Report on DOT Significant Rulemakings

Table of Contents

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Research and Special Programs Administration

77. Safeguarding Food from Contamination During Transportation

 

78. Response Plans for Onshore Oil Pipelines

 

79. Hazardous Materials: Transportation of Oxygen Cylinders on Aircraft

 

80. External Product Piping on Cargo Tanks Transporting Flammable Liquids

 

81. Hazardous Materials; Transportation of Lithium Batteries




Research and Special Programs Administration


 

Research and Special Programs Administration

77. 

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 

Returned to Mode

 

 

01/12/2004 

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

78. 

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

79. 

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

80. 

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 

03/23/2004 

 

To OMB

01/05/2004 

04/26/2004 

 

OMB Clearance

04/05/2004 

07/26/2004 

 

Publication Date

04/12/2004 

08/02/2004 

 

End of Comment Period

06/12/2004 

10/01/2004 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



Research and Special Programs Administration

81. 

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