82 FR 18828 - Hazardous Materials: Information Collection Activities

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 82, Issue 76 (April 21, 2017)

In accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on 11 information collections pertaining to hazardous materials transportation for which PHMSA intends to request renewal from the Office of Management and Budget.

[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18828-18831]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08045]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2017-0018 (Notice No. 2017-01)]


Hazardous Materials: Information Collection Activities

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA 
invites comments on 11 information collections pertaining to hazardous 
materials transportation for which PHMSA intends to request renewal 
from the Office of Management and Budget.

DATES: Interested persons are invited to submit comments on or before 
June 20, 2017.

ADDRESSES: You may submit comments identified by the Docket Number 
PHMSA-2017-0018 (Notice No. 2017-01) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: To the Docket Management System; Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and 
Docket Number (PHMSA-2017-0018) for this notice at the beginning of the 
comment. To avoid duplication, please use only one of these four 
methods. All comments received will be posted without change to the 
Federal Docket Management System (FDMS) and will include any personal 
information you provide.
    Requests for a copy of an information collection should be directed 
to Steven Andrews or T. Glenn Foster, Standards and Rulemaking 
Division, (202) 366-8553, Pipeline and Hazardous Materials Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE., Washington, DC 20590-0001.
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov or DOT's Docket 
Operations Office (see ADDRESSES).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Steven Andrews or T. Glenn Foster, 
Standards and Rulemaking Division, (202) 366-8553, Pipeline and 
Hazardous Materials Safety Administration, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: Section 1320.8 (d), title 5, Code of Federal 
Regulations (CFR) 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 
information collection requests that PHMSA will be submitting to the 
Office of Management and Budget (OMB) for renewal and extension. These 
information collections are 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 collections were last approved. The 
following information is provided for each 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 3-year term of approval for each 
information collection activity and will publish a notice in the 
Federal Register upon OMB's approval.
    PHMSA requests comments on the following 11 information 
collections:
    1. Title: Hazardous Materials Security Plans.
    OMB Control Number: 2137-0612.
    Summary: To assure public safety, shippers and carriers must take 
reasonable measures to plan and implement procedures to prevent 
unauthorized persons from taking control of, or attacking, hazardous 
materials shipments. Part 172 of the HMR requires persons who offer or 
transport certain hazardous materials to develop and implement written 
plans to enhance the security of hazardous materials shipments. The 
security plan requirements as prescribed in Sec.  172.800(b) apply to 
specific types of shipments. Such shipments include but are not limited 
to: Shipments greater than 3,000 kg (6,614 pounds) for solids or 3,000 
liters (792 gallons) for liquids and gases in a single packaging such 
as a cargo tank motor vehicle, portable tank, tank car, or other bulk 
container; any quantity of a Division 1.1, 1.2, or 1.3 material; a 
large bulk quantity of a Division 2.1 material; or any quantity of a 
poison-by-inhalation material. A security plan will enable shippers and 
carriers to reduce the possibility that a hazardous materials shipment 
will be used as a weapon of opportunity by a terrorist or criminal.
    Affected Public: Shippers and carriers of hazardous materials in 
commerce.
    Annual Reporting and Recordkeeping Burden:

Number of Respondents: 54,999.
Total Annual Responses: 54,999.
Total Annual Burden Hours: 427,719.
Frequency of Collection: On occasion.

    2. Title: Rulemaking, Special Permits, and Preemption Requirements.
    OMB Control Number: 2137-0051.
    Summary: This collection of information applies to procedures for 
requesting changes, exceptions, and other determinations in relation to 
the HMR. Specific areas covered in this

