81 FR 60779 - Information Collection Activities

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 81, Issue 171 (September 2, 2016)

Page Range		60779-60780
FR Document		2016-21202

In accordance with the Paperwork Reduction Act of 1995, PHMSA issues this notice to announce that the Information Collection Requests (ICR) discussed below will be forwarded to the Office of Management and Budget (OMB) for renewal and extension. This ICR describes the nature of the information collection and its expected burden. On June 27, 2016 [81 FR 41648], PHMSA published a Federal Register notice with a 60-day comment period under Docket No. PHMSA-2016-0066 (Notice No. 2016-10) that solicited comments pertaining to this ICR. PHMSA did not receive any comments in response to the June 27, 2016 notice.

Federal Register, Volume 81 Issue 171 (Friday, September 2, 2016)

[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)]
[Notices]
[Pages 60779-60780]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21202]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2016-0066 (Notice No. 16-16)]


Information Collection Activities

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
Department of Transportation (DOT).

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA 
issues this notice to announce that the Information Collection Requests 
(ICR) discussed below will be forwarded to the Office of Management and 
Budget (OMB) for renewal and extension. This ICR describes the nature 
of the information collection and its expected burden. On June 27, 2016 
[81 FR 41648], PHMSA published a Federal Register notice with a 60-day 
comment period under Docket No. PHMSA-2016-0066 (Notice No. 2016-10) 
that solicited comments pertaining to this ICR. PHMSA did not receive 
any comments in response to the June 27, 2016 notice.

DATES: Interested persons are invited to submit comments on, or before 
October 3, 2016.

ADDRESSES: Send comments regarding the burden estimate, including 
suggestions for reducing the burden, by any of the following methods:
     Mail: Office of Information and Regulatory Affairs, Office 
of Management and Budget, Attention: Desk Officer for DOT-PHMSA, 725 
17th Street NW., Washington, DC 20503.

[[Page 60780]]

     Fax: 1-202-395-5806.
     Email: [email protected].
    Instructions: Comments should refer to the information collection 
by title and/or OMB Control Number.
    We invite comments on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Department, including whether the information will have practical 
utility; (2) the accuracy of the Department's estimate of the burden of 
the proposed information collection; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including the use of automated collection techniques or other forms of 
information technology.
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Steven Andrews or T. Glenn Foster, 
Standards and Rulemaking Division (PHH-12), Pipeline and Hazardous 
Materials Safety Administration, 1200 New Jersey Avenue SE., East 
Building, 2nd Floor, Washington, DC 20590-0001, Telephone (202) 366-
8553.

SUPPLEMENTARY INFORMATION: Section 1320.8 (d), title 5, Code of Federal 
Regulations requires PHMSA to provide interested members of the public 
and affected agencies an opportunity to comment on information 
collection and recordkeeping requests. This notice identifies an 
information collection request that PHMSA will be submitting to OMB for 
renewal and extension. This information collection is contained in 49 
CFR 171.6 of the Hazardous Materials Regulations (HMR; 49 CFR parts 
171-180). PHMSA has revised burden estimates, where appropriate, to 
reflect current reporting levels or adjustments based on changes in 
proposed or final rules published since the information collection was 
last approved. The following information is provided for the 
information collection: (1) Title of the information collection, 
including former title if a change is being made; (2) OMB control 
number; (3) summary of the information collection activity; (4) 
description of affected public; (5) estimate of total annual reporting 
and recordkeeping burden; and (6) frequency of collection. PHMSA will 
request a three-year term of approval for the information collection 
activity and, when approved by OMB, publish a notice of the approval in 
the Federal Register.
    PHMSA requests comments on the following information collection:
    Title: Hazardous Materials Incident Reports.
    OMB Control Number: 2137-0039.
    Summary: This collection is applicable upon occurrence of an 
incident as prescribed in Sec. Sec.  171.15 and 171.16. A Hazardous 
Materials Incident Report, DOT Form F 5800.1, must be completed by a 
person in physical possession of a hazardous material at the time a 
hazardous material incident occurs in transportation, such as a release 
of materials, serious accident, evacuation, or closure of a main 
artery. Incidents meeting criteria in Sec.  171.15 also require a 
telephonic report. This information collection enhances the 
Department's ability to evaluate the effectiveness of its regulatory 
program, determine the need for regulatory changes, and address 
emerging hazardous materials transportation safety issues. The 
requirements apply to all interstate and intrastate carriers engaged in 
the transportation of hazardous materials by rail, air, water, and 
highway.
    Affected Public: Shippers and carriers of hazardous materials.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 1,781.
    Total Annual Responses: 17,810.
    Total Annual Burden Hours: 23,746.
    Frequency of collection: On occasion.

