[Federal Register Volume 76, Number 61 (Wednesday, March 30, 2011)]
[Notices]
[Pages 17748-17751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7410]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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


Information Collection Activities

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

ACTION: Notice and request for comments.

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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 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:

[[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 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:
     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 Sec.  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 Sec.  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 Sec.  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

[[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 Sec.  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 Sec.  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 
Sec.  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

[[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 Sec.  180.415(b) and 
in accordance with Sec.  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