Administrative Agency Transportation

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Oil Patch Regulators Order Bakken Crude “Stabilized,” A Step to Enhance Oil Train Safety

On December 9 the North Dakota Industrial Commission issued an Order requiring production facilities to separate volatile gases, the so-called “light ends,” like propane and butane, from crude oil before it is shipped to...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

Highlights of this edition of the Cozen O’Connor Aviation Regulatory Update include the FAA’s recent rulemakings involving New York area airport slots and safety management systems for U.S. Part 121 air carriers, developments...more

State Regulators Are On Track To Improve Oil Train Safety

Our November 13 post noted that most of the crude oil from the Bakken Formation in North Dakota is shipped to ports and refineries throughout the United States by rail, typically in unit trains with one hundred cars or more....more

2015 Oil and Gas Regulatory Outlook

The U.S. government recently announced plans for a number of regulatory initiatives in 2015 that will affect the oil and gas industry. Planned Federal Regulations Target the Oil and Gas Industry Twice per year, the U.S....more

Setting the Table - January 2015: I Really Need A License For That?! Regulators Crack Down on Liquid Food Commodity Transporters

The new “Tank Vehicle” definition, which became effective and enforceable in all 50 states last summer, will likely have a disproportionate effect on the food commodity transportation sector due to the tendency to transport...more

More boots on the ground: FAA provides law enforcement guidance for suspected unauthorized UAS operation

There could soon be a lot more boots on the ground and eyes on the sky watching for dangerous or unauthorized Unmanned Aircraft Systems (UAS, or “drones”). On January 8, 2015, the Federal Aviation Administration (FAA)...more

FAA Ramps Up Drone Ban Enforcement by Enlisting State/Local Police Assistance - FAA Guidance Document Identifies Specific Actions...

The Federal Aviation Administration (FAA) has issued new written guidance that enlists police departments to help enforce the government's ban on the commercial use of unmanned aerial vehicles (UAS) in the national air space....more

Drone on Drones: Drone Zones

The policy debate over domestic use of drones is ongoing, and legal issues surrounding privacy are still being worked out. As 2015 begins, however, it seems appropriate to look forward to where drones may be going in the near...more

Setting the Table - The FDA’s Proposed Food Safety Rule: What Warehouse Leaders Need to Know

Although the FDA has characterized the risk of food contamination during transportation as “low,” a proposed FDA regulation, entitled “Sanitary Transportation of Human and Animal Food” will impose new restrictions which all...more

Before Driverless Cars, Questions

Although it is unclear when autonomous vehicles will be hitting the roads, what is clear is that this technology is coming. Automakers to suppliers to lawmakers to insurers will want to carefully consider the following issues...more

The FAA Grants Drone Operators Five Regulatory Exemptions

On December 10, the FAA announced that it had granted a total of five regulatory exemptions for unmanned aircraft systems, otherwise known as drones, to four companies that want to fly drones for aerial surveying,...more

Iowa Plans for Digital Driver’s License

The Des Moines Register reports that the Iowa Department of Transportation is developing a smart phone app that will act as an officially issued driver’s license. ...more

FAA Denies EPIC Petition Requesting Public Rulemaking To Address Privacy Concerns Posed By Drones; Cites Ongoing Rulemaking...

The Federal Aviation Administration (“FAA”) has denied a petition submitted by the Electronic Privacy Information Center (“EPIC”) to initiate a public rulemaking to address the “threat to privacy and civil liberties that will...more

An Update on FAA Regulatory Revisions, DOT and FAA Enforcement Actions, and Other Aviation-Related Regulatory Matters

This edition of the Cozen O’Connor Aviation Regulatory Update provides an overview of recent FAA regulatory initiatives involving crew pairing, alcohol and drug testing rates, the use of aviation fuel taxes by airports and...more

House Subcommittee Pushes FAA for Faster Progress on UAS Integration - Proposed Small UAS Rule Expected Before the End of 2014,...

On Dec. 10, members of Congress in a hearing pushed the Federal Aviation Administration (FAA) to quicken the pace of efforts to safely integrate unmanned aerial systems (UAS), commonly referred to as drones, into the national...more

With Updated FAA Drone Regulations Imminent, California Legislature Introduces Three New Drone Bills

As discussed in a recent NPR report, the Federal Aviation Administration (FAA) is planning to release proposed new drone operation regulations by the end of this month. Safety is a major FAA concern, with the agency...more

DOT Denies Request to Prohibit Shipment of Bakken Crude Oil on Older Tank Cars; Environmental Groups Push Battle to Courtroom

On December 2, 2014 following the Department of Transportation’s (“DOT”) November 7, 2014 denial of their request for an immediate ban on use of older DOT-111 or CTC-111 railcars for the shipment of crude oil from the Bakken...more

New Jones Act Enforcement Initiative

Action Item: U.S. Customs and Border Protection (“CBP”) issued a Notice to the Area Port of New Orleans Trade Community on November 12, 2014, announcing electronic online reporting of possible Jones Act violations. Owners and...more

May State and Local Governments Control Low-Flying Drones?

Most of the attention paid to drones has focused on issues of aviation and Federal Aviation Administration (FAA) authority. Yet much of the impact of low-flying drones will fall, not on the national air transportation system,...more

CalPERS’ Commitment to Infrastructure (Real Assets Annual Program Review, November 2014)

On November 17, 2014, the California Public Employees’ Retirement System (CalPERS), the largest U.S. public pension fund with approximately $300 billion in assets, conducted its annual real assets program review. CalPERS’...more

Implications of the NTSB’s Decision That Drones are Aircraft

The NTSB issued a decision on November 17, holding that drones are aircraft and subject to the code of federal regulations that govern aircraft. In Michael P. Huerta, Administrator, Federal Aviation Administration v. Raphael...more

NTSB Overturns Administrative Law Judge Decision and Holds That Federal Aviation Regulation 91.13 (Careless or Reckless Operation)...

The Federal Aviation Association (FAA) is feverishly working on a Notice of Proposed Rulemaking (NPRM) governing commercial use of unmanned aircraft systems (UAS), which it intends to have ready by the end of 2014. Details...more

NTSB Ruling: FAA Regulations Enforceable Against Drones

In the ever shifting landscape of drone law, there has been another seismic shift. In a November 18, 2014 ruling, the NTSB held that the FAA does have the authority to enforce its regulations against certain model aircraft...more

Huerta v. Pirker: NTSB Rules that UAS Are “Aircraft” and Subject to FAA Prohibition on Careless and Reckless Operations

On November 18, 2014, in a unanimous decision, the National Transportation Safety Board (NTSB) concluded that unmanned aircraft systems (UAS) are: “aircraft” within the Federal Aviation Administration’s (FAA) statutory and...more

Huerta v. Pirker—NTSB Says No More “Gray Area” for Drone Operations

Unmanned aircraft systems (UAS) have operated within an uncertain legal framework while players across a rapidly growing range of commercial industries — from energy to rail transport to forestry to all types of...more

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