Short Takes – 8-2-23

We’re now finding out the damaging results of the mandated return to the office–and it’s worse than we thought. Fortune.com commentary. Pull quote: “Unispace found that nearly half (42%) of companies with return-to-office mandates witnessed a higher level of employee attrition than they had anticipated. And almost a third (29%) of companies enforcing office returns are struggling with recruitment. In other words, employers knew the mandates would cause some attrition, but they weren’t ready for the serious problems that would result.”

Earth to Voyager: NASA detects signal from spacecraft, two weeks after losing contact. NPR.org article. Pull quote: “What might seem like a slight error had big consequences: NASA said it wouldn't be able to communicate with the craft until October, when the satellite would go through one of its routine repositioning steps.”

1,4-Dioxane; Draft Supplement to the TSCA Risk Evaluation; Science Advisory Committee on Chemicals (SACC) Meeting; Amended Notice of Public Meeting. Federal Register EPA meeting notice. Summary: “The Environmental Protection Agency (EPA) is announcing a 4-day virtual public meeting on September 12–15, 2023, from 10 a.m. to approximately 5:00 p.m. (EDT), via a webcast platform such as “Zoomgov.com” and audio teleconference for the Science Advisory Committee on Chemicals (SACC) to review EPA's “2023 Draft Supplement to the 1,4-Dioxane Risk Evaluation” prepared under the Toxic Substances Control Act (TSCA). This September 2023 meeting was previously announced in the Federal Register of March 23, 2023, and in the Federal Register of July 10, 2023, EPA announced the availability of the supplement and related documents for public comment. This notice provides additional details regarding the meeting, including meeting times.”

Police say all Senate buildings cleared, no active shooter found. TheHill.com article. Pull quote: ““I think at this point we can say that we’ve found no confirmation that there was an active shooter and that this might have been a bogus call,” he said.” A new level of swatting? Just imagine if the Senate had been in session.

Near-Earth “Potentially Hazardous” Asteroid Discovered: First Triumph for HelioLinc3D Algorithm. SciTechDaily.com article. This one is a little geeky. Pull quote: ““This is just a small taste of what to expect with the Rubin Observatory in less than two years, when HelioLinc3D will be discovering an object like this every night,” said Rubin scientist Mario Jurić, director of the DiRAC Institute, professor of astronomy at the University of Washington and leader of the team behind HelioLinc3D.  “But more broadly, it’s a preview of the coming era of data-intensive astronomy. From HelioLinc3D to AI-assisted codes, the next decade of discovery will be a story of advancement in algorithms as much as in new, large, telescopes.””

Mobile mass spec provides new insight into pollutants released by East Palestine train derailment. ChemistryWorld.com article. Pull quote: “‘We have been systematically underfunding our environmental agencies at the local, state and national levels,’ DeCarlo says. ‘If you want the most sensitive methods for detecting compounds and understanding the exposures and the risks that people face in incidents like this, then the EPA needs the resources to have them.’”

Review - CSB Updates 3 Recommendation Statuses – 8-1-23

Yesterday, the Chemical Safety Board updated the status of three accident investigation recommendations that the Board had made in their report on the TPC Port Neches Explosions and Fire. The actions were approved by the Board on July 26^th, 2023, at their quarterly business meeting. One recommendation was changed to a status of “Open – Acceptable Response or Alternate Response”, and two were changed to “Closed – Acceptable Action”. This is the same incident about which CSB recently released a video report on the popcorn polymer related explosions and fire.

 

For more details about the recommendations and the actions taken to resolve them, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/csb-updates-3-recommendation-statuses   - subscription required.

CISA Updated CFATS Landing Page – 8-2-23

Yesterday, CISA’s Office of Chemical Security (OCS) updated the landing page for the now expired Chemical Facility Anti-Terrorism Standards (CFATS) program. They added an announcement for the termination of the CFATS program which includes the statement:

“Therefore, CISA cannot enforce compliance with the CFATS regulations at this time. This means that CISA will not require facilities to report their chemicals of interest or submit any information in CSAT, perform inspections, or provide CFATS compliance assistance, amongst other activities. CISA can no longer require facilities to implement their CFATS Site Security Plan or CFATS Alternative Security Program.”

The announcement went on to encourage facilities to continue to maintain their current security procedures and processes, and closed by noting:

“If CFATS is reauthorized, CISA will follow up with facilities in the future. To reach us, please contact CFATS@hq.dhs.gov.”

It looks like the same announcement has been added to other existing CFATS web pages, with the exception of the CFATS Knowledge Center page which still has the original termination statement about which I reported last week. On the limited number of CFATS web pages that I have checked, the program information that was available before last week’s program termination remains on those pages.

Short Takes – 8-1-23

Biden overturns Trump decision to move Space Command HQ from Colorado to Alabama. TheHill.com article. Pull quote: ““This was really a decision based on one thing and one thing only for a president and that was operational readiness,” Kirby said. “He took the inputs of many leaders across the Department of Defense that when it came down to it, he believes that it’s in the best national security interest of the country if we leave Space Command in Colorado.””

Tuberville blasts Biden’s Space Command decision: ‘This is absolutely not over’. TheHill.com article. Pull quote: ““I [Rep Rogers (R,AL}] will continue this investigation to see if they intentionally misled the Armed Services Committee on their deliberate taxpayer-funded manipulation of the selection process. I will continue to hold the Biden administration accountable for their egregious political meddling in our national security.””

Military nominees still stalled by Tuberville hold, with Senate gone until September. TheHill.com article. Pull quote: “As of Thursday, 301 military nominees had not yet reached the U.S. Senate floor for approval, normally a smooth and quick process for the upper chamber, which approves the nominees in large blocs.”

