SUPPLEMENTARY INFORMATION:

Title: Annual Tank Car Survey

OMB Control #: 2138-0047

Background: In accordance with the requirements of 44 U.S.C. Section 3506(c)(2)(A) (the Paperwork Reduction Act of 1995), this notice announces the intention of the BTS to request the Office of Management and Budget's (OMB's) extension of the currently approved information collection related to Section 7308 of the Fixing America's Surface Transportation Act (Pub. L. 114-94; the “FAST Act”). Specifically, Section 7308(c) of the FAST ACT directs the Secretary of Transportation to conduct a data collection of tank car facilities to obtain an estimate of tank cars projected to be modified or built to the new safer Department of Transportation (DOT) Specification 117 or 117R.

On December 4, 2015, President Barack Obama signed legislation entitled “Fixing America's Surface Transportation Act of 2015,” or the “FAST Act.” See Public Law 114-94. The FAST Act includes the “Hazardous Materials Transportation Safety Improvement Act of 2015” (see Sections 7001 through 7311) and instructs the Secretary of Transportation to make specific regulatory amendments to the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180), including requirements for certain persons to report the progress toward modifying rail tank cars used for the transportation of Class 3 flammable liquids in accordance with the timeline established in Section 7304 of the FAST Act.

In order to satisfy the FAST Act requirements, BTS has been conducting the data collection. BTS invites comments on its intention to continue collecting information from tank car retrofitting and manufacturing facilities on the planned and projected number of tank cars to be retrofitted or manufactured during the calendar year, annually. Any facility identified with the capacity to modify or build new tank cars to the 117 or 117R specification, as described in Section 7308(c) of the FAST Act will be included in the data collection identified in this notice and submit the results to the Bureau of Transportation Statistics (BTS) no later than 60 days upon request. Individual responses to the data collection will be kept confidential and a summary report of aggregate findings will be provided to:

(1) The Committee on Commerce, Science, and Transportation of the Senate; and

(2) The Committee on Transportation and Infrastructure of the House of Representatives.

In addition, this summary report will also be published to the BTS web page.

This notice is applicable to Section 7308(c) of the FAST Act which directs the Secretary to conduct an annual data collection of tank car shops to acquire projections of the number of tank cars to be built or manufactured to the new safer specifications. This includes those tank cars modified to the DOT Specification 117R, or equivalent, as well as any new tank cars built to the DOT Specification 117, or equivalent. Modified tank cars will include, but may not be limited to, those previously built to Specifications: DOT105, DOT109, DOT111, DOT112, DOT114, DOT115, and DOT120.

Additionally, per Executive Order 13868, issued on April 10, 2019, BTS will ask Tank Car shops certified to build DOT-113, capable of carrying liquified natural gas how many tank cars they anticipate building in the calendar year. This information will be kept confidential and a summary report of aggregate findings will be provided to the Pipeline and Hazardous Materials Administration.

Respondents: Across the nation there are approximately 400 tank car facilities that are currently registered or certified to build or modify tank cars. However, the majority of these do not have the capacity to modify or build to the 117 or 117R specifications or the 113 specification. It is estimated that, at most, 175 tank car shops possess the required capacity to build or modify to these new safer requirements.

Estimated Average Burden per Response: It is estimated that 175 facilities will provide one response each ( printed page 2031) to this request for information on an annual basis, and that it will take approximately 30 minutes to complete, including record keeping and reporting. This notice is intended to accurately account for the annual burden.

Estimated Total Annual Burden: The estimated burden is equal to 88 annual burden hours ( i.e., 175 responses per year x 0.5 hour per response). The total burden cost is estimated at $4,371 ( i.e., 88 burden hours x $49.67 per hour for a manager in Transportation, Storage, and Distribution).

Frequency: Annually.

Public Comments Invited: Interested parties are invited to send comments regarding any aspect of this information collection, including, but not limited to: (1) The necessity and utility of the information collection for the proper performance of the functions of the DOT; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, clarity and content of the collected information; and (4) ways to minimize the collection burden without reducing the quality of the collected information. Comments submitted in response to this notice will be summarized and/or included in the request for OMB's clearance of this information collection.

86 FR 2030