Internet Report

Previous Stage: ANPRM: Publication Date 02/20/91; End of Comment Period 03/21/1991. NPRM: Publication Date 05/21/93; End of Comment Period 10/18/93.

Summary: This rulemaking will implement the Sanitary Food Transportation Act of 1990 requirement that DOT issue regulations to: (1) prohibit use of a tank, rail tank car, or cargo tank to transport food if such vehicle is also used to transport a nonfood product other than a nonfood product determined by the Secretary to be acceptable; (2) prohibit use of any other rail or motor vehicle to transport food, if such vehicle is also used to transport nonfood products determined by the Secretary to be unacceptable; and (3) require the use of dedicated vehicles to transport asbestos and extremely dangerous products. DOT submitted draft legislation to Congress in April of 1997 that would make the Food and Drug Administration (FDA) of HHS, rather than DOT, the lead agency on this topic. DOT would have retained highway and rail inspection responsibilities and notified FDA of apparent problems. This proposed legislation was part of DOT's NEXTEA II bill and was introduced as H.R. 1720 and S. 1234 in 1997.

Effects:

Economically Significant
Major
Unfunded Mandate
Federalism
EIS

Prompting action: Statute

Legal Deadline:

Final rule due by : 08/01/1991

Rulemaking Project Initiated: 10/21/1990

Dates for Undetermined:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST
To OMB
OMB Clearance
Publication Date
End of Comment Period

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Undetermined: None

Research and Special Programs Administration

95.

Response Plans for Onshore Oil Pipelines

Red

Popular Title: Oil Pipeline Response

RIN 2137-AC30

Stage: Final Rule

Previous Stage: Interim Final Rule: Publication Date 01/05/1993; End of Comment Period 02/19/1993; Notice of Public Meeting 06/15/1994; Notice of Public Hearing 1/21/1997.

Summary: This rulemaking would establish regulations requiring response plans for certain onshore oil piplines. They are mandated by the Federal Water Pollution Control Act as amended by the Oil Pollution Act of 1990. The purpose of these requirements is to improve response capabilities and minimize the impact of onshore oil spills from pipelines.

Effects:

None

Prompting action: Statute

Legal Deadline:

Final rule by : 08/18/1992

Rulemaking Project Initiated: 04/12/1992

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	05/07/2002	12/14/2002
To OMB	06/03/2002	01/16/2003
OMB Clearance	09/06/2002	04/16/2003
Publication Date	09/13/2002	04/21/2003

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: None

Research and Special Programs Administration

96.

Applicability of the Hazardous Materials Regulations to Loading, Unloading, and Storage

Red

Popular Title: Applicability of HMR to Loading and Unloading

RIN 2137-AC68

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 07/29/96; End of Comment Period 11/30/96. SANPRM: Publication Date 04/27/99; Extension of Comment Period 07/26/99; End of Comment Period 08/25/99. NPRM: Publication Date 08/28/2001; End of Extended Comment Period 02/01/2002.

Summary: This rulemaking would clarify the applicability of the Hazardous Materials Regulations (HMR) to specific functions and activities, including hazardous materials loading and unloading operations and storage of hazardous materials during transportation. RSPA intends to list in the HMR pre-transportation and transportation functions to which the HMR apply. Pre-transportation functions are functions performed to prepare hazardous materials for movement in commerce by persons who offer a hazardous material for transportation or cause a hazardous material to be transported. Transportation functions are functions performed as part of the actual movement of hazardous materials in commerce, including loading, unloading, and storage of hazardous materials that is incidental to their movement. RSPA also proposes to clarify that "transportation in commerce," for purposes of applicability of the HMR, begins when a carrier takes possession of a hazardous material and continues until the carrier delivers the package containing the hazardous material to its destination as indicated on shipping papers.

Effects:

Regulatory Flexibility Act
Federalism

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 01/05/1996

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	02/02/2003	04/15/2003
To OMB	02/28/2003	05/16/2003
OMB Clearance	05/28/2003	08/18/2003
Publication Date	06/15/2003	08/22/2003

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for Final Rule: None

Research and Special Programs Administration

97.