    Issued in Washington, DC, on August 10, 2016, under authority 
delegated in 49 CFR part 107.
William S. Schoonover,
Acting Associate Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2016-21202 Filed 9-1-16; 8:45 am]
 BILLING CODE 4910-60-P

Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Notices 60779

The 2002 amendments and 2005 for a determination whether the Section 5125 contains express
reenactment of the preemption requirement is preempted. The preemption provisions, which PHMSA
provisions in 49 U.S.C. 5125 reaffirmed Secretary of Transportation has has implemented through its
Congress’s long-standing view that a delegated authority to PHMSA to make regulations.
single body of uniform Federal determinations of preemption, except
IV. Public Comments
regulations promotes safety (including for those concerning highway routing
security) in the transportation of (which have been delegated to the All comments should be directed to
hazardous materials. More than thirty Federal Motor Carrier Safety whether 49 U.S.C. 5125 preempts
years ago, when it was considering the Administration). 49 CFR 1.97(b). regulations of the State of California that
HMTA, the Senate Commerce Section 5125(d)(1) requires notice of prohibit an employer from requiring an
Committee ‘‘endorse[d] the principle of an application for a preemption employee to work during any
preemption in order to preclude a determination to be published in the mandatory meal or rest period.
multiplicity of State and local Federal Register. Following the receipt Comments should specifically address
regulations and the potential for varying and consideration of written comments, the preemption criteria discussed in
as well as conflicting regulations in the PHMSA publishes its determination in Part II above.
area of hazardous materials the Federal Register. See 49 CFR Issued in Washington, DC, on August 23,
transportation.’’ S. Rep. No. 1102, 93rd 107.209(c). A short period of time is 2016.
Cong. 2nd Sess. 37 (1974). When allowed for filing of petitions for Joseph Solomey,
Congress expanded the preemption reconsideration. 49 CFR 107.211. A
Senior Assistant Chief Counsel.
provisions in 1990, it specifically found: petition for judicial review of a final
preemption determination must be filed [FR Doc. 2016–21205 Filed 9–1–16; 8:45 am]
(3) many States and localities have enacted
laws and regulations which vary from in the United States Court of Appeals BILLING CODE 4910–60–P

Federal laws and regulations pertaining to for the District of Columbia or in the
the transportation of hazardous materials, Court of Appeals for the United States
thereby creating the potential for for the circuit in which the petitioner DEPARTMENT OF TRANSPORTATION
unreasonable hazards in other jurisdictions resides or has its principal place of
and confounding shippers and carriers which Pipeline and Hazardous Materials
business, within 60 days after the
attempt to comply with multiple and Safety Administration
determination becomes final. 49 U.S.C.
conflicting registration, permitting, routing,
notification, and other regulatory 5127(a). [Docket No. PHMSA–2016–0066 (Notice No.
Preemption determinations do not 16–16)]
requirements,
(4) because of the potential risks to life, address issues of preemption arising
property, and the environment posed by under the Commerce Clause, the Fifth Information Collection Activities
unintentional releases of hazardous Amendment or other provisions of the AGENCY: Pipeline and Hazardous
materials, consistency in laws and Constitution, or statutes other than the
regulations governing the transportation of
Materials Safety Administration
Federal hazardous material (PHMSA), Department of Transportation
hazardous materials is necessary and transportation law unless it is necessary
desirable, (DOT).
(5) in order to achieve greater uniformity
to do so in order to determine whether
ACTION: Notice and request for
and to promote the public health, welfare, a requirement is authorized by another
Federal law, or whether a fee is ‘‘fair’’ comments.
and safety at all levels, Federal standards for
regulating the transportation of hazardous within the meaning of 49 U.S.C. SUMMARY: In accordance with the
materials in intrastate, interstate, and foreign 5125(f)(1). A State, local or Indian tribe Paperwork Reduction Act of 1995,
commerce are necessary and desirable. requirement is not authorized by PHMSA issues this notice to announce
Public Law 101–615 § 2, 104 Stat. another Federal law merely because it is that the Information Collection Requests
3244. (In 1994, Congress revised, not preempted by another Federal (ICR) discussed below will be forwarded
codified and enacted the HMTA statute. Colorado Pub. Util. Comm’n v. to the Office of Management and Budget
‘‘without substantive change,’’ at 49 Harmon, above, 951 F.2d at 1581 n.10. (OMB) for renewal and extension. This
U.S.C. Chapter 51. Public Law 103–272, In making preemption determinations
ICR describes the nature of the
108 Stat. 745 (July 5, 1994).) A United under 49 U.S.C. 5125(d), PHMSA is
information collection and its expected
States Court of Appeals has found guided by the principles and policies set
burden. On June 27, 2016 [81 FR 41648],
uniformity was the ‘‘linchpin’’ in the forth in Executive Order No. 13132,
PHMSA published a Federal Register
design of the Federal laws governing the entitled ‘‘Federalism’’ (64 FR 43255
notice with a 60-day comment period
transportation of hazardous materials. (Aug. 10, 1999)), and the President’s
under Docket No. PHMSA–2016–0066
Colorado Pub. Util. Comm’n v. Harmon, May 20, 2009 memorandum on
(Notice No. 2016–10) that solicited
951 F.2d 1571, 1575 (10th Cir. 1991). ‘‘Preemption’’ (74 FR 24693 (May 22,
2009)). Section 4(a) of that Executive comments pertaining to this ICR.
III. Preemption Determinations Order authorizes preemption of State PHMSA did not receive any comments
laws only when a statute contains an in response to the June 27, 2016 notice.
Under 49 U.S.C. 5125(d)(1), any
express preemption provision, there is DATES: Interested persons are invited to
person (including a State, political
subdivision of a State, or Indian tribe) other clear evidence Congress intended submit comments on, or before October
directly affected by a requirement of a to preempt State law, or the exercise of 3, 2016.
State, political subdivision or tribe may State authority directly conflicts with ADDRESSES: Send comments regarding
the exercise of Federal authority. The the burden estimate, including
mstockstill on DSK3G9T082PROD with NOTICES