[[Page 18829]]

information collection include part 105, subparts A and B, ``Hazardous 
Materials Program Definitions and General Procedures''; part 106, 
subpart B, ``Participating in the Rulemaking Process''; part 107, 
subpart B, ``Special Permits''; and part 107, subpart C, 
``Preemption.'' The Federal hazardous materials transportation law 
directs the Secretary of Transportation to prescribe regulations for 
the safe transportation of hazardous materials in commerce. PHMSA is 
authorized to accept petitions for rulemaking and appeals, as well as 
applications for special permits, preemption determinations, and 
waivers of preemption. The types of information collected include:
    (1) Petitions for Rulemaking: Any person may petition PHMSA to add, 
amend, or delete a regulation in parts 110, 130, 171 through 180, or 
may petition the Office of the Chief Counsel to add, amend, or delete a 
regulation in parts 105, 106, or 107. Petitions submitted to PHMSA are 
required to contain information as required by Sec.  106.100 of the 
HMR.
    (2) Appeals: Except as provided in Sec.  106.40(e), any person may 
submit an appeal to our actions in accordance with the Appeals 
procedures found in Sec. Sec.  106.110 through 106.130.
    (3) Applications for Special Permit: Any person applying for a 
special permit must include the citation of the specific regulation 
from which the applicant seeks relief; specification of the proposed 
mode or modes of transportation; detailed description of the proposed 
special permit (e.g., alternative packaging, test, procedure, or 
activity), including as appropriate, written descriptions, drawings, 
flow charts, plans and other supporting documents, etc.
    (4) Applications for Preemption Determination: With the exception 
of highway routing matters covered under 49 U.S.C. 5125(c), any person 
directly affected by any requirement of a State, political subdivision, 
or Indian tribe may apply to the Chief Counsel for a determination 
whether that requirement is preempted by Sec.  107.202(a), (b), or (c). 
The application must include the text of the State, political 
subdivision, or Indian tribe requirement for which the determination is 
sought; specify each requirement of the Federal hazardous materials 
transportation law, regulations issued under the Federal hazardous 
material transportation law, or hazardous material transportation 
security regulations or directives issued by the Secretary of Homeland 
Security with which the applicant seeks the State, political 
subdivision, or Indian tribe requirement to be compared; explain why 
the applicant believes the State, political subdivision, or Indian 
tribe requirement should or should not be preempted under the standards 
of Sec.  107.202; and state how the applicant is affected by the State, 
political subdivision, or Indian tribe requirement.
    (5) Waivers of Preemption: With the exception of requirements 
preempted under 49 U.S.C. 5125(c), any person may apply to the Chief 
Counsel for a waiver of preemption with respect to any requirement 
that: (1) The State, political subdivision thereof, or Indian tribe 
acknowledges to be preempted under the Federal hazardous materials 
transportation law, or (2) has been determined by a court of competent 
jurisdiction to be so preempted. The Chief Counsel may waive preemption 
with respect to such requirement upon a determination that such 
requirement affords an equal or greater level of protection to the 
public than is afforded by the requirements of the Federal hazardous 
materials transportation law or the regulations issued thereunder, and 
does not unreasonably burden commerce.
    The information collected under these application procedures is 
used in the review process by PHMSA in determining the merits of the 
petitions for rulemakings and for reconsideration of rulemakings, as 
well as applications for special permits, preemption determinations, 
and waivers of preemption to the HMR. The procedures governing these 
petitions for rulemaking and for reconsideration of rulemakings are 
covered in subpart B of part 106. Applications for special permits, 
preemption, determinations, and waivers of preemption are covered under 
subparts B and C of part 107. Rulemaking procedures enable PHMSA to 
determine if a rule change is necessary, is consistent with public 
interest, and maintains a level of safety equal to or superior to that 
of current regulations. Special permit procedures provide the 
information required for analytical purposes to determine if the 
requested relief provides for a comparable level of safety as provided 
by the HMR. Preemption procedures provide information for PHMSA to 
determine whether a requirement of a State, political subdivision, or 
Indian tribe is preempted under 49 U.S.C. 5125, or regulations issued 
thereunder, or whether a waiver of preemption should be issued.
    Affected Public: Shippers, carriers, packaging manufacturers, and 
other affected entities.
    Annual Reporting and Recordkeeping Burden:

Number of Respondents: 3,304
Total Annual Responses: 4,294
Total Annual Burden Hours: 4,899
Frequency of Collection: On occasion

