August 2017 Report on DOT Significant Rulemakings

DOT has published the August 2017 Report on Significant Rulemakings.  This report recaps the current status of rulemaking, including probable dates for publication of the various items.  To view the full report for all DOT modes and rulemaking follow this link: https://cms.dot.gov/regulations/august-2017-significant-rulemaking-report

The Significant pipeline rulemakings are shown below.

Each rulemaking also has a color code.  A rule may be green, yellow, red, or black.  A "green" designation means the rule is expected to meet the "originally scheduled date" for publication.  "Yellow" means the rule is not likely to meet the schedule.  "Red" means the rule is behind schedule; if red, an explanation will be provided for the delay.  Finally, "black" means the Department does not yet have a schedule for publication.

 

Pipeline and Hazardous Materials Safety Administration




 

Pipeline and Hazardous Materials Safety Administration

96. 

Pipeline Safety: Safety of Hazardous Liquid Pipelines

Red

Popular Title: OPS: Liquid Hazardous Pipelines

RIN 2137-AE66

Stage: Final Rule

Previous Stage: NPRM 10/13/2015

Abstract: In recent years, there have been significant hazardous liquid pipeline accidents, most notably the 2010 crude oil spill near Marshall, Michigan, during which almost one million gallons of crude oil were spilled into the Kalamazoo River. In response to accident investigation findings, incident report data and trends, and stakeholder input, PHMSA published a Notice of Proposed Rulemaking (NPRM) in the Federal Register on October 13, 2015. Previously, Congress had enacted the Pipeline Safety, Regulatory Certainty, and Job Creation Act that included several provisions that are relevant to the regulation of hazardous liquid pipelines. Shortly after the Pipeline Safety, Regulatory Certainty, and Job Creation Act was passed, the National Transportation Safety Board (NTSB) issued its accident investigation report on the Marshall, Michigan accident. In this rulemaking action, PHMSA is amending the Pipeline Safety Regulations to improve protection of the public, property, and the environment by closing regulatory gaps where appropriate, and ensuring that operators are increasing the detection and remediation of unsafe conditions, and mitigating the adverse effects of hazardous liquid pipeline failures.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: None

 

Rulemaking Project Initiated: 08/13/2010

Docket Number: PHMSA-2010-0229

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/13/2016 

08/01/2016 

07/29/2016 

To OMB

06/21/2016 

10/19/2016 

10/18/2016 

OMB Clearance

09/21/2016 

12/20/2016 

01/10/2017 

Returned to Mode

 

 

01/23/2017 

Resubmitted to OST

 

08/11/2017 

 

Resubmitted to OMB

 

09/26/2017 

 

OMB Clearance/2

 

12/26/2017 

 

Publication Date

10/03/2016 

12/29/2017 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

 

Pipeline and Hazardous Materials Safety Administration

97. 

Pipeline Safety: Gas Transmission (RRR)

Red

Popular Title: OPS: Gas Transmission (RRR)

RIN 2137-AE72

Stage: Undetermined

Previous Stage: ANPRM 8/25/2011; End of C/P 12/2/2011; End of Extended C/P 1/20/2012. NPRM: Publication Approved 03/11/2016;Publication Date 04/08/2016;End of Comment Period 06/08/2016;Extension of Comment Period . NPRM: Publication Approved 03/11/2016;Publication Date 04/08/2016;End of Comment Period 06/08/2016;Extension of Comment Period .

Abstract: PHMSA is amending the pipeline safety regulations to address integrity management principles for Gas Transmission pipelines. In particular, PHMSA is addressing repair criteria for both HCA and non-HCA areas, assessment methods, validating and integrating pipeline data, risk assessments, knowledge gained through the IM program, corrosion control, change management, gathering lines, and safety features on launchers and receivers.

Effects:

 

Major

Prompting action: 2011 Retrospective Regulatory Review

Legal Deadline: None

 

Rulemaking Project Initiated: 01/04/2011

Docket Number: PHMSA-2011-0023

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

101. 

Pipeline Safety: Underground Storage Facilities for Natural Gas

Black

Popular Title: OPS: Underground Storage Facilities Natural Gas

RIN 2137-AF22

Stage: Final Rule

Previous Stage: Interim Final Rule: Publication Date 12/19/2016;End of Comment Period 02/17/2017;Effective Date 01/18/2017. Response to petition FR 06/20/2017

Abstract: PHMSA has safety authority over the underground storage facilities used in natural gas pipeline transportation, but has no safety regulations in the DOT Code (49 CFR Part 192) that apply to the down-hole underground storage reservoir for natural gas. PHMSA issued an interim final rule that requires operators of underground storage facilities for natural gas to comply with minimum safety standards, including compliance with API RP 1171, Functional Integrity of Natural Gas Storage in Depleted Hydrocarbon Reservoirs and Aquifer Reservoirs, and API RP 1170, Design and Operation of Solution-mined Salt Caverns Used for Natural Gas Storage. The interim final rule adopted the non-mandatory provisions of the RPs in a manner that would make them mandatory, except that operators are permitted to deviate from the RPs if they provide justification. The next planned action is to finalize the interim final rule.

Effects:

 

None

Prompting action: None

Legal Deadline: None

 

Rulemaking Project Initiated: 02/17/2016

Docket Number:

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

Publication Date

 

01/31/2018 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

 

Pipeline and Hazardous Materials Safety Administration

104. 

Pipeline Safety: Class Location Requirements

Black

Popular Title: Class Location Requirements

RIN 2137-AF29

Stage: ANPRM

Previous Stage: : .

Abstract: PHMSA is seeking comments on the current class location requirements and alternatives to these requirements.

Effects:

 

None

Prompting action: None

Legal Deadline: None

 

Rulemaking Project Initiated: 06/29/2017

Docket Number:

Dates for ANPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

11/06/2017 

 

 

To OMB

12/26/2017 

 

 

Publication Date

04/09/2018 

 

 

End of Comment Period

06/11/2018 

 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for ANPRM: None