Report on DOT Significant Rulemakings

Abstract: This rulemaking would require oxygen cylinders and oxygen generators, when transported aboard aircraft, to be packed in an outer packaging that meets prescribed thermal and heat resistance requirements. These requirements would increase the level of safety associated with transportation of oxidizing gases by air. This rule has no impact on the use of passenger-owned oxygen cylinders. This rule is significant due to public interest.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 03/01/2000

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	03/06/2006	09/18/2006
To OMB	04/07/2006	10/23/2006
OMB Clearance	07/06/2006	01/22/2007
Publication Date	07/13/2006	01/29/2007

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None

Pipeline and Hazardous Materials Safety Administration

78.

Hazardous Materials: Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids

Green

Popular Title: Wetlines Rule

RIN 2137-AD36

Stage: Withdrawal

Previous Stage: ANPRM: Publication Date 02/10/2003; End of Comment Period 06/10/2003. NPRM: Publication Date 12/30/2004; End of Comment Period 03/01/2005; Extension of Comment Period 02/10/2005; End of Extended Comment Period 04/28/2005.

Abstract: This rulemaking would have addressed the risks associated with the retention of flammable liquid in unprotected product piping on a cargo tank motor vehicle during transportation (wetlines). However, the costs associated with regulatory action outweigh the benefits that would be associated with such action. PHMSA is withdrawing the notice of proposed rulemaking and closing the docket pending development of more definitive data to support rulemaking or alternative technologies or strategies to address the problem.

Effects:

EIS

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 01/19/2000

Dates for Withdrawal:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	08/04/2006	06/02/2006	05/17/2006
Publication Approved	09/01/2006	06/30/2006	05/30/2006
Publication Date	09/08/2006	07/07/2006	06/07/2006

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal: 71 FR 32909

Pipeline and Hazardous Materials Safety Administration

79.

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 revise requirements applicable to lithium batteries for consistency with international requirements. This rulemaking also responds to NTSB recommendations. After reviewing comments received, PHMSA prepared and published for public comment an Initial Regulatory Flexibility Analysis (IRFA) in order to determine the impact of its proposal on small entities.

Effects:

Regulatory Flexibility Act

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		08/18/2006
Resubmitted to OMB/2		09/22/2006
OMB Clearance	07/09/2003	12/21/2006
Publication Date	07/16/2003	12/29/2006

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None

Pipeline and Hazardous Materials Safety Administration

80.

Pipeline Safety: Protecting High Consequence Areas From Rural Petroleum Gathering Lines and Low Stress Lines

Green

Popular Title: Petroleum Gathering Lines and Low Stress Lines

RIN 2137-AD98

Stage: NPRM

Previous Stage:None

Abstract: This Rulemaking would establish limited safety rules for certain rural petroleum gathering lines that could affect high consequence areas, including populated areas, navigable waterways, and areas unusually sensitive to pipeline spills. Because rural petroleum gathering lines and low stress lines are now exempt from all pipeline safety rules, except in Gulf of Mexico inlets, the rulemaking would improve public confidence in the safety of these pipelines.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 02/04/2004

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	07/20/2006	08/08/2006
To OMB	08/23/2006	09/12/2006
OMB Clearance	11/23/2006	12/12/2006
Publication Date	11/30/2006	12/19/2006
End of Comment Period	01/31/2007	02/20/2007

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Pipeline and Hazardous Materials Safety Administration

81.

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

Red

Popular Title: Rail routing rule

RIN 2137-AE02

Stage: NPRM

Previous Stage: Request for Comments: Publication Date 08/16/04; End of Comment Period 10/18/04.

Abstract: The Pipeline and Hazardous Materials Safety Administration (PHMSA), in consultation with the Federal Railroad Administration (FRA) would revise the current requirements in the Hazardous Materials Regulations applicable to the safe and secure transportation of hazardous materials transported in commerce by rail. Specifically, we would require rail carriers to compile annual data on certain shipments of hazardous materials, use the data to analyze safety and security risks along rail transportation routes where those materials are transported, assess alternative routing options, and make routing decisions based on those assessments. We would also clarify the current security plan requirements to address en route storage and delays in transit.

Effects:

Regulatory Flexibility Act
Information Collection

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline:

None

Rulemaking Project Initiated: 05/01/2004

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	02/03/2006		01/19/2006
Returned to Mode			02/02/2006
Resubmitted to OST		04/14/2006	04/10/2006
To OMB	03/08/2006	08/14/2006
OMB Clearance	05/08/2006	11/16/2006
Publication Date	05/16/2006	11/30/2006
End of Comment Period	07/24/2006	01/29/2007

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None

Pipeline and Hazardous Materials Safety Administration

82.

Prohibition on the Transportation of Primary Lithium Batteries Aboard Passenger Aircraft

Red

Popular Title: Primary Lithium Battery Ban

RIN 2137-AE05

Stage: SNPRM

Previous Stage: Interim Final Rule: Publication Date 12/15/2004; End of Comment Period 02/15/2005.

Abstract: This rulemaking would prohibit the offering for transportation and transportation of primary lithium batteries and cells as cargo aboard passenger-carrying aircraft. The rule would apply to both foreign and domestic passenger-carrying aircraft entering, leaving, or operating in the United States. In addition, the rule would amend the Hazardous Materials Regulations to require that, when offered for transport in other modes, shipments of primary lithium batteries and cells must be marked to indicate that they are forbidden from transport aboard passenger-carrying aircraft. PHMSA had scheduled a final rule for 7/13/2006.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline:

None

Rulemaking Project Initiated: 10/01/2004

Dates for SNPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	08/23/2006
To OMB	09/27/2006
OMB Clearance	12/26/2006
Publication Date	01/03/2007
End of Comment Period	02/02/2007

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for SNPRM: None

Pipeline and Hazardous Materials Safety Administration

83.

Hazardous Materials: Requirements for Storage of Explosives During Transportation

Black

Popular Title: Storage of Explosives

RIN 2137-AE06

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 11/16/2005;End of Comment Period 02/14/2006.

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

Dates for Undetermined:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST
To OMB
OMB Clearance
Publication Date

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None

Pipeline and Hazardous Materials Safety Administration

84.

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:

None

Prompting action: Statute

Legal Deadline:

Temporary Rule : 10/11/2005
Final Rule : 08/10/2006

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/06/2006	09/22/2006
To OMB	07/11/2006	10/27/2006
OMB Clearance	10/11/2006	01/25/2007
Publication Date	10/18/2006	02/01/2007
End of Comment Period	12/19/2006	04/03/2007

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None