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###### Department of Transportation

###### Federal Motor Carrier Safety Administration

          - [Docket No. FMCSA-2010-0210]

# AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), DOT.

# ACTION:

Notice; request for comments.

# SUMMARY:

                        In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval and invites public comment. The FMCSA requests approval to revise an existing ICR entitled “Hazardous Materials Safety Permits,” due to an increase in the estimated number of annual trips in which permitted hazardous materials (HM) are transported. This ICR requires companies holding permits to develop a communications plan that allows for the periodic tracking of the shipment. A record of the communications that includes the time of the call and location of the shipment may be kept by either the driver (                        *e.g.,*                         recorded in the log book) or the company. These records must be kept, either physically or electronically, for at least six months at the company's principal place of business or readily available to the employees at the company's principal place of business. This ICR is being revised due to an increase in the estimated number of annual trips in which permitted HM is transported resulting in change to the total information collection burden for maintaining a daily communication record.                    

# DATES:

We must receive your comments on or before November 8, 2010.

# ADDRESSES:

You may submit comments bearing the Federal Docket Management System (FDMS) Docket Number FMCSA-2010-0210 using any of the following methods:
      -  Federal eRulemaking Portal:                          Go to                          http://www.regulations.gov.                          Follow the on-line instructions for submitting comments.                    
      -  Fax:                          202-493-2251.                    
      -  Mail:                          Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.                    
      -  Hand Delivery:                          West Building Ground Floor, Room W12-140, 1200                                ( print page 54942)                              New Jersey Avenue, SE., Washington DC 20590-0001 between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays.                    

                        Each submission must include the Agency name and the docket number for this Notice. Note that DOT posts without change all comments received to                         *http://www.regulations.gov,*                         including any personal information included in a comment. Please see the Privacy Act heading below for further information.                    

*Docket:*                         For access to the docket to read background documents or comments, go to                         *http://www.regulations.gov*                         at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgement that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting them on-line.                    

*Privacy Act:*                         Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union,                         *etc.*). You may review DOT's complete Privacy Act Statement for the Federal Docket Management System published in the                         **Federal Register**                         on January 17, 2008 (73 FR 3316), or you may visit                         *http://edocket.access.gpo.gov/​2008/​pdf/​E8-785.pdf.*

# FOR FURTHER INFORMATION CONTACT:

                        Mr. Paul Bomgardner, Hazardous Materials Division, Department of Transportation, Federal Motor Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey Avenue, SE., Washington, DC 20590. Telephone: 202-493-0027; e-mail                         *paul.bomgardner@dot.gov.*

# SUPPLEMENTARY INFORMATION:

## Background

                    The Secretary of Transportation (Secretary) is responsible for implementing regulations to issue safety permits for transporting certain hazardous materials in accordance with 49 U.S.C. 5101*et seq.*                     The HM Safety Permit regulations (49 CFR part 385) require carriers to complete a “Combined Motor Carrier Identification Report and HM Permit Application” (Form MCS-150B). The HM Safety Permit regulations also require carriers to have a security program. As part of the HM Safety Permit regulations, carriers are required to develop and maintain route plans so that law enforcement officials can verify the correct location of the HM shipment. The FMCSA requires companies holding permits to develop a communications plan that allows for the periodic tracking of the shipment. This information covers the record of communications that includes the time of the call and location of the shipment. The records may be kept by either the driver (                    *e.g.,*                     recorded in the log book) or the company. These records must be kept, either physically or electronically, for at least six months at the company's principal place of business or be readily available to employees at the company's principal place of business.                

*Title:*                     Hazardous Materials Safety Permits.                

*OMB Control Number:*                     2126-0030.                

*Type of Request:*                     Revision of a currently-approved information collection.                

*Respondents:*                     1,425 motor carriers that transport permitted HM and complete the Form MCS-150B.                

*Frequency:*                     On occasion.                

*Estimated Average Burden per Response:*                     5 minutes. The communication between motor carriers and their drivers must take place at least two times per day and it is estimated that it will take 5 minutes to maintain a daily communication record for each driver.                

*Estimated Total Annual Burden Hours:*                     350,000 hours [4.2 million trips × 5 minutes/60 minutes per record = 350,000].                

## Public Comments Invited

You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the performance of FMCSA's functions; (2) the accuracy of the estimated burden; (3) ways for FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. The Agency will summarize or include your comments in the request for OMB's clearance of this information collection.

Issued on: September 2, 2010.

Kelly Leone,

Director, Office of Information Technology.

[FR Doc. 2010-22464 Filed 9-8-10; 8:45 am]

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