Report on DOT Significant Rulemakings

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Table of Contents

 

 

Research and Special Programs Administration

92. Safeguarding Food from Contamination During Transportation

 

93. Response Plans for Onshore Oil Pipelines

 

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

 

95. Hazardous Materials: Transportation of Oxygen Cylinders on Aircraft

 

96. External Product Piping on Cargo Tanks Transporting Flammable Liquids

 

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

 

98. Security Requirements for Offerors and Transporters of Hazardous Materials



Research and Special Programs Administration

 

Research and Special Programs Administration

92. 

Safeguarding Food from Contamination During Transportation

Red

Popular Title: Sanitary Food

RIN 2137-AC00

Stage: Undetermined

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.

Abstract: 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

93. 

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.

Abstract: 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 

04/01/2003 

 

To OMB

06/03/2002 

05/02/2003 

 

OMB Clearance

09/06/2002 

08/01/2003 

 

Publication Date

09/13/2002 

08/08/2003 

 

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: None



Research and Special Programs Administration

94. 

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.

Abstract: 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

95. 

Hazardous Materials: Transportation of Oxygen Cylinders on Aircraft

Black

Popular Title: Oxygen Cylinders

RIN 2137-AD33

Stage: Undetermined

Previous Stage:None

Abstract: 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.

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

96. 

External Product Piping on Cargo Tanks Transporting Flammable Liquids

Green

Popular Title: Wetlines Rule

RIN 2137-AD36

Stage: ANPRM

Previous Stage:None

Abstract: 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 

01/07/2003 

OMB Clearance

01/01/2003 

04/04/2003 

02/03/2003 

Publication Date

02/01/2003 

04/11/2003 

02/10/2003 

End of Comment Period

04/01/2003 

06/11/2003 

06/10/2003 

Explanation for any delay:

N/A

Federal Register Citation for ANPRM: 68 FR 6689



Research and Special Programs Administration

97. 

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

Abstract: 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 

01/07/2003 

Publication Date

02/03/2003 

01/13/2003 

01/28/2003 

End of Comment Period

 

 

03/28/2003 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: 68 FR 4277



Research and Special Programs Administration

98. 

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.

Abstract: 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 

 

01/16/2003 

OMB Clearance

03/24/2003 

 

 

Publication Date

03/28/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None