Report on DOT Significant Rulemakings

Table of Contents

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Research and Special Programs Administration

78. Safeguarding Food from Contamination During Transportation

79. Response Plans for Onshore Oil Pipelines

80. Hazardous Materials: Transportation of Oxygen Cylinders on Aircraft

81. External Product Piping on Cargo Tanks Transporting Flammable Liquids

82. Hazardous Materials; Transportation of Lithium Batteries

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



Research and Special Programs Administration
Research and Special Programs Administration
78. 
Safeguarding Food from Contamination During Transportation Red
Popular Title: Sanitary Food
RIN 2137-AC00
Stage: Withdrawal
Previous Stage: ANPRM: Publication Date 02/20/1991; End of Comment Period 03/26/1991. NPRM: Publication Date 05/21/1993; End of Comment Period 10/18/1993.
Abstract: This rulemaking would have implemented 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. Previously, RSPA was planning to publish an SNPRM on this topic by January 15, 2005. Now RSPA is considering withdrawing this rulemaking because it believes that food safety issues related to transportation are more properly addressed by the Federal agencies with primary responsibility for food safety and security. The withdrawal notice will identify existing Federal regulations addressing the safe transportation of food.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final rule due by : 08/01/1991
Rulemaking Project Initiated: 10/21/1990
Dates for Withdrawal:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 12/16/2003    12/16/2003 
Publication Approved 01/09/2004     
Publication Date 01/16/2004     
Explanation for any delay: Awaiting outcome of pending legislation
Federal Register Citation for Withdrawal: None


Research and Special Programs Administration
79. 
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 pipelines. 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  09/30/2003  09/15/2003 
Returned to Mode     09/16/2003 
Resubmitted to OST   09/16/2003  09/16/2003 
Returned to Mode/2     10/07/2003 
Resubmitted to OST/2   02/24/2004   
To OMB 06/03/2002  03/19/2004   
OMB Clearance 09/06/2002  06/19/2004   
Publication Date 09/13/2002  06/26/2004   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Research and Special Programs Administration
80. 
Hazardous Materials: Transportation of Oxygen Cylinders on Aircraft Green
Popular Title: Oxygen Cylinders
RIN 2137-AD33
Stage: NPRM
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. 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 NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 11/21/2003    11/17/2003 
To OMB 12/22/2003    01/14/2004 
OMB Clearance 03/22/2004     
Publication Date 03/29/2004     
End of Comment Period 05/27/2004     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Research and Special Programs Administration
81. 
External Product Piping on Cargo Tanks Transporting Flammable Liquids Red
Popular Title: Wetlines Rule
RIN 2137-AD36
Stage: NPRM
Previous Stage: ANPRM: Publication Date 02/10/2003; End of Comment Period 06/10/2003.
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. We are in the process of preparing a regulatory evaluation based on comments received in response to the ANPRM. We anticipate that rulemaking action may be taken in January 2004.
Effects:
  Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
EIS
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 01/19/2000
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 12/05/2003  02/18/2004   
To OMB 01/05/2004  03/18/2004   
OMB Clearance 04/05/2004  06/18/2004   
Publication Date 04/12/2004  06/25/2004   
End of Comment Period 06/12/2004  08/25/2004   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Research and Special Programs Administration
82. 
Hazardous Materials; Transportation of Lithium Batteries Red
Popular Title: Lithium Batteries
RIN 2137-AD48
Stage: Final Rule
Previous Stage: NPRM: Publication Date 4/02/2002; End of Comment Period 6/02/2002.
Abstract: This rulemaking would amend the Hazardous Materials Regulations (HMR) regarding the transportation of lithium batteries. These amendments are consistent with changes recently made to the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations). These amendments will increase the level of safety associated with the transportation of lithium batteries and facilitate the transport of these materials in international commerce.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 04/02/2002
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 03/05/2003  03/05/2003  03/05/2003 
To OMB 04/09/2003  06/09/2003  06/06/2003 
Returned by OMB     08/22/2003 
Returned To OMB   01/30/2004   
OMB Clearance 07/09/2003  03/15/2004   
Publication Date 07/16/2003  03/22/2004   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Research and Special Programs Administration
83. 
Pipeline Safety: Pipeline Integrity Management in High Consequence Areas (Gas Transmission Pipeline Operators) Green
Popular Title: PIM - Gas Pipelines
RIN 2137-AD54
Stage: Final Rule
Previous Stage: NPRM: Publication Date 01/28/2003; End of Comment Period 03/28/2003.
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: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 05/19/2001
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 09/12/2003    09/12/2003 
Returned to Mode     09/16/2003 
Resubmitted to OST 09/16/2003    09/16/2003 
To OMB 10/08/2003    11/04/2003 
OMB Clearance 01/08/2004    11/26/2003 
Publication Date 01/16/2004    12/15/2003 
Explanation for any delay: N/A
Federal Register Citation for Final Rule: 68 FR 69777