Report on DOT Significant Rulemakings

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Table of Contents

Maritime Administration

60. Regulations To Be Followed by All Departments, Agencies and Shippers Having Responsibility To Provide a Preference for U.S.-Flag Vessels in the Shipment of Cargoes on Ocean Vessels

 

61. Vessel Documentation: Lease Financing for Vessels Engaged in the Coastwise Trade; Second Rulemaking

 

 

Maritime Administration

Maritime Administration

60. 

Regulations To Be Followed by All Departments, Agencies and Shippers Having Responsibility To Provide a Preference for U.S.-Flag Vessels in the Shipment of Cargoes on Ocean Vessels

Red

Popular Title: Cargo Preference

RIN 2133-AB37

Stage: NPRM

Previous Stage: ANPRM: Publication Date 1/28/99; End of Comment Period 3/29/99; End of Extended Comment Period 4/28/1999.

Abstract: This rulemaking would update and clarify the cargo preference regulations to increase regulatory compliance. MARAD issued the cargo preference regulations to implement the requirements of section 901 of the Merchant Marine Act, 1936, as amended. Departments, agencies, and shippers who must comply with the Act must follow the cargo preference regulations.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 12/01/1996

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

02/17/2000 

To OMB

 

 

03/17/2000 

Withdrawn from OMB

 

 

02/01/2001 

Resubmitted to OST

05/08/2002 

11/01/2002 

10/24/2002 

Resubmitted to OMB

06/05/2002 

11/29/2002 

03/18/2003 

Returned by OMB

 

 

06/13/2003 

Resubmitted to OMB/2

 

10/15/2003 

11/06/2003 

Returned by OMB/2

 

 

02/12/2004 

Version 2 Submitted to OST

 

 

02/26/2004 

OMB Clearance

09/04/2002 

04/15/2004 

 

Publication Date

09/11/2002 

07/15/2004 

 

End of Comment Period

11/13/2002 

 

 

Explanation for any delay:

Awaiting development of additional data
Additional coordination necessary

Federal Register Citation for NPRM: None



Maritime Administration

61. 

Vessel Documentation: Lease Financing for Vessels Engaged in the Coastwise Trade; Second Rulemaking

Red

Popular Title: Joint Lease Financing

RIN 2133-AB51

Stage: NPRM

Previous Stage:None

Abstract: This is a joint MARAD/Coast Guard rule. The Maritime Administration (MARAD) proposes to amend its regulations to require MARAD's approval of all transfers of the use of a lease-financed vessel engaged in the coastwise trade back to the vessel's foreign owner, the parent of the owner, a subsidiary or affiliate of the parent, or an officer, director, or shareholder of one of them. In 1992, MARAD amended its regulations to grant general approval for time charters of U.S.-flag vessels to charterers that were not U.S. citizens (non-citizens) and to eliminate MARAD's review of these time charters. The lease-financing provisions potentially allow a non-citizen to exert additional control over a vessel operated in the coastwise trade by becoming the owner of the vessel and time chartering the vessel back to itself or to a related entity through an intermediate U.S. citizen bareboat charterer. MARAD's review of charter arrangements in the limited circumstances where the time charterer is related to the non-citizen vessel owner will ensure that U.S. Citizens maintain control over vessels operating in the coastwise trade. The NPRM was withdrawn from OMB to await submission of a companion United States Coast Guard rule, so that the two may be reviewed together by OMB.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 03/04/2003

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/28/2003 

04/30/2003 

04/30/2003 

Returned to Mode

 

 

05/13/2003 

Resent to OST

 

 

06/15/2003 

Returned to Mode/2

 

 

07/01/2003 

Resubmitted to OST/2

 

 

07/22/2003 

To OMB

05/26/2003 

 

09/05/2003 

Withdrawn from OMB

 

 

09/29/2003 

Resubmitted to OMB/2

 

10/15/2003 

10/23/2003 

OMB Clearance

08/26/2003 

01/23/2004 

01/21/2004 

Publication Date

09/05/2003 

02/05/2004 

02/04/2004 

End of Comment Period

12/05/2003 

05/05/2004 

05/04/2004 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: 69 FR 5403



National Highway Traffic Safety Administration

National Highway Traffic Safety Administration

62. 

