1751 page views

Report on DOT Significant Rulemakings

Table of Contents

Pipeline and Hazardous Materials Safety Administration

68. Hazardous Materials: Miscellaneous Packaging Amendments

69. Pipeline Safety: Protecting Unusually Sensitive Areas from Rural Onshore Hazardous Liquid Gathering Lines and Low-Stress Lines

70. Hazardous Materials: Enhancing Rail Transportation Safety and Security for Hazardous Materials Shipments

71. Hazardous Materials: Requirements for Storage of Explosives During Transportation

72. Hazardous Materials: Enforcement Regulations

73. Pipeline Safety: Distribution Integrity Management

74. Hazardous Materials: Revision of Requirements for Security Plans

75. Pipeline Safety: Standards for Increasing the Maximum Allowable Operating Pressure for Gas Transmission Pipelines

76. Control Room Management/Human Factors

77. Hazardous Materials; Combination Packages Containing Liquids Intended for Transport by Aircraft



Pipeline and Hazardous Materials Safety Administration
Pipeline and Hazardous Materials Safety Administration
68. 
Hazardous Materials: Miscellaneous Packaging Amendments Black
Popular Title: Packaging Requirements
RIN 2137-AD89
Stage: Final Rule
Previous Stage: NPRM: Publication Date 08/31/2006; End of Comment Period 11/30/2006.
Abstract: This rulemaking would add provisions for Large Packagings and revise the specification requirements for non-bulk packagings and portable tanks. This rulemaking would address issues raised through enforcement actions and requests for clarification of the regulations by packaging manufacturers, third-part labs, and shippers. Also, this action would address packaging closures, design modifications that may or may not require recertification. This rulemaking was just upgraded to significant by OMB and PHMSA is adjusting its schedule to accommodate this change.
Effects:
  EU
NAFTA
Foreign
Prompting action: None
Legal Deadline:  :
Rulemaking Project Initiated: 09/16/2003
Docket Number: PHMSA-2006-25736
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 09/19/2008     
To OMB 10/24/2008     
OMB Clearance 01/22/2009     
Publication Date 01/29/2009     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Pipeline and Hazardous Materials Safety Administration
69. 
Pipeline Safety: Protecting Unusually Sensitive Areas from Rural Onshore Hazardous Liquid Gathering Lines and Low-Stress Lines Red
Popular Title: Petroleum Gathering Lines and Low Stress Lines
RIN 2137-AD98
Stage: Final Rule
Previous Stage: NPRM: Publication Date 09/06/2006; End of Comment Period 11/06/2006. SNPRM: Publication Approved 05/15/2007;Publication Date 05/18/2007;End of Comment Period 06/18/2007.
Abstract: This rulemaking would establish limited safety rules for rural onshore hazardous liquid gathering pipelines and low stress pipelines that are within a defined buffer of an unusually sensitive area. These areas include drinking water and ecological resource areas, which are particularly vulnerable to a pipeline release. The safety requirements would address the most common threats to the integrity of these pipelines.
Effects:
  None
Prompting action: Statute
Legal Deadline: None
Rulemaking Project Initiated: 02/04/2004
Docket Number: PHMSA-2005-23141
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 09/10/2007  03/19/2008   
To OMB 10/12/2007  04/18/2008   
OMB Clearance 01/10/2008  07/18/2008   
Publication Date 01/18/2008  07/24/2008   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Pipeline and Hazardous Materials Safety Administration
70. 
Hazardous Materials: Enhancing Rail Transportation Safety and Security for Hazardous Materials Shipments Red
Popular Title: Rail routing rule
RIN 2137-AE02
Stage: Interim Final Rule
Previous Stage: NPRM: Publication Date 12/21/2006; End of Comment Period: 02/20/2007
Abstract: In consultation with the Federal Railroad Administration (FRA), PHMSA would revise the current requirements on the safe and secure transportation of hazardous materials transported in commerce by rail. It may require rail carriers to (1) compile annual data on certain shipments of hazardous materials and use the data to analyze safety and security risks along rail transportation routes where those materials are transported; (2) assess alternative routing options and make routing decisions based on those assessments; and (3) clarify the current security plan requirements to address en route storage and delays in transit. This rulemaking was scheduled to have a final rule published by 12/24/2007. However, to address matters raised by the Implementing Recommendations of the 9/11 Commission Act of 2007 (Pub.L110-53, 121 Stat. 266), PHMSA will first issue the rule as an IFR.
Effects:
  Regulatory Flexibility Act
Information Collection
Prompting action: Secretarial/Head of Operating Administration Decision
Legal Deadline:  Publish Final Rule : 05/03/2008
Rulemaking Project Initiated: 05/01/2004
Docket Number: PHMSA-RSPA-2004-18730
Dates for Interim Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 07/10/2007  09/25/2007  09/27/2007 
To OMB 08/13/2007  12/10/2007  12/11/2007 
OMB Clearance 11/12/2007  03/10/2008   
Publication Date 11/19/2007  03/17/2008   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Interim Final Rule: None


