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###### Department of Transportation

###### Pipeline and Hazardous Materials Safety Administration 

          - [Docket No. PHMSA-2010-0373 (Notice No. 11-2)] 

# AGENCY:

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

# ACTION:

Notice and request for comments.

# SUMMARY:

                        In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requests (ICR) abstracted below will be forwarded to the Office of Management and Budget (OMB) for review and comments. The ICRs describe the nature of the information collections and their expected burden. A                         **Federal Register**                         Notice with a 60-day comment period soliciting comments on these collections of information was published in the                         **Federal Register**                         on December 29, 2010 [75 FR 82142] under Docket No. PHMSA-2010-0373 (Notice No. 10-10).                     

# DATES:

Interested persons are invited to submit comments on or before April 29, 2011. 

# ADDRESSES:

                        Send comments regarding the burden estimate, including suggestions for reducing the burden, to the Office of Management and Budget (OMB),                         *Attention:*                         Desk Officer for PHMSA, 725 17th Street, NW., Washington, DC 20503. Comments are invited on: 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; the accuracy of the Department's estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and 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. A comment to OMB is most effective if OMB receives it within 30 days of publication.                     

# FOR FURTHER INFORMATION CONTACT:

Deborah Boothe or Steven Andrews, U.S. Department of Transportation, Office of Hazardous Materials Standards (PHH-10), 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 Federal agencies 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 parts 110, 171, 172, 173, 174, 177, 178, 179, and 180, 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) abstract of the information collection activity; (4) description of affected persons; (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 notice of the approval in the                     **Federal Register**                    .                 

PHMSA requests comments on the following information collections: 

*Title:*                     Requirements for Cargo Tanks.                 

*OMB Control Number:*                     2137-0014.                 

*Summary:*                     This information collection consolidates and describes the information collection provisions in parts 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, and cargo tank motor vehicle assemblers are required to be registered with DOT by furnishing information relative to their qualifications to perform the functions in accordance with the HMR. The registration statements are used to identify these persons in order for DOT to ensure that they possess the knowledge and skills necessary to perform the required functions and 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 are 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, and 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:*                     Periodically.                 

*Title:*                     Hazardous Materials Incident Reports.                 

*OMB Control Number:*                     2137-0039.                 

*Summary:*                     This collection is applicable upon occurrence of incidents as prescribed in §§ 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 § 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:*      ( print page 17749)    

                                         *Number of Respondents:*                     1,781.                 

                                         *Total Annual Responses:*                     17,810.                 

                                         *Total Annual Burden Hours:*                     23,746.                 

                                         *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 date(s) of shipments 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:*                     Flammable Cryogenic Liquids.                 

*OMB Control Number:*                     2137-0542.                 

*Summary:*                     Provisions in § 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:*

                                         *Total Respondents:*                     65.                 

                                         *Total Annual Responses:*                     18,200.                

*Total Annual Burden Hours:*                     1,213.                 

*Frequency of collection:*                     On occasion.                 

*Title:*                     Rail Carrier and Tank Car Tank Requirements.                 

*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 also is 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 § 173.31 must submit a progress report to the Federal Railroad Administration (FRA). This information is used by FRA 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 § 174.63. FRA uses this information to ensure that the bulk package is properly secured using an adequate restraint system during transportation. In addition, an FRA approval is 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 § 180.509 of the HMR. Rail carriers, users, and the 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 cars.                 

*Annual Reporting and Recordkeeping Burden:*

                                         *Number of Respondents:*                     266.                 

                                         *Total Annual Responses:*                     16,782.                 

                                         *Total Annual Burden Hours:*                     2,689.                 

                                         *Frequency of collection:*                     Annually.                 

*Title:*                     Container Certification Statement.                 

*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 ensure 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:*

                                         *Annual Respondents:*                     650.                 

                                         *Annual Responses:*                     890,000.                 

                                         *Annual Burden Hours:*                     14,908.                 

                                         *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                           ( print page 17750)                        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.                 

                    PHMSA received a consolidated comment from the American Trucking Associations (ATA), the Dangerous Goods Advisory Council (DGAC), and the Institute of Makers of Explosives (IME) pertaining to the renewal of this information collection in response to the 60-Day Notice published on December 29, 2010 [75 FR 82142]. The commenters to that notice: questioned the use of the statement of benefits provided by the Hazardous Materials Public Sector Training and Planning Grants program; asked PHMSA to provide greater program accountability; inquired about an investigation of the grants program; and urged PHMSA to ensure that the fees paid by the regulated community are used for eligible activities, and that the agency publically disclose this information. These comments are beyond the scope of this notice; however, PHMSA has forwarded the commenters' concerns to the appropriate program office and will evaluate the recommendations and consider program changes as necessary and appropriate. In addition, the commenters also urge PHMSA to seek renewal of this information collection in the future. As noted earlier in this notice, PHMSA is requesting a three-year term of approval for each information collection activity and, when approved by OMB, will publish notice of the approval in the                     **Federal Register**                    .                 