Hazardous Materials: Transportation of Oxygen Cylinders on Aircraft

Black

Popular Title: Oxygen Cylinders

RIN 2137-AD33

Stage: Undetermined

Previous Stage:None

Summary: This rulemaking would require oxygen cylinders to be placed in an outer container that meets certain thermal and heat protection requirements when transported in cargo compartments on aircraft. A separate rulemaking addressing the use of passenger owned cylinders of oxygen during a flight is under RIN 2105-AC29. This rulemaking is closely related to an FAA determination in 2120-AG35 (Prohibition of the Transportation of Devices Designed as Chemical Generators as Cargo in Aircraft).

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 03/01/2000

Dates for Undetermined:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST
To OMB
OMB Clearance
Publication Date
End of Comment Period

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None

Research and Special Programs Administration

98.

External Product Piping on Cargo Tanks Transporting Flammable Liquids

Red

Popular Title: Wetlines Rule

RIN 2137-AD36

Stage: ANPRM

Previous Stage:None

Summary: This rulemaking would reduce the risks associated with the retention of flammable liquids in unprotected product piping on cargo tank motor vehicles during transportation (wetlines). RSPA had earlier planned to publish an NPRM by July 2002. This rulemaking responds to an NTSB recommendation.

Effects:

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
EIS

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 01/19/2000

Dates for ANPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	11/01/2002		11/26/2002
To OMB	12/01/2002	01/06/2003
OMB Clearance	01/01/2003	04/04/2003
Publication Date	02/01/2003	04/11/2003
End of Comment Period	04/01/2003

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for ANPRM: None

Research and Special Programs Administration

99.

Hazardous Materials: Reduction of Registration Fees

Green

Popular Title: Hazmat Registration Fees

RIN 2137-AD53

Stage: Final Rule

Previous Stage: NPRM: Publication Date 12/07/00; End of Comment Period 02/02/01.

Summary: This rulemaking would reduce the hazmat registration fee for all persons who transport or offer for transportation certain categories and quantities of hazmat, replaces the reference to the standared industrial classification (SIC) with the North American Industry Classification System (NAICS), and clarify the registration fee for not-for-profit organizations. This rulemaking appears in the agenda as a nonsignificant rule. Because of the overwhelming public interest in this rulemaking, RSPA is upgrading the rule to significant.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 05/06/1999

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	09/26/2002		09/26/2002
Returned to Mode			10/05/2002
Resubmitted to OST		11/05/2002	11/07/2002
To OMB	10/31/2002	11/30/2002	12/16/2002
OMB Clearance	01/30/2003	02/28/2002	12/31/2002
Publication Date	02/05/2003	03/05/2002

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

Research and Special Programs Administration

100.

Pipeline Safety: Pipeline Integrity Management in High Consequence Areas (Gas Transmission Pipeline Operators)

Green

Popular Title: PIM - Gas Pipelines

RIN 2137-AD54

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would address gas transmission lines in high consequence areas, direct assessment, and an overall integrity management program. RSPA withdrew this rule from OMB to make changes to it to conform with the new Pipeline Reauthorization Act of 2002.

Effects:

Economically Significant
Major
Unfunded Mandate

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 05/19/2001

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	09/30/2002		07/15/2002
Returned to Mode			07/19/2002
Resubmitted to OST			08/14/2002
To OMB	10/31/2002		08/29/2002
Withdrawn from OMB			11/19/2002
Resubmitted to OMB		11/29/2002	12/02/2002
OMB Clearance	01/31/2003	01/06/2003
Publication Date	02/03/2003	01/13/2003
End of Comment Period

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Research and Special Programs Administration

101.

Security Requirements for Offerors and Transporters of Hazardous Materials

Yellow

Popular Title: Hazmat Security

RIN 2137-AD67

Stage: Final Rule

Previous Stage: NPRM: Publication Date 5/2/2002; End of Comment Period 6/3/2002; Comment Period Extended 5/23/2002; End of Extended Comment Period 7/3/2002.

Summary: This rulemaking would establish new requirements to enhance the security of hazardous materials transported in commerce. Shippers and carriers of certain highly hazardous materials would be required to develop and implement security plans. In addition, all shippers and carriers of hazardous materials would be required to assure that their employee training includes a security component.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline:

None

Rulemaking Project Initiated: 03/01/2002

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	11/08/2002		11/08/2002
To OMB	12/23/2002
OMB Clearance	03/24/2003
Publication Date	03/28/2003

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

Transportation Security Administration

Transportation Security Administration

102.

