News & Analysis as of

PHMSA

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In a decision that had become all but inevitable, the U.S. Department of Transportation (DOT), on December 4, 2017 rescinded its rule that would have required railroads carrying highly hazardous flammable materials, such as...more

Energy Quarterly Report: FERC Updates & PHMSA Regulations - Q3 2017

by Benesch on

The Senate confirmed President Trump’s nominees to fill two of the four open seats on the FERC, producing a quorum for the first time since February. Neil Chatterjee (Senate Majority Leader Mitch McConnell’s energy advisor),...more

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Schedules PPDC Meeting: On October 13, 2017, the U.S. Environmental Protection Agency (EPA) announced the scheduling of a Pesticide Program Dialogue Committee (PPDC) meeting for November 1-2, 2017. 82...more

Transportation/Hazardous Materials: August 15th U.S. Pipeline and Hazardous Materials Safety Administration Clarifying Security...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an August 15th letter the Hazardous Materials Regulations (“HMR”) security plan requirements. PHMSA was responding to two...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

GAO Recommends that PHMSA Evaluate its Model for Pipeline Safety Inspections

by Beveridge & Diamond PC on

Pipeline safety and infrastructure issues have gained attention in recent years due to tight oil resources production, changes in regulations, and several high-profile incidents. On Thursday, August 3, the U.S. Government...more

Regulation of Natural Gas Gathering Lines In the Face of Unprecedented Demands on US Pipeline Infrastructure

by Latham & Watkins LLP on

Existing gathering line regulation reflects collaboration between pipeline operators and regulators, a model useful for new regulatory efforts as well. Background - America’s natural gas pipeline network transports...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

EIB Energy Highlights: FERC Nominees to Restore Quorum, Clean Power Plan Rescission, Infrastructure Bills & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

PHMSA Increases Penalty Limits for Pipeline Safety Violations

by Beveridge & Diamond PC on

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) revised its regulations to increase the maximum civil penalties for violations of Federal pipeline safety laws, as well as any...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 Increases Pipeline Safety Requirements

by King & Spalding on

On January 23, 2017, the Pipeline and Hazardous Material Safety Administration (“PHMSA”) issued several revisions to its pipeline safety regulations, focusing in particular on reporting requirements for incident response....more

Energy Newsletter - January 2017

by King & Spalding on

LNG in Europe 2016/2017: An Overview of LNG Import Terminals in Europe - The increase in the supply of LNG to Europe in 2015 and the first half of 2016 was led by the UK and Italy, with other significant increases in...more

PHMSA Adjusts Incident Reporting in Response to Public Comment

by King & Spalding on

The Pipeline and Hazardous Material Safety Administration (PHMSA) recently revised submission requirements for incident reporting by operators of gas and hazardous liquid pipelines. While the December 27, 2016 notice appears...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

PHMSA Sets Safety Standards for Underground Gas Storage Facilities

by Morgan Lewis on

Operators of underground storage facilities will need to assess the operational safety of their facilities and document the implementation of safety solutions....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

PHMSA Issues Interim Final Rule on Underground Natural Gas Storage Safety - Incorporation of Industry Recommended Practices to...

by King & Spalding on

On December 14, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued an Interim Final Rule (IFR or Rule) addressing critical safety issues related to downhole facilities, including wells, wellbore...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

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