Pipeline and Hazardous Materials Safety Administration
71. 
Hazardous Materials: Requirements for Storage of Explosives During Transportation Red
Popular Title: Storage of Explosives
RIN 2137-AE06
Stage: ANPRM
Previous Stage:None
Abstract: This rulemaking would address the current safety and security risks associated with the storage of explosives during transportation.
Effects:
  None
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 01/01/2005
Docket Number: PHMSA-2005-22987
Dates for ANPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 05/23/2005    05/24/2005 
Returned to Mode     05/24/2005 
Resubmitted to OST     05/26/2005 
Returned to Mode/2     06/14/2005 
Resubmitted to OST/2   06/30/2005  06/22/2005 
To OMB 06/24/2005  10/11/2005  10/17/2005 
OMB Clearance 09/22/2005  01/17/2006  11/09/2005 
Publication Date 09/29/2005  01/24/2006  11/16/2005 
End of Comment Period 11/28/2005  02/14/2006  02/14/2006 
Reopening of Comment Period   02/29/2008   
End of Reopened Comment Period   05/30/2008   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for ANPRM: 70 FR 69493


Pipeline and Hazardous Materials Safety Administration
72. 
Hazardous Materials: Enforcement Regulations Red
Popular Title: Package Inspection Authority
RIN 2137-AE13
Stage: NPRM
Previous Stage:None
Abstract: Pursuant to a mandate in SAFETEA-LU (section 7118 of P.L. 109-59), this rulemaking would establish procedural regulations to implement authority provided to DOT to open packages believed to contain hazardous materials; remove such packages from transportation; gather information; order the package transported to a facility for examination and analysis; obtain assistance from qualified persons; and issue emergency restrictions, prohibitions, recalls, or out-of-service orders to abate an imminent hazard.
Effects:
  EU
NAFTA
Foreign
Prompting action: Statute
Legal Deadline:  Temporary Rule : 10/11/2005
Final Rule : 08/10/2006
Rulemaking Project Initiated: 08/10/2005
Docket Number: PHMSA-2005-22356
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 06/06/2006  02/21/2008   
To OMB 07/11/2006  03/26/2008   
OMB Clearance 10/11/2006  06/26/2008   
Publication Date 10/18/2006  06/30/2008   
End of Comment Period 12/19/2006  09/01/2008   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Pipeline and Hazardous Materials Safety Administration
73. 
Pipeline Safety: Distribution Integrity Management Red
Popular Title: Distribution Integrity Management
RIN 2137-AE15
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would establish integrity management program requirements appropriate for gas distribution pipeline operators. This rulemaking would require gas distribution pipeline operators to develop and implement programs to better assure the integrity of their pipeline systems.
Effects:
  Economically Significant
Major
Information Collection
Prompting action: Statute
Legal Deadline: None
Rulemaking Project Initiated: 03/02/2006
Docket Number: PHMSA-04-19854
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 01/02/2007  01/02/2008  12/21/2007 
To OMB 03/09/2007  02/18/2008   
OMB Clearance 06/11/2007  05/18/2008   
Publication Date 06/20/2007  06/07/2008   
End of Comment Period 09/20/2007  09/07/2008   
Explanation for any delay: Awaiting outcome of pending legislation
Additional coordination necessary
Federal Register Citation for NPRM: None