Imposition and Collection of Passenger Civil Aviation Security Service Fees

Green

Popular Title: Security Service Fees

RIN 2110-AA01

Stage: Disposition of Comments

Previous Stage: Interim Final Rule: Publication Date 12/31/2001; End of Comment Period 03/01/2002; Reopening of Comment Period 03/28/2002; End of Reopened Comment Period 04/30/2002.

Summary: TSA previously imposed a $2.50 security service fee on airline passengers for tickets sold starting in February 2002 as required by the Aviation and Transportation Security Act (ATSA). This rulemaking would implement the specific requirements for collection and remittance.

Effects:

None

Prompting action: Statute

Legal Deadline:

Publish a notice by : 01/19/2002

Rulemaking Project Initiated: 11/27/2001

Dates for Disposition of Comments:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	03/31/2003
Publication Approved	05/01/2003
Publication Date	05/08/2003

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: None

Transportation Security Administration

103.

Aviation Security Infrastructure Fees

Green

Popular Title: Aviation Security Infrastructure Fees

RIN 2110-AA02

Stage: Disposition of Comments

Previous Stage: Interim Final Rule: Publication Date 02/20/2002; Correction 02/25/2002; End of Comment Period 03/18/2002; Extension of Comment Period 03/20/2002; End of Comment Period Extension 04/02/2002.

Summary: This rulemaking would provide additional guidance for completing Appendix A of the Interim Final Rule regarding the Aviation Security Infrastructure Fee. That rule requires carriers to provide information on their costs related to passenger and property screening for 2000. This guidance would not impose any additional requirements.

Effects:

None

Prompting action: Statute

Legal Deadline:

Publish a notice by : 01/19/2002

Rulemaking Project Initiated: 12/30/2001

Dates for Disposition of Comments:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	03/31/2003
Publication Approved	05/01/2003
Publication Date	05/08/2003

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: None

Transportation Security Administration

104.

Civil Aviation Security Rules

Green

Popular Title: Transfer of functions from FAA to TSA

RIN 2110-AA03

Stage: Disposition of Comments

Previous Stage: Final Rule: Publication Date 02/22/2002; End of Comment Period 03/25/2002.

Summary: This rulemaking transfers the FAA's rules governing civil aviation security to TSA. This rulemaking also amends those rules to enhance security as required by recent legislation. This rulemaking also requires additional qualifications, training, and testing of individuals who screen persons and property that are carried in passenger aircraft. It is intended to improve the quality of screening conducted by aircraft operators and foreign air carriers. This rule is being adopted to improve the qualifications of individuals performing screening, and thereby to improve the level of security in air transportation. This will help ensure a smooth transition of aviation security from the FAA to TSA and avoid disruptions in air transportation due to any shortage of qualified screeners.

Effects:

None

Prompting action: Statute

Legal Deadline:

Final Rule by : 02/17/2002

Rulemaking Project Initiated: 12/01/2001

Dates for Disposition of Comments:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	12/31/2002
Publication Approved	02/01/2003
Publication Date	02/08/2003

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: None

Transportation Security Administration

105.

Security Programs for Aircraft with a Maximum Certificated Takeoff Weight of 12,500 Pounds or More

Yellow

Popular Title: 12,500 Pounds or More

RIN 2110-AA04

Stage: Disposition of Comments

Previous Stage: Final Rule: Publication Date 02/22/2002; End of Comment Period 04/23/2002.

Summary: This rulemaking would require that certain aircraft operators using aircraft with a maximum certificated takeoff weigh of 12,500 pounds or more carry out security measures. This rulemaking would require that certain aircraft operators conduct criminal history records checks on their flightcrew members and restrict access to the flight deck. These measures are necessary to comply with Congressional mandates and to enhance security in air transportation.

Effects:

None

Prompting action: Statute

Legal Deadline:

Final Rule by : 02/17/2002

Rulemaking Project Initiated: 01/15/2002

Dates for Disposition of Comments:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	11/29/2002
Publication Approved	12/30/2002
Publication Date	01/08/2003

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: None

Transportation Security Administration

106.

Aviation Security: Private Charter Security Rules

Green

Popular Title: Private Charter Security

RIN 2110-AA05

Stage: Disposition of Comments

Previous Stage: Final Rule: Publication Date 06/19/2002; End of Comment Period 7/19/2002.

