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Report on DOT Significant Rulemakings

Table of Contents

Pipeline and Hazardous Materials Safety Administration

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

66. Hazardous Materials: Enforcement Regulations

67. Pipeline Safety: Distribution Integrity Management

68. Hazardous Materials: Risk-Based Adjustment of Transportation Security Plan Requirements

69. Pipeline Safety: Control Room Management/Human Factors

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

71. Hazardous Materials: Bulk Loading and Unloading Operations

72. Hazardous Materials: Revisions to Requirements for the Transportation of Lithium Batteries

73. Hazardous Materials: Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids (Wetlines)





Pipeline and Hazardous Materials Safety Administration



Pipeline and Hazardous Materials Safety Administration
65.  Hazardous Materials: Requirements for Storage of Explosives During Transportation Red
Popular Title:Storage of Explosives
RIN 2137-AE06
Stage: NPRM
Previous Stage: ANPRM: Publication Date 11/16/2005; End of Comment Period 02/14/2006; Reopening of Comment Period 7/03/2008; End of Reopened Comment Period 10/01/2008.
Abstract: This rulemaking would address the current safety and security risks associated with the storage of explosives during transportation. The Hazardous Materials Regulations (HMR) require shipments stored during transportation to conform to the same requirements that apply when the shipments are actually moving and for the shipping company to have security plans covering its shipments. Otherwise, the HMR do not include specific requirements for facilities at which explosives or other high-hazard materials are stored during transportation. The HMR do not establish specific standards for storage facilities nor do they limit the amount of material that may be stored in a single location. Through this rulemaking, the agency will evaluate the adequacy of existing regulations and the need for additional, more specific requirements. In particular, the agency is considering whether current industry standards applicable to the storage of explosives should be incorporated by reference into the HMR.
Effects:
 None
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 01/01/2005
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 02/02/2007  03/01/2010   
To OMB 03/09/2007  04/02/2010   
OMB Clearance 06/07/2007  07/01/2010   
Publication Date 06/14/2007  07/08/2010   
End of Comment Period 08/17/2007  09/08/2010   
Explanation for any delay:Additional coordination necessary
Federal Register Citation for NPRM: None




Pipeline and Hazardous Materials Safety Administration
66.  Hazardous Materials: Enforcement Regulations Red
Popular Title:Package Inspection Authority
RIN 2137-AE13
Stage: Final Rule
Previous Stage: NPRM: Publication Date 10/02/2008;End of Comment Period 12/01/2008.
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
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 12/22/2009     
To OMB 01/26/2010     
OMB Clearance 04/26/2010     
Publication Date 05/01/2010     
Explanation for any delay:Additional coordination necessary
Federal Register Citation for Final Rule: None




Pipeline and Hazardous Materials Safety Administration
67.  Pipeline Safety: Distribution Integrity Management Red
Popular Title:Distribution Integrity Management
RIN 2137-AE15
Stage: Final Rule
Previous Stage:NPRM Publication Date 06/25/2008;End of Comment Period 09/23/2008;End of Extended Comment Period 10/23/2008
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
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 02/19/2009  05/22/2009  05/20/2009 
To OMB 03/25/2009  08/04/2009  08/06/2009 
OMB Clearance 06/23/2009  11/04/2009   
Publication Date 06/30/2009  11/16/2009   
Explanation for any delay:Additional coordination necessary
Federal Register Citation for Final Rule: None




Pipeline and Hazardous Materials Safety Administration
68.  Hazardous Materials: Risk-Based Adjustment of Transportation Security Plan Requirements Red
Popular Title:Security Plans
RIN 2137-AE22
Stage: Final Rule
Previous Stage:NPRM: Publication Date 9/8/2008; End of Comment Period 11/10/2008.
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
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/01/2009  09/02/2009  09/04/2009 
To OMB 06/04/2009  11/05/2009   
OMB Clearance 09/04/2009  01/05/2010   
Publication Date 09/14/2009  01/05/2010   
Explanation for any delay:Additional coordination necessary
Federal Register Citation for Final Rule: None




Pipeline and Hazardous Materials Safety Administration
69.  Pipeline Safety: Control Room Management/Human Factors Green
Popular Title:Control Room Management/Human Factors
RIN 2137-AE28
Stage: Final Rule
Previous Stage:NPRM: Publication Date 09/12/2008;End of Comment Period 11/12/2008
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
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/20/2009    05/26/2009 
To OMB 08/21/2009    08/06/2009 
OMB Clearance 11/20/2009    11/04/2009 
Publication Date 11/27/2009     
Explanation for any delay:N/A
Federal Register Citation for Final Rule: None




Pipeline and Hazardous Materials Safety Administration
70.  Hazardous Materials; Combination Packages Containing Liquids Intended for Transport by Aircraft Yellow
Popular Title:Air Packaging
RIN 2137-AE32
Stage: NPRM
Previous Stage:ANPRM: Publication 7/07/2008; End of Comment Period 9/5/2008.
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. This rulemaking would require additional measures to verify packaging integrity, such as performance testing, and revisions to packaging requirements, such as the addition of liners or absorbent material.
Effects:
 EU
NAFTA
Foreign
Prompting action:Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 06/04/2007
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/10/2009  10/13/2009  10/26/2009 
To OMB 08/13/2009  11/27/2009   
OMB Clearance 11/13/2009  02/26/2010   
Publication Date 11/20/2009  03/05/2010   
End of Comment Period 01/20/2010  05/07/2010   
Explanation for any delay:N/A
Federal Register Citation for NPRM: None




Pipeline and Hazardous Materials Safety Administration
71.  Hazardous Materials: Bulk Loading and Unloading Operations Green
Popular Title:Loading/Unloading
RIN 2137-AE37
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would request information from industry that would consider whether additional requirements governing bulk loading and unloading operations are necessary. PHMSA has reviewed transportation incident data and findings of several National Transportation Safety Board and Chemical Satety Board accident investigations involving bulk hazardous materials loading and unloading operations, which suggest there may be opportunities to enhance the safety of such operations. In particular, PHMSA is examining what, if any, safety benefits would accrue from a requirement for persons conducting bulk loading and unloading operations to develop and implement operating procedures governing these operations. PHMSA has decided to publish a proposed rule instead of a pre-rule.
Effects:
 Information Collection
Prompting action:Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 10/28/2008
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 02/12/2010     
To OMB 03/18/2010     
OMB Clearance 06/16/2010     
Publication Date 06/23/2010     
End of Comment Period 08/23/2010     
Explanation for any delay:N/A
Federal Register Citation for NPRM: None




Pipeline and Hazardous Materials Safety Administration
72.  Hazardous Materials: Revisions to Requirements for the Transportation of Lithium Batteries Yellow
Popular Title:Transportation of Lithium Batteries
RIN 2137-AE44
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would amend the Hazardous Materials Regulations to comprehensively address the safe transportation of lithium cells and batteries. The intent of the rulemaking is to strengthen the current regulatory framework by imposing more effective safeguards, including design testing to address risks related to internal short circuits, and enhanced packaging, hazard communication, and operational measures for various types and sizes of lithium batteries in specific transportation contexts. The rulemaking responds to several recommendations issued by the National Transportation Safety Board.
Effects:
 Regulatory Flexibility Act
Prompting action:Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 03/26/2009
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/03/2009  09/10/2009  08/20/2009 
To OMB 09/04/2009  09/23/2009  09/09/2009 
OMB Clearance 12/04/2009  12/23/2009   
Publication Date 12/14/2009  12/30/2009   
End of Comment Period 02/19/2010  03/01/2010   
Explanation for any delay:N/A
Federal Register Citation for NPRM: None




Pipeline and Hazardous Materials Safety Administration
73.  Hazardous Materials: Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids (Wetlines) Green
Popular Title:Wetlines
RIN 2137-AE53
Stage: NPRM
Previous Stage:None
Abstract: The rulemaking would amend the Hazardous Materials Regulations to prohibit flammable liquids from being transported in unprotected product piping on existing and newly manufactured DOT specification cargo tank motor vehicles.
Effects:
 None
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 09/01/2009
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 12/24/2009     
To OMB 01/28/2010     
OMB Clearance 04/28/2010     
Publication Date 05/05/2010     
End of Comment Period 07/05/2010     
Explanation for any delay:N/A
Federal Register Citation for NPRM: None