Department of Transportation (DOT)

News & Analysis as of

Fifth Circuit Declines to Stay of Compliance Order Flowing from Spill But Directs Expedited Briefing Schedule

On August 11, the U.S. Court of Appeals for the Fifth Circuit issued an opinion rejecting the ExxonMobil Pipeline Company’s request for a stay pending appeal of a Compliance Order issued by the Pipeline and Hazardous...more

Overlapping Labels Can Lead to Liability

Multiple regulatory agencies worldwide exercise jurisdiction over how hazards associated with chemicals in the workplace are communicated to employees and others. This creates a complex web of requirements and...more

Environmental Notes - August 2016

Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more

EU-US Privacy Shield Framework Formally Adopted

On July 12, 2016, the European Commission formally adopted the Privacy Shield, a new transatlantic framework for the transfer of personal data from the European Union (EU) and certain countries of the European Economic Area...more

EU-US Privacy Shield: How to Certify

Following formal approval of the EU-US Privacy Shield, US organizations will now be considering how to apply for Privacy Shield certification. On July 12, 2016, the European Commission formally approved and adopted the...more

August 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new FAA reauthorization legislation, DOT awards for U.S. carrier scheduled service to Cuba, DOT’s decision to address consumer notification requirements...more

Department of Commerce Now Accepting Privacy Shield Self-Certifications: A Primer for Compliance and Self-Certification

The Privacy Shield framework is a voluntary program that provides companies with a mechanism for complying with EU data protection requirements when transferring personal data from the EU to the US. The framework is open to...more

Louisiana Amends P3 Legislation Granting Authority to DOTD

The State of Louisiana has passed a public-private partnership (P3) law to help alleviate a $12.7 billion backlog in highway and bridge maintenance and construction needs across the state. The law authorizes the Louisiana...more

NC Legislative Update - August 2016

The 2016 Session - Lawmakers kept their promise of a truly short session this year. The legislature adjourned the 2015-16 Session sine die on Friday, July 1st, just before midnight. In total, the House was in session for...more

Obama Administration Announces Plan to Promote Electric Vehicles

In late July, the Obama administration announced a collaboration with 50 federal and state agencies, electric utility companies, vehicle manufacturers, electric charging station companies, and others in the private sector to...more

U.S. DOT Unveils Build America Bureau

U.S. Transportation Secretary Anthony Foxx, senior Department staff, and even an official from the White House gathered at U.S. Department of Transportation headquarters on July 20th to celebrate the grand opening of the...more

EU-U.S. Privacy Shield: Companies Can Now Certify

As of, August 1st, 2016, U.S. companies can now join the Safe Harbor successor EU-U.S. Privacy Shield (the “Privacy Shield”) for personal data transfers from the EU to the U.S. This post gives a high level summary of...more

Automotive Industry Organization Releases Recommended Cybersecurity Best Practices

Auto-ISAC is not alone in its efforts to address potential cybersecurity risks imposed by connected vehicles. As we have previously discussed, in 2015 legislators introduced the SPY Car Act, which requires automakers to meet...more

“Auto-Pilot” May Not Be Perfect, But It May Be Better

Virtually every day there are media reports regarding the introduction of driverless cars to mainstream consumers. As driverless cars rapidly accelerate from concept to commercialization, it is becoming increasingly apparent...more

A Fragile Shield? Managing the Risks of EU-U.S. Data Transfer

Following European Commission adoption of the Privacy Shield on July 12, 2016, and with Privacy Shield self-certification poised to open for business organizations on August 1, 2016 as a replacement for the invalidated...more

The European Commission Formally Adopts the Privacy Shield

The Privacy Shield heightens the level of scrutiny and the burden on organizations that voluntarily self-certify. On October 6, 2015, the Court of Justice of the European Union invalidated the European Commission’s (the...more

New PHMSA Rules on Safety Oil Spill Response Plans and Information Sharing Has Some Carriers Concerned

The U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Railroad Association this month proposed new regulations for trains that transport highly flammable...more

PIPES Act Puts More Priorities in PHMSA’s Regulatory Pipeline

On June 22, 2016, the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (PIPES Act) was signed into law. The new law reauthorizes the Department of Transportation’s Pipeline and Hazardous Materials...more

Self-Certification Under EU-U.S. Privacy Shield to Commence from August 2016

Following the formal approval of the EU-U.S. Privacy Shield by the European Commission on 8 July 2016, the arrangement will come into force in the U.S. commencing 1 August 2016 and will provide a convenient framework to allow...more

EU Article 31 Committee Approves EU-U.S. Privacy Shield Program – Client Alert – Wilson Elser

On April 5, 2016, Wilson Elser released a client alert that outlined the details of the EU-U.S. Privacy Shield program, the proposed replacement for the Safe Harbor arrangement for transfers of EU citizens’ private data to...more

Court of Appeals Hears National Federation of the Blind’s Challenge to DOT Rule Regarding Blind-Accessible Kiosks at Domestic...

On June 29, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit heard the National Federation of the Blind’s (NFB) challenge to a Department of Transportation (DOT) Final Rule regarding air carriers’ duty to...more

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Launches Advisory Panels: On June 15, 2016, the U.S. Environmental Protection Agency (EPA) launched two advisory panels designed to facilitate small businesses to provide feedback to EPA...more

Pushing the Pedal to the Metal in the FAST (Act) Lane – En Route to Long-Term Transportation Funding Certainty!

The Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety and Security held a hearing earlier this week to discuss the FAST Act and its impact on transportation infrastructure, safety and economic...more

New Hampshire Enacts P3 Legislation

New Hampshire has joined a growing number of jurisdictions in the United States that have enacted legislation enabling public-private partnerships (P3) for transportation infrastructure projects. According to Governor Maggie...more

DOT Bans Transport of Electronic Cigarettes on Commercial Flights

The U.S. Department of Transportation (DOT) announced a final rule that bans the use and transport of electronic cigarettes on commercial flights. The ban applies to all U.S. and foreign airline carriers with scheduled...more

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