OMB Approves FCC Part 15 Devices in Space NPRM

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking from the Federal Communications Commission (FCC) on “Operation of Part 15 Devices in Space (ET Docket 25-XXX)”. The NPRM was submitted to OIRA on June 11th, 2026. 

According to the 2026 Unified Agenda entry for this rulemaking:  

“As space launches and satellite deployment continue to increase, companies with space-based operations are increasingly looking to expand capacity, reduce cost, and increase the utility of their operations.  The increase in space launches, coupled with the growing diversity of non-satellite spacecraft, has resulted in a growing need to support communication in space and between Earth and space. To meet this growing need, the Commission begins this proceeding to explore unlicensed device use in space.” 

The ‘Part 15’ references electronic transmission devices covered under 47 CFR Part 15, devices that “may be operated without an individual license.” {§15.1(a)} 

I do not expect to cover this NPRM in any detail, but as part of my limited Space Geek coverage, I will at least include notification of the publication in the appropriate Short Takes post. 

EPA Sends CWA PFAS Effluent Discharge NPRM to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking from the EPA on “Clean Water Act Effluent Limitations Guidelines and Standards for PFAS Manufacturers Under the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category”. An advanced notice of proposed rulemaking (ANPRM) was published on March 17^th, 2021.

According to the abstract for the Fall 2023 Unified Agenda entry for this rulemaking:

“As announced in the Effluent Guidelines Program Plan 15 and as part of the EPA’s PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024, EPA is revising the existing Organic Chemicals, Plastics, and Synthetic Fibers (OCPSF) Effluent Limitations Guidelines and Standards (ELGs) (40 CFR part 414) to address per- and polyfluoroalkyl substances (PFAS) discharges from facilities manufacturing PFAS.”

I will probably not cover this NPRM in any detail when it is published, but it will certainly be mentioned in the appropriate Short Takes post in this blog.

OMB Approves CG Marine Cybersecurity NPRM

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking (NPRM) from the Coast Guard on “Cybersecurity in the Marine Transportation System”. The NPRM was submitted to the OIRA on November 13^th, 2023.

According to the Fall 2023 Unified Agenda entry for this rulemaking:

“The Coast Guard proposes to update its maritime security regulations by adding cybersecurity requirements to existing Maritime Security regulations in 33 CFR part 101 et seq.  This proposed rulemaking is part of an ongoing effort to address emerging cybersecurity risks and threats to maritime security by including additional security requirements to safeguard the marine transportation system.”

We will probably see this rule published in the Federal Register next week.

Review - PHMSA Publishes Gas Distribution Pipeline Safety NPRM

Today, DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) in the Federal Register (88 FR 61746-61804) for “Pipeline Safety: Safety of Gas Distribution Pipelines and Other Pipeline Safety Initiative”. This rulemaking was submitted to OMB on March 17^th and approved on August 16^th, 2023. This rulemaking responds to several mandates from title II of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (PIPES Act of 2020 [Division R of PL 116-260]).

According to the Summary of today’s action, the NPRM would:

• Require operators of gas distribution pipelines to update their distribution integrity management programs (DIMP), emergency response plans, operations and maintenance manuals, and other safety practices,

• Address a National Transportation Safety Board (NTSB) recommendation directed toward preventing catastrophic incidents resulting from overpressurization of low-pressure gas distribution systems similar to that which occurred on a gas distribution pipeline system in Merrimack Valley on September 13, 2018,

• Other pipeline safety initiatives for all part 192-regulated pipelines, including gas transmission and gathering pipelines, such as updating emergency response plans and inspection requirements, and

• Apply annual reporting requirements to small, liquefied petroleum gas (LPG) operators in lieu of DIMP requirements.

Public Comments

PHMSA is soliciting public comments on this proposed rule. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # PHMSA-2021-0046). Comments should be submitted by November 6^th, 2023.

 

For more details about the provisions of this rulemaking, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/phmsa-publishes-gas-distribution - subscription required.

Review - PHMSA Publishes Leak Detection NPRM

Today, the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) in the Federal Register (88 FR 31890-31979) for Pipeline Safety: Gas Pipeline Leak Detection and Repair. The rule implements requirements of the PIPES Act of 2020 (Division R, PL 116-260) and it would change the focus of PHMSA’s gas pipeline leak prevention regulatory program from one of stopping large leaks that present immediate fire and explosion hazards to the public to limiting smaller leaks that, over time, present a climate hazard by increasing greenhouse gas (methane) emissions.