    3. Title: Requirements for United Nations (UN) Cylinders.
    OMB Control Number: 2137-0621.
    Summary: This information collection and recordkeeping burden is 
the result of efforts to amend the HMR to adopt standards for the 
design, construction, maintenance, and use of cylinders and multiple-
element gas containers (MEGCs) based on the standards contained in the 
United Nations (UN) Recommendations on the Transport of Dangerous 
Goods. Aligning the HMR with the UN Recommendations promotes 
flexibility, permits the use of technological advances for the 
manufacture of the pressure receptacles, provides for a broader 
selection of pressure receptacles, reduces the need for special 
permits, and facilitates international commerce in the transportation 
of compressed gases. Information collection requirements address 
domestic and international manufacturers of cylinders that request 
approval by the approval agency for cylinder design types. The approval 
process for each cylinder design type includes review, filing, and 
recordkeeping of the approval application. The approval agency is 
required to maintain a set of the approved drawings and calculations 
for each design it reviews and a copy of each initial design type 
approval certificate approved by the Associate Administrator for not 
less than 20 years.
    Affected Public: Fillers, owners, users, and retesters of UN 
cylinders.
    Annual Reporting and Recordkeeping Burden:

Number of Respondents: 50
Total Annual Responses: 150
Total Annual Burden Hours: 900
Frequency of Collection: On occasion

    4. Title: Response Plans for Shipments of Oil.
    OMB Control Number: 2137-0591.
    Summary: In recent years, several major oil discharges damaged the 
marine environment of the United States. Under authority of the Federal 
Water Pollution Control Act, as amended by the Oil Pollution Act of 
1990, PHMSA issued regulations in 49 CFR part 130 that require 
preparation of written spill response plans.
    Affected Public: Carriers that transport oil in bulk, by motor 
vehicle or rail.
    Annual Reporting and Recordkeeping Burden:

Number of Respondents: 8,000
Total Annual Responses: 8,000

[[Page 18830]]

Total Annual Burden Hours: 10,560
Frequency of Collection: On occasion

    5. Title: Cargo Tank Specification Requirements.
    OMB Control Number: 2137-0014.
    Summary: This information collection consolidates and describes the 
information collection provisions in parts 107, 178, and 180 of the HMR 
involving the manufacture, qualification, maintenance, and use of all 
specification cargo tank motor vehicles. It also includes the 
information collection and recordkeeping requirements for persons who 
are engaged in the manufacture, assembly, requalification, and 
maintenance of DOT specification cargo tank motor vehicles. The types 
of information collected include:
    (1) Registration Statements: Cargo tank manufacturers and 
repairers, as well as cargo tank motor vehicle assemblers, are required 
to be registered with DOT and must furnish information relative to 
their qualifications to perform the functions in accordance with the 
HMR. DOT uses the registration statements to identify these persons to 
ensure they possess the knowledge and skills necessary to perform the 
required functions and that they are performing the specified functions 
in accordance with the applicable regulations.
    (2) Requalification and Maintenance Reports: These reports are 
prepared by persons who requalify or maintain cargo tanks. This 
information is used by cargo tank owners, operators and users, and DOT 
compliance personnel to verify that the cargo tanks are requalified, 
maintained, and in proper condition for the transportation of hazardous 
materials.
    (3) Manufacturers' Data Reports, Certificates, and Related Papers: 
These reports are prepared by cargo tank manufacturers and certifiers. 
They are used by cargo tank owners, operators, users, and DOT 
compliance personnel to verify that a cargo tank motor vehicle was 
designed and constructed to meet all requirements of the applicable 
specification.
    Affected Public: Manufacturers, assemblers, repairers, 
requalifiers, certifiers, and owners of cargo tanks.
    Annual Reporting and Recordkeeping Burden:

Number of Respondents: 41,366
Total Annual Responses: 132,600
Total Annual Burden Hours: 101,507
Frequency of Collection: On occasion