Fuel Economy Standards- Rights and Responsibilities of Manufacturers in the Context of Changes in Corporate Relationships

Red

Popular Title: Fuel Economy Standards

RIN 2127-AG97

Stage: Final Rule

Previous Stage: NPRM: Publication Date 01/22/2001; End of Comment Period 3/22/2001.

Abstract: This rulemaking would define the rights and responsibilities of manufacturers under the agency's corporate average fuel economy program in the context of changes in corporate relationships. It addresses the rights and responsibilities of predecessors and successors, as well as the rights and responsibilities of manufacturers in other situations where there have been changes in corporate relationships, e.g., changes in control. Among other things, it would address how fuel economy credits are allocated in these types of situations.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 04/27/1998

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/15/2003 

 

09/30/2003 

Returned to Mode

 

 

01/06/2004 

To OMB

03/17/2003 

06/22/2004 

 

OMB Clearance

06/17/2003 

09/22/2004 

 

Publication Date

07/01/2003 

09/30/2004 

 

End of Comment Period

09/01/2003 

11/30/2004 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



National Highway Traffic Safety Administration

63. 

FMVSS: Head Restraints (Height and Distance Requirements)

Red

Popular Title: Head Restraints (Height and Distance Req)

RIN 2127-AH09

Stage: Final Rule

Previous Stage: NPRM: Publication Date 01/04/2001; End of Comment Period 03/05/2001.

Abstract: This rulemaking would upgrade the standard for head restraints for passenger cars and for light multipurpose vehicles, trucks and buses. The rule would establish higher minimum height requirements for head restraints and add a requirement limiting backset, i.e., the distance between a person's head and his or her head restraint. It would also extend the requirement for head restraints to rear outboard designated seating positions; establish new strength requirements for head restraints; and place limits on the size of gaps and openings in head restraints. In addition, it would modify the dynamic compliance test and amend test procedures. The rulemaking would harmonize the standard with some aspects of the counterpart regulation of the Economic Commission for Europe.

Effects:

 

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 03/01/2001

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/01/2003 

06/30/2004 

 

To OMB

03/03/2003 

07/30/2004 

 

OMB Clearance

06/03/2003 

10/29/2004 

 

Publication Date

06/08/2003 

11/08/2004 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



National Highway Traffic Safety Administration

64. 

Frontal Offset Protection

Yellow

Popular Title: Frontal Offset

RIN 2127-AH73

Stage: Request for Comments

Previous Stage:None

Abstract: This rulemaking would establish a Federal Motor Vehicle Safety Standard for high speed frontal offset crash testing. The frontal offset test is a crash test for automobiles and light trucks in which the subject vehicles are run into a deformable honeycomb barrier. The barrier contacts only 40 percent of the front of the vehicle stimulating an off-center frontal collision. The agency is considering adding the offset test to the frontal occupant protection standard to measure vehicle structural integrity and reduce the number and severity of lower-body injuries.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 11/22/1999

Dates for Request for Comments:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

10/10/2003 

 

10/16/2003 

To OMB

11/14/2003 

 

12/05/2003 

OMB Clearance

02/16/2004 

 

01/26/2004 

Publication Date

02/24/2004 

 

02/03/2004 

End of Comment Period

04/24/2004 

 

04/05/2004 

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/01/2003 

08/22/2004 

 

To OMB

05/01/2003 

09/22/2004 

 

OMB Clearance

08/01/2003 

12/22/2004 

 

Publication Date

08/08/2003 

12/27/2004 

 

End of Comment Period

10/08/2003 

02/27/2005 

 

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for Request for Comments: 69 FR 5108



National Highway Traffic Safety Administration

65. 

Event Data Recorders

Green

Popular Title: Event Data Recorders

RIN 2127-AI72

Stage: NPRM

Previous Stage: Request for Comments: Publication Date 10/11/2002; End of Comment Period 01/09/2003.