Public Comments

PHMSA is soliciting public comments on the proposed rule. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov: Docket # PHMSA-2021-0039). Comments need to be submitted by July 17^th, 2023.

Commentary

This rulemaking will be an anathema to Congressional Republicans. I expect that it will not be long before we see legislation introduced in the House to prevent PHMSA from proceeding with this rulemaking. Such legislation would certainly pass in the House, and may pass in the Senate, but it would certainly be vetoed by President Biden. There are not enough votes in either house to overturn such a veto.

 

For more details about the provisions of this rulemaking, including a brief review of the underlying congressional mandate, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/phmsa-publishes-leak-detection-nprm - subscription required.

OMB Approves PHMSA Pipeline Leak Detection NPRM

 Yesterday, the OMB’s Office of Information and Regulatory Affairs announced that it had approved a notice of proposed rulemaking from DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) on “Pipeline Safety: Gas Pipeline Leak Detection and Repair”. The NPRM was submitted to OIRA on February 13^th, 2023.

 According to the Fall 2022 Unified Agenda listing for the rulemaking:

 “This rulemaking would amend the pipeline safety regulations to enhance requirements for detecting and repairing leaks on new and existing natural gas distribution, gas transmission, and gas gathering pipelines. The proposed rule is necessary to respond to a mandate from section 113 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020.”

We will probably see this NPRM published in the Federal Register next week.

Review - BIS Publishes Peptide Synthesis Export Controls NPRM

Today, the DOC’s Bureau of Industry and Security (BIS) published a notice of proposed rulemaking (NPRM) in the Federal Register (88 FR 24341-24346) for “Section 1758 Technology Export Controls on Instruments for the Automated Chemical Synthesis of Peptides”. The advanced notice of proposed rulemaking was published (this post is now open to the public without subscription) on September 13^th, 2022.

Public Comments

BIS is soliciting public comments on this proposed rulemaking. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # BIS–2022–0023). Comments should be submitted by May 22^nd, 2023. This short, 30-day response time, is probably going to be appealed by commentors as being inadequate for many organizations.

 

For more details about the provisions of the NPRM, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/bis-publishes-peptide-synthesis-export - subscription required.

CISA Sends CFATS NPRM to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking (NPRM) from CISA on Chemical Facility Anti-Terrorism Standards (CFATS). This update of the CFATS regulations has been in the works since 2014 when an advanced notice of proposed rulemaking (ANPRM) was first published for the program. A separate ANPRM was subsequently published on January 6^th, 2021 and a regulatory retrospective was published on June 22^nd, 2020. CISA apparently used all three of those publications (and their respective public comments) in formulating the regulatory update embodied in this NPRM.

The Fall 2022 Unified Agenda listing for this rulemaking notes in the Statement of Need:

“The Chemical Facility Anti-Terrorism Standards (CFATS) program regulates facilities possessing large quantities of dangerous chemicals. The particular chemicals listed and threshold quantities were established in 2007, and were based on EPA’s threshold quantities for Hazardous Substances published under its Release Management Program. In the 15 years since implementation of the program, CISA has gained extensive experience in analyzing chemical holdings and determining which facilities should be classified as high-risk and subject to further regulation. Given its experience, CISA has determined that it should adjust its list of regulated chemicals, threshold quantities, and counting methods to better reflect the security issues implicated by these chemicals. Additionally, CISA believes that the CFATS security performance guidelines, first issued in 2009, should be updated to better reflect lessons learned over the past decade, including substantially updating the guidelines for cybersecurity performance metrics.”

I discussed possible changes to Appendix A earlier this year when the Fall 2022 UA was published.

That UA listing also provides this tantalizing comment under the heading of ‘Alternatives’:

“CISA considered an alternative version of this NPRM where we updated only the performance guidance but not the chemical listings. Additionally, we considered an alternative version where changes to certain toxic chemical listings were omitted.”

It looks like this rulemaking is going to be interesting, but of course, only if Congress reauthorizes the program before July 27^th, 2023 since we will probably not see the NPRM before that date.

