Report on DOT Significant Rulemakings

page views since 13-August-04

Table of Contents

Research and Special Programs Administration

85. Safeguarding Food from Contamination During Transportation

86. Response Plans for Onshore Oil Pipelines

87. Hazardous Materials: Transportation of Oxygen Cylinders on Aircraft

88. External Product Piping on Cargo Tanks Transporting Flammable Liquids

89. Hazardous Materials; Transportation of Lithium Batteries

90. Hazardous Materials: Infectious Substances; Harmonization with the United Nations

91. Hazardous Materials: Enhancing Rail Transportation Security of Toxic by Inhalation Materials



Research and Special Programs Administration
Research and Special Programs Administration
85. 
Safeguarding Food from Contamination During Transportation Red
Popular Title: Sanitary Food
RIN 2137-AC00
Stage: SNPRM
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. Commenters on a 1993 NPRM 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's 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  06/11/2004  06/29/2004 
OMB Clearance 07/23/2004  09/11/2004   
Publication Date 07/30/2004  09/16/2004   
End of Comment Period 08/30/2004  11/16/2004   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for SNPRM: None


Research and Special Programs Administration
86. 
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 
Resubmitted to OST/4   09/01/2004   
To OMB 06/03/2002  10/01/2004   
OMB Clearance 09/06/2002  01/03/2005   
Publication Date 09/13/2002  01/10/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Research and Special Programs Administration
87. 
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, Use of Oxygen by Air Carrier Passengers.
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  05/06/2004 
End of Comment Period 05/27/2004  07/06/2004  08/13/2004 
Extension of Comment Period     08/04/2004 
End of Extended Comment Period     12/13/2004 
Explanation for any delay: N/A
Federal Register Citation for NPRM: 69 FR 25470


Research and Special Programs Administration
88. 
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:
  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  07/08/2004  07/13/2004 
OMB Clearance 04/05/2004  10/08/2004   
Publication Date 04/12/2004  10/15/2004   
End of Comment Period 06/12/2004  12/18/2004   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Research and Special Programs Administration
89. 
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 amendments would be consistent with changes recently made to the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations). These amendments would 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 OST   10/04/2004   
Resubmitted to OMB/2   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
90. 
Hazardous Materials: Infectious Substances; Harmonization with the United Nations Red
Popular Title: Infectious Substance; Harmonization
RIN 2137-AD93
Stage: NPRM
Previous Stage: None
Abstract: This rulemaking would revise the transportation requirements for infectious substances, including regulated medical waste, to adopt new classification criteria and packaging requirements consistent with revised international standards and to clarify existing requirements to promote compliance. These revisions would ensure an acceptable level of safety for the transportation of infectious substances and facilitate domestic and international transportation.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 03/01/2003
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 06/30/2004  10/29/2004   
To OMB 08/03/2004  12/02/2004   
OMB Clearance 11/01/2004  03/02/2005   
Publication Date 11/08/2004  03/09/2005   
End of Comment Period 01/10/2005  05/05/2005   
Explanation for any delay: Awaiting development of additional data
Federal Register Citation for NPRM: None


Research and Special Programs Administration
91. 
Hazardous Materials: Enhancing Rail Transportation Security of Toxic by Inhalation Materials Green
Popular Title: TIH Rule
RIN 2137-AE02
Stage: Request for Comments
Previous Stage:None
Abstract: The Department of Transportation and the Department of Homeland Security are examining the need for enhanced security requirements for the rail transportation of hazardous materials that are toxic by inhalation. In this rulemaking, the two departments would seek comments on the feasibility of initiating specific security enhancements and the potential costs and benefits of doing so. Security measures being considered include improvements to security plans, modification of methods used to identify shipments, enhanced requirements for temporary storage, strengthened tank car integrity, and implementation of tracking and communication systems.
Effects:
  None
Prompting action: Presidential Direction
Legal Deadline:  None
Rulemaking Project Initiated: 05/01/2004
Dates for Request for Comments:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 05/27/2004    06/14/2004 
To OMB 06/02/2004  06/24/2004  06/29/2004 
OMB Clearance 06/07/2004  07/06/2004  07/26/2004 
Publication Date 06/14/2004  07/30/2004   
End of Comment Period 08/16/2004  09/30/2004   
Explanation for any delay: N/A
Federal Register Citation for Request for Comments: None