Summary: This document amends aviation security requirements concerning passenger and accessible property screening in certain private charter passenger operations. TSA issued the existing standard in June 2002, which requires private charter operators using aircraft with a maximum certificated takeoff weight of 95,000 pounds or more, to ensure that passengers and their carry-on baggage are screened prior to boarding. TSA is amending the rule to adopt an international standard, and so now private charter operations in aircraft with a maximum certificated takeoff weight greater than 45,500 kg (100,309.3 pounds), or with a passenger seating configuration of 61 or more will be subject to this rule. As a result of this change, additional aircraft are now covered by the rule that were not previously subject to it. TSA is establishing a new compliance date for operators of these aircraft, in order to provide them sufficient time to develop procedures required by this rule and the security program. Also, under this amendment, non-TSA screeners are permissible in certain circumstances. Finally, if an operator cannot complete the required training for screeners by December 1, 2002, the rule now provides for an extension of time to complete the training.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 05/08/2002

Dates for Disposition of Comments:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	11/29/2002		11/22/2002
Publication Approved	12/31/2002		12/20/2002
Publication Date	01/08/2003		12/31/2002

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: 67 FR 41635

Transportation Security Administration

107.

Fingerprint-Based Criminal History Records Checks: Escorted Access

Red

Popular Title: Criminal History/Escorted Access

RIN 2110-AA08

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would amend the rules applying to airports and aircraft operators that require fingerprint-based criminal history records checks (CHRC) for certain individuals with access to secured areas in airports. It would require individuals who regularly have escorted access to secured areas to undergo CHRC and to wear an individual badge. Also, it would amend the standards for "escorting" to reduce the likelihood that persons under escort in secured areas could threaten or endanger security. It would respond to a statutory mandate and it would enhance aviation security.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 06/24/2002

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	07/09/2002		07/09/2002
Returned to Mode			11/08/2002
To OMB	08/09/2002
OMB Clearance	11/12/2002
Publication Date	11/19/2002
End of Comment Period	01/20/2003

Explanation for any delay:

Awaiting development of additional data

Federal Register Citation for NPRM: None

Transportation Security Administration

108.

Protection of Sensitive Security Information for All Modes of Transportation

Green

Popular Title: Information Protection for All Modes

RIN 2110-AA10

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would amend the regulation governing the protection of sensitive security information (SSI) to expand the regulation's coverage to security information related to non-aviation modes of transportation. The current regulation covers information primarily related to aviation security. This rulemaking would make several revisions to the regulation. In addition, in order to implement its new statutory authority to protect sensitive security information in all modes of transportation, TSA will amend the SSI regulation to specifically cover information in all modes regulated by the Department of Transportation and relevant entities in those modes that may create and receive SSI.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline:

None

Rulemaking Project Initiated: 03/13/2002

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	12/31/2002
To OMB	01/31/2003
OMB Clearance	04/30/2003
Publication Date	05/08/2003
End of Comment Period

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Transportation Security Administration

109.

Threat Assessments Regarding Citizen Holders of, or Applicants for, FAA Certificates

Green

Popular Title: Threat Assessments-Citizen Pilot Certificates

RIN 2110-AA14

Stage: Final Rule with Request for Comments

Previous Stage:None

Summary: This action provides the process by which the Transportation Security Administration (TSA) will notify the citizen holder of, or applicant for, a Federal Aviation Administration (FAA) certificate, and the FAA, if the TSA has determined that the certificate holder poses a security threat. This process, in the normal case, would offer the certificate holder the opportunity to respond to the initial notification. This rulemaking coordinates with FAA rulemaking 2120-AH84.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline:

None

Rulemaking Project Initiated: 10/30/2002

Dates for Final Rule with Request for Comments:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	11/29/2002		11/14/2002
To OMB	12/30/2002
OMB Clearance	03/31/2003
Publication Date	04/07/2003
End of Comment Period

Explanation for any delay:

N/A

Federal Register Citation for Final Rule with Request for Comments: None

Transportation Security Administration

110.

