Pipeline and Hazardous Materials Safety Administration
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| 84. | Hazardous Materials; Combination Packages Containing Liquids Intended for Transport by Aircraft | Red | |
| Popular Title:Air Packaging |
| RIN 2137-AE32 |
| Stage: Final Rule |
| Previous Stage:ANPRM: Publication 7/07/2008; End of Comment Period 9/5/2008. NPRM: Publication 5/14/2010; End of Comment Period 7/13/2010. |
| 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: |
| Prompting action:Secretarial/Head of Operating Administration Decision |
| |
| Rulemaking Project Initiated: 06/04/2007 |
Dates for Final Rule: | Milestone | Originally Scheduled Date | New Projected Date | Actual Date | | To OST | 01/21/2011 | 01/24/2012 | | | To OMB | 02/16/2011 | 02/17/2012 | | | OMB Clearance | 05/17/2011 | 05/17/2012 | | | Publication Date | 05/24/2011 | 05/25/2012 | | |
| Explanation for any delay: | Additional coordination necessary | |
| Federal Register Citation for Final Rule: None |
Pipeline and Hazardous Materials Safety Administration
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| 85. | Hazardous Materials: Bulk Loading and Unloading Operations | Yellow | |
| Popular Title:Loading/Unloading |
| RIN 2137-AE37 |
| Stage: Final Rule |
| Previous Stage:NPRM: Publication Date 03/11/2011; End of Comment Period 05/10/2011. End of extended Comment Period 06/09/2011. |
| Abstract: This rulemaking would amend the Hazardous Materials Regulations to require each person (i.e., carrier or facility) who engages in cargo tank loading or unloading operations to perform a risk assessment of the loading and unloading operation and develop and implement safe operating procedures based upon the results of the risk assessment. These amendments would include the operational procedures requirements to address several aspects of loading and unloading, including provisions for facilities to develop maintenance testing programs for transfer equipment (i.e., hose maintenance programs) used to load or unload cargo tank motor vehicles (CTMVs). In addition, this rulemaking would require each employee who engages in cargo tank loading or unloading operations to receive training and be evaluated on the employee´s qualifications to perform loading or unloading functions. This rulemaking would reduce the risk associated with the loading and unloading of cargo tank motor vehicles that contain hazardous materials. |
Effects: |
| Prompting action:Secretarial/Head of Operating Administration Decision |
| |
| Rulemaking Project Initiated: 10/28/2008 |
Dates for Final Rule: | Milestone | Originally Scheduled Date | New Projected Date | Actual Date | | To OST | 12/26/2011 | 03/29/2012 | | | To OMB | 02/02/2012 | 04/26/2012 | | | OMB Clearance | 05/02/2012 | 07/25/2012 | | | Publication Date | 05/11/2012 | 08/06/2012 | | |
| Explanation for any delay: | N/A | |
| Federal Register Citation for Final Rule: None |
Pipeline and Hazardous Materials Safety Administration
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| 86. | Pipeline Safety: Enforcement of State Excavation Damage Laws | Red | |
| Popular Title:Pipeline Safety: Excavation Damage Laws |
| RIN 2137-AE43 |
| Stage: NPRM |
| Previous Stage:ANPRM: Publication 10/29/2009; End of Comment Period 12/14/2009. |
| Abstract: The PIPES Act provides PHMSA with the authority to enforce excavation damage laws in those states that have inadequate enforcement. This rulemaking would consider standards for excavators and operators to follow when conducting excavation in a vicinity of a pipeline and the administrative procedures to be used for enforcement proceedings. |
Effects: |
| Prompting action:Statute |
| |
| Rulemaking Project Initiated: 03/30/2009 |
Dates for NPRM: | Milestone | Originally Scheduled Date | New Projected Date | Actual Date | | To OST | 03/01/2011 | 05/06/2011 | 06/02/2011 | | To OMB | 04/04/2011 | 09/21/2011 | 09/22/2011 | | OMB Clearance | 07/05/2011 | 12/21/2011 | | | Publication Date | 07/12/2011 | 12/30/2011 | | | End of Comment Period | 09/13/2011 | 03/04/2012 | | |
| Explanation for any delay: | N/A | |
| Federal Register Citation for NPRM: None |
Pipeline and Hazardous Materials Safety Administration
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| 87. | Hazardous Materials: Revisions to Requirements for the Transportation of Lithium Batteries | Red | |
| Popular Title:Transportation of Lithium Batteries |
| RIN 2137-AE44 |
| Stage: SNPRM |
| Previous Stage:NPRM: Publication Date 1/11/2010; End of Comment Period 3/12/2010. |
| 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.