OMB Approves CHIPS Funding Limitation NPRM

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approve a notice of proposed rulemaking (NPRM) from the  DOC’s National Institute for Science and Technology on “Preventing the Improper Use of CHIPS Act Funding”. This rulemaking was not listed in the Fall 2022 Unified Agenda, so an official description of the purpose and scope of the rulemaking is not publicly available. This NPRM could be published later this week.

PHMSA Sends Gas Pipeline Leak Detection NPRM to OMB

The OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking from the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) on “Pipeline Safety: Gas Pipeline Leak Detection and Repair”. According to the rulemaking listing in the Fall 2022 Unified Agenda:

“This rulemaking would amend the pipeline safety regulations to enhance requirements for detecting and repairing leaks on new and existing natural gas distribution, gas transmission, and gas gathering pipelines. The proposed rule is necessary to respond to a mandate from section 113 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 [Division R, PL 116-260, 134 STAT 2228].”

IRS Sends Superfund Tax NPRM to OMB

On Friday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had had received from the Treasury’s Internal Revenue Service (IRS) a notice of proposed rulemaking (NPRM) for “Superfund Chemical Tax and Superfund Imported Substance Tax”. According to the Fall 2022 Unified Agenda for this rulemaking:

“Section 80201 of the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58 [link added], 135 Stat. 429 (November 15, 2021) reinstates, effective July 1, 2022, the excise taxes imposed on certain chemical substances by sections 4661 and 4671 of the Internal Revenue Code, and modifies the applicable rates of tax and other provisions related to those taxes.  This NPRM will provide rules related to the taxes imposed by sections 4661 and 4671 of the Internal Revenue Code.”

I will probably not be covering this rulemaking, but I thought that this was worth mentioning for my readers in the chemical processing industry.

NIST Sends CHIPS Act NPRM to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking from the DOC’s National Institute of Standards and Technology for “Preventing the Improper Use of CHIPS Act Funding”. This rulemaking was not listed in the Fall 2022 Unified Agenda, so it is hard to determine what will actually be included in this rulemaking.

NOTE: OIRA has been having problems with their Reginfo.gov web site for the last couple of weeks. The display of new rulemakings is frequently ‘hidden’ behind the footer of the web page. Probably some simple HTML coding issue, but it indicates that the web site manager is not reviewing the actual display of the page when updating the page.

Review - CFATS Regulation Changes – Cybersecurity

NOTE: This is the second in a series of posts looking at potential changes to the Chemical Facility Anti-Terrorism Standards (CFATS) regulation that CISA may be intending to make when they issue their notice of proposed rulemaking (NPRM) later this year.

With the TSA issuing multiple security directives concerning the cybersecurity of surface transportation assets, including pipelines and railroads, and multiple news sources claiming that a new impending executive order on cybersecurity for critical infrastructure, it seems clear that we must consider that CISA may be considering changes in the existing cybersecurity requirements for the CFATS program.

Proposed Changes

CISA has not discussed in either of the two earlier advanced notices of proposed rulemaking (here and here) any particular cybersecurity revisions that it would like to see in future regulatory changes. Here are two changes that I think ought to be included.

Revise the security vulnerability assessment requirements of 6 CFR 27.215(a) to insert a new paragraph (2):

“(2) Cyber asset characterization, which includes the identification and characterization of cyber assets that support, affect, or control the critical assets identified in (1), including the programs, systems and procedures which protect such cyber assets from unauthorized access or modification;”

Revise the RBPS cyber requirement of §27.230(a)(8) to read:

(8) Cyber.

(i) Deter cyber sabotage of cyber assets identified in §27.215(a)(2), including by preventing unauthorized onsite or remote access to critical process controls, such as Supervisory Control and Data Acquisition (SCADA) systems, Distributed Control Systems (DCS), Process Control Systems (PCS), Industrial Control Systems (ICS), critical business system, and other sensitive computerized systems; and

(ii) Prevent the unauthorized modification of business systems, order controls, and inventory systems that would allow, authorize or order unauthorized transfer of chemicals of interest identified in Appendix A;

 

 

For more details about the background and constraints on any cybersecurity regulatory changes, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/cfats-regulation-changes-9d5 - subscription required.