Threat Assessments Regarding Alien Holders of, or Applicants for, Federal Aviation Administration Certificates

Green

Popular Title: Threat Assessments-Alien Pilot Certificates

RIN 2110-AA17

Stage: Final Rule with Request for Comments

Previous Stage:None

Summary: This action provides the process by which the Transportation Security Administration (TSA) will notify the alien holder of, or applicant for, a Federal Aviation Administration (FAA) certificate, and the FAA, if the TSA has determined that the certificate holder poses a security threat. This process, in the normal case, would offer the certificate holder the opportunity to respond to the initial notification. This rulemaking coordinates with FAA rulemaking 2120-AH84.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline:

None

Rulemaking Project Initiated: 10/30/2002

Dates for Final Rule with Request for Comments:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	11/29/2002		11/14/2002
To OMB	12/30/2002
OMB Clearance	03/31/2003
Publication Date	04/07/2003
End of Comment Period

Explanation for any delay:

N/A

Federal Register Citation for Final Rule with Request for Comments: None

U.S. Coast Guard

U.S. Coast Guard

111.

Discharge-Removal Equipment for Vessels Carrying Oil

Green

Popular Title: Spill Equipment Requirements

RIN 2115-AD66

Stage: Final Rule

Previous Stage: ANPRM : Publication Date 8/30/91; End of Comment Period 10/19/91. NPRM: Publication Date 9/29/92; Extended Comment Period 10/26/92; End of Comment Period 11/16/92. Interim Final Rule: Publication Date 12/22/1993; Correction 1/26/94; End of Comment Period 2/22/94.

Summary: This OPA 90 rulemaking would require vessels carrying oil in bulk as cargo to carry discharge removal equipment, install spill prevention coamings, and install emergency towing arrangements. This rule also would require vessels to have a prearranged capability to calculate damage stability in the event of a casualty.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 10/27/1990

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	03/31/2003
To OMB	05/06/2003
OMB Clearance	08/05/2003
Publication Date	08/30/2003

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

U.S. Coast Guard

112.

Escort Vessels for Certain Oil Tankers

Green

Popular Title: Tanker Escort

RIN 2115-AE10

Stage: Notice

Previous Stage: NPRM: Publication Date 7/7/92; End of Comment Period 9/8/92; Comment Period Reopened 3/26/93; Notice of Public Hearings 4/29/93; Correction 5/19/93; End of 2nd Comment Period 6/24/93; Notice of availability of Part 1 of study 1/10/94. Final Rule: Request for Comments 8/19/94; Partial suspension crash stop criteria 11/1/94; Partial suspension effective date 11/17/94; End of comment period 1/30/95; Notice of availability of Part 2 study 2/1/95.

Summary: This rulemaking requires escort vessels for certain oil tankers transmitting Prince William Sound, Alaska, and Puget Sound, Washington. It is mandated by the Oil Pollution Act of 1990 (OPA 90). The regulations will reduce the chances of a tanker running aground or colliding as a result of loss of propulsion or steering control, thereby potentially reducing the risk of an oil spill. On November 1, 1994, the crash-stop provision in 33 CFR 168.50(g)(2)was suspended and comments requested. This rulemaking will be closed out by a final notice. Comments received on the final rule and the crash stop suspension will be addressed in a new rulemaking. Earlier, Coast Guard had scheduled an SNPRM that was to be published by June 2, 2003. That schedule will be met by a new NPRM under a new RIN 2115-AG51.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 09/19/1991

Dates for Notice:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	05/01/2003
Publication Approved	05/19/2003
Publication Date	06/02/2003

Explanation for any delay:

N/A

Federal Register Citation for Notice: None

U.S. Coast Guard

113.

Escort Vessels in Certain U.S. Waters

Red

Popular Title: Escorts in U.S. Waters

RIN 2115-AE56

Stage: Withdrawal

Previous Stage: ANPRM: Publication Date 4/27/93; End of Comment Period 6/28/93; Request for Comments 12/21/94; End of Comment Period 2/13/95.

Summary: This rulemaking sought comment on where an escort should be required for vessels navigating in the waters of the United States (excluding Prince William Sound and Puget Sound) and which vessels should be required to comply with an escort rule. This rule would have addressed carriage of oil and hazardous substances (including PWS and PS).

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline:

None

Rulemaking Project Initiated: 07/28/1995

Dates for Withdrawal :

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/15/2002	01/22/2003
Publication Approved	04/29/2002	02/18/2003
Publication Date	05/08/2002	02/25/2003

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Withdrawal : None

U.S. Coast Guard

114.

