55450 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Notices 

With the approval of the chairmen, 

members of the public may present oral 

statements at the meeting. Persons 

wishing to present statements or obtain 

information should contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. Members of the public 

may present a written statement to the 

committee at any time. 

Issued in Washington, DC, on September 

14, 2005. 

Natalie Ogletree, 

FAA General Engineer, RTCA Advisory 

Committee. 

[FR Doc. 05–18810 Filed 9–20–05; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. RSPA–2005–20036 (Notice No. 

05–8)] 

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). 

DATES: Interested persons are invited to 

submit comments on or before 

November 21, 2005. 

ADDRESSES: Submit written comments 

to the Dockets Management System, 

U.S. Department of Transportation, 400 

Seventh St., SW., Washington, DC 

20590–0001. Comments should identify 

the Docket Number RSPA–2005–20036 

(Notice No. 05–8) and be submitted in 

two copies. Persons wishing to receive 

confirmation of receipt of their 

comments should include a selfaddressed stamped postcard. Comments 

may also be submitted to the docket 

electronically by logging onto the 

Dockets Management System Web site 

at http://dms.dot.gov. Click on ‘‘Help & 

Information’’ to obtain instructions for 

filing the document electronically. In 

every case, the comment should refer to 

the Docket Number RSPA–2005–20036 

(Notice No. 05–8). 

The Dockets Management System is 

located on the Plaza Level of the Nassif 

Building at the above address. Public 

dockets may be reviewed at the address 

above between the hours of 9 a.m. and 

5 p.m., Monday through Friday, 

excluding Federal holidays. In addition, 

the Notice and all comments can be 

reviewed on the Internet by accessing 

the Hazmat Safety Homepage at http:// 

hazmat.dot.gov. 

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, Room 8430, 400 

Seventh Street, SW., 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, Room 

8430, 400 Seventh Street, SW., 

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 Parts 110 and 130 

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 notice 

of the approval in the Federal Register. 

PHMSA requests comments on the 

following information collections: 

Title: Rulemaking, Exemption, 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, 

‘‘Exemptions;’’ 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 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 as appropriate, 

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 to the Associate 

Administrator 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 section 5125 (see 

also 49 CFR 107.202); and how the 

applicant is affected by the State or 

political subdivision or Indian tribe 

requirements. 

Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Notices 55451 

(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: (1) The State or 

political subdivision thereof or an 

Indian tribe acknowledges is preempted 

under the Federal hazardous material 

transportation law or the regulations 

issued thereunder, or (2) 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 there under 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 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 B of part 106. 

Applications for exemptions, 

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. 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 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: 3817. 

Total Annual Responses: 21,519. 

Total Annual Burden Hours: 15,270. 

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. 

Recordkeeping: 

Number of Respondents: 42,000. 

Total Annual Responses: 42,200. 

Total Annual Burden Hours: 247,250. 

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. The Subcommittee on 

Surface Transportation recommended 

that additional Federal requirements 

mandating retention of shipping papers 

be imposed in order to facilitate 

documentation of violations by the law 

enforcement community. Subsequently, 

the Hazardous Materials Transportation 

Authorization Act of 1994 (HMTAA), 

Public Law 103–311, amended the HMR 

to require shippers and carriers to retain 

copies of each shipping paper for one 

year. Section 5110(e) of the HMTAA 

requires shippers and carriers to retain 

copies (or an electronic image) of each 

shipping paper for one year to be 

accessible through their respective 

principal places of business. 

Amendment to section 5110(e) was selfexecuting as of August 26, 1994. The 

Environmental Protection Agency 

(EPA), and the Internal Revenue Service 

(IRS) require retention of shipping 

papers for 3 years or more for certain 

hazardous materials shippers and 

carriers. Since most companies 

(common carriers) already retain these 

records to meet these other Federal or 

State requirements, Docket HM–207B, 

which incorporated this into the HMR, 

did not significantly impact their 

paperwork burden. However, private 

carriers and intrastate shippers and 

carriers are now required to retain 

copies of each hazardous material 

shipping paper for 1 year under section 

5110(e). Permanent shipping papers are 

authorized to reduce the burden on 

those entities that ship the same 

materials on a continuous basis. 

Shipping papers and emergency 

response information are basic hazard 

communication tools relative to the 

transportation of hazardous materials. 

The definition of a shipping paper in 

section 171.8 of the HMR includes a 

shipping order, bill of lading, manifest, 

55452 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Notices 

1Ex Parte No. 492, Montana Rail Link, Inc., and 

Wisconsin Central Ltd., Joint Petition For 

Rulemaking With Respect To 49 CFR 1201, 8 I.C.C. 