Abstract: This rulemaking would address event data recorders (EDRs), i.e., devices that record information about motor vehicles involved in crashes. Manufacturers have been voluntarily installing EDRs as standard equipment in increasingly larger numbers of light vehicles in recent years. They are now being installed in the vast majority of new vehicles. The information collected by EDRs aids investigations of the causes of crashes and injuries, and makes it possible to better define and address safety problems. The information can be used to improve motor vehicle safety systems and standards. The rulemaking would not require the installation of EDRs in any motor vehicles. It would consider requirements for voluntarily installed EDRs, including ones for a minimum set of specified data elements and for data format.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 07/12/2002

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/08/2004 

12/19/2003 

12/19/2003 

To OMB

10/08/2004 

01/20/2004 

03/09/2004 

OMB Clearance

01/08/2005 

06/10/2004 

 

Publication Date

01/13/2005 

06/17/2004 

 

End of Comment Period

03/13/2005 

08/17/2004 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



National Highway Traffic Safety Administration

66. 

Federal Motor Vehicle Safety Standards, Occupant Crash Protection

Green

Popular Title: Occupant Crash Protection

RIN 2127-AI91

Stage: Final Rule

Previous Stage: NPRM: Publication Date 08/06/2003; End of Comment Period 10/06/2003.

Abstract: This rulemaking would require that all designated seating positions in rear seats be equipped with integral lap/shoulder safety belts.

Effects:

 

Economically Significant
Major
Unfunded Mandate

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 12/07/2002

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/27/2004 

 

 

To OMB

09/24/2004 

 

 

OMB Clearance

12/24/2004 

 

 

Publication Date

12/31/2004 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



National Highway Traffic Safety Administration

67. 

Side Impact Protection Upgrade - FMVSS No. 214

Red

Popular Title: Side Impact Protection Upgrade

RIN 2127-AJ10

Stage: NPRM

Previous Stage:None

Abstract: NHTSA is considering amending FMVSS No. 214 to add a vehicle-to-pole impact test in order to reduce the number of fatal and serious head injuries in side crashes.

Effects:

 

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 06/28/2002

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

11/14/2003 

 

11/03/2003 

To OMB

12/12/2003 

 

02/10/2004 

OMB Clearance

03/12/2004 

05/10/2004 

 

Publication Date

03/22/2004 

05/17/2004 

 

End of Comment Period

05/22/2004 

10/19/2004 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



National Highway Traffic Safety Administration

68. 

Reforming the Automobile Fuel Economy Standards Program

Green

Popular Title: Reforming CAFE

RIN 2127-AJ17

Stage: ANPRM

Previous Stage:None

Abstract: This rulemaking addresses various issues relating to the corporate average fuel economy (CAFE) program. In particular, it addresses possible enhancements to the program that will assist in furthering fuel conservation while protecting motor vehicle safety and American jobs. The agency is particularly interested in improvements to the structure of the CAFE program authorized under current statutory authority.

Effects:

 

Economically Significant
Major
Unfunded Mandate

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/01/2003

Dates for ANPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

10/10/2003 

 

10/14/2003 

To OMB

11/11/2003 

11/18/2003 

11/21/2003 

OMB Clearance

02/11/2004 

02/18/2004 

12/19/2003 

Publication Date

02/18/2004 

02/25/2004 

12/29/2003 

End of Comment Period

04/19/2004 

04/26/2004 

04/27/2004 

Explanation for any delay:

N/A

Federal Register Citation for ANPRM: 68 FR 74908



National Highway Traffic Safety Administration

69. 

Tire Pressure Monitoring Systems

Green

Popular Title: TPMS

RIN 2127-AJ23

Stage: NPRM

Previous Stage:None

Abstract: The Transportation Recall Enhancement Accountability and Documentation (TREAD) Act required the Secretary of Transportation to initiate rulemaking to require a warning system in new motor vehicles to indicate to the operator when a tire is significantly under-inflated. The agency issued a final rule for tire pressure monitoring systems (TPMS) (establishing FMVSS No. 138) on June 5, 2002; however, that version of the standard was vacated by a decision issued by the U.S. Court of Appeals for the Second Circuit in August 2003. The agency will now take rulemaking action to re-establish FMVSS No. 138, in a manner consistent with the court's decision, and provide a new phase-in period. This rulemaking replaces 2127-AI90 and 2127-AI33, which was terminated due to the August Second Circuit decision.

