Short Takes – 5-3-24

Launching an effective bird flu vaccine quickly could be tough, scientists warn. NPR.org article. Pull quote: “"I wish there would be more transparency about what's going on because ultimately if we're ever going to ask people to use vaccines they need to understand the process by which they were generated so they can have confidence in that process. And we cannot do that at the last minute," Nuzzo said. "We saw the challenges of doing that in COVID and I do not want to see us do that again."”

Addition of Diisononyl Phthalate Category; Community Right-to-Know Toxic Chemical Release Reporting; Correction. Federal Register EPA rule correction. Summary: “The Environmental Protection Agency (EPA or the Agency) is correcting a final rule that appeared in the Federal Register on July 14, 2023, which added a diisononyl phthalates (DINP) category to the list of toxic chemicals subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). However, the amendment could not be incorporated into the regulation due to an inaccurate amendatory instruction. This document corrects the amendatory instructions.”

Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA). Federal Register EPA final rule. The Environmental Protection Agency (EPA or the Agency) is finalizing amendments to the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA). The purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without consideration of costs or non-risk factors, including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, under the conditions of use. EPA reconsidered the procedural framework rule for conducting such risk evaluations and is revising certain aspects of that framework to better align with the statutory text and applicable court decisions, to reflect the Agency's experience implementing the risk evaluation program following enactment of the 2016 TSCA amendments, and to allow for consideration of future scientific advances in the risk evaluation process without need to further amend the Agency's procedural rule. Effective date: July 2^nd, 2024.

Availability of Three Draft Toxicological Profiles. Federal Register TSDR notice. Summary: “The Agency for Toxic Substances and Disease Registry (ATSDR), within the Department of Health and Human Services (HHS), announces the opening of a docket to obtain comments on drafts of three updated toxicological profiles: acrolein, n-hexane, and naphthalene. This action is necessary as this is the opportunity for members of the public and organizations to submit comments on drafts of the profiles. The intended effect of this action is to ensure that the public can note any pertinent additional information or reports on studies about the health effects caused by exposure to the substances covered in these three profiles for review.” Comments due May 3^rd, 2024.

Review - Senate Moves to Debate HR 3935 – FAA Reauthorization

As I mentioned last night, yesterday the Senate voted to proceed with the consideration of on HR 3935, the Securing Growth and Robust Leadership in American Aviation Act, by a vote of 81 to 10. As with the earlier cloture vote, the opposition was evenly split between Democrats and Republicans. Debate will continue when the Senate returns from the weekend recess on Tuesday. The current 5-year authorization expires on May 10^th, 2024, so there may be a short term extension bill passed next week.

 

For more details about yesterday’s consideration of HR 3935, including a look at some proposed amendments of interest, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/senate-moves-to-debate-hr-3935 - subscription required.

Short Takes – 5-2-24

US says Russia used choking agents against Ukrainian troops, breaching chemical weapons ban. CNN.com article. Pull quote: “Chloropicrin was widely used as a chemical warfare agent in World War I, but is no longer authorized for military use, and is now mostly used in agriculture, according to the CDC. It irritates the lungs, eyes, and skin, and can cause nausea, vomiting and diarrhea lasting for weeks, according to the CDC.” Of course, the US reportedly used CS gas (riot control agent) in tunnels in Vietnam in the 60’s and 70’s, just saying…

China set to blast off to the far side of the moon—here's what it could discover. Phys.org article. Pull quote: “The mission is set for launch using a long March 5 rocket at the Wenchang satellite launch center in Hainan province on May 3. The spacecraft due to land on the moon is projected to weigh 3,200kg carrying scientific equipment from France, Italy and the European Space Agency.”

Chemical Engineer. USAJobs.gov CSB job posting. Summary: “This position is part of the Chemical Safety and Hazard Investigation Board. The incumbent will be responsible for organizing, managing, and coordinating the investigation and analysis of major incidents involving the accidental release of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source and writing, developing, and presenting reports with safety recommendations.” Position closes 5-13-24.

Physical Scientist. USAJobs.gov PHMSA job posting. Summary: “Position is located in the Office of Hazardous Materials Safety (OHMS), Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). Serves as a national/international expert in packaging, operational control and classification of radioactive and nuclear material for the transportation of hazardous materials.  Assists in developing Federal policy and regulations for safe transportation of radioactive and nuclear materials by highway, air, rail, and water.” Position closes 5-22-24.

General Engineer (Project Coordinator). USAJobs.gov PHMS job posting. Summary: “The purpose of this position is to direct and manage projects relating to pipeline safety within an Office of Pipeline Safety (OPS) Inspection Development and Support Office. The employee will assist in developing criteria to support and conduct system-wide Federal pipeline safety compliance inspections (Rule Implementation). Assist and manage a variety of projects and initiatives under the scope of the Inspection Development and Support Director.” Position closes 05/09/2024.

Lab automation gives me more time at the top of the mountain. ChemistryWorld.com article. The benefits of automation, even in science. Pull quote: “I have to say, though, that it’s not like I’ve stepped into a time machine to do everything the way it was done in the early 1980s. Back then, I packed all my own chromatography columns and eluted them by hand, filling the solvent from the top and cutting fractions from the bottom. Each of those fractions would then be checked by thin-layer chromatography (TLC), and I would not even want to guess how many TLCs I ran back then. But that’s all gone. Any organic chemistry lab that can afford to do it switched over years ago to chromatography machines that use pre-packed columns, collect their own fractions, and can be set to only do so when they detect something coming off the column. We, meanwhile, go off and do something else.”