2d 625 (1992), raised the revenue classification 

level for Class I railroads from $50 million to $250 

million (1991 dollars), effective for the reporting 

year beginning January 1, 1992. The Class II 

threshold was also revised to reflect a rebasing from 

$10 million (1978 dollars) to $20 million (1991 

dollars). 

or other shipping document serving a 

similar purpose and containing the 

information required by section 

172.202, 172.203, and 172.204. A 

shipping paper with emergency 

response information must accompany 

most hazardous materials shipments 

and be readily available at all times 

during transportation. It serves as the 

principal source of information 

regarding the presence of hazardous 

materials, identification, quantity, and 

emergency response procedures. 

Shipping papers also serve as the source 

of information for compliance with 

other requirements, such as the 

placement of rail cars containing 

different hazardous materials in trains, 

prevent the loading of poisons with 

foodstuffs, the separation of 

incompatible hazardous materials, and 

the limitation of radioactive materials 

that may be transported in a vehicle or 

aircraft. Shipping papers and emergency 

response information serve as a means 

of notifying transport workers that 

hazardous materials are present. Most 

importantly, 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. 

It is necessary that hazardous 

materials and emergency response 

information be displayed on shipping 

papers in a uniform manner to ensure 

accuracy and consistency. DOT 

regulations require that when hazardous 

materials and materials not subject to 

the HMR are described on the same 

shipping paper, the hazardous materials 

entries required by section 172.202 and 

those additional entries that may be 

required by section 172.203 must be 

entered first, or entered in a color that 

clearly contrasts with any description 

on the shipping paper of materials not 

subject to the requirements, or 

highlighted, or identified by the entry 

with an ‘‘x’’ in an HM column opposite 

the hazardous material entry. The 

subsidiary hazard class or subsidiary 

division number(s) must also be entered 

in parentheses following the primary 

hazard class or division number on 

shipping papers under § 172.202. In 

addition, the number and type of 

packagings must also be indicated on 

shipping papers such as drums, boxes, 

jerricans, etc. as part of the basic 

shipping description. 

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: 63,309. 

Frequency of collection: On occasion. 

Issued in Washington, DC, on September 

15, 2005. 

Susan Gorsky, 

Acting Director, Office of Hazardous 

Materials Standards. 

[FR Doc. 05–18805 Filed 9–20–05; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

Indexing the Annual Operating 

Revenues of Railroads 

This Notice sets forth the annual 

inflation adjusting index numbers 

which are used to adjust gross annual 

operating revenues of railroads for 

classification purposes. This indexing 

methodology will insure that regulated 

carriers are classified based on real 

business expansion and not from the 

effects of inflation. Classification is 

important because it determines the 

extent of reporting for each carrier. 

The railroad’s inflation factors are 

based on the annual average Railroad’s 

Freight Price Index. This index is 

developed by the Bureau of Labor 

Statistics (BLS). This index will be used 

to deflate revenues for comparison with 

established revenue thresholds. 

The base year for railroads is 1991. 

The inflation index factors are presented 

as follows: 

RAILROAD FREIGHT INDEX

Year Index Deflator 

1991 ......................................................................................................................................................................... 409.50 1 100.00 

1992 ......................................................................................................................................................................... 411.80 99.45 

1993 ......................................................................................................................................................................... 415.50 98.55 

1994 ......................................................................................................................................................................... 418.80 97.70 

1995 ......................................................................................................................................................................... 418.17 97.85 

1996 ......................................................................................................................................................................... 417.46 98.02 

1997 ......................................................................................................................................................................... 419.67 97.50 

1998 ......................................................................................................................................................................... 424.54 96.38 

1999 ......................................................................................................................................................................... 423.01 96.72 

2000 ......................................................................................................................................................................... 428.64 95.45 

2001 ......................................................................................................................................................................... 436.48 93.73 

2002 ......................................................................................................................................................................... 445.03 91.92 

2003 ......................................................................................................................................................................... 454.33 90.03 

2004 ......................................................................................................................................................................... 473.41 86.40 

Effective Date: January 1, 2004. 

FOR FURTHER INFORMATION CONTACT: 

Scott Decker, (202) 565–1531. [Federal 

Information Relay Service (FIRS) for the 

hearing impaired: 1–800–877–8339]. 

By the Board, Leland L. Gardner, Director, 

Office of Economics, Environmental 

Analysis, and Administration. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–18840 Filed 9–20–05; 8:45 am] 

BILLING CODE 4915–00–P