Effects:

 

Economically Significant
Major
Unfunded Mandate

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 08/06/2003

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/27/2004 

 

 

To OMB

03/26/2004 

 

 

OMB Clearance

06/25/2004 

 

 

Publication Date

07/05/2004 

 

 

End of Comment Period

09/06/2004 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Office of the Secretary

Office of the Secretary

70. 

Accessibility of Passenger Vessels to Individuals with Disabilities

Black

Popular Title: Accessibility-passenger vessels

RIN 2105-AB87

Stage: Undetermined

Previous Stage:None

Abstract: The Department's Americans with Disabilities Act (ADA) final rule, published September 6, 1991, reserved portions of the rule concerning passenger vessels. The ADA covers passenger vessels, but issuing accessibility requirements for vessels involves complex issues unlike those affecting land transportation. This rulemaking would address these issues and propose feasible requirements to make passenger vessels accessible to, and usable by, individuals with disabilities. Timing of this rulemaking is dependent on action by the Architectural and Transportation Barriers Compliance Board (Access Board) to adopt accessibility guidelines for passenger vessels. The Access Board has advised DOT that its guidelines on passenger vessels will be delayed, at least through 2004, as it completes other, higher priorities.

Effects:

 

Regulatory Flexibility Act
Federalism

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 07/26/1990

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:

N/A

Federal Register Citation for Undetermined: None



Office of the Secretary

71. 

Domestic Passenger Manifest Information

Black

Popular Title: Domestic Passenger Manifest

RIN 2105-AC62

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 03/13/1997; End of Comment Period 05/12/1997; Comment Period Reopened 05/30/1997; End of Reopened Comment Period 06/20/1997.

Abstract: This rulemaking requested information concerning operational and cost issues related to U.S. air carriers collecting basic information (e.g., full name, date of birth and/or social security number, emergency contact and telephone number) from passengers traveling on flights within the United States. This rulemaking responds to difficulties with notification in the aftermath of domestic aviation crashes, would implement new requirements for family assistance, and would fulfill a recommendation contained in the final report of the White House Commission on Aviation Safety and Security that urges the Department to explore immediately the costs and effects of a comprehensive passenger manifest requirement on the domestic aviation system.

Effects:

 

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 10/01/1996

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



Office of the Secretary

72. 

Aviation Data Requirements Review and Modernization Program

Red

Popular Title: Aviation Data

RIN 2105-AC71

Stage: NPRM

Previous Stage: ANPRM: Publication Date 07/15/1998; End of Comment Period 09/14/1998; End of Reply Comment Period 10/13/1998.

Abstract: This rulemaking requested public comments from reporting carriers and aviation data users on the nature, scope, source, and means for collecting, processing, and distributing airline traffic, fare, and financial data. Specifically, it invited comments on whether existing airline traffic, fare, and financial data should be amended, supplemented, or replaced; whether selected forms and reports should be retained, modified, or eliminated; whether the Department should require all aviation data to be filed electronically; and how the aviation data system should be reengineered to enhance efficiency and to reduce costs for both the Department and the airline industry.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/15/1998

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

01/30/2004 

05/31/2004 

 

To OMB

03/04/2004 

06/30/2004 

 

OMB Clearance

06/04/2004 

09/28/2004 

 

Publication Date

06/12/2004 

10/12/2004 

 

End of Comment Period

08/12/2004 

12/11/2004 

 

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for NPRM: None



Office of the Secretary

73. 

Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations

Black

Popular Title: Uniform Administrative Requirements

RIN 2105-AC83

Stage: Undetermined

Previous Stage: Interim Final Rule: Publication Date 03/16/2000; End of Comment Period 05/15/2000.