Marine Transportation - Related Facility Response Plans, and Response Equipment for Hazardous Substances

Green

Popular Title: Haz Mat Fac. Response Plans

RIN 2115-AE87

Stage: Interim Final Rule

Previous Stage: ANPRM: Publication Date 5/3/96; End of Comment Period 9/3/96. NPRM: Publication Date 3/31/2000; End of Comment Period 6/21/00; End of Extended Comment Period 8/30/99.

Summary: This rulemaking would require response plans for any marine transportation-related (MTR) facility that, because of its location, could reasonably be expected to cause substantial or significant and substantial harm to the environment by discharging a hazardous substance. These regulations are mandated by the Oil Pollution Act of 1990 (OPA90), which requires the President to issue regulations requiring the preparation of hazardous substance response plans. NOTE: Related RIN 2115-AE88 (Vessel Response Plans).

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 10/27/1990

Dates for Interim Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	10/01/2003
To OMB	10/30/2003
OMB Clearance	01/30/2004
Publication Date	02/12/2004
End of Comment Period	05/12/2004

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: None

U.S. Coast Guard

115.

Tank Vessel Response Plans for Hazardous Substances

Red

Popular Title: HazMat Vessel Response Plans

RIN 2115-AE88

Stage: Interim Final Rule

Previous Stage: ANPRM: Publication Date 5/3/1996; End of Comment Period 9/3/1996. NPRM: Publication Date 03/22/1999; Comment Period Extended 6/15/1999; End of Comment Period 6/21/1999; End of Extended Comment Period 8/30/1999.

Summary: This rulemaking would require response plans for: (1) certain tank vessels operating on navigable waters of the United States or (2) any marine transportation-related (MTR) facility that, because of its location, could reasonably be expected to cause substantial or significant and substantial harm to the environment by discharging a hazardous substance. These regulations are mandated by the Oil Pollution Act of 1990 (OPA90), which requires the President to issue regulations requiring the preparation of hazardous substance response plans. NOTE: The ANPRM for this rule included the related RIN 2115-AE87 (Facility Response Plans).

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 08/18/1990

Dates for Interim Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST		04/01/2003
To OMB		05/06/2003
OMB Clearance		08/06/2003
Publication Date	10/31/2002	08/20/2003

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Interim Final Rule: None

U.S. Coast Guard

116.

Implementation of the 1995 Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW)

Green

Popular Title: '95 Amends to Internat'l Conv on STCW

RIN 2115-AF26

Stage: Final Rule

Previous Stage: Notice of Meeting and Comment Period: Publication Date 8/2/95; End of Comment Period 9/29/95. Notice of Inquiry: Publication Date 11/13/95; End of Comment Period 1/12/96. NPRM: Publication Date 3/26/96; Notice of Public Meetings 4/8/96; End of Comment Period 7/24/96; Notice of Intent 2/4/97. Interim Rule: Publication Date 6/26/97; End of Comment Period 12/23/97; Correction 7/25/97; Correction 7/28/97.

Summary: This rulemaking amended the current domestic rules on licensing and documentation of personnel serving on U.S. seagoing vessels. The Interim Rule implements the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended in 1995. The Final Rule awaits evaluation of the Interim Rule. STCW became fully effective for all personnel in August 2002, and we would like to gain experience under it before we issue a Final Rule.

Effects:

None

Prompting action: International Agreement

Legal Deadline:

None

Rulemaking Project Initiated: 08/01/1995

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/30/2003
To OMB	05/28/2003
OMB Clearance	08/27/2003
Publication Date	09/10/2003

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

U.S. Coast Guard

117.

Salvage and Marine Firefighting Requirements; Vessel Response Plans for Oil

Green

Popular Title: Salvage and Equipment

RIN 2115-AF60

Stage: Final Rule

Previous Stage: Final Rule: Partial Suspension 2/12/98; Partial Suspension 1/17/01. NPRM: Publication Date 05/10/2002; End of Comment Period 8/8/2002.

Summary: The Coast Guard suspended the effective dates of portions of the vessel oil spill response plan final rule (61 FR 1052; 1/12/96, 2115-AD81) because of confusion and widespread misunderstanding regarding the regulatory language. This action will better define the terms "salvage expertise and equipment" and "vessel firefighting capability" requirements. It will also reconsider the 24-hour deployment requirements of the final rule.

Effects:

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 01/01/1997

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	03/31/2003
To OMB	04/30/2003
OMB Clearance	07/30/2003
Publication Date	08/15/2003

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

U.S. Coast Guard

118.

