News & Analysis as of

Department of Transportation (DOT) PHMSA

Is LNG by Rail Coming to New England?

by Holland & Knight LLP on

A recent Boston Globe editorial entitled “Gas-by-train? Beacon Hill Opens The Door” suggests that liquefied natural gas (LNG) may be arriving by train to New England from the shale gas region in Pennsylvania in the future....more

PHMSA Raises Random Drug Testing Rate To 50% For 2018

by Jackson Lewis P.C. on

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration announced December 8, 2017 that during calendar year 2018, the minimum random drug testing rate will be increased to...more

Department of Transportation Repeals Controversial Rail Brake Rule

by Holland & Knight LLP on

In a decision that had become all but inevitable, the U.S. Department of Transportation (DOT), on December 4, 2017 rescinded its rule that would have required railroads carrying highly hazardous flammable materials, such as...more

DOT Issues Its Latest Status Update on Significant Pending Aviation-Related Rulemakings

by Cozen O'Connor on

The U.S. Department of Transportation (DOT) recently issued a Significant Rulemaking Report, the first such report released under the Trump administration, providing the status of various pending rulemaking initiatives. The...more

Fifth Circuit Vacates Pipeline Safety Violations and Declines Auer Deference

On August 14, the U.S. Court of Appeals for the Fifth Circuit issued its opinion in the case of ExxonMobil Pipeline Company v. U.S. Department of Transportation. In May of 2013, ExxonMobil Pipeline Company’s (ExxonMobil)...more

Pipeline Safety Updates: Drue Pearce Tapped for PHMSA; PHMSA and DOT Accept Comments on Pipeline Regulations

by Latham & Watkins LLP on

This Client Alert notes updates in PHMSA’s leadership and recent engagement of stakeholders in the regulation of natural gas pipelines. Trump Administration Appoints New PHMSA Deputy Administrator - Drue Pearce has...more

Natural Gas Pipeline and Underground Storage: Recent Developments in Pipeline Safety

by Latham & Watkins LLP on

This Client Alert notes two recent updates in the area of natural gas pipeline and underground natural gas storage safety. Latham & Watkins will continue to provide updates as additional events unfold in this area of rapid...more

Federal and State Regulation of the Safety of Pipelines and Underground Natural Gas Storage Facilities

by Latham & Watkins LLP on

This White Paper provides general background on the regulation of natural gas pipelines with special emphasis on underground storage, as context for recent and ongoing developments in this area by the Pipeline and Hazardous...more

Time to Get Moving: Transportation and Coast Guard Regulatory Reform Opportunities

by Cozen O'Connor on

The U.S. Department of Transportation (DOT) and the U.S. Coast Guard (USCG) will publish notices on June 8, 2017, soliciting public comments to help shape their regulatory reform efforts under Executive Order (EO) 13771,...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - May 2017

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update discusses the FAA’s regulatory reform review, the FAA’s and PHMSA’s increases in civil penalty amounts, recent amendments of hazardous materials regulations, the...more

Some Not-So-Good News Out of Washington, D.C. for Pipeline Operators – Feds Increase Fines for Pipeline Safety Violations

by Stoel Rives LLP on

President Trump’s recent executive orders have benefited the oil pipeline industry in a number of ways, including most notably, giving the final “okay” to the Dakota Access Pipeline. But some legislative mandates have been...more

PHMSA Sets Standards to Enhance Safety of Underground Natural Gas Storage Facilities

by Morrison & Foerster LLP on

On December 14, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA), a division of the Department of Transportation (DOT), issued an Interim Final Rule (the “IFR”) to implement safety standards for the...more

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

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s proposed rule on the use of cell phones to make voice calls on commercial flights, the results of DOT’s negotiated rulemaking on accessible...more

In Effort to Increase Both Transparency and Safety, PHMSA Releases Civil Penalty Framework

by Stoel Rives LLP on

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a General Policy Statement for civil penalties (“Penalty Framework”) on October 17, 2016. The Penalty Framework...more

Hot Pocket: Samsung Galaxy Note 7 Recall Highlights Risk of Lithium Batteries During Air Transportation

by Benesch on

Air transportation of lithium ion batteries recently garnered significant attention due to events following reports of the Samsung Galaxy Note 7’s batteries overheating, catching fire, and even exploding. See Samsung Recalls...more

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

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/IRIS/NTP/TRI - EPA Issues Statements Of Findings For September 2016: On September 23, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice announcing its findings after its review of Toxic...more

PHMSA Implements New Emergency Safety Authority Effective Immediately

by Bracewell LLP on

On October 3, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced an Interim Final Rule (IFR) establishing when and how it will issue Emergency Orders to address imminent safety hazards across...more

PHMSA Implements Authority to Issue Emergency Orders

by Morgan Lewis on

Interim Final Rule allows the Pipeline and Hazardous Materials Safety Administration (PHMSA) to respond immediately to unsafe conditions or practices that pose an imminent hazard to public health and safety or to the...more

DOT/PHMSA Proposes to Harmonize U.S. Lithium Battery Transport Requirements With International Standards

by Beveridge & Diamond PC on

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration issued a proposed rule that would harmonize U.S. hazardous materials regulations with international hazardous materials transport...more

Department of Transportation Clarifies Regulations Regarding Abandoned Pipelines

by BakerHostetler on

On Aug. 16, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued Advisory Bulletin ADB-2016-05 to owners and operators of pipelines used for the transportation of...more

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

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

by Cozen O'Connor on

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

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

by Freeborn & Peters LLP on

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

by King & Spalding on

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

President Obama Signs PIPES Act of 2016, Reauthorizing PHMSA and Introducing New Mandates for Oil and Gas Pipeline Programs

by Latham & Watkins LLP on

On June 22, 2016, President Obama signed a bill reauthorizing the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) oil and gas pipeline programs through 2019. Obama’s final stamp on the Protecting our...more

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