Review – Senate Passes First Cloture vote on HR 3935 – FAA Reauthorization

Yesterday, the Senate conducted their first cloture vote on HR 3935, the Securing Growth and Robust Leadership in American Aviation Act. The vote to close debate on the motion to proceed to consideration of the bill passed by a vote of 89 to 10, with the opposition evenly split between Democrats and Republicans. With the debate officially begun, the proposed amendments started to flow, with 33 amendments offered. The actual vote on proceeding to consider HR 3935 takes place today.

The first important amendment is SA 1911, the substitute language offered by Sen Cantrell (D,WA). While this would typically be language from the Senate version of the bill (S 1939 in this case), a quick look at the table of contents on both shows way more stuff (and a slightly different organization) in the SA 1911 language. So we can, for all practical purposes, ignore S 1939.

There were 32 additional amendments proposed yesterday (listed here and here). One of those may be of interest here: SA 1932 which was proposed by Sen Peters (D,MI). It would add a new §1112, Counter UAS Authorities to the legislation. This would completely rewrite 6 USC 124n, Protection of certain facilities and assets from unmanned aircraft. This amendment is very similar to S 1631 introduced by Peters in May of 2023. No action has been taken on that bill to date.

More debate on the bill has taken place today, including a vote on the actual motion to begin consideration (it passed). I will have more details on today’s vote and new amendments tomorrow (have to wait for the Congressional Record to be printed for those amendments).

 

For more details about the cybersecurity and UAS provision of SA 1911, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/senate-passes-first-cloture-vote - subscription required.

Review – 2 Advisories and 1 Update Published – 5-2-24

Today, CISA’s NCCIC-ICS published two control system security advisories for products from Delta Electronics and CyberPower.  They also updated (again) the advisory from Chirp Systems. I take another look at Brown’s statements about the Chirp Systems vulnerability.

Advisories

Delta Advisory - This advisory describes three vulnerabilities in the Delta DIAEnergie industrial energy management system.

CyberPower Advisory - This advisory describes nine vulnerabilities in the CyberPower Power Panel product.

Updates

Chirp Systems Update - This update provides additional information on an advisory that was originally published on March 7^th, 2024 and  most recently updated on April 25^th, 2024.

 

For more details about these vulnerabilities, including a summary of changes made to the updated advisory and a commentary about the differences between the researcher and vendor looks at the Chirp Systems vulnerability, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/2-advisories-and-1-update-published-621 - subscription required.

Bills Introduced – 5-1-24

Yesterday, with both the House and Senate in session, there were 62 bills introduced. Three of those bills may receive additional attention here:

HR 8197 To amend the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 to impose sanctions on foreign countries in response to acts concerning chemical or biological programs that cause injury to other foreign countries, and for other purposes. Banks, Jim [Rep.-R-IN-3]

HR 8216 To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2024 through 2028, and for other purposes. Ruiz, Raul [Rep.-D-CA-25]

S 4230 A bill to improve the tracking and processing of security and safety incidents and risks associated with artificial intelligence, and for other purposes. Warner, Mark R. [Sen.-D-VA]

I will be covering HR 8197 and HR 8216, but I doubt that HR 8216 will be going anywhere as the Senate has started consideration of HR 3935, on the same topic. More on bill later.

I will be watching S 4230 for language and definitions that would specifically include AI used in support or control of operational technology.

Short Takes – 5-1-24

The private sector probably isn’t coming to save the NVD. TalosIntelegence.com blog post. Pull quote: “Unfortunately, I don’t have a great answer for this, either. I’m far from an expert on vulnerability management, nor do I have any connections to the federal government. But I do feel the onus is on the government to come up with a solution, and potentially provide incentives for companies and researchers to participate in this new proposed consortium because I don’t see the incentives there for the private sector to come up with their own solution.”

U.S. Chemical Safety Board Applauds New National Fire Protection Association Guidance to Prevent Fires and Explosions Involving Hazardous Materials. CSB.gov press release. Pull quote: “In December 2023, the NFPA published NFPA 401, Recommended Practice for the Prevention of Fires and Uncontrolled Chemical Reactions Associated with the Handling of Hazardous Waste,” which went into effect on December 21, 2023.” Not really timely…

2024 Atlantic hurricane season storm names listed: Is your name on the list? USAToday.com article.

Information Security and Privacy Advisory Board. Federal Register NIST meeting notice. Summary: “National Institute of Standards and Technology (NIST)'s Information Security and Privacy Advisory Board (ISPAB) will hold an open meeting on Tuesday, May 21, 2024, from 2:30 p.m. until 3:30 p.m., Eastern Time.”

Cats died after drinking raw milk from cows infected with bird flu: CDC. TheHill.com article. Pull quote: Scientists reported that in mid-March, about 24 cats were fed raw milk at a Texas farm before the cows were known to be sick. One day after the cows showed visible signs of illness, the cats also became sick, and one to two days later, more than half of the cats grew ill and died.”