[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Notices]
[Pages 64049-64051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25105]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2013-0002 (Notice No. 13-14)]
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
invites comments on certain information collections pertaining to
hazardous materials transportation for which PHMSA intends to request
renewal from the Office of Management and Budget (OMB).
DATES: Interested persons are invited to submit comments on or before
December 24, 2013.
ADDRESSES: You may submit comments identified by the docket number
(PHMSA-2010-0223) by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: Docket Operations, 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 Docket Operations, 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 or Regulation Identification Number (RIN) for this
notice. Internet users may access comments received by DOT at: http://www.regulations.gov. Note that comments received will be posted without
change to: http://
[[Page 64050]]
www.regulations.gov including any personal information provided.
Requests for a copy of an information collection should be directed
to 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.
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
information collection requests that PHMSA will be submitting to 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 three-year term of approval for each 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 collections:
Title: Inspection and Testing of Portable Tanks and Intermediate
Bulk Containers
OMB Control Number: 2137-0018.
Summary: This information collection consolidates provisions for
documenting qualifications, inspections, tests, and approvals
pertaining to the manufacture and use of portable tanks and
intermediate bulk containers under various provisions of the HMR. It is
necessary to ascertain whether portable tanks and intermediate bulk
containers have been qualified, inspected, and retested in accordance
with the HMR. The information is used to verify that certain portable
tanks and intermediate bulk containers meet required performance
standards prior to their being authorized for use, and to document
periodic requalification and testing to ensure the packagings have not
deteriorated due to age or physical abuse to a degree that would render
them unsafe for the transportation of hazardous materials.
Affected Public: Manufacturers and owners of portable tanks and
intermediate bulk containers.
Annual Reporting and Recordkeeping Burden:
Number of Respondents: 8,770.
Total Annual Responses: 86,100.
Total Annual Burden Hours: 66,390.
Frequency of collection: On occasion.
Title: Rulemaking and Special Permit Petitions.
OMB Control Number: 2137-0051.
Summary: This collection of information applies to rulemaking
procedures regarding the HMR. Specific areas covered in this
information collection include Part 105, Subpart A and Subpart 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. We are
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 the Office of
Hazardous Materials Safety to add, amend, or delete a regulation in
Parts 110, 130, 171 through 180, or may petition the Office of Chief
Counsel to add, amend, or delete a regulation in Parts 105, 106 or 107.
(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) Application 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) Application 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 or 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 or political
subdivision or Indian tribe requirement to be compared; explain why the
applicant believes the State or 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 or
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 or political subdivision thereof or Indian tribe
acknowledges to be preempted under the Federal hazardous materials
transportation law, or (2) that 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
[[Page 64051]]
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
Title: Radioactive (RAM) Transportation Requirements.
OMB Control Number: 2137-0510.
Summary: This information collection consolidates and describes the
information collection provisions in the HMR involving the
transportation of radioactive materials in commerce. Information
collection requirements for RAM include: Shipper notification to
consignees of the dates of shipment of RAM; expected arrival; special
loading/unloading instructions; verification that shippers using
foreign-made packages hold a foreign competent authority certificate
and verification that the terms of the certificate are being followed
for RAM shipments being made into this country; and specific handling
instructions from shippers to carriers for fissile RAM, bulk shipments
of low specific activity RAM, and packages of RAM which emit high
levels of external radiation. These information collection requirements
help to establish that proper packages are used for the type of
radioactive material being transported; external radiation levels do
not exceed prescribed limits; and packages are handled appropriately
and delivered in a timely manner, so as to ensure the safety of the
general public, transport workers, and emergency responders.
Affected Public: Shippers and carriers of radioactive materials in
commerce.
Annual Reporting and Recordkeeping Burden:
Number of Respondents: 3,817
Total Annual Responses: 21,519
Total Annual Burden Hours: 15,270
Frequency of Collection: On occasion
Title: Hazardous Materials Public Sector Training and Planning
Grants.
OMB Control Number: 2137-0586.
Summary: Part 110 of 49 CFR sets forth the procedures for
reimbursable grants for public sector planning and training in support
of the emergency planning and training efforts of States, Indian
tribes, and local communities to manage hazardous materials
emergencies, particularly those involving transportation. Sections in
this part address information collection and recordkeeping with regard
to applying for grants, monitoring expenditures, and reporting and
requesting modifications.
Affected Public: State and local governments, Indian tribes.
Annual Reporting and Recordkeeping Burden:
Annual Respondents: 68
Annual Responses: 68
Annual Burden Hours: 5,290
Frequency of Collection: On occasion
Title: Cargo Tank Motor Vehicles in Liquefied Compressed Gas
Service.
OMB Control Number: 2137-0595.
Summary: These information collection and recordkeeping
requirements pertain to the manufacture, certification, inspection,
repair, maintenance, and operation of certain Department of
Transportation (DOT) specification and non-specification cargo tank
motor vehicles used to transport liquefied compressed gases. These
requirements are intended to ensure cargo tank motor vehicles used to
transport liquefied compressed gases are operated safely, and to
minimize the potential for catastrophic releases during unloading and
loading operations. They include: (1) Requirements for operators of
cargo tank motor vehicles in liquefied compressed gas service to
develop operating procedures applicable to unloading operations and
carry the operating procedures on each vehicle; (2) inspection,
maintenance, marking, and testing requirements for the cargo tank
discharge system, including delivery hose assemblies; and (3)
requirements for emergency discharge control equipment on certain cargo
tank motor vehicles transporting liquefied compressed gases that must
be installed and certified by a Registered Inspector.
Affected Public: Carriers in liquefied compressed gas service,
manufacturers and repairers.
Annual Reporting and Recordkeeping Burden:
Number of Respondents: 6,958
Total Annual Responses: 920,538
Total Annual Burden Hours: 200,914
Frequency of Collection: On occasion
Dated: October 21, 2013.
Charles E. Betts,
Director, Standards and Rulemaking Division.
[FR Doc. 2013-25105 Filed 10-24-13; 8:45 am]
BILLING CODE 4910-60-P