Improvements to Marine Safety in Puget Sound-Area Waters

Red

Popular Title: Puget Sound

RIN 2115-AF68

Stage: Withdrawal

Previous Stage: ANPRM: Publication Date 12/24/1998; End of Comment Period 5/24/99; Notice of Meeting 5/8/99.

Summary: This rulemaking would consider potential safety measures that the Coast Guard could take to improve marine safety in Puget Sound-area waters. The potential measures include extended tug escort requirements for certain vessels and a dedicated pre-positioned rescue vessel. This project is being treated as a long term action so that Coast Guard can focus on the new security rules.

Effects:

Federalism
Tribal

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 01/30/1998

Dates for Withdrawal :

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/03/2002	11/20/2003
Publication Approved	10/10/2002	12/23/2003
Publication Date	10/17/2002	12/30/2003

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Withdrawal : None

U.S. Coast Guard

119.

Lease Financing for Vessels Engaged in the Coastwise Trade

Green

Popular Title: Lease Financing for Vessels

RIN 2115-AG08

Stage: Final Rule

Previous Stage: NPRM: Publication Date 5/2/01; End of Comment Period 7/2/01; Comment Period Extended 5/29/01; End of Extended Comment Period 9/4/01; Comment Period Reopened 12/14/01; End of Reopened Comment Period 1/28/02. SNPRM: Publication Date 08/09/2002; End of Comment Period 10/08/2002.

Summary: This rulemaking would amend the regulations on the documentation of vessels engaged in the coastwise trade. This rule would address statutory amendments eliminating certain barriers to seeking financing by lease for U.S. flag vessels.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 11/20/2000

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	03/06/2003
To OMB	04/06/2003
OMB Clearance	07/06/2003
Publication Date	07/20/2003

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

U.S. Coast Guard

120.

Standards for Living Organisms in Ship's Ballast Water Discharged in U.S. Waters

Green

Popular Title: Ballast Water Treatment

RIN 2115-AG21

Stage: NPRM

Previous Stage: ANPRM: Publication Date 3/4/02; End of Comment Period 6/3/02.

Summary: Congress, in the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (NANPCA), as amended by the National Invasive Species Act of 1996 (NISA), directed the Coast Guard to issue regulations and guidelines for ballast water management. This rulemaking would define a ballast water treatment goal and an interim performance standard for all ballast water methods being considered for use as an alternative to mid-ocean ballast water exchange. It is one of several Coast Guard efforts related to the overall regulation of ballast water management.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 11/21/2000

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	07/18/2004	12/30/2003
To OMB	08/16/2004	02/05/2004
OMB Clearance	11/16/2004	05/06/2004
Publication Date	12/05/2004	05/20/2004
End of Comment Period	03/18/2005	08/20/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

U.S. Coast Guard

121.

Automatic Identification System Carriage Requirement

Red

Popular Title: ID System Carriage

RIN 2115-AG36

Stage: NPRM

Previous Stage: None

Summary: This rulemaking will implement an Automatic Identification System (AIS) carriage requirement pursuant to The International Convention for Safety of Life at Sea (SOLAS). It will cover SOLAS vessels and non-SOLAS vessels operating on designated waters (i.e., Vessel Traffic Service (VTS) areas, coastal zones, inland waterways and other major waterways). AIS automatically exchanges navigational and positional information in ship-to-ship and ship-to shore-to ship modes. Safety of Life at Sea (SOLAS) is a treaty, to which the U.S. is a signatory.

Effects:

None

Prompting action: International Agreement

Legal Deadline:

None

Rulemaking Project Initiated: 02/28/2002

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	07/01/2002	09/20/2002	09/18/2002
To OMB	07/22/2002	10/29/2002	12/12/2002
OMB Clearance	10/22/2002	01/29/2003
Publication Date	10/27/2002	02/05/2003
End of Comment Period	01/27/2003	04/07/2003

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None

U.S. Coast Guard

122.

