[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 82142-82145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32718]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2010-0373 (Notice No. 10-10)]


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 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 
February 28, 2011.

ADDRESSES: You may submit comments identified by the docket number 
(PHMSA-2010-0373) by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    <bullet> Fax: 1-202-493-2251.
    <bullet> 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.
    <bullet> 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://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 and 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: 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

[[Page 82143]]

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:
    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 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: 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. Also 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,

[[Page 82144]]

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 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: 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:
    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 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 requirement applies to shipments of: (1) A highway route-
controlled quantity of a Class 7 (radioactive) material; (2) more than 
25 kg (55 lbs) of a Division 1.1, 1.2, or 1.3 (explosive) material; (3) 
more than 1 L (1.06 qt) per package of a material poisonous by 
inhalation in hazard zone A; (4) a shipment of hazardous materials in a 
bulk packaging with a capacity equal to or greater than 13,248 L (3,500 
gal) for liquids or gases, or greater than 13.24 cubic meters (468 
cubic feet) for solids; (5) a shipment that requires placarding; and 
(6) select agents. Select agents are infectious substances identified 
by CDC as materials with the potential to have serious consequences for 
human health and safety if used illegitimately. 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 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 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

[[Page 82145]]

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 December 22, 2010.
Delmer F. Billings,
Acting Director, Standards and Rulemaking Division.
[FR Doc. 2010-32718 Filed 12-28-10; 8:45 am]
BILLING CODE 4910-60-P