Review - CFATS Regulation Changes – COI Changes

I noted earlier this month that the revision of the CFATS regulations had made its way back onto the Unified Agenda. I have been able to confirm that CISA’s Office of Chemical Security (OCS) is actively working on a notice of proposed rulemaking, but no details are available. So, while we wait for the NPRM, I thought that I would take a look at some of the things that could make it into that document. First, I want to take a look at changes to Appendix A, the DHS chemicals of interest list.

Background

The Unified Agenda listing for “Chemical Facility Anti-Terrorism Standards (CFATS)” (RIN: 1670-AA01) provides the following background information on their decision to look at changes to the COI list:

“The Chemical Facility Anti-Terrorism Standards (CFATS) program regulates facilities possessing large quantities of dangerous chemicals. The particular chemicals listed and threshold quantities were established in 2007, and were based on EPA’s threshold quantities for Hazardous Substances published under its Release Management Program. In the 15 years since implementation of the program, CISA has gained extensive experience in analyzing chemical holdings and determining which facilities should be classified as high-risk and subject to further regulation. Given its experience, CISA has determined that it should adjust its list of regulated chemicals, threshold quantities, and counting methods to better reflect the security issues implicated by these chemicals.”

Appendix A Changes

Currently, Appendix A provides a list of 300+ COI along with their concentration and screening threshold quantity (STQ). It also lists the security issue of concern for each chemical, which affects the STQ that applies to that chemical. Facilities use the information in Appendix A to determine if their inventory of chemicals on the list requires the facility to submit a Top Screen to OCS. OCS, in turn uses the information provided on the Top Screen, analyzed via their threat modeling tool, to determine if the facility is at high enough risk of potential terrorist attack to be covered under the CFATS program.

There are three different kinds of changes that OCS could be considering for the Appendix A list in their pending regulatory revision:

• Adding or deleting chemicals of interest,

• Increasing the minimum concentration of concern, or

• Increasing or decreasing the STQ

More to Come

I will look at other items that we could see in the upcoming CFATS NPRM in future posts. Just a reminder, these are my thoughts on what may be coming, no one is giving me any insider information on the NPRM at this point.

For more details about potential COI changes that could be made to the CFATS regulations when CISA publishes their NPRM, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/cfats-regulation-changes - subscription required.

FAR Cyber Incident Reporting NPMR to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a Federal Acquisition Regulation notice of proposed rule making for “FAR Case 2021-017, Cyber Threat and Incident Reporting and Information Sharing”. According to the listing in the 2022 Spring Unified Agenda:

“DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to increase the sharing of information about cyber threats and incident information between the Government and certain providers, pursuant to OMB recommendations, in accordance with section 2 (b)-(c), and Department of Homeland Security recommendations, in accordance with section 8(b), of Executive Order 14028, Improving the Nation’s Cybersecurity. In addition, requires certain contractors to report cyber incidents to the Federal Government to facilitate effective cyber incident response and remediation, pursuant to Department of Homeland Security recommendations in accordance with sections 2(g)(i) of Executive Order 14028 [link added].”

FAR Cybersecurity for Unclassified Information NPRM to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a Federal Acquisition Regulation (FAR) notice of proposed regulation for “FAR Case 2021-019, Standardizing Cybersecurity Requirements for Unclassified Information Systems”. According to the entry in the 2022 Spring Unified Agenda listing for this rulemaking:

“DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to standardize common cybersecurity contractual requirements across Federal agencies for unclassified information systems, pursuant to Department of Homeland Security recommendations in accordance with sections 2(i) and 8(b) of Executive Order 14028 [link added], Improving the Nation’s Cybersecurity.”

DOD Sends Industrial Base Cybersecurity Rule to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking from DOD for “Department of Defense (DoD)-Defense Industrial Base (DIB) Cybersecurity (CS) Activities”. This rulemaking would expand the DIB threat information sharing activities.

According to the Spring 2022 Unified Agenda entry for this rulemaking:

“The DIB CS Program is currently only permitted to provide cyber threat information to cleared defense contractors, per the Program eligibility requirements within 32 CFR part 236. However, this proposed revision to the Federal rule would allow all defense contractors who process, store, develop, or transit DoD CUI to be eligible to participate and begin receiving critical cyber threat information. Expanding participation in the DIB CS Program is part of DoD’s comprehensive approach to collaborate with the DIB to counter cyber threats through information sharing between the Government and DIB participants. The expanded eligibility criteria will allow a broader community of defense contractors to participate in the DIB CS Program, in alignment with the National Defense Strategy.”