Port Security Plans

Green

Popular Title: Port Security Plans

RIN 2115-AG37

Stage: Interim Final Rule

Previous Stage: None

Summary: The Port Security rulemaking will implement the Maritime Transportation Security Act (MTSA) of 2002 and the International Maritime Organization International Ship and Port Facility Security Code (ISPFS Code) requirements that Captains of the Ports (COTPs) and port stakeholders to develop security plans for all U.S. ports. For this rulemaking, ìportsî include all areas located within or adjacent to a marine environment through which maritime commerce is being conducted or people are transported. Consistent with NVIC 9-02, Guidelines for Port Security Committees and Port Security Plans Required for U.S. Ports, and parts A and B of the International Code for Security of Ships and Port Facilities (ISPFS Code), port security plans will be developed by Port Security Committees headed by the COTPs. This rulemaking will benefit all persons and property within the ports by requiring plans and procedures to prevent, deter, detect, and respond to unlawful acts and terrorist activities. The MTSA waives the requirement for public notice and comment prior to the issuance of a rule.

Effects:

Economically Significant
Major
Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline:

Issue final rule by or Interim Final Rule loses effect : 11/25/2003

Rulemaking Project Initiated: 11/25/2002

Dates for Interim Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	03/22/2003
To OMB	04/15/2003
OMB Clearance	06/23/2003
Publication Date	06/30/2003
End of Comment Period

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: None

U.S. Coast Guard

123.

Facility Security Plans

Green

Popular Title: Facility Security Plans

RIN 2115-AG38

Stage: Interim Final Rule

Previous Stage: None

Summary: This rulemaking will implement the facility requirements in the Maritime Transportation Security Act (MTSA) of 2002 and the International Maritime Organization International Ship and Port Facility Security Code (ISPFS Code). This rulemaking will require security assessments and planning requirements for waterfront facilities and cruise ship passenger terminals and passenger terminals that provide services to ferries that are certified to carry more than 500 passengers. This rulemaking will also include provisions for training, record keeping, security equipment maintenance, and communications procedures. These requirements address awareness, prevention, response, and consequence management to reduce the security risk to facilities, ports, personnel, the public, and the marine environment. The MTSA waives the requirement for public notice and comment prior to the issuance of a rule.

Effects:

Economically Significant
Major
Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline:

Issue final rule by or Interim Final Rule loses effect : 11/25/2003

Rulemaking Project Initiated: 11/25/2002

Dates for Interim Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	03/22/2003
To OMB	04/15/2003
OMB Clearance	06/23/2003
Publication Date	06/30/2003
End of Comment Period

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: None

U.S. Coast Guard

124.

Vessel Security Plans

Green

Popular Title: Vessel Security Plans

RIN 2115-AG41

Stage: Interim Final Rule

Previous Stage: None

Summary: The Vessel Security rulemaking will affect owners and operators of U.S. vessels, including Mobile Offshore Drilling Units (MODUs) and public vessels, and foreign vessels calling on U.S. ports. This rulemaking will not cover fixed and floating platforms or other specific excluded vessels. Consistent with the Maritime Transportation Security Act (MTSA) of 2002 and parts A and B of the IMO International Code for Security of Ships and Port Facilities (ISPFS Code), the affected vessels will be required to designate security officers, develop vessel security plans based on security assessments and surveys, and implement security measures and procedures specific to each vesselís operations and to indicated Maritime Security (MARSEC) levels. Other proposed requirements include provisions for training, record keeping, security equipment maintenance, and communication procedures. This rulemaking will mandate industry practices to advance safety and vital national security interests. The MTSA waives the requirement for public notice and comment prior to the issuance of a rule.

Effects:

Economically Significant
Major
Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline:

Issue final rule by or Interim Final Rule loses effect : 11/25/2003

Rulemaking Project Initiated: 11/25/2002

Dates for Interim Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	03/22/2003
To OMB	04/15/2003
OMB Clearance	06/23/2003
Publication Date	06/30/2003
End of Comment Period

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: None

U.S. Coast Guard

125.

Penalties for Non-Submission of Ballast Water Management Reports

Green

Popular Title: Ballast Water Penalties

RIN 2115-AG50

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would establish penalties (as enunciated in NISA) for failure to submit Ballast Water Management Reports, required under 33 CFR 151, Subpart D. It would also broaden the class of vessels needing to submit reports, in order to gain better understanding of how Ballast Water Management is working at preventing the spread of aquatic invasive species.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 06/01/2002

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	10/30/2002		10/07/2002
To OMB	11/28/2002		11/26/2002
OMB Clearance	02/28/2003		12/20/2002
Publication Date	03/13/2003

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None