[Federal Register Volume 89, Number 216 (Thursday, November 7, 2024)]
[Notices]
[Pages 88346-88349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25875]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2024-0041 (Notice No. 2024-13)]


Hazardous Materials: Information Collection Activities

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA 
is publishing a 60-day supplemental notice and providing an additional 
opportunity for public comment on its development of general 
investigative questions that may be used by PHMSA's Office of Hazardous 
Materials Safety (OHMS) field operations personnel when investigating 
potential general safety issues. These questions are intended to 
facilitate fact-gathering efforts during general investigations related 
to PHMSA's safety oversight responsibilities. Answering these questions 
would be voluntary and not impose any new reporting or recordkeeping 
requirements on regulated entities. Rather, the goal is to develop a 
pool of questions that can be tailored as appropriate based on the 
specific circumstances of a general investigation that is not related 
to the inspection of an individual company or entity for compliance 
with the hazardous materials regulations.

DATES: Interested persons are invited to submit comments on or before 
January 6, 2025.

ADDRESSES: You may submit comments identified by the Docket Number 
PHMSA-2024-0041 (Notice No. 2024-13) by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 1-202-493-2251.
    <bullet> Mail: Docket Management System; 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 the Docket Management System; 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 (PHMSA-2024-0041) for this notice at the beginning of the 
comment. To avoid duplication, please use only one of these four 
methods. All comments received will be posted without change to the 
Federal Docket Management System (FDMS) and will include any personal 
information you provide.
    Requests for a copy of an information collection should be directed 
to Steven Andrews or Nina Vore, Standards and Rulemaking Division, 
(202) 366-8553, <a href="/cdn-cgi/l/email-protection#67080f0a141715062703081349000811"><span class="__cf_email__" data-cfemail="17787f7a646765765773786339707861">[email protected]</span></a>, Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov or DOT's Docket 
Operations Office (see ADDRESSES).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Confidential Business Information: Confidential Business 
Information (CBI) is commercial or financial information that is both 
customarily and actually treated as private by its owner. Under the 
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from 
public disclosure. If your comments responsive to this notice contain 
commercial or financial information that is customarily treated as 
private, that you actually treat as private, and that is relevant or 
responsive to this notice, it is important that you clearly designate 
the submitted comments as CBI. Please mark each page of your submission 
containing CBI as ``PROPIN.'' PHMSA will treat such marked submissions 
as confidential under the FOIA, and they will not be placed in the 
public docket of this notice. Submissions containing CBI should be sent 
to Steven Andrews or Nina Vore, Standards and Rulemaking Division and 
addressed to the Pipeline and Hazardous Materials Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001 or <a href="/cdn-cgi/l/email-protection#0e6166637d7e7c6f4e6a617a20696178"><span class="__cf_email__" data-cfemail="85eaede8f6f5f7e4c5e1eaf1abe2eaf3">[email protected]</span></a>. Any commentary 
that PHMSA receives which is not specifically designated as CBI will be 
placed in the public docket for this notice.

FOR FURTHER INFORMATION CONTACT: Steven Andrews or Nina Vore, Standards 
and Rulemaking Division, (202) 366-8553, <a href="/cdn-cgi/l/email-protection#8ae5e2e7f9faf8ebcaeee5fea4ede5fc"><span class="__cf_email__" data-cfemail="8be4e3e6f8fbf9eacbefe4ffa5ece4fd">[email protected]</span></a>, Pipeline and 
Hazardous Materials Safety Administration, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

[[Page 88347]]

I. Background

A. Initial 60-Day Notice

    On June 12, 2024,\1\ PHMSA published a 60-day notice to give the 
public the opportunity to comment on an information collection request 
seeking approval from the Office of Management and Budget (OMB) for a 
list of general investigation questions. PHMSA received seven (7) sets 
of comments from six (6) commenters on the 60-day notice. PHMSA is 
publishing this supplemental 60-day notice to address stakeholder 
comments (received from the initial 60-day notice), revise certain 
questions below based on feedback received, and clarify the intent of 
the information collection request. Specifically, PHMSA received 
comments from the following entities:
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    \1\ 89 FR 50045 (Jun. 12, 2024)