TSA Sends Surface Cybersecurity NPRM to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking from the TSA on “Surface Transportation Cybersecurity Measures”. The rulemaking would establish regulations codifying recent TSA security directives for pipelines and other select surface transportation modes.

According to the Abstract for this rulemaking in the 2022 Spring Unified Agenda:

“On July 28, 2021, the President issued the National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems.  In response to the ongoing threat to pipeline systems, TSA used its authority under 49 U.S.C. 114 to issue emergency security directives to owners and operators of TSA-designated critical pipelines that transport hazardous liquids and natural gas to implement a number of urgently needed protections against cyber intrusions.  TSA also issued security directives in the freight, passenger, and transit-rail sectors under the same statutory authority.  TSA is committed to enhancing and sustaining industry’s resilience to cybersecurity attacks.  TSA intends to issue a rulemaking that will permanently codify critical cybersecurity requirements for pipeline and certain other surface modes.”

Review - EPA Publishes RMP Accidental Chemical Release NPRM

Today the EPA published a notice of proposed rulemaking (NPRM) in the Federal Register (87 FR 53556-53616) for Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident Prevention. This is the rulemaking for which the EPA published an initial 60-day ICR notice earlier this week. The proposed revisions to the RMP regulations include several changes and amplifications to the accident prevention program requirements, enhancements to the emergency preparedness requirements, increased public availability of chemical hazard information, and several other changes to certain regulatory definitions or points of clarification.

Overview

The EPA provides a broad overview of the intent of the regulation revisions in the preamble to the rule. It provides a discussion of each of the following areas of concern:

• Prevention Program,

• Emergency Response, and

• Areas of Technical Clarification

Public Comments

The EPA is soliciting public comments on this NPRM. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # EPA-HQ-OLEM-2022-0174). Comments need to be submitted by October 31^st, 2022. I expect that there will be a number of requests for an extension of that time.

For more details about the topics that are covered in this NPRM, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/epa-publishes-rmp-accidental-chemical - subscription required. I plan on more detailed coverage of the details of this rulemaking as part of the preparation of my comments for consideration by the EPA.

FRA Publishes Train Crew Size NPRM

Today the DOT’s Federal Railroad Administration published a notice of proposed rulemaking (NPRM) in the Federal Register (87 FR 45564-45622) for “Train Crew Size Safety Requirements”. The regulation would establish safe minimum requirements for the size of train crews depending on the type of operation. It would also establish processes for requesting authority to operate or continue to operate trains with fewer crew members.

Hazmat Shipments

Section E of the preamble addresses the concerns that the FRA looked at in assessing how it should deal with the train crew issue when dealing with the rail transport of hazardous materials. At the end of that discussion the preamble states:

“Based on the known safety and security risks associated with operating trains transporting large amounts of hazardous materials and with the hazardous materials known to present the greatest safety and security risks, as discussed in more detail in the section-by-section analysis of proposed § 218.123 [link added] below, in this NPRM FRA is proposing to prohibit the operation of trains transporting hazardous materials subject to FRA's securement regulation [link added] or materials designated by TSA as RSSMs [rail-security sensitive materials] on trains with fewer than two crewmembers.”

The proposed §218.123(c) that deals with hazmat shipments reads:

“(c)Hazardous material two-person train crew mandate. For the purposes of this paragraph (c), a tank car containing residue of a hazardous material as defined in § 171.8 [link added] of this title is not considered a loaded car. None of the exceptions in §§ 218.125 through 218.133 [links added] are applicable when any train is transporting:

“(1) Twenty (20) or more loaded tank cars or loaded intermodal portable tanks of any one or any combination of hazardous materials identified in § 232.103(n)(6)(i)(B) [link added] of this chapter; or

“(2) One or more car loads of rail-security sensitive materials (RSSM) as defined in § 1580.3 [link added] of this title.

Interestingly, this specifically excludes the exemption for using a one-person crew for filling unit trains.

Public Comments

The FRA is soliciting public comments on the NPRM. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # FRA-2021-0032). Comments need to be submitted by September 26^th, 2022.