Additional DOT Rules Pending

Yesterday I looked at the additional DHS rules under development that could be of interest to the chemical security community. Today I would like to look at a similar list of rules that are being developed by the Department of Transportation. For the most part these rules are not directly security rules, but they may still be of interest to our community because they deal with the handling and shipping of hazardous materials. Few of these rules will be covered in any detail in this blog.

DISCLOSURE NOTE: Most of my writing done on hazardous materials transportation issues is done for the Journal of Hazmat Transportation. Since I am being paid for those articles I have to be careful about the duplication of writing efforts here.

Proposed Rules

The regulations in the ‘proposed rule’ stage have either had an advance notice of proposed rule making (ANPRM) published or have a notice of proposed rule making (NPRM) being written or reviewed. The next action to be expected would be the publication of an NPRM.

The following is a list of regulations in the proposed rule stage at DOT:

• 2130-AC11 (FRA) Risk Reduction Program

• 2137-AE58 Hazardous Materials: Adoption of American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code Section XII and the National Board Boiler and Pressure Vessel Inspectors Code

• 2137-AE66 Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines

• 2137-AE36 Pipeline Safety: Completing Regulation of Hazardous Liquid Pipelines Operating at Low Stress

• 2137-AE37 Hazardous Materials: Bulk Loading and Unloading Operations

• 2137-AE52 Hazardous Materials: Combustible Liquids

• 2137-AE53 Hazardous Materials: Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids (Wetlines)

• 2137-AE55 Hazardous Materials: Incorporation of Certain Rail Special Permits Into the Hazardous Materials Regulations

• 2137-AE59 Pipeline Safety: Miscellaneous Amendments to the Pipeline Safety Regulations

• 2137-AE65 Hazardous Materials: Limiting the Use of Mobile Telephones by Highway

Final Rules

The regulations in the ‘final rule’ stage have had an NPRM published and the public comment period is closed. DOT is reviewing those comments and making the appropriate adjustments to the rule. The next action to be expected would be the publication of a final rule.

The following is a list of regulations in the final rule stage at DOT:

• 2105-AD59 Protection of Sensitive Security Information

• 2130-AC14 Emergency Escape Breathing Apparatus

• 2137-AE06 Hazardous Materials: Requirements for Storage of Explosives During Transportation

• 2137-AE13 Hazardous Materials: Enforcement Regulations

• 2137-AE32 Hazardous Materials: Combination Packages Containing Liquids Intended for Transport by Aircraft

• 2137-AE33 Pipeline Safety: Updates to Pipeline and Liquefied Natural Gas Reporting Requirements

• 2137-AE45 Hazardous Materials: International Harmonization

• 2137-AE56 Hazardous Materials: Incorporation of Certain Cargo Tank Special Permits Into the HMR

• 2137-AE57 Hazardous Materials: Revision of Special Permits Procedures

• 2137-AE63 Hazardous Materials: Limiting the Use of Electronic Devices by Highway

Long Term Actions

‘Long Term Actions’ are those rules that DOT is considering developing. Some of these are congressionally mandated rule makings that are going to require a great deal of time to complete for technical or political reasons. Others are existing ‘interim final regulations’ that need to be made permanent. Others still are items that DHS has internally identified as areas potentially requiring regulatory action. Items on this list may never be introduced into the regulatory process.

The following is a list of regulations (only one in the DOT Unified Agenda) in the long term action stage at DOT:

• 2137-AE46 Hazardous Materials: Miscellaneous Amendments

Additional DHS Rules Pending

Periodically over the last couple of weeks I have discussed various aspects of the Fall 2010 Regulatory Agenda that was published in the Federal Register on December 20th. The reader who has been following the regulatory process at DHS will recognize that the list of proposed regulations that I listed as being in the Agenda on my blog about the release of the Regulatory Agenda is not a complete list of regulations that DHS has proposed. This is because the regulations listed in the RISC Agenda document are only those that are ‘economically significant’; have a significant economic impact on a large number of small businesses.


Today I would like to briefly look at some of the less ‘economically significant’ rules in the regulatory process that might be of interest to the chemical security community. I will list the rules actually in process and rules that DHS is currently looking at introducing in the future. The information on these rules can be found on the Unified Agenda page on the RegInfo.gov website. Each of the rules listed below will be preceded by an RIN number; this is the tracking number used by OMB to plot the progress of rule through the regulatory process and serves as a link to the current status of that rule.

In this posting I’ll just provide listings of the rules in the various stages of development. In later posts I’ll take a closer look at some of the more important (to chemical facilities) rules in more detail.

Proposed Rules

The regulations in the ‘proposed rule’ stage have either had an advance notice of proposed rule making (ANPRM) published or have a notice of proposed rule making (NPRM) being written or reviewed. The next action to be expected would be the publication of an NPRM.

The following is a list of regulations in the proposed rule stage at DHS:

• 1601-AA56 Petitions for Rulemaking, Amendment, or Repeal

• 1625-AB21 Transportation Worker Identification Credential (TWIC); Card Reader Requirements

• 1652-AA54 Sensitive Security Information: Disclosure in Federal Civil Court Proceedings

• 1652-AA61 Standardized Vetting, Adjudication, and Redress Services

Final Rules

The regulations in the ‘final rule’ stage have had an NPRM published and the public comment period is closed. DHS is reviewing those comments and making the appropriate adjustments to the rule. The next action to be expected would be the publication of a final rule.

The following is a list of regulations in the final rule stage at DHS:

• 1601-AA01 Production or Disclosure of Official Information in Connection With Legal Proceedings

• 1651-AA70 Importer Security Filing and Additional Carrier Requirements

Long Term Actions

‘Long Term Actions’ are those rules that DHS is considering developing. Some of these are congressionally mandated rule makings that are going to require a great deal of time to complete for technical or political reasons. Others are existing ‘interim final regulations’ that need to be made permanent. Others still are items that DHS has internally identified as areas potentially requiring regulatory action. Items on this list may never be introduced into the regulatory process.

The following is a list of regulations in the long term action stage at DHS:

• 1625-AA87 (Coast Guard) Security Zone Regulations

• 1652-AA08 Protection of Sensitive Security Information (SSI)

• 1652-AA16 Transportation of Explosives from Canada to the United States Via Commercial Motor Vehicle and Railroad Carrier

• 1652-AA50 Drivers Licensed by Canada or Mexico Transporting Hazardous Materials To and Within the United States

• 1652-AA58 Freight Railroads--Vulnerability Assessment and Security Plan

• 1652-AA66 Reporting of Security Issues