    6. Title: Container Certification Statements.
    OMB Control Number: 2137-0582.
    Summary: Shippers of explosives, in freight containers or transport 
vehicles by vessel, are required to certify on shipping documentation 
that the freight container or transport vehicle meets minimal 
structural serviceability requirements. This requirement is intended to 
ensure an adequate level of safety for transport of explosives aboard 
vessel and consistency with similar requirements in international 
standards.
    Affected Public: Shippers of explosives in freight containers or 
transport vehicles by vessel.
    Annual Reporting and Recordkeeping Burden:

Number of Respondents: 650
Total Annual Responses: 890,000
Total Annual Burden Hours: 14,908
Frequency of Collection: On occasion

    7. Title: Testing Requirements for Non-Bulk Packaging.
    OMB Control Number: 2137-0572
    Summary: This information collection consolidates and describes the 
information provisions in parts 173 and 180 of the HMR on the testing 
requirements for non-bulk packagings. This OMB control number covers 
performance-oriented packaging standards and allows packaging 
manufacturers and shippers more flexibility in selecting more 
economical packagings for their products. This information collection 
also allows customizing the design of packagings to better suit the 
transportation environment that they will encounter and encourages 
technological innovations, decreases packaging costs, and significantly 
reduces the need for special permits.
    Affected Public: Each non-bulk packaging manufacturer that tests 
packagings to ensure compliance with the HMR.
    Annual Reporting and Recordkeeping Burden:

Number of Respondents: 5,000
Total Annual Responses: 15,500
Total Annual Burden Hours: 32,500
Frequency of Collection: On occasion

    8. Title: Testing, Inspection, and Marking Requirements for 
Cylinders.
    OMB Control Number: 2137-0022
    Summary: Requirements in Sec.  173.301 for qualification, 
maintenance, and use of cylinders require that cylinders be 
periodically inspected and retested to ensure continuing compliance 
with packaging standards. Information collection requirements address 
registration of retesters and marking of cylinders by retesters with 
their identification number and retest date following the completion of 
required tests. Records showing the results of inspections and retests 
must be kept by the cylinder owner or designated agent until expiration 
of the retest period or until the cylinder is re-inspected or retested, 
whichever occurs first. These requirements are intended to ensure that 
retesters have the qualifications to perform tests and identify to 
cylinder fillers and users that cylinders are qualified for continuing 
use. Information collection requirements in Sec.  173.303 require that 
fillers of acetylene cylinders keep, for at least 30 days, a daily 
record of the representative pressure to which cylinders are filled.
    Affected Public: Fillers, owners, users, and retesters of reusable 
cylinders.
    Annual Reporting and Recordkeeping Burden:

Number of Respondents: 139,352
Total Annual Responses: 153,287
Total Annual Burden Hours: 171,462
Frequency of Collection: On occasion

    9. Title: Flammable Cryogenic Liquids.
    OMB Control Number: 2137-0542
    Summary: Provisions in Sec.  177.840(a)(2) specify certain safety 
procedures and documentation requirements for drivers of motor vehicles 
transporting flammable cryogenic liquids. This information allows the 
driver to take appropriate remedial actions to prevent a catastrophic 
release of the flammable cryogenics should the temperature of the 
material begin to rise excessively or if the travel time will exceed 
the safe travel time. These requirements are intended to ensure a high 
level of safety when transporting flammable cryogenics due to their 
extreme flammability and high compression ratio when in a liquid state.
    Affected Public: Carriers of cryogenic materials.
    Annual Reporting and Recordkeeping Burden:

Number of Respondents: 65
Total Annual Responses: 18,200
Total Annual Burden Hours: 1,213
Frequency of Collection: On occasion

    10. Title: Approval for Hazardous Materials.
    OMB Control Number: 2137-0557
    Summary: Without these requirements there is no means to: (1) 
Determine whether applicants who apply to become designated approval 
agencies are qualified to evaluate package design, test packages, 
classify hazardous materials, etc.; (2) verify that various containers 
and special loading requirements for vessels meet the requirements of 
the HMR; and (3) assure that regulated hazardous materials pose no 
danger to life and property during transportation.
    There are several approval provisions contained in the HMR and 
associated procedural regulations. Responses to

