Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 6215 

and the 16 individuals specified in the 

two October 17, 2008 final disposition 

notices and the 13 individuals specified 

in October 31, 2008 final disposition 

notice. 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each renewal exemption will 

be valid for 2 years unless revoked 

earlier by FMCSA. The exemption will 

be revoked if: (1) The person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136 and 31315. 

Issued on: January 29, 2009 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–2437 Filed 2–4–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2009–0019 (Notice No. 

09–1)] 

Information Collection Activities 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice and request for 

comments. 

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). 

DATE: Interested persons are invited to 

submit comments on or before April 6, 

2009. 

ADDRESSES: You may submit comments 

identified by the docket number 

(PHMSA–2009–0019) 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:// 

www.regulations.gov including any 

personal information provided. 

Requests for a copy of an information 

collection should be directed to Deborah 

Boothe or T. Glenn Foster, Office of 

Hazardous Materials Standards (PHH– 

11), 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: 

Deborah Boothe or T. Glenn Foster, 

Office of Hazardous Materials Standards 

(PHH–11), 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 notice 

of the approval in the Federal Register. 

PHMSA requests comments on the 

following information collections: 

Title: Rulemaking, Special Permits, 

and Preemption Requirements. 

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 exemptions, 

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 Standards to add, 

amend, or delete a regulation in Parts 

110, 130, 171 through 180, or may 

petition the Office of the Chief Counsel 

to add, amend, or delete a regulation in 

Parts 105, 106 or 107. 

(2) Appeals: Except as provided in 

§ 106.40(e), any person may submit an 

appeal to our actions in accordance with 

the Appeals procedures found in 

§§ 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 § 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 


rwilkins on PROD1PC63 with NOTICES
6216 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 

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 

§ 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 

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. 

Recordkeeping: 

Number of Respondents: 3,304. 

Total Annual Responses: 4,294. 

Total Annual Burden Hours: 4,219. 

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. 

Recordkeeping: 

Number of Respondents: 3,817. 

Total Annual Responses: 21,519. 

Total Annual Burden Hours: 15,270. 

Frequency of collection: On occasion. 

Title: Subsidiary Hazard Class and 

Number/Type of Packagings. 

OMB Control Number: 2137–0613. 

Summary: The HMR require that 

shipping papers and emergency 

response information accompany each 

shipment of hazardous materials in 

commerce. In addition to the basic 

shipping description information, we 

also require the subsidiary hazard class 

or subsidiary division number(s) to be 

entered in parentheses following the 

primary hazard class or division number 

on shipping papers. This requirement 

was originally required only by 

transportation by vessel. However, the 

lack of such a requirement posed 

problems for motor carriers with regard 

to complying with segregation, 

separation, and placarding 

requirements, as well as posing a safety 

hazard. For example, in the event the 

motor vehicle becomes involved in an 

accident, when the hazardous materials 

being transported include a subsidiary 

hazard such as ‘‘dangerous when wet’’ 

or a subsidiary hazard requiring more 

stringent requirements than the primary 

hazard, there is no indication of the 

subsidiary hazards on the shipping 

papers and no indication of the 

subsidiary risks on placards. Under 

circumstances such as motor vehicles 

being loaded at a dock, labels are not 

enough to alert hazardous materials 

employees loading the vehicles, nor are 

they enough to alert emergency 

responders of the subsidiary risks 

contained on the vehicles. Therefore, we 

require the subsidiary hazard class or 

subsidiary division number(s) to be 

entered on the shipping paper, for 

purposes of enhancing safety and 

international harmonization. 

We also require the number and type 

of packagings to be indicated on the 

shipping paper. The requirement makes 

it mandatory for shippers to indicate on 

shipping papers the numbers and types 

of packages, such as drums, boxes, 

jerricans, etc., being used to transport 

hazardous materials by all modes of 

transportation. 

Shipping papers serve as a principal 

means of identifying hazardous 

materials during transportation 

emergencies. Firefighters, police, and 

other emergency response personnel are 

trained to obtain the DOT shipping 

papers and emergency response 

information when responding to 

hazardous materials transportation 

emergencies. The availability of 

accurate information concerning 

hazardous materials being transported 

significantly improves response efforts 

in these types of emergencies. The 

additional information would aid 

emergency responders by more clearly 

identifying the hazard. 

Affected Public: Shippers and carriers 

of hazardous materials in commerce. 

Recordkeeping: 

Number of Respondents: 250,000. 

Total Annual Responses: 6,337,500. 

Total Annual Burden Hours: 17,604. 

Frequency of Collection: On occasion. 

Issued in Washington, DC, on February 2, 

2009. 

Edward T. Mazzullo, 

Director, Office of Hazardous Materials 

Standards. 

[FR Doc. E9–2474 Filed 2–4–09; 8:45 am] 

BILLING CODE 4910–60–P 


rwilkins on PROD1PC63 with NOTICES