*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:*                     Response Plans for Shipments of Oil.                

*OMB Control Number:*                     2137-0591.                

*Summary:*                     In recent years, several major oil discharges have 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:*

*Annual Respondents:*                     8,000.                

*Annual Responses:*                     8,000.                

*Annual Burden Hours:*                     10,560.                

*Frequency of collection:*                     On occasion.                

*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 a person who offers or transports in commerce certain hazardous materials to develop and adhere to a transportation security plan to enhance the security of hazardous materials shipments. The security plan requirement applies to shipments of: (1) Any quantity of a Division 1.1, 1.2, or 1.3 material;                

(2) a quantity of a Division 1.4, 1.5, or 1.6 material requiring placarding in accordance with subpart F of part 172; (3) a large bulk quantity of Division 2.1 material; (4) a large bulk quantity of Division 2.2 material with a subsidiary hazard of 5.1; (5) any quantity of a material poisonous by inhalation, as defined in § 171.8 of this subchapter; (6) a large bulk quantity of a Class 3 material meeting the criteria for Packing Group I or II; (7) a quantity of desensitized explosives meeting the definition of Division 4.1 or Class 3 material requiring placarding in accordance with subpart F of part 172; (8) a large bulk quantity of a Division 4.2 material meeting the criteria for Packing Group I or II; (9) a quantity of a Division 4.3 material requiring placarding in accordance with subpart F of part 172; (10) a large bulk quantity of a Division 5.1 material in Packing Groups I and II; perchlorates; or ammonium nitrate, ammonium nitrate fertilizers, or ammonium nitrate emulsions, suspensions, or gels; (11) any quantity of organic peroxide, Type B, liquid or solid, temperature controlled; (12) A large bulk quantity of Division 6.1 material (for a material poisonous by inhalation; (13) a select agent or toxin regulated by the Centers for Disease Control and Prevention under 42 CFR part 73 or the United States Department of Agriculture under 9 CFR part 121; (14) a quantity of uranium hexafluoride requiring placarding under § 172.505(b); (15) International Atomic Energy Agency (IAEA) Code of Conduct Category 1 and 2 materials including Highway Route Controlled quantities as defined in 49 CFR 173.403 or known as radionuclides in forms listed as RAM-QC by the Nuclear Regulatory Commission; and (16) a large bulk quantity of Class 8 material meeting the criteria for Packing Group I. 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.                

*Title:*                     Inspection and Testing of Meter Provers.                

*OMB Control Number:*                     2137-0620.                

*Summary:*                     This information collection and recordkeeping burden is the result of efforts to eliminate special permits that are no longer needed and to incorporate the use, inspection, and maintenance of mechanical displacement meter provers (meter provers) used to check the accurate flow of liquid hazardous materials into bulk packagings, such as portable tanks and cargo tank motor vehicles, under the HMR. These meter provers are used to ensure that the proper amount of liquid hazardous materials is being loaded and unloaded involving bulk packagings, such as cargo tanks and portable tanks. These meter provers consist of a gauge and several pipes that always contain small amounts of the liquid hazardous material in the pipes as residual material, and, therefore, must be inspected and maintained in accordance with the HMR to ensure they are in proper calibration and working order. These meter provers are not subject to the specification testing and inspection requirements in part 178. However, these meter provers must be visually inspected annually and hydrostatic pressure tested every five years in order to ensure they are properly working as specified in § 173.5a of the HMR. Therefore, this information collection requires that:                

(1) Each meter prover must undergo and pass an external visual inspection annually to ensure that the meter provers used in the flow of liquid hazardous materials into bulk packagings are accurate and in conformance with the performance standards in the HMR.

                    (2) Each meter prover must undergo and pass a hydrostatic pressure test at least every five years to ensure that the meter provers used in the flow of liqiuid                           ( print page 17751)                        hazardous materials into bulk packagings are accurate and in conformance with the performance standards in the HMR.                

(3) Each meter prover must successfully complete the test and inspection and must be marked in accordance with § 180.415(b) and in accordance with § 173.5a.

(4) Each owner must retain a record of the most recent visual inspection and pressure test until the meter prover is requalified.

*Affected Public:*                     Owners of meter provers used to measure liquid hazardous materials flow into bulk packagings such as cargo tanks and portable tanks.                

*Annual Reporting and Recordkeeping Burden:*

*Number of Respondents:*                     50.                

*Total Annual Responses:*                     250.                

*Total Annual Burden Hours:*                     175.                

*Frequency of collection:*                     On occasion.                

*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.                

Issued in Washington, DC on March 24, 2011.

Charles E. Betts,

Director, Standards and Rulemaking Division.

[FR Doc. 2011-7410 Filed 3-29-11; 8:45 am]

BILLING CODE 4910-60-P