Report on DOT Significant Rulemakings

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 implement the Sanitary Food Transportation Act of 1990 (SFTA) by directing persons who offer for transportation or transport food in commerce by motor vehicle or rail car to comply with the applicable regulations of the U.S. Department of Agriculture (USDA) and the Food and Drug Administration of the U.S. Department of Health and Human Services (HHS). This rulemaking would be consistent with a legislative proposal submitted to Congress to transfer SFTA responsibility to HHS and reallocate food safety responsibilities among HHS, USDA, and DOT. A new notice of proposed rulemaking would take the place of a notice of proposed rulemaking issued in 1993 to which commenters expressed concern about possible duplication and overlap of existing food safety requirements. A rulemaking directing compliance with the existing requirements prescribed by other agencies for the sanitary transportation of food is consistent with DOT position that food safety issues are more properly addressed by the Federal agencies with the primary responsibility and expertise for food safety and security.

Effects:

None

Prompting action: Statute

Legal Deadline:

Final rule due by : 08/01/1991

Rulemaking Project Initiated: 10/21/1990

Dates for SNPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/02/2004		04/02/2004
To OMB	04/23/2004
OMB Clearance	07/23/2004
Publication Date	07/30/2004
End of Comment Period	08/30/2004

Explanation for any delay:

Awaiting outcome of pending legislation

Federal Register Citation for SNPRM: None

Research and Special Programs Administration

80.

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 finalize 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
Returned to Mode/3			04/27/2004
To OMB	06/03/2002	06/01/2004
OMB Clearance	09/06/2002	09/01/2004
Publication Date	09/13/2002	09/08/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Research and Special Programs Administration

81.

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.

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	04/27/2004
Publication Date	03/29/2004	05/06/2004
End of Comment Period	05/27/2004	07/06/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Research and Special Programs Administration

82.

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 propose new requirements to reduce the risks associated with the retention of flammable liquids in unprotected product piping on cargo tank motor vehicles during transportation (wetlines). This rulemaking responds to an NTSB recommendation.

Effects:

Major
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: 68 FR 6689

Research and Special Programs Administration

83.

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. The proposed 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. In August 2003, OMB returned a draft final rule for consideration of the need to perform an Initial Regulatory Flexiability Analysis (IRFA), which is presently being conducted. We anticipate publication of the IRFA for public comments in early 2005.

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
Resubmitted to OMB	10/30/2004	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

Research and Special Programs Administration

84.

Harmonization with the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions

Green

Popular Title: Harmonization w/UN, IMDG, ICAO

RIN 2137-AD92

Stage: NPRM

Previous Stage:None

Abstract: RSPA is proposing to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. Because of recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), these revisions are necessary to facilitate the transport of hazardous materials in international commerce.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 09/04/2003

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	05/28/2004
To OMB	07/01/2004
OMB Clearance	09/29/2004
Publication Date	10/06/2004
End of Comment Period	12/06/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Research and Special Programs Administration

85.

Harmonization with the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions.

Green

Popular Title: Harmonization w/UN, IMDG, ICAO; appeals response

RIN 2137-AD94

Stage: Final Rule

Previous Stage:None

Abstract: On July 31, 2003, RSPA published a final rule under Docket Number RSPA-2002-13658 (HM-215E) amending the Hazardous Materials Regulations (HMR) based on corresponding provisions of international standards. The revisions were made to facilitate the transportation of hazardous materials in international commerce. In response to appeals submitted by persons affected by the July 31, 2003 final rule, this final rule amends certain requirements. This final rule also corrects errors in the July 31, 2003 final rule.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 08/29/2003

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/13/2004		04/15/2004
To OMB	05/17/2004
OMB Clearance	08/16/2004
Publication Date	08/23/2004

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None