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             Commenter name                         Docket No.
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Airline Pilots Association (ALPA)......  https://www.regulations.gov/comment/PHMSA-2024-0041-0008.
Council on Safe Transportation of        https://www.regulations.gov/
 Hazardous Articles (COSTHA).             comment/PHMSA-2024-0041-0005.
Dangerous Goods Advisory Council (DGAC)  https://www.regulations.gov/comment/PHMSA-2024-0041-0002.
                                         https://www.regulations.gov/comment/PHMSA-2024-0041-0003.
Household & Commercial Products          https://www.regulations.gov/
 Association (HCPA).                      comment/PHMSA-2024-0041-0007.
International Vessel Operators           https://www.regulations.gov/
 Dangerous Goods Association (IVODGA).    comment/PHMSA-2024-0041-0006.
Smart TD...............................  https://www.regulations.gov/comment/PHMSA-2024-0041-0004.
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B. Response to Comments

    ALPA provided comments suggesting that PHMSA should include 
questions about the adoption of a Safety Management System (SMS) and 
Safety Risk Assessment (SRA). COSTHA and IVODGA emphasized that some of 
the proposed questions might be beyond the shipper's operational scope, 
potentially asking for information outside the shipper's expertise, or 
lacking in clarity regarding the information sought by PHMSA. COSTHA 
and IVODGA also provided comments and proposed edits to the individual 
general investigation questions. DGAC expressed concerns that the 
general investigation questions lacked specificity and clarity in 
identifying the information PHMSA aims to collect to address safety 
issues. However, after receiving clarification from PHMSA on the intent 
of the information collection request, DGAC expressed willingness to 
review and comment on a supplemental notice. HCPA stated that PHMSA did 
not specify the selection criteria for respondents or how they should 
respond and questioned the relevance of the questions to 
investigations. HCPA also questioned PHMSA's assertion that there is no 
`burden cost' associated with this information collection request. 
Lastly, Smart TD expressed support for a streamlined inspection and 
standardized investigation process.
    In this 60-day supplemental notice, PHMSA is reaffirming that the 
questions outlined in this information collection request are intended 
to be used to engage in voluntary discussions with stakeholders 
regarding important safety issues that are not related to any specific 
inspection or enforcement actions. The purpose of this information 
collection request is to allow PHMSA to engage with our stakeholders on 
a voluntary basis to discuss potential safety issues across a 
particular industry sector (e.g., the transportation of hazardous 
materials by vessel, etc.) or process (e.g., the production of organic 
peroxides, etc.). Compliance with the Paperwork Reduction Act (PRA) is 
required even if an information collection request is voluntary. One 
example of a scenario where PHMSA might use these general investigation 
questions is when there are unexplained incidents on vessels suspected 
of involving the transportation of hazardous materials. Having a list 
of pre-approved questions would enable PHMSA to proactively engage with 
the shippers associated with those vessels, and still comply with PRA 
requirements. Information obtained from this outreach could assist 
PHMSA in identifying potential actions to help safeguard the operators 
of these vessels.
    PHMSA is also clarifying that the questions presented in this 
information collection request are not intended to be used by field 
operations staff when conducting routine investigations or inspections 
of individual companies for compliance with the Hazardous Materials 
Regulations (HMR; 49 CFR parts 171 through 180). Questions involving 
inspections and investigations used to determine compliance with the 
HMR are not subject to the PRA (see 5 CFR 1320.4). This exception to 
the PRA excludes information collected in response to, among other 
things, a federal civil action or ``during the conduct of an 
administrative action, investigation, or audit involving an agency 
against specific individuals or entities.''
    Finally, in this 60-day supplemental notice PHMSA has reviewed and 
revised--where appropriate--the questions that are part of this 
information collection request based on internal review and comments 
received to the initial 60-day notice. PHMSA is also clarifying the 
HCPA comment on ``burden cost,'' explaining that this term refers to 
the upfront capital costs the public incurs to comply with a Federal 
information collection request. This includes expenses for equipment, 
software, or other resources necessary to fulfill the requirements of 
an information collection request. As the responses to the questions 
outlined in this information collection request are voluntary and 
simply involve answering questions presented, there are no upfront 
capital costs associated with this information collection request. In 
this 60-day supplemental notice, PHMSA is proposing a maximum number of 
respondents, responses, and burden hours associated with this 
information collection request. PHMSA may reach out to respondents via 
telephone or email to voluntarily request answers to relevant questions 
mentioned in this notice.