Pipeline and Hazardous Materials Safety Administration
74. 
Hazardous Materials: Revision of Requirements for Security Plans Green
Popular Title: Security Plans
RIN 2137-AE22
Stage: NPRM
Previous Stage:None
Abstract: In response to two industry petitions for rulemaking, this rulemaking will reconsider and refine the list of hazardous materials for which security plans are currently required. The industry petitioners asked PHMSA to amend the security plan regulations to create a distinction between hazardous materials that present a significant security risk while in transportation and the vast majority of hazardous materials that pose no significant security risk in transportation.
Effects:
  EU
NAFTA
Foreign
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 05/01/2006
Docket Number: PHMSA-2006-25885
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 05/15/2008     
To OMB 06/24/2008     
OMB Clearance 09/24/2008     
Publication Date 09/30/2008     
End of Comment Period 11/30/2008     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Pipeline and Hazardous Materials Safety Administration
75. 
Pipeline Safety: Standards for Increasing the Maximum Allowable Operating Pressure for Gas Transmission Pipelines Yellow
Popular Title: MAOP for Gas Transmission Pipelines
RIN 2137-AE25
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would propose to allow operation of certain steel gas transmission pipelines at pressures based on higher stress levels, resulting in an increase of maximum allowable operating pressure (MAOP) over that currently allowed in the regulations. The rulemaking would also require a new pipeline to meet more rigorous design and construction standards as a condition for an operator to calculate the MAOP based on higher stress levels. The rulemaking would also require the operator of a new or existing pipeline operating at the increased MAOP to comply with added operation and maintenance requirements.
Effects:
  Economically Significant
Major
Prompting action: Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 05/04/2007
Docket Number: PHMSA-05-23447
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST   11/14/2007  11/14/2007 
To OMB 12/17/2007  01/02/2008  01/09/2008 
OMB Clearance 03/17/2008  04/02/2008   
Publication Date 03/24/2008  04/09/2008   
End of Comment Period 05/27/2008  06/09/2008   
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Pipeline and Hazardous Materials Safety Administration
76. 
Control Room Management/Human Factors Red
Popular Title: Control Room Management/Human Factors
RIN 2137-AE28
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would require operators of natural gas pipelines, hazardous liquid pipelines, and liquefied natural gas (LNG) facilities, to identify and employ specific procedures to improve control room operations, controller training, and controller qualifications. It would require operators to develop, implement, and submit to PHMSA (or the appropriate State), a human factors management plan designed to reduce risks associated with human factors. This would require operators to include in their plans a maximum limit on the hours of service for individuals employed as controllers. It would also require operators to periodically review their management of computer-based control system alarms and to verify that the control systems provide accurate and timely information to controllers. This rulemaking would further require each operator to validate the implementation of the program elements applicable to their individual control system.
Effects:
  None
Prompting action: Statute
Legal Deadline: None
Rulemaking Project Initiated: 08/10/2007
Docket Number:
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 11/30/2007  03/03/2008   
To OMB 01/04/2008  03/31/2008   
OMB Clearance 04/04/2008  06/30/2008   
Publication Date 04/11/2008  07/09/2008   
End of Comment Period 06/11/2008  09/11/2008   
Explanation for any delay: Awaiting development of additional data
Federal Register Citation for NPRM: None


Pipeline and Hazardous Materials Safety Administration
77. 
Hazardous Materials; Combination Packages Containing Liquids Intended for Transport by Aircraft Green
Popular Title: Air Packaging
RIN 2137-AE32
Stage: ANPRM
Previous Stage: None
Abstract: Incident data and testing conducted on behalf of DOT indicate many combination packagings authorized for the transportation of hazardous materials may not withstand conditions normally incident to air transportation. PHMSA is considering measures to reduce the incidence of package failures and to minimize the consequences of failures should they occur. PHMSA is soliciting comments on how to accomplish these goals, including measures to verify packaging integrity, such as performance testing, and revisions to packaging requirements, such as the addition of liners or absorbent material.
Effects:
  Major
EU
NAFTA
Foreign
Prompting action: Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 06/04/2007
Docket Number:
Dates for ANPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 04/16/2008     
To OMB 05/20/2008     
OMB Clearance 08/18/2008     
Publication Date 08/25/2008     
End of Comment Period 10/24/2008     
Explanation for any delay: N/A
Federal Register Citation for ANPRM: None