CSB Employee Attitudes Improve

The Chemical Safety Board announced yesterday that a recent report by the Office of Personnel Management (OPM) showed that there was significant improvement in employee morale at the agency. In fact, the CSB had the highest positive change in three separate categories for all very small government agencies. Those areas were:

• Agency Employee Engagement Index Score (pg 9),

• Global Satisfaction Index Score (pg 12), and

• Performance Confidence Index Score (pg 15).

The results are based upon 24 responses to 27 surveys sent out by the OPM. The OPM report only shows the top performers in each category, so there is no information on how well the CSB performed on the other reported categories.

The report does not show the actual score the agency received in the categories listed above, just the rate of increase. This means that we do not know how well the CSB actually did in those categories, just that they did much better than they did in 2022. Still, with the problems that the agency has had in the past, increases in employee satisfaction are a good thing. It will take some time to see if these attitudinal changes are reflected in employee retention rates. 

FRA Sends Train Crew Size Final Rule to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a final rule from DOT’s Federal Railroad Administration (FRA) on “Train Crew Staffing”. The notice of proposed rulemaking for this action was published on July 28^th, 2022.

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

“This rulemaking would address the potential safety impact of one-person train operations, including appropriate measures to mitigate an accident's impact and severity, and the patchwork of State laws concerning minimum crew staffing requirements. This rulemaking would address the issue of minimum requirements for the size of train crews, depending on the type of operations. In an effort to encourage public participation, FRA extended the comment period from 60 to 146 days and held a public hearing on December 14, 2022.”

While this rulemaking is a little more down-in-the-weeds in railroad operations than I typically cover in this blog, the NPRM contained specific provisions (see my post) for hazmat trains that may affect loading operations at some chemical facilities. 

CISA Sends Cyber Incident Reporting NPRM Rule to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs announced that it had received a notice of proposed rulemaking (NPRM) from CISA on Cyber Incident Reporting for Critical Infrastructure Act Regulations. CISA published a request for information (removed from paywall) supporting this rulemaking on September 12^th, 2022.

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

 

The Cybersecurity and Infrastructure Security Agency (CISA) will propose regulations to implement certain aspects of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA).  Specifically, CIRCIA directs CISA to develop and implement regulations requiring covered entities to submit reports to CISA regarding covered cyber incidents and ransom payments.  CIRCIA requires CISA to publish a Notice of Proposed Rulemaking (NPRM) within 24 months of the date of enactment of CIRCIA as part of the process for developing these regulations.  CISA previously issued a Request for Information on September 12, 2022, and held a series of listening sessions seeking public input on potential aspects of the proposed regulation prior to publication of the NPRM.

 

The CIRCIA deadline for publishing this NPRM is March 15^th, 2024.

Short Takes – 1-2-24

4 ways the government funding fight could play out in January. TheHill.com article. The author misses an important 5^th option: government shutdown. Pull quote: ““I think we’re going to end up with one of two things: either an omnibus or a yearlong CR,” Sen. John Kennedy (R-La.), an appropriator, said. “And I’m not sure that an omnibus that would be put together by [Senate Majority Leader Chuck Schumer (D-N.Y.)] and his team will get 10 Republican votes.””

Florida State & Georgia Just Killed the College Football Bowl Game. Original.NewsBreak.com article.  Pull quote: “The case of Florida State in the 2023 Orange Bowl exemplifies a broader trend in college football, where the playoff system's importance overshadows the traditional bowl system. This shift reflects a changing landscape where the emphasis on professional careers and player well-being is taking precedence over historical college rivalries and bowl game appearances.”

Air Weapons: Ukrainian Strategic Attack UAV. StrategyPage.com article. A look at historical development of UAV weapons. Pull quote: “Meanwhile aerial warfare power continues to evolve, as unmanned, and often robotic, aircraft are replacing those with crews. UAVs have been around for over half a century as cruise missiles, and in that time, they have become a lot cheaper, reliable, and capable. UAVs now do most of the reconnaissance work and will begin replacing fighters and bombers in the next decade or so. Without being recognized as such, smart bombs and UAVs are the most revolutionary developments in air power since World War II. Air power will never be the same because of these two innovations the current extensive use of UAVs demonstrates this evolution in action.”

Chemical synthesis using titanium dioxide: An eco-friendly and innovative approach. Phys.org article. Pull quote: “TiO2 as a photocatalyst for driving organic reactions has captured the attention of synthetic chemists for a while now. However, many such processes require ultraviolet light to trigger the reaction. In this study [link added], however, the research team found that under anaerobic conditions, sulfur-containing organic compounds like thioanisole derivatives, when hit with blue light, reacted with maleimide derivatives to form dual carbon–carbon bonds, yielding a new heterocyclic organic compound.”

JN.1 Now Accounts for Nearly Half of U.S. Covid Cases. NYTimes.com article. Pull quote: “There are signs that Covid cases are once again creeping up. There were just under 26,000 hospitalizations due to Covid the week of Dec. 10, a 10 percent increase from about 23,000 hospitalizations the week prior. But Covid hospitalizations are still far lower than they were during the peak of the first Omicron wave in January 2022, and so far only about half as high as they were during the peak of the tripledemic last winter, when Covid-19, flu and R.S.V. cases all surged at the same time.”

House GOP majority to shrink to 2 with Ohio lawmaker’s early resignation. TheHill.com article. Pull quote: “Johnson’s office on Tuesday confirmed the congressman’s new official resignation date of Jan. 21, after he was expected to resign to take a job as president of Youngstown State University before mid-March.”

Two Space Stories In 2024 Will Determine The Future Of Humanity. Forbes.com article. Pull quote: “This time around, the incentives are different. There’s still a fair number of people who don’t understand the point of spending so much on the trip, but the world has changed in the last half-century. The climate crisis and a number of inter-related questions around our natural resources make it a salient time to get more serious about broadening our horizons to search for new means (and perhaps even new locales) to sustain life as we know it.”

Reader Comment – CFATS and Congress in 2024

A long-time reader (from a slightly different security background) messaged me today, checking up on the status of the CFATS reauthorization. When I replied that the Senate still has not gotten around to voting on the bill {HR 4470 (removed from paywall)}, her response was ‘That’s crazy”. And it is. But this is a new year, and this deserves a re-look.

HR 4470

HR 4470 is still waiting at the Desk in the Senate. It could be taken up at any time. Since this is a relatively unimportant bill (as compared to 12 spending bills, military aid packages, border security, etc) the Senate is not likely to take up the legislation under regular order with three separate cloture votes, a series of amendments and a final vote on the bill. If amendments were approved, then the bill would have to go back to the House for another vote there before it could go to the President’s desk.

A more reasonable method of taking up a bill like HR 4470 that has wide-spread support is using the unanimous consent process. This takes just minutes to complete, and the bill would go quickly to the President. Simple. But just a single Senator (like Sen Paul) can stand and say; “I object.”; and, consideration stops, waiting for a chance to be considered under regular order, or the objecting Senator to make it known that they no longer object to the consideration of the bill.

Amendment as an Alternative

One of the most common ways of getting around the lone objection road-block in the Senate is to offer the language of the bill as an amendment to some other bill. Unfortunately, the rules and customs of the Senate provide the Chair and Ranking Member of Committees with veto power over any amendment being considered if it comes under the purview of their committee. Last year, Sen Paul became the Ranking Member of the Senate Homeland Security and Governmental Affairs Committee. Thus, Paul can prevent CFATS reauthorization from being added on the floor of the Senate to some other bill as an amendment.

Spending Bill as an Option

With yet another spending deadline (actually two separate deadlines) fast approaching and no agreement in the works, it is becoming increasingly possible that whenever this gets resolved this year, some sort of a consolidated spending bill(s) is(are) going to be the ultimate route (once again) out of the spending quagmire. Adding CFATS reauthorization language to that (one of those) bill(s), is becoming a better looking bypass of the block in the Senate. The NDAA is another bill that frequently gets used as a dumping ground for miscellaneous legislation. I was very disappointed when the 2024 NDAA came out of conference with significant additions, but no CFATS language.

On a final note, I am not sure that passing HR 4470 at this point would really solve the CFATS reauthorization problem. I published a post (removed from paywall) back in October that discusses the problems that I think CISA would face in standing the program back off after this long a period of quiescence. No one else is talking about this potential problem, so maybe this can be kept on the back burner.

Pending Rulemakings of Interest – 1-2-24

Starting of a new year, it seems like a good time to take a look back at the rulemakings of interest here that are still pending in the OMB’s Office of Information and Regulatory Affairs (OIRA). The table below provides a listing of such rulemakings that I am watching (though that may not mean that there will be detailed reporting on them when published).

Received Date	RIN	Agency	Rule Title	Status
11/13/2023	1625-AC77	DHS/ USCG	Cybersecurity in the Marine Transportation System	NPRM
04/11/2023	1670-AA01	DHS/ CISA	Chemical Facility Anti-Terrorism Standards (CFATS)	NPRM
12/14/2023	2126-AC17	DOT/ FMCSA	Motor Carrier Operation of Automated Driving System (ADS)-Equipped Commercial Motor Vehicles	NPRM
11/27/2023	0694-AI94	DOC/ BIS	Implementation of Additional Export Controls: Certain Advanced Computing Items and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Updates to the Controls and Corrections	Final
1/03/2023	0694-AJ43	DOC/ BIS	Proposed Amendments to End-Use and End-User Based Export Controls, Including U.S. Persons Activities Controls: Military and Intelligence End Uses and End Users.	IFR?
10/31/2023	0694-AI45	DOC/ BIS	Revision of Licensing Requirements of Certain Cameras, Systems, or Related Components	IFR
08/16/2023	0694-AJ35	DOC/ BIS	Taking Additional Steps to Address the National Emergency with Respect to Significant Malicious Cyber-Enabled Activities	NPRM
12/15/2023	2060-AU37	EPA/ OAR	National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Commercial Sterilization and Fumigation Operations	NPRM
12/12/2023	2070-AK73	EPA/ OCSPP	1-Bromopropane (1-BP); Regulation Under the Toxic Substances Control Act (TSCA)	NPRM
11/14/2023	2070-AK64	EPA/ OCSPP	Fees for the Administration of the Toxic Substances Control Act (TSCA)	Final
11/02/2023	2070-AK85	EPA/ OCSPP	N-Methylpyrrolidone (NMP); Regulation under the Toxic Substances Control Act (TSCA)	NPRM
10/11/2023	2050-AH17	EPA/ OLEM	Clean Water Act Hazardous Substance Facility Response Plans	Final
09/25/2023	2050-AH22	EPA/ OLEM	Accidental Release Prevention Requirements: Risk Management Program Under the Clean Air Act; Safer Communities by Chemical Accident Prevention	Final
12/07/2023	0790-AK86	DOD/ OS	Department of Defense (DoD)-Defense Industrial Base (DIB) Cybersecurity (CS) Activities	Final

  

Review – Substack Annual Update 1-1-24

NOTE: I do not normally abbreviate a Substack Update post, but I am making an exception for the first of the year since this is taking a bit of a different look at things.

I would like to start off the New Year with a hearty thank you to all of my Readers and a brief look back at 2023.

CFSN Detailed Analysis

I started this newsletter in May of 2021 as a means to monetize my continued efforts at Chemical Facility Security News (the CFSN of this title). I had been writing that blog for 14 years and had only received a few hundred dollars for those efforts over the years, mostly through payments for Google ads with some intermittent support through donations. Keeping that blog up requires a great deal of time and I have recently been supporting myself with Social Security and a part-time job. I had been hoping to reduce the time as a part-timer, but that has not yet been possible.

Chemical Facility Security News

This blog continues to be an important part of my life. I had a record number of posts (1131 vs 846 in 2022) last year, or an average of just over three per day. A large part of that increase is due to the new ‘Short Takes’ posts that I started in the fall of 2022. These are listings of articles that I have read that day that I think are worth sharing with my readers. I include a pull quote of what I think is an important part of the author’s point of view for those that do not have time to read the article. I had been doing something similar on TWITTER.com for years for individual articles, I just formalized it here in digest form. It has been very popular. Generally, the “Short Takes” posts are the last post of the day. Frequently, a number of articles on a single topic (or class of topics) will present themselves earlier in the day. I will combine them into a ‘special’ edition, most frequently a ‘Geek Edition’ for posts on scientific topics.

Future ICS Security News

This fictional blog has not been very active this year. The extra time that I have been putting into the other two publications has come mainly from the effort that would have gone into these posts. While these stories are fictional, they do have some inspirational basis in fact. This makes it more difficult, and time consuming to write. I want to continue these posts with some level of predictability (hard to drive readers to the site without that predictability), but I am still working out the logistics of keeping all three publications going.

Other Publications

From time to time, I am asked to contribute an article to other publications. I do list myself as a ‘freelance writer’ on LinkedIn, so I almost always respond favorably to such requests. I prefer to get paid for such articles, but I have been known to do such article pro bono when the topic or the publication is of particular interest. I typically report these articles in the appropriate ‘Substack Daily Update’ post.

Personal

I turned 70 last year, finally reaching middle age. I am happy to report that I am hale and healthy. To paraphrase the song I may not be as good as I once was, but I am good once as I ever was. My wife and I have slowed down from our early days, but we both continue to do most of what matters to us most. You cannot ask for much more from life. Please take a look at the Wife’s jewelry site on Etsy, Bama Beader.

 

For a larger discussion on the topics above, see my article on CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/substack-annual-update-1-1-24 - subscription required.