[[Page 18831]]

these collections of information are required to obtain benefits, such 
as becoming an approval or certification agency, or to obtain a 
variance from packaging or handling requirements based on information 
provided by the respondent. These benefits and variances involve areas, 
for example, such as UN third-party certification; authorization to 
examine and test lighters; authorization to examine and test 
explosives; and authorization to re-qualify DOT cylinders
    Affected Public: Business and other entities who must meet the 
approval requirements in the HMR.
    Annual Reporting and Recordkeeping Burden:

Number of Respondents: 10,723
Total Annual Responses: 11,074
Total Annual Burden Hours: 28,270
Frequency of Collection: On occasion

    11. Title: Rail Carrier and Tank Car Tanks Requirements, Rail Tank 
Car Tanks--Transportation of Hazardous Materials by Rail.
    OMB Control Number: 2137-0559
    Summary: This information collection consolidates and describes the 
information provisions in parts 172, 173, 174, 179, and 180 of the HMR 
on the transportation of hazardous materials by rail and the 
manufacture, qualification, maintenance, and use of tank cars. The 
types of information collected include:
    (1) Approvals of the Association of American Railroads (AAR) Tank 
Car Committee: An approval is required from the AAR Tank Car Committee 
for a tank car to be used for a commodity other than those specified in 
part 173 and on the certificate of construction. This information is 
used to ascertain whether a commodity is suitable for transportation in 
a tank car. AAR approval is also required for an application for 
approval of designs, materials and construction, conversion or 
alteration of tank car tanks constructed to a specification in part 
179, or an application for construction of tank cars to any new 
specification. This information is used to ensure that the design, 
construction, or modification of a tank car or the construction of a 
tank car to a new specification is performed in accordance with the 
applicable requirements.
    (2) Progress Reports: Each owner of a tank car that is required to 
be modified to meet certain requirements specified in Sec.  173.31 must 
submit a progress report to the Federal Railroad Administration (FRA). 
FRA uses this information to ensure that all affected tank cars are 
modified before the regulatory compliance date.
    (3) FRA Approvals: An approval is required from FRA to transport a 
bulk packaging (such as a portable tank, IM portable tank, intermediate 
bulk container, cargo tank, or multi-unit tank car tank) containing a 
hazardous material in container-on-flat-car or trailer-on-flat-car 
service other than as authorized by Sec.  174.63. FRA uses this 
information to ensure that the bulk package is properly secured using 
an adequate restraint system during transportation. An FRA approval is 
also required for the movement of any tank car that does not conform to 
the applicable requirements in the HMR. These latter movements are 
currently being reported under the information collection for special 
permit applications.
    (4) Manufacturer Reports and Certificate of Construction: These 
documents are prepared by tank car manufacturers and used by owners, 
users, and FRA personnel to verify that rail tank cars conform to the 
applicable specification.
    (5) Quality Assurance Program: Facilities that build, repair, and 
ensure the structural integrity of tank cars are required to develop 
and implement a quality assurance program. This information is used by 
the facility and DOT compliance personnel to ensure that each tank car 
is constructed or repaired in accordance with the applicable 
requirements.
    (6) Inspection Reports: A written report must be prepared and 
retained for each tank car that is inspected and tested in accordance 
with Sec.  180.509 of the HMR. Rail carriers, users, and FRA use this 
information to ensure that rail tank cars are properly maintained and 
in safe condition for transporting hazardous materials.
    Affected Public: Manufacturers, owners, and rail carriers of tank.
    Annual Reporting and Recordkeeping Burden:

Number of Respondents: 266
Total Annual Responses: 17,685
Total Annual Burden Hours: 2,834
Frequency of Collection: Annually

    Issued in Washington, DC, on April 17, 2017.
William S. Schoonover,
Associate Administrator of Hazard Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2017-08045 Filed 4-20-17; 8:45 am]
 BILLING CODE 4910-60-P