NASA Mars Ascent Vehicle continues progress toward Mars sample return. Phys.org article. Pull quote: “"This test demonstrates our nation has the capacity to develop a launch vehicle that can successfully be lightweight enough to get to Mars and robust enough to put a set of samples into orbit to bring back to Earth," said MAV Propulsion Manager Benjamin Davis at NASA's Marshall Space Flight Center. "The hardware is telling us that our technology is ready to proceed with development."”

Notice of President's National Security Telecommunications Advisory Committee Meeting. Federal Register DHS meeting notice. Agenda: “The NSTAC will hold a conference call on Tuesday, September 26, 2023, from 2:00 p.m. to 3:00 p.m. ET to discuss current NSTAC activities and the government's ongoing cybersecurity and NS/EP communications initiatives. This meeting is open to the public and will include: (1) remarks from the administration and CISA leadership on salient NS/EP and cybersecurity efforts; (2) a deliberation and vote on the NSTAC Letter to the President on Securing Next Generation Wireless Telecommunications; and (3) a deliberation and vote on the NSTAC Report to the President on Addressing the Abuse of Domestic Infrastructure by Foreign Malicious Actors.”

NSF Federal Cyber Scholarship-for-Service Program (CyberCorps® SFS). Federal Register NSF final rule. Summary: “The rule establishes repayment standards for CyberCorps® SFS scholarship recipients who fail to fulfill program requirements, and the process for requesting deferral or discharge of their service or repayment obligation, in whole or part. The rule also requires that, during the period that they are performing their service obligation under the program, scholarship recipients must provide annual documentation of their service employment and their current contact information.” Effective date August 31^st, 2023.

Pipeline Safety: Requirement of Valve Installation and Minimum Rupture Detection Standards: Technical Corrections. Federal Register PHMSA technical correction. Summary: “PHMSA is issuing editorial and technical corrections clarifying the regulations promulgated in its April 8, 2022, final rule titled “Pipeline Safety: Requirement of Valve Installation and Minimum Rupture Detection Standards” for certain gas, hazardous liquid, and carbon dioxide pipelines. The final rule also codifies the results of judicial review of that final rule.” Comma locations matter.

SpaceX tested ‘mega-steel pancake’ water deluge system for Starship. TechCrunch.com article. Pull quote: “Of course, the timing of the next Starship flight test is not entirely up to SpaceX. The company must receive a green light from the U.S. Federal Aviation Administration, the regulator with authority over all rocket launches, and which grounded Starship after the last test resulted in the rocket exploding in mid-air. Grounding the rocket was entirely expected and routine given the way the test concluded, but SpaceX still needs regulatory approval before the next flight test.”

Nuclear powered spaceship will carry the first humans to Mars. TheEarth.com article. Pull quote: “Apart from speeding up transit, the NTR propulsion system also promises increased safety for astronauts. Reduced travel duration translates into a decreased risk of exposure to deep-space radiation and a smaller logistical footprint due to the lesser quantity of supplies required for the trip. “If we have swifter trips for humans, they are safer trips,” said NASA deputy administrator and former astronaut Pam Melroy.” An extrapolation of the current DRACO research program.

Review – 1 Advisory Published – 8-1-23

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

Advisories

APSystems Advisory - This advisory describes an OS command injection vulnerability in the APSystems Power Control Software used in commercial and residential solar systems.

 

For more details about this advisory, including a discussion about the researcher disclosure process, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/1-advisory-published-8-1-23 - subscription required.

Reader Comment – Drone Registration

Received an interesting email from a reader, commenting on a recent Short Takes post with a report about an FAA fact sheet on pre-emption of State and local laws and regulations on drone operations. He mentions non-regulatory registrations of drone operations by States. He notes:

“If the states are allowed to have registrations, for fleet managers, that will create a nightmare. My experience with MN, they require drone registration, the last time I did one there (and the only time) they tagged us for $350. They wanted the receipt showing sale tax, it was bought in non-sales tax state and sent to MN. For MN, it is any drone flown in the state not just residing in MN. Can you imagine after a hurricane, when we are sending adjustors from all over the country to FL and if FL had a state registration? Would a swarm show be required to register every drone?”

The area in the FAA fact sheet that the reader is questioning is under the heading “Examples of State and Local Laws Addressing UAS That Would Likely Not Be Subject to Field or Conflict Preemption”. It reads (pg 7): “UAS registration requirements that are ministerial and do not directly or indirectly regulate aviation safety or the efficient use of the airspace.”

CAVEAT – I am not a lawyer, nor have I played one on TV – CAVEAT

It would seem to me that registration requirements that applied to any drone flown in the as opposed to owned in the State (as described by the reader), would edge into proscribed areas described outlined in the second bullet point under the heading “Examples of State and Local Laws Addressing UAS That Would Be Subject to Federal Preemption”:

“If a law seeks to advance non-safety or efficiency objectives but affects where UAS may operate in the air, the question of whether the law is preempted will depend primarily on whether the law negatively impacts safety and on how much of an impact the law has on the ability of UAS to use or traverse the airspace.”

Of course, if you want a real answer with legal consequence, contact the Aviation Litigation Division at 9-AGC300-Preemptionquestions@faa.gov.

CFSN Detailed Analysis Subscription August Recess Sale – 8-1-23

Today I announced two subscription sales for my Substack blog – CFSN Detailed Analysis – Both sales run through the month of August, commemorating the August Congressional recess. While Congress is out of town fund raising, I will be catching up on a large backlog of bills introduced this session, as well as covering other news and issues (CFATS resurrection will be a major, ongoing topic).

Readers registering for a paid subscription from a .gov email address will receive 50% off their subscription through August of next year. All other email addresses will receive 40% off their subscription for the same period.

Take advantage of the Congressional Recess and sign up today for a paid subscription to CFSN Detailed Analysis.