Report on DOT Significant Rulemakings

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Table of Contents

Research and Special Programs Administration

80. Safeguarding Food from Contamination During Transportation

81. Pipeline Safety: Response Plans for Onshore Oil Pipelines

82. Applicability of the Hazardous Materials Regulations to Loading, Unloading, and Storage

83. Hazardous Materials: Transportation of Oxygen Cylinders and Oxygen Generators Aboard Aircraft

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

85. Hazardous Materials; Transportation of Lithium Batteries

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

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

88. Prohibition on the Transportation of Primary Lithium Batteries Aboard Passenger Aircraft



Research and Special Programs Administration
Research and Special Programs Administration
80. 
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: The Sanitary Food Transportation Act of 1990 (49 USC 5701 et seq.) requires the Secretary of Transportation, in consultation with the Secretaries of Agriculture and Health and Human Services and the Administrator of the Environmental Protection Agency, to issue regulations concerning the transportation of food, food additives, drugs, devices, and cosmetics in motor and rail vehicles also used to transport nonfood products that could pose an unreasonable danger to human or animal health when so transported. This rulemaking proposes to implement the statutory requirements. This rulemaking is significant due to substantial congressional interest.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final Rule : 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  11/30/2004  12/15/2004 
Publication Date 07/30/2004  12/30/2004   
End of Comment Period 08/30/2004  02/28/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for SNPRM: None


Research and Special Programs Administration
81. 
Pipeline Safety: 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 establish regulations requiring response plans for certain onshore oil pipelines. Those regulations are mandated by the Federal Water Pollution Control Act as amended by the Oil Pollution Act of 1990 (Pub. L. 101-380). The purpose of these requirements is to improve response capabilities and minimize the impact of onshore oil spills from pipelines. This rulemaking is signficant due to substantial public interest.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final, Statutory : 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/3   02/24/2004  03/12/2004 
Returned to Mode/3     03/16/2004 
Resubmitted to OST/4     03/25/2004 
Returned to Mode/4     04/27/2004 
Resubmitted to OST/5   09/01/2004  08/27/2004 
Returned to Mode/5     09/10/2004 
Resubmitted to OST/6   09/24/2004  09/23/2004 
To OMB 06/03/2002  11/30/2004  11/17/2004 
OMB Clearance 09/06/2002  02/17/2005   
Publication Date 09/13/2002  02/25/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Research and Special Programs Administration
82. 
Applicability of the Hazardous Materials Regulations to Loading, Unloading, and Storage Yellow
Popular Title: Applicability of HMR to Loading and Unloading
RIN 2137-AC68
Stage: Reconsideration of Final Rule
Previous Stage: ANPRM: Publication Date 07/29/96; End of Comment Period 11/30/96. SANPRM: Publication Date 04/27/99; Extension of Comment Period 07/26/99; End of Comment Period 08/25/99. NPRM: Publication Date 08/28/2001; End of Extended Comment Period 02/01/2002. Final Rule: End of Comment Period 02/01/2002; Publication Date 10/30/2003.
Abstract: This rulemaking would make revisions to better define the applicability of the Federal Hazardous Materials Regulations (HMR) in order to clarify the relationship among Federal, State, local, and tribal agencies in the regulation of hazardous materials. Under circumstances specified in Federal statutes, the regulations of other Federal agencies (EPA and OSHA) and non-Federal governments (States, localities, and Indian tribes) must be consistent with or defer to RSPA's regulation of the transportation of hazardous materials in commerce. However, other Federal and non-Federal requirements are generally not limited where hazardous materials are not in transportation. Activities relating to loading, unloading, and storage of hazardous materials have become areas of particular uncertainty and concern to both industry and non-Federal governments. This action is significant because of the substantial public interest in reducing uncertainty and avoiding conflicting regulations.
Effects:
  Federalism
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 01/05/1996
Dates for Reconsideration of Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 10/25/2004    10/26/2004 
To OMB 11/26/2004  12/17/2004  01/04/2005 
OMB Clearance 02/24/2005  02/17/2005   
Publication Date 03/03/2005  02/28/2005   
Explanation for any delay: N/A
Federal Register Citation for Reconsideration of Final Rule: None


Research and Special Programs Administration
83. 
Hazardous Materials: Transportation of Oxygen Cylinders and Oxygen Generators Aboard Aircraft Red
Popular Title: Oxygen Cylinders
RIN 2137-AD33
Stage: NPRM
Previous Stage:None
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 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: Awaiting development of additional data
Federal Register Citation for NPRM: 69 FR 25470


Research and Special Programs Administration
84. 
Hazardous Materials: Safety Requirements for 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 address requirements to reduce the risks associated with the retention of flammable liquid in unprotected product piping on a cargo tank motor vehicle during transportation (wetlines). It responds to an NTSB recommendation. It is significant because of industry concerns about its cost implications.
Effects:
  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  11/30/2004  12/23/2004 
Publication Date 04/12/2004  12/07/2004  12/30/2004 
End of Comment Period 06/12/2004  02/07/2005  03/01/2005 
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: 69 FR 78375


Research and Special Programs Administration
85. 
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.
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   02/04/2005   
Resubmitted to OMB/2   02/11/2005   
OMB Clearance 07/09/2003  02/25/2005   
Publication Date 07/16/2003  03/01/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Research and Special Programs Administration
86. 
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 amend the Hazardous Materials Regulations (HMR) to harmonize the current requirements for the Transport of Dangerous Goods with UN standards which revised the classification criteria for infectious substances, based on risk evaluations conductd by the World Health Organization and U.S. Centers for Disease Control and Prevention. It would also relax transportation requirements for certain infectious substances based on the level of risk associated with their 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  10/25/2004 
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
87. 
Hazardous Materials: Enhancing Rail Transportation Security of Toxic by Inhalation Materials Black
Popular Title: TIH Rule
RIN 2137-AE02
Stage: Undetermined
Previous Stage: Request for Comments: Publication Date 08/16/04; End of Comment Period 10/18/04.
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. The two departments are seeking 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, modifications of methods used to identify shipments, ehhanced requirements for temporary storage, strenghtened tank car integrity, and implemention of tracking and communication systems. Both departments are reviewing the comments received and then will decide the next action.
Effects:
  None
Prompting action: Presidential Direction
Legal Deadline:  None
Rulemaking Project Initiated: 05/01/2004
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


Research and Special Programs Administration
88. 
Prohibition on the Transportation of Primary Lithium Batteries Aboard Passenger Aircraft Green
Popular Title: Primary Lithium Battery Ban
RIN 2137-AE05
Stage: Interim Final Rule
Previous Stage:None
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.
Effects:
  None
Prompting action: Secretarial/Head of Operating Administration Decision
Legal Deadline:  None
Rulemaking Project Initiated: 10/01/2004
Dates for Interim Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 12/06/2004    12/08/2004 
Publication Approved 12/09/2004    12/09/2004 
Publication Date 12/10/2004    12/15/2004 
End of Comment Period 02/10/2005    02/15/2005 
Explanation for any delay: N/A
Federal Register Citation for Interim Final Rule: 69 FR 75207