[Federal Register Volume 65, Number 115 (Wednesday, June 14, 2000)]
[Notices]
[Pages 37454-37456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14908]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

[Docket No. RSPA-2000-6944 (Notice No. 00-6)]


Reports, Forms and Recordkeeping Requirements Agency Information 
Collection Activity Under OMB Review

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the Information 
Collection Requests (ICRs) abstracted below have been 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. The Federal Register Notice with a 60-day comment period 
soliciting comments on the following collections of information was 
published on April 5, 2000, [17940-17943].

DATES: Comments must be submitted on or before July 14, 2000.

FOR FURTHER INFORMATION CONTACT: Deborah Boothe, Office of Hazardous 
Materials Standards (DHM-10), Research and Special Programs 
Administration, Room 8422, 400 Seventh Street, SW, Washington, DC 
20590-0001, Telephone (202) 366-8553.

SUPPLEMENTARY INFORMATION:
    Title: Rail Carriers and Tank Car Tanks Requirements.
    OMB Control Number: 2137-0559.
    Type of Request: Extension of a currently approved collection.
    Abstract: This information collection consolidates and describes 
the information collection provisions in parts 172, 173, 174, 179, and 
180 of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) 
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(b) 
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. RSPA proposed 
(September 30 1999; 64 FR 53169) to broaden this provision to include 
the movement of covered hopper cars, gondola cars, and other types of 
railroad equipment when they no longer conform to Federal law but may 
safely be moved to a repair location. These latter movements are 
currently being reported under the information collection for exemption 
applications.
    (4) Manufacturer Reports and Certificate of Construction: These 
documents are prepared by tank car manufacturers and are 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

[[Page 37455]]

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.
    Estimated Number of Respondents: 260.
    Estimated Number of Responses: 16,640.
    Annual Estimated Burden Hours: 2,759.
    Frequency of Collection: Annually.

    Title: Requirements for Cargo Tanks
    OMB Control Number: 2137-0014
    Type of Request: Extension of a currently approved collection.
    Abstract: 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. Also it 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 so that DOT can ensure 
that they have the knowledge and skills necessary to perform the 
required functions and that 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, 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.
    Estimated Number of Respondents: 41,366.
    Estimated Number of Responses: 132,600.
    Annual Estimated Burden Hours: 106,262.
    Frequency of Collection: Periodically.

    Title: Rulemaking, Exemption, and Preemption Requirements.
    OMB Control Number: 2137-0051.
    Type of Request: Extension of a currently approved collection.
    Abstract: This collection of information applies to rulemaking 
procedures regarding the HMR. Specific areas covered in this 
information collection include Part 106, Subpart B, ``Procedures for 
Adoption of Rules,'' Part 107, subpart B, ``Exemptions,'' 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. RSPA is authorized to accept petitions for rulemaking and for 
reconsideration of rulemakings, 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 Associate 
Administrator for Hazardous Materials Safety to establish, amend, or 
repeal a substantive regulation, or may petition the Chief Counsel to 
establish, amend, or repeal a procedural regulation in Part 106 or 107.
    (2) Petitions for Reconsideration: Except as provided in 
Sec. 106.39(d), any person may petition the Associate Administrator for 
reconsideration of any regulation issued under Part 106, or may 
petition the Chief Counsel for reconsideration of any procedural 
regulation issued under Part 106 and contained in Part 106 or 107.
    (3) Application for Exemption: Any person applying for an exemption 
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 exemption (e.g., 
alternative packaging, test procedure or activity), including written 
descriptions, drawings, flow charts, plans and other supporting 
documents, etc.
    (4) Application for Preemption Determination: Any person directly 
affected by any requirement of a State, political subdivision, or 
Indian tribe may apply for a determination whether that requirement is 
preempted under 49 U.S.C. 5125, or regulations issued thereunder. 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 material 
transportation law or the regulations issued thereunder with which the 
applicant seeks the State, political subdivision or Indian tribe 
requirement to be compared; explanation of 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 how 
the applicant is affected by the State or political subdivision or 
Indian tribe requirements.
    (5) Waivers of Preemption: With the exception of requirements 
preempted under 49 U.S.C. 5125(c), any person may apply to the 
Associate Administrator for a waiver of preemption with respect to any 
requirement that the State or political subdivision thereof or an 
Indian tribe acknowledges to be preempted under the Federal hazardous 
material transportation law or the regulations issued thereunder, or 
that has been determined by a court of competent jurisdiction to be so 
preempted. The Associate Administrator 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 requirement of the Federal hazardous material 
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 RSPA in determining the merits of the 
petitions for rulemakings and for reconsideration of rulemakings, as 
well as applications for exemptions, 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 A of Part 106. Applications for exemptions, 
preemption determinations and waivers of preemption are covered 
Subparts B and C of Part 107. Rulemaking procedures enable RSPA to 
determine if a rule change is necessary, is consistent with public 
interest, and maintains a level of safety equal to or superior to

[[Page 37456]]

that of current regulations. Exemption 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 RSPA 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.
    Estimated Number of Respondents: 3,304.
    Estimated Number of Responses: 4,294.
    Annual Estimated Burden Hours: 4,219.
    Frequency of Collection: Periodically.

    Title: Approvals for Hazardous Materials.
    OMB No.: 2137-0557.
    Type of Request: Revision of a currently approved collection.
    Abstract: This information collection consolidates and describes 
the information collection provisions in parts 107, 172,173, 174,176, 
and 178 regarding requirements for approvals for hazardous materials in 
the HMR. Responses to these information collection requirements are 
required to obtain benefits, such as to become an approval or 
certification agency or to obtain a variance from packaging or handling 
requirements based on information provided by the respondent. The types 
of information collected include: applications to become designated 
approval agencies, independent cylinder testing agencies, and foreign 
manufacturers of cylinders; applications for approval of 
classifications of new explosives; applications for safety 
determinations to the adequacy of old packagings for materials with 
special hazards; applications to allow the regulated public to use 
alternative packagings or test methods; etc. The information collected 
is used to:
    (1) Determine whether applicants who apply to become designated 
approval agencies are qualified to evaluate package design, test 
packages, classify hazardous materials, etc.;
    (2) Verify that various containers and special loading requirements 
for vessels meet the requirements of the HMR;
    (3) Assure that regulated hazardous materials pose no danger to 
life and property during transportation; and
    (4) Allow minor variations to regulatory requirements (as 
specifically authorized by regulation), based on information provided 
by respondents, without requiring the respondent to apply using less 
timely and more burdensome exemption procedures.
    Affected Public: Businesses and other entities who must meet the 
approval requirements in the HMR.
    Estimated Number of Respondents: 3,518.
    Estimated Number of Responses: 3,869.
    Annual Estimated Burden Hours: 18,381.
    Frequency of Collection: On occasion.

ADDRESSES: Send comments regarding the burden estimate, including 
suggestions for reducing the burden, to Office of Management and 
Budget, Attention: Desk Officer for RSPA, 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.

    Issued in Washington, DC on June 8, 2000.
Edward T. Mazzullo,
Director, Office of Hazardous Materials Standards.
[FR Doc. 00-14908 Filed 6-13-00; 8:45 am]
BILLING CODE 4910-60-P