C. Summary of Revised Questions in This 60-Day Supplemental Notice

    PHMSA received comments from ALPA, COSTHA, HCPA, and IVODGA 
suggesting revisions to the questions in the initial 60-day notice. 
ALPA proposed adding air-related questions to the safety section, 
focusing on Safety Risk Assessment (SRA) and mitigating the risks 
associated with transporting hazardous materials by air. Both COSTHA 
and IVODGA provided comments suggesting revisions to the individual 
questions in the initial 60-day notice. Examples of these revisions 
included inquiring about the elements of a security plan, clarifying a 
question about validation processes, and specifying what PHMSA means by

[[Page 88348]]

``entities.'' Lastly, HCPA suggested replacing the word ``see'' in the 
list of questions with ``ships or receives.''
    In response to comments from ALPA, PHMSA has added questions on 
SRAs and mitigating the risk of transporting hazardous materials by air 
to this 60-day supplemental notice. PHMSA has also revised questions 
based on input received from COSTHA and IVODGA to account for multiple 
incidents, inquire about elements of a security plan, and clarify a 
question about validating processes. PHMSA has chosen to retain the 
current terminology for ``entities,'' as it offers a comprehensive 
framework that ensures inclusivity and broad applicability. In response 
to the HCPA comment, PHMSA has in this 60-day supplemental notice 
replaced the word ``see'' with ``ships or receives'' to provide greater 
clarity to these questions. Additionally, in this 60-day supplemental 
notice PHMSA has included a question at the end of each section to 
allow entities being questioned to provide any additional information 
that may help identify the circumstances of the safety issue. Finally, 
in this 60-day supplemental notice PHMSA has also revised the 
registration question to ask about both PHMSA and Federal Motor Carrier 
Safety Administration (FMCSA) registration.

D. Supplementary Information

    The PRA requires Federal agencies to minimize paperwork burden on 
regulated entities and receive approval from OMB for any information 
collection requirements.
    The development of these general investigation questions does not 
directly impose any new information collection requirements on the 
regulated community. PHMSA is seeking comments on the information 
collection burden of proposed general questions that agency 
investigators may use during general safety investigations. These 
voluntary questions would be designed to gather information about 
potential safety issues without imposing significant new information 
collection burdens on the public.
    The use of such general investigation questions would allow the 
agency to carry out its statutory responsibilities to protect public 
safety while minimizing the paperwork burden on regulated entities. 
These questions would not require entities to provide specific reports 
or maintain additional records, but would simply facilitate the 
gathering of relevant facts during general safety investigations not 
associated with determining compliance with the HMR for a specific 
entity. The agency intends to develop a pool of questions that could be 
tailored as needed based on the specific circumstances of each general 
safety investigation. Examples may include questions about general 
industry operating procedures, training practices, incident reporting, 
hazard analysis, and other safety-related topics. No new data 
collection instruments or generalized surveys are proposed at this 
time.
    This notice outlines PHMSA's intent to develop general 
investigation questions focused on safety that can be tailored as 
needed. It clarifies that no new reporting requirements or 
recordkeeping burdens are being imposed through this process. The 
notice demonstrates how this effort is meant to facilitate the agency's 
enforcement responsibilities while minimizing paperwork impacts, which 
can support compliance with the PRA.
    Section 1320.8(d), title 5, Code of Federal Regulations (CFR) 
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 an information 
collection request PHMSA will be submitting to OMB.

II. General Investigation Questions To Be Submitted to OMB for Approval

    Listed below are the general investigation questions that PHMSA 
plans to submit to OMB for approval:

1. Introduction Questions

    a. What are your typical operations? Can you provide a general 
overview?
    b. To the best of your knowledge, was a hazardous material involved 
in your operations?
    c. If yes, please provide the proper shipping name.
    d. Is there any other information you would like to share on this 
topic?

2. General Hazardous Materials (Hazmat) Information

    a. Can you describe the hazardous materials in transportation you 
normally ship or receive?
    i. How often do you ship or receive them?
    ii. Are you shipping them?
    iii. Are you storing them?
    iv. Is there any other information you would like to share on this 
topic?
    b. Are there any specific requirements for the condition of the 
hazardous material that must be followed before the identified material 
is transported?
    c. Have these conditions been verified? If so, what was the method 
used?
    d. Are there modal-specific (rail/air/vessel/highway) requirements 
for this hazardous material that you follow? If so, what are they?
    e. Do the carriers accepting your hazardous material have any 
concerns/special accommodations when receiving your hazardous material?
    f. Do shipping agents (e.g., insurance companies, shippers, freight 
forwarders, etc.) have specific requirements when accepting your 
hazardous material?
    g. Which hazard class(es) of hazardous materials in transportation 
do you routinely ship or receive?
    h. Is there any other information related to the hazardous 
materials that you ship and/or receive that you would like to share?

