Chemical Safety Board announced that it was opening an investigation into the fatal chemical release that occurred on January 27, 2026, at the Woodland Pulp, LLC facility in Baileyville, Maine. For news reports about the incident, see here, here, and here. CSB investigators are already on the scene.

Yesterday’s announcement notes that:

“According to initial information submitted by the company to the CSB, the incident may have involved the mixing of concentrated sulfuric acid with sulfurous compounds in an enclosed process sewer, resulting in the generation and release of hydrogen sulfide, a highly toxic gas, in the Bleach Plant area of the facility.”

This incident has not yet been added to the list of CSB’s open investigations. That is not unusual. I would expect to see it added in two to three weeks, after additional internal review of information obtained by investigators. There are nine current investigators listed on the CSB site.

Commentary

Process sewers in chemical manufacturing facilities are a relatively unregulated and often overlooked process safety hot spot. Local permits set limits on what can be sent to local wastewater treatment facilities through these systems and process wastes are typically tested against those standards. EPA regulations about hazardous-waste treatment limit what facilities can do in the way of processing these waste streams without a hazardous waste treatment permit; usually just pH adjustments (often with concentrated sulfuric acid) and solids and oil/grease separations.

While compatibility testing of various waste streams is often not tested, process knowledge should be able to identify potential issues. But, even then, process upsets and on-the-fly processing of those upsets, may produce unexpected waste streams that could pose unanticipated compatibility issues.