apply to the Secretary of Transportation
President’s May 20, 2009 memorandum suggestions for reducing the burden, by
transported and fees related to transporting sets forth the policy ‘‘that preemption of any of the following methods:
hazardous material. See 49 U.S.C. 5125(c) and (f). State law by executive departments and • Mail: Office of Information and
See also 49 CFR 171.1(f) which explains that a agencies should be undertaken only Regulatory Affairs, Office of
‘‘facility at which functions regulated under the
HMR are performed may be subject to applicable
with full consideration of the legitimate Management and Budget, Attention:
laws and regulations of state and local governments prerogatives of the States and with a Desk Officer for DOT–PHMSA, 725 17th
and Indian tribes.’’ sufficient legal basis for preemption.’’ Street NW., Washington, DC 20503.

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60780 Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Notices

• Fax: 1–202–395–5806. PHMSA requests comments on the the MDIAC assist the OCC in assessing
• Email: OIRA_Submission@ following information collection: the needs and challenges facing mutual
omb.eop.gov. Title: Hazardous Materials Incident savings associations and minority
Instructions: Comments should refer Reports. depository institutions, respectively.
to the information collection by title OMB Control Number: 2137–0039. The OCC is seeking nominations of
and/or OMB Control Number. Summary: This collection is individuals who are officers and/or
We invite comments on: (1) Whether applicable upon occurrence of an directors of federal mutual savings
the proposed collection of information incident as prescribed in §§ 171.15 and associations, or officers and/or directors
is necessary for the proper performance 171.16. A Hazardous Materials Incident of federal stock savings associations that
of the functions of the Department, Report, DOT Form F 5800.1, must be are part of a mutual holding company
including whether the information will completed by a person in physical structure, to be considered for selection
have practical utility; (2) the accuracy of possession of a hazardous material at as MSAAC members. The OCC also is
the Department’s estimate of the burden the time a hazardous material incident seeking nominations of individuals who
of the proposed information collection; occurs in transportation, such as a are officers and/or directors of OCC-
(3) ways to enhance the quality, utility, release of materials, serious accident, regulated minority depository
and clarity of the information to be evacuation, or closure of a main artery. institutions, or officers and/or directors
Incidents meeting criteria in § 171.15 of other OCC-regulated depository
collected; and (4) ways to minimize the
also require a telephonic report. This institutions with a commitment to
burden of the collection of information
information collection enhances the supporting minority depository
on respondents, including the use of
Department’s ability to evaluate the institutions, to be considered for
automated collection techniques or
effectiveness of its regulatory program, selection as MDIAC members.
other forms of information technology.
determine the need for regulatory DATES: Nominations must be received
Docket: For access to the dockets to
changes, and address emerging on or before October 7, 2016.
read background documents or
comments received, go to http:// hazardous materials transportation ADDRESSES: Nominations of MSAAC
www.regulations.gov. safety issues. The requirements apply to members should be sent to
all interstate and intrastate carriers msaac.nominations@occ.treas.gov or
FOR FURTHER INFORMATION CONTACT: engaged in the transportation of mailed to: Michael R. Brickman, Deputy
Steven Andrews or T. Glenn Foster, hazardous materials by rail, air, water, Comptroller for Thrift Supervision, 400
Standards and Rulemaking Division and highway. 7th Street SW., Washington, DC 20219.
(PHH–12), Pipeline and Hazardous Affected Public: Shippers and carriers Nominations of MDIAC members
Materials Safety Administration, 1200 of hazardous materials. should be sent to mdiac.nominations@
New Jersey Avenue SE., East Building, Annual Reporting and Recordkeeping occ.treas.gov or mailed to: Beverly F.