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Effects: | | Regulatory Flexibility Act | |
| Prompting action:Secretarial/Head of Operating Administration Decision |
| |
| Rulemaking Project Initiated: 03/26/2009 |
Dates for SNPRM: | Milestone | Originally Scheduled Date | New Projected Date | Actual Date | | To OST | 08/20/2010 | | 07/22/2011 | | Returned to Mode | | | 08/25/2011 | | Returned To OST | | 01/18/2012 | 12/13/2011 | | To OMB | 09/23/2010 | 01/26/2012 | | | OMB Clearance | 07/18/2011 | 04/26/2012 | | | Publication Date | 07/29/2011 | 05/07/2012 | | | End of Comment Period | 09/29/2011 | 07/07/2012 | | |
| Explanation for any delay: | N/A | |
| Federal Register Citation for SNPRM: None |
Pipeline and Hazardous Materials Safety Administration
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| 88. | Hazardous Materials: Combustible Liquids | Red | |
| Popular Title:Combustible Liquids |
| RIN 2137-AE52 |
| Stage: Undetermined |
| Previous Stage:ANPRM: Publication Date 04/05/2010; End of Comment Period 07/06/2010. |
| Abstract: This rulemaking would consider the transportation of combustible liquids and whether the Hazardous Materials Regulations (HMR) should harmonize domestic regulations with international standards. Additionally, it would examine ways to revise, clarify, or relax certain regulatory requirements to facilitate the transportation of combustible liquids while maintaining an adequate level of safety. Previously, an NPRM had been scheduled for 01/23/2012. |
Effects: |
| Prompting action:None |
| |
| Rulemaking Project Initiated: 01/30/2009 |
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 |
Pipeline and Hazardous Materials Safety Administration
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| 89. | Hazardous Materials: Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids (Wetlines) | Yellow | |
| Popular Title:Wetlines |
| RIN 2137-AE53 |
| Stage: Final Rule |
| Previous Stage:NPRM: Publication Date 01/27/2011; End of Comment Period 03/28/2011. NPRM: Extension of Comment Period 03/17/2011; End of Extended Comment Period 04/27/2011. |
| 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: |
| Prompting action:None |
| |
| Rulemaking Project Initiated: 09/01/2009 |
Dates for Final Rule: | Milestone | Originally Scheduled Date | New Projected Date | Actual Date | | To OST | 12/26/2011 | 03/29/2012 | | | To OMB | 02/02/2012 | 04/26/2012 | | | OMB Clearance | 05/02/2012 | 07/25/2012 | | | Publication Date | 05/11/2012 | 08/06/2012 | | |
| Explanation for any delay: | N/A | |
| Federal Register Citation for Final Rule: None |
Pipeline and Hazardous Materials Safety Administration
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| 90. | Hazardous Materials: Limiting the Use of Mobile Telephones by Highway | Red | |
| Popular Title:Use of Mobile Telephones |
| RIN 2137-AE65 |
| Stage: Final Rule |
| Previous Stage:NPRM: Publication Date 04/29/2011; End of Comment Period 06/28/2011. |
| Abstract: This rulemaking would limit the use of mobile telephones by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding under Part 172 of the 49 CFR or any quantity of a select agent or toxin listed in 42 CFR Part 73. Additionally, in accordance with requirements proposed by the Federal Motor Carrier Safety Administration (FMCSA), motor carriers would be prohibited from requiring or allowing drivers of covered motor vehicles to engage in the use of mobile telephones while driving. This rulemaking would improve health and safety on the Nation´s highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of commercial motor vehicles. |
Effects: |
| Prompting action:Secretarial/Head of Operating Administration Decision |
| |
| Rulemaking Project Initiated: 08/13/2010 |
Dates for Final Rule: | Milestone | Originally Scheduled Date | New Projected Date | Actual Date | | To OST | 08/01/2011 | | 08/03/2011 | | To OMB | 08/22/2011 | | 09/09/2011 | | OMB Clearance | 10/04/2011 | 10/17/2011 | 11/21/2011 | | Publication Date | 10/12/2011 | 12/02/2011 | 12/02/2011 | |
| Explanation for any delay: | Additional coordination necessary | |
| Federal Register Citation for Final Rule: 76 FR 75470 |
Pipeline and Hazardous Materials Safety Administration
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| 91. | Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines | Yellow | |
| Popular Title:Liquid Hazardous Pipelines |
| RIN 2137-AE66 |
| Stage: NPRM |
| Previous Stage:ANPRM: Publication Date 10/18/2010; Extension of Comment Period 01/04/2011; End of Comment Period 01/18/2011; End of Extended Comment Period 02/18/2011. |
| Abstract: This rulemaking would address effective procedures that hazardous liquid operators can use to improve the protection of High Consequence Areas (HCA) and other vulnerable areas along their hazardous liquid onshore pipelines. PHMSA is considering whether changes are needed to the regulations covering hazardous liquid onshore pipelines, whether other areas should be included as HCAs for integrity management (IM) protections, what the repair timeframes should be for areas outside the HCAs that are assessed as part of the IM program, whether leak detection standards are necessary, valve spacing requirements are needed on new construction or existing pipelines, and PHMSA should extend regulation to certain pipelines currently exempt from regulation. The agency would also address the public safety and environmental aspects any new requirements, as well as the cost implications and regulatory burden. |
Effects: |
| Prompting action:None |
| |
| Rulemaking Project Initiated: 08/13/2010 |
Dates for NPRM: | Milestone | Originally Scheduled Date | New Projected Date | Actual Date | | To OST | 11/18/2011 | 01/19/2012 | | | To OMB | 12/16/2011 | 02/17/2012 | | | OMB Clearance | 03/19/2012 | 05/15/2012 | | | Publication Date | 03/30/2012 | 05/25/2012 | | | End of Comment Period | 05/30/2012 | 07/25/2012 | | |
| Explanation for any delay: | N/A | |
| Federal Register Citation for NPRM: None |
Pipeline and Hazardous Materials Safety Administration
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| 92. | Hazardous Materials: Revision of Requirements for Fireworks Approvals | Yellow | |
| Popular Title:Fireworks Approvals |
| RIN 2137-AE70 |
| Stage: NPRM |
| Previous Stage:None |
| Abstract: This rulemaking would amend the HMR by revising and clarifying requirements for the examination, testing, certification, and transportation of fireworks. This action would include consolidating the fireworks requirements into one section, limiting fireworks approvals to manufacturers only, requiring manufacturers to assign a unique "product identification number" to each firework, require 1.3G and 1.4G fireworks to be examined by authorized test labs, and implement an on-line application process. |
Effects: |
| Prompting action:None |
| |
| Rulemaking Project Initiated: 09/27/2010 |
Dates for NPRM: | Milestone | Originally Scheduled Date | New Projected Date | Actual Date | | To OST | 08/22/2011 | 05/15/2012 | | | To OMB | 09/29/2011 | 06/12/2012 | | | OMB Clearance | 12/30/2011 | 09/10/2012 | | | Publication Date | 01/19/2012 | 09/20/2012 | | | End of Comment Period | 04/19/2012 | 11/19/2012 | | |
| Explanation for any delay: | N/A | |
| Federal Register Citation for NPRM: None |
Pipeline and Hazardous Materials Safety Administration
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| 93. | Pipeline Safety: Excess Flow Valves In Applications Other Than Single-Family Residences in Gas Distribution Systems | Red | |
| Popular Title:Excess Flow Valves |
| RIN 2137-AE71 |
| Stage: ANPRM |
| Previous Stage:ANPRM: 11/25/2011; End of C/P 2/18/2012 |
| Abstract: This rulemaking would require excess flow valves (EFVs) be installed in all new and renewed gas service lines, for structures other than single family dwellings, when the operating conditions are compatible with readily available valves. These changes would be in response to NTSB and PHMSA investigations of current EFV installation practices. The intended effect of the rule is to increase the level of safety for structures other than single family dwellings currently subject to Federal pipeline safety regulation. This rulemaking was recently upgraded to significant. |
Effects: |
| Prompting action:None |
| |
| Rulemaking Project Initiated: 10/01/2010 |
Dates for ANPRM: | Milestone | Originally Scheduled Date | New Projected Date | Actual Date | | To OST | 06/02/2011 | | 07/29/2011 | | To OMB | 06/30/2011 | 09/16/2011 | 09/26/2011 | | OMB Clearance | 07/14/2011 | 11/04/2011 | 11/02/2011 | | Publication Date | 07/25/2011 | 11/17/2011 | 11/25/2011 | | End of Comment Period | 10/25/2011 | 01/19/2012 | 02/18/2012 | |
| Explanation for any delay: | Additional coordination necessary | |
| Federal Register Citation for ANPRM: None |
Pipeline and Hazardous Materials Safety Administration
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| 94. | Pipeline Safety: Gas Transmission | Red | |
| Popular Title:Gas Transmission |
| RIN 2137-AE72 |
| Stage: ANPRM |
| Previous Stage:None |
| Abstract: In this rulemaking PHMSA will be revisiting the requirements in the Pipeline Safety Regulations addressing integrity management principles for Gas Transmission pipelines. In particular, PHMSA will be reviewing the definition of an HCA ( including the concept of a potential impact radius), the repair criteria for both HCA and non-HCA areas, requiring the use of automatic and remote controlled shut off valves, valve spacing, and whether applying the integrity management program requirements to additional areas would mitigate the need for class location requirements. |
Effects: |
| Prompting action:None |
| |
| Rulemaking Project Initiated: 01/04/2011 |
Dates for ANPRM: | Milestone | Originally Scheduled Date | New Projected Date | Actual Date | | To OST | 05/23/2011 | | 06/03/2011 | | To OMB | 06/20/2011 | 07/22/1011 | 07/14/2011 | | OMB Clearance | 07/05/2011 | 08/04/2011 | 08/15/2011 | | Publication Date | 07/14/2011 | 08/15/2011 | 08/25/2011 | | End of Comment Period | | 11/22/2011 | 12/02/2011 | | Extension of Comment Period | | | 11/16/2011 | | End of Extended Comment Period | | | 01/20/2012 | |
| Explanation for any delay: | Additional coordination necessary | |
| Federal Register Citation for ANPRM: 76 FR 5308 |
Pipeline and Hazardous Materials Safety Administration
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| 95. | Hazardous Materials: Miscellaneous Amendments (RRR) | Green | |
| Popular Title:Miscellaneous Amendments (HM-218G) (RRR) |
| RIN 2137-AE78 |
| Stage: NPRM |
| Previous Stage:None |
| Abstract: This rulemaking would update and clarify existing requirements by incorporating changes into the Hazardous Materials Regulations (HMR) based on PHMSA´s own initiatives through an extensive review of the HMR and previously issued letters of interpretation. Specifically, among other provisions, PHMSA would provide for the continued use of approvals until final administrative action is taken, when a correct and completed application for approval renewal was received 60 days prior to expiration date; update various entries in the hazardous materials table and the corresponding special provisions; clarify the lab pack requirements for temperature controlled materials; correct an error in the HMR with regard to the inspection of cargo tank motor vehicles containing corrosive materials; and revise the training requirements to require that hazardous materials employers ensure their hazardous materials employee training records are available upon request to an authorized official of the Department of Transportation or the Department of Homeland Security. |
Effects: |
| Prompting action:2011 Retrospective Regulatory Review |
| |
| Rulemaking Project Initiated: 04/08/2011 |
Dates for NPRM: No Schedule Available |
| Explanation for any delay: N/A |
| Federal Register Citation for NPRM: None |
Pipeline and Hazardous Materials Safety Administration
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| 96. | Hazardous Materials: Miscellaneous Pressure Vessel Requirements (DOT Spec Cylinders) (RRR) | Black | |
| Popular Title:Pressure Vessels (RRR) |
| RIN 2137-AE80 |
| Stage: Undetermined |
| Previous Stage:None |
| Abstract: This rulemaking would revise certain requirements of the Hazardous Materials Regulations (HMR) applicable to the manufacture, maintenance, and use of DOT specification cylinders. These revisions clarify certain important safety requirements, incorporate industry consensus standards and, where appropriate, decrease the regulatory burden without compromising the safe transportation of compressed gases in commerce. These proposals respond to eleven petitions for rulemaking, incorporate two special permits into the HMR and address the National Transportation Safety Board (NTSB) Recommendation i-93-1. Among other provisions, PHMSA proposes to provide requirements for the transport of fire suppression systems, clarify cylinder specification and requalification requirements, and adopt new and update current incorporations by reference of industry consensus standards issued by the Compressed Gas Association. |
Effects: |
| Prompting action:2011 Retrospective Regulatory Review |
| |
| Rulemaking Project Initiated: 04/15/2011 |
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 |
Pipeline and Hazardous Materials Safety Administration
|
| 97. | Hazardous Materials: Reverse Logistics (RRR) | Green | |
| Popular Title:Reverse Logistics (RRR) |
| RIN 2137-AE81 |
| Stage: Undetermined |
| Previous Stage:None |
| Abstract: This rulemaking would address changes to the Hazardous Materials Regulations (HMR) that are applicable to reverse logistics. The issue of reverse logistics involves the transportation of hazardous materials that have been damaged or returned from the retailer to a return center. Specifically, PHMSA is initiating this rulemaking in order to establish a regulatory definition of ´reverse logistics´ and outline the responsibilities of those that offer hazardous materials returned by retail customers.
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Effects: |
| Prompting action:2011 Retrospective Regulatory Review |
| |
| Rulemaking Project Initiated: 04/08/2011 |
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 |
Pipeline and Hazardous Materials Safety Administration
|
| 98. | Hazardous Materials: Harmonization with the UN Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization Technical Instructions, Response to Appeals; Clarifications; Corrections | Green | |
| Popular Title:Harmonization Response to Appeals |
| RIN 2137-AE83 |
| Stage: Undetermined |
| Previous Stage:None |
| Abstract: This rulemaking would respond to several administrative appeals received in response to our January 19, 2011 (HM-215K; 76 FR 3308) international harmonization final rule, which made revisions to the Hazardous Materials Regulations to maintain alignment with various international standards. Specifically, it incorporated amendments based on the sixteenth revised edition of the United Nations Recommendations on the Transport of Dangerous Goods - Model Regulations, Amendment 35-10 to the International Maritime Dangerous Goods Code, and the 2011-2012 International Civil Aviation Organization´s Technical Instructions on the Safe Transport of Dangerous Goods by Air. This rulemaking would consider the merits of the administrative appeals received and consider amendments to the HMR.
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Effects: |
| Prompting action:None |
| |
| Rulemaking Project Initiated: 08/19/2011 |
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 |