Abstract: This action implemented changes to OMB Circular A-110 that were issued by OMB on October 8, 1999, providing uniform guidance for administering grants to institutions of higher education, hospitals, and other nonprofit organizations. The change provides guidance on making data produced under awards available to the public. The regulation is essentially a word-for-word issuance of the requirements in OMB Circular A-110. An Interim Final Rule was issued because of the limited ability to change the requirements from those in the Circular. We are awaiting guidance from OMB as to what, if any, changes are needed in the government-wide common final rule. The Department of Transportation has written to urge OMB to expedite production of guidance on this subject.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 12/01/1999

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



Office of the Secretary

74. 

Review of Data Filed by Certificated or Commuter Air Carriers to Support Continuing Fitness Determinations Involving Citizenship Issues

Green

Popular Title: Fitness

RIN 2105-AD25

Stage: ANPRM

Previous Stage:None

Abstract: In response to a report by the Inspector General of the Department of Transportation, the Department is asking for comments on two issues relating to air carrier continuing fitness determinations involving citizenship issues. First, the Inspector General identified a list of criteria the Department typically uses to determine actual control of an air carrier when evaluating the citizenship of an air carrier during a continuing fitness review. The Department is seeking comment on whether there are any other factors or criteria the Department routinely considers in its evaluations that should be added to this list. Second, the Department seeks comments on the need for a regulatory change to the requirements of 14 CFR part 204 applicable to certificated and commuter air carriers proposing to undergo a substantial change in operations, ownership, or management that may impact their U.S. citizenship status. The Inspector General found that the Department's informal process is not well-suited to complex, contentious, and controversial cases involving citizenship determinations and suggested that the Department allow greater transparency and public participation in such matters, including public notice when such a review is initiated and completed, as well as public access to information filed with the Department during such reviews. There is no next stage at this point because OST is currently reviewing filed comments. The Department is considering what, if any, additional action to take in this rulemaking.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 02/13/2003

Dates for ANPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/09/2003 

 

04/09/2003 

To OMB

05/09/2003 

 

07/17/2003 

OMB Clearance

06/09/2003 

 

07/24/2003 

Publication Date

06/16/2003 

 

07/30/2003 

End of Comment Period

08/16/2003 

 

09/29/2003 

Explanation for any delay:

N/A

Federal Register Citation for ANPRM: 68 FR 44675



Office of the Secretary

75. 

Protection of Sensitive Security Information (SSI)

Red

Popular Title: SSI

RIN 2105-AD33

Stage: Interim Final Rule

Previous Stage:None

Abstract: The rule would protect the confidentiality of SSI relating to maritime security measures adopted by the Coast Guard under the Maritime Transportation Security Act. The rule would prohibit unauthorized disclosures and impose civil penalties for violations. Under the rule, the Transportation Security Administration designates what information is SSI. TSA is handling the clearance of this rulemaking at OMB.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 09/02/2002

Dates for Interim Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

06/25/2003 

 

06/25/2003 

Approved by S-1

 

 

11/14/2003 

Publication Date

07/29/2003 

 

 

End of Comment Period

09/30/2003 

 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Interim Final Rule: None



Research and Special Programs Administration

Research and Special Programs Administration

76. 

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

77. 

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 

03/12/2004 

Returned to Mode/2

 

 

03/16/2004 

Resubmitted to OST/3

 

 

03/25/2004 

To OMB

06/03/2002 

04/26/2004 

 

OMB Clearance

09/06/2002 

07/26/2004 

 

Publication Date

09/13/2002 

07/30/2004 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



Research and Special Programs Administration

78. 

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 

 

01/28/2004 

OMB Clearance

03/22/2004 

04/28/2004 

 

Publication Date

03/29/2004 

04/30/2004 

 

End of Comment Period

05/27/2004 

06/30/2004 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Research and Special Programs Administration

79. 

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 

03/17/2004 

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

80. 

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

10/30/2004 

 

 

OMB Clearance

07/09/2003 

12/30/2004 

 

Publication Date

07/16/2003 

01/07/2005 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None