2nd Floor, Washington, DC 20590–0001, Burden: Cole, Deputy Comptroller for
Telephone (202) 366–8553. Number of Respondents: 1,781. Compliance Supervision, 400 7th Street
SUPPLEMENTARY INFORMATION: Section Total Annual Responses: 17,810. SW., Washington, DC 20219.
1320.8 (d), title 5, Code of Federal Total Annual Burden Hours: 23,746. FOR FURTHER INFORMATION CONTACT:
Regulations requires PHMSA to provide Frequency of collection: On occasion. About the MSAAC, Michael R.
interested members of the public and Issued in Washington, DC, on August 10, Brickman, Deputy Comptroller for Thrift
affected agencies an opportunity to 2016, under authority delegated in 49 CFR Supervision, 400 7th Street SW.,
comment on information collection and part 107. Washington, DC 20219; (202) 649–6450;
recordkeeping requests. This notice William S. Schoonover, msaac.nominations@occ.treas.gov.
identifies an information collection Acting Associate Administrator, Pipeline and About the MDIAC, Beverly F. Cole,
request that PHMSA will be submitting Hazardous Materials Safety Administration. Deputy Comptroller for Compliance
to OMB for renewal and extension. This [FR Doc. 2016–21202 Filed 9–1–16; 8:45 am] Supervision, 400 7th Street SW.,
information collection is contained in BILLING CODE 4910–60–P
Washington, DC 20219; (202) 649–5688;
49 CFR 171.6 of the Hazardous email: mdiac.nominations@
Materials Regulations (HMR; 49 CFR occ.treas.gov.
parts 171–180). PHMSA has revised DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: The
burden estimates, where appropriate, to MSAAC and the MDIAC will be
reflect current reporting levels or Office of the Comptroller of the administered in accordance with the
adjustments based on changes in Currency Federal Advisory Committee Act, 5
proposed or final rules published since U.S.C. App. 2. The MSAAC will advise
the information collection was last [Docket ID: OCC–2016–0023] the OCC on ways to meet the goals
approved. The following information is established by section 5(a) of the Home
Mutual Savings Association Advisory
provided for the information collection: Owners’ Loan Act, 12 U.S.C. 1464. The
Committee and Minority Depository
(1) Title of the information collection, Committee will advise the OCC with
Institutions Advisory Committee
including former title if a change is regard to mutual savings associations on
being made; (2) OMB control number; AGENCY: Office of the Comptroller of the means to: (1) Provide for the
(3) summary of the information Currency, Department of the Treasury organization, incorporation,
collection activity; (4) description of (OCC). examination, operation and regulation
affected public; (5) estimate of total of associations to be known as federal
mstockstill on DSK3G9T082PROD with NOTICES

ACTION: Request for nominations.
annual reporting and recordkeeping savings associations (including federal
burden; and (6) frequency of collection. SUMMARY: The OCC is seeking savings banks); and (2) issue charters
PHMSA will request a three-year term of nominations for members of the Mutual therefore, giving primary consideration
approval for the information collection Savings Association Advisory of the best practices of thrift institutions
activity and, when approved by OMB, Committee (MSAAC) and the Minority in the United States. The MSAAC will
publish a notice of the approval in the Depository Institutions Advisory help meet those goals by providing the
Federal Register. Committee (MDIAC). The MSAAC and OCC with informed advice and

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Document Created: 2018-02-09 11:56:02
Document Modified: 2018-02-09 11:56:02

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice and request for comments.
Dates		Interested persons are invited to submit comments on, or before October 3, 2016.
Contact		Steven Andrews or T. Glenn Foster, Standards and Rulemaking Division (PHH-12), Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., East Building, 2nd Floor, Washington, DC 20590-0001, Telephone (202) 366- 8553.
FR Citation		81 FR 60779

81 FR 60779 - Information Collection Activities

DEPARTMENT OF TRANSPORTATIONPipeline and Hazardous Materials Safety Administration

Federal Register Volume 81, Issue 171 (September 2, 2016)

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration