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Report on DOT Significant Rulemakings

Table of Contents

Pipeline and Hazardous Materials Safety Administration

56. Hazardous Materials: Miscellaneous Packaging Amendments

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

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

59. Hazardous Materials: Enforcement Regulations

60. Pipeline Safety: Distribution Integrity Management

61. Hazardous Materials: Revision of Requirements for Security Plans

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

63. Control Room Management/Human Factors

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



Pipeline and Hazardous Materials Safety Administration
Pipeline and Hazardous Materials Safety Administration
56. 
Hazardous Materials: Miscellaneous Packaging Amendments Red
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: None
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  02/27/2009   
To OMB 10/24/2008  04/02/2009   
OMB Clearance 01/22/2009  07/02/2009   
Publication Date 01/29/2009  07/09/2009   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Pipeline and Hazardous Materials Safety Administration
57. 
Hazardous Materials: Enhancing Rail Transportation Safety and Security for Hazardous Materials Shipments Green
Popular Title: Rail routing rule
RIN 2137-AE02
Stage: Final Rule
Previous Stage: Interim Final Rule: Publication Date 04/16/2008;End of Comment Period 05/16/2008.
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:  Final Rule : 05/03/2008
Rulemaking Project Initiated: 05/01/2004
Docket Number: PHMSA-RSPA-2004-18730
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 08/01/2008  08/08/2008  08/05/2008 
To OMB 09/05/2008  09/05/2008   
OMB Clearance 12/05/2008  10/27/2008   
Publication Date 12/15/2008  10/31/2008   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Pipeline and Hazardous Materials Safety Administration
58. 
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. The 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 regulatory requirements 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
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   07/07/2008  07/03/2008 
End of Reopened Comment Period   09/08/2008  10/01/2008 
Explanation for any delay: Additional coordination necessary
Federal Register Citation for ANPRM: 70 FR 69493


Pipeline and Hazardous Materials Safety Administration
59. 
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  05/23/2008  05/16/2008 
Returned to Mode     06/24/2008 
Resubmitted to OST   07/11/2008  07/08/2008 
To OMB 07/11/2006  08/30/2008  07/25/2008 
OMB Clearance 10/11/2006  11/05/2008   
Publication Date 10/18/2006  11/12/2008   
End of Comment Period 12/19/2006  01/12/2009   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Pipeline and Hazardous Materials Safety Administration
60. 
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  03/17/2008  03/20/2008 
OMB Clearance 06/11/2007  06/18/2008  06/19/2008 
Publication Date 06/20/2007  06/30/2008  06/25/2008 
End of Comment Period 09/20/2007  09/30/2008  09/23/2008 
Explanation for any delay: Additional coordination necessary
Awaiting outcome of pending legislation
Federal Register Citation for NPRM: 73 FR 36015


Pipeline and Hazardous Materials Safety Administration
61. 
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  06/30/2008  06/20/2008 
To OMB 06/24/2008  08/06/2008  07/21/2008 
OMB Clearance 09/24/2008  11/06/2008  08/29/2008 
Publication Date 09/30/2008  11/14/2008   
End of Comment Period 11/30/2008  01/14/2009   
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Pipeline and Hazardous Materials Safety Administration
62. 
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: Final Rule
Previous Stage: NPRM: Publication Approved 03/03/2008;Publication Date 03/12/2008;End of Comment Period 05/12/2008;Extension of Comment Period 05/12/2008;End of Extended Comment Period 05/19/2008.
Abstract: This rulemaking would 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 Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 07/16/2008    07/18/2008 
To OMB 08/19/2008  09/03/2008  09/03/2008 
OMB Clearance 10/27/2008  10/20/2008   
Publication Date 11/07/2008  10/27/2008   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Pipeline and Hazardous Materials Safety Administration
63. 
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: PHMSA-2007-27954
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 11/30/2007  03/03/2008  04/14/2008 
To OMB 01/04/2007  06/27/2008  06/25/2008 
OMB Clearance 04/04/2007  09/26/2008  08/28/2008 
Publication Date 04/11/2007  10/07/2008   
End of Comment Period 06/11/2007  12/08/2008   
Explanation for any delay: Lack of staffing
Federal Register Citation for NPRM: None


Pipeline and Hazardous Materials Safety Administration
64. 
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:
  EU
NAFTA
Foreign
Prompting action: Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 06/04/2007
Docket Number: PHMSA-07-29364
Dates for ANPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 04/16/2008  04/28/2008  04/28/2008 
To OMB 05/20/2008  06/02/2008  06/11/2008 
OMB Clearance 08/18/2008  09/02/2008  06/26/2008 
Publication Date 08/25/2008  09/09/2008  07/07/2008 
End of Comment Period 10/24/2008  11/10/2008  09/05/2008 
Explanation for any delay: N/A
Federal Register Citation for ANPRM: 73 FR 38361