3. Hazardous Material Training

    a. Which employees/departments are trained to be able to handle 
this hazardous material?
    b. Who conducts this training?
    c. When was the last time training was provided?
    d. How do you determine who needs training?
    e. Is there any other information you would like to share on this 
topic?

4. Safety

    a. What have you or your industry done to mitigate risk around the 
hazardous material involved in the incident?
    b. What solutions have been found to be helpful during hazardous 
materials incidents?
    c. How would you handle a hazardous material found to be damaged or 
not properly packaged?
    d. Are there any special requirements in place or instructions when 
hazardous materials are present?
    e. Do you implement a Safety Management System (SMS) at your 
facility?
    f. Do you implement a Safety Risk Assessment (SRA) at your 
facility? For example, for items being transported in the cargo 
compartment of an aircraft, do you implement the recommendations found 
in Advisory Circular 120-121 ``Safety Risk Management Involving Items 
in Aircraft Cargo Compartments'' published September 1, 2021?
    g. What have you or your industry done to mitigate risk around the 
hazardous material being shipped?
    h. Is there any other information you would like to share on this 
topic?

5. Emergencies/Incidents

    a. Do you have the means to contain the hazardous material if there 
is an accident or an incident?
    b. What remediation companies are potentially contracted at this 
location or by this company?

[[Page 88349]]

    c. Does your operation require a hazmat security plan? If so, what 
elements of a security plan are implemented?
    d. Is there any other information you would like to share on this 
topic?

6. Industry Process/SOPs

    a. What other companies are you utilizing when transporting 
hazardous materials? Can you offer a point of contact to gather 
information about this company's transportation of this hazardous 
material (or materials)?
    b. What are the locations of your hazardous materials operations?
    c. Can you share the Standard Operation Procedures (SOP) for the 
handling of hazardous materials at your company?
    d. Are you familiar with registration requirements?
    e. Are you required to obtain a PHMSA or Federal Motor Carrier 
Safety Administration (FMCSA) registration?
    f. Who signs and prepares shipping papers?
    g. Do you transport any hazardous materials in compliance with an 
approval or special permit?
    h. Do you have any type of validation process that confirms 
compliance with the HMR prior to making hazardous material shipments?
    i. Is there any other information you would like to share on this 
topic?

7. Carriers/Shippers/Testers/Manufacturers

    a. Do you manufacture any hazardous material packaging?
    b. Are any other entities involved with the preparation, handling, 
or transportation of hazardous materials?
    c. Is there any other information you would like to share on this 
topic?

8. Packaging

    a. Where do you purchase hazardous materials packaging?
    b. Is the product loaded at any specific temperature/pressure?
    c. What types of packaging do you routinely ship or receive for 
hazardous materials transportation? Including bulk, non-bulk, and/or 
cylinders.
    d. At what interval are you having the package tested? Who performs 
this function? Are there records?
    e. How are you closing the packages? Which tools or other equipment 
are used?
    f. Is there any other information you would like to share on this 
topic?

III. Data

    The estimated reporting burdens associated with this information 
collection are as follows:
    OMB Control Number: None.
    Form Number: None.
    Type of Review: Regular submission.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 1,000.
    Estimated Number or Responses: 1,000.
    Estimated Time per Response: 30 minutes. Information will be 
collected on a voluntary basis to address potential safety issues 
identified by PHMSA investigators.
    Estimated Total Annual Burden Hours: 500.
    Estimated Burden Cost: $0.

IV. Request for Comments to This 60-Day Supplemental Notice

    Comments are invited on: (1) whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (2) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(3) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (4) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this 60-day supplemental notice 
will be summarized and/or included in the request for OMB approval of 
this information collection; they also will become a matter of public 
record.

    Issued in Washington, DC on November 4, 2024, under authority 
delegated in 49 CFR 1.97.
Alexander Ronald Wolcott,
Acting Chief, Regulatory Review and Reinvention Branch, Office of 
Hazardous Materials Safety. Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2024-25875 Filed 11-6-24; 8:45 am]
BILLING CODE 4910-60-P


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