[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Notices]
[Pages 45356-45360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20796]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2017-0018 (Notice No. 2017-05)]


Hazardous Materials: Information Collection Activities

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

ACTION: Notice and request for comments.

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[[Page 45357]]

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA 
invites comments on 11 information collections pertaining to hazardous 
materials transportation for which PHMSA intends to request renewal 
from the Office of Management and Budget. On April 21, 2017, PHMSA 
published a notice with a 60-day comment period soliciting comments on 
these ICRs [82 FR 18828] under Docket No. PHMSA-2017-0018 (Notice No. 
2017-01). PHMSA received one comment; however, it was outside the scope 
of the April 21, 2017, notice.

DATES: Interested persons are invited to submit comments on or before 
October 30, 2017.

ADDRESSES: You may submit comments identified by Docket No. PHMSA-2017-
0018 (Notice No. 2017-05) 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-2017-0018) 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 T. Glenn Foster, Standards and Rulemaking 
Division, (202) 366-8553, 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.

FOR FURTHER INFORMATION CONTACT: Steven Andrews or T. Glenn Foster, 
Standards and Rulemaking Division, (202) 366-8553, Pipeline and 
Hazardous Materials Safety Administration, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 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 
information collection requests that PHMSA will be submitting to the 
Office of Management and Budget (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 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 3-year term of approval for each 
information collection activity and will publish a notice in the 
Federal Register upon OMB's approval.
    PHMSA requests comments on the following 11 information 
collections:
    1. 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 requirements as prescribed in Sec.  172.800(b) apply to 
specific types of shipments. Such shipments include but are not limited 
to: Shipments greater than 3,000 kg (6,614 pounds) for solids or 3,000 
liters (792 gallons) for liquids and gases in a single packaging such 
as a cargo tank motor vehicle, portable tank, tank car, or other bulk 
container; any quantity of a Division 1.1, 1.2, or 1.3 material; a 
large bulk quantity of a Division 2.1 material; or any quantity of a 
poison-by-inhalation material. A security plan reduces 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.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 54,999.
    Total Annual Responses: 54,999.
    Total Annual Burden Hours: 427,719.
    Frequency of Collection: On occasion.
    2. Title: Rulemaking, Special Permits, and Preemption Requirements.
    OMB Control Number: 2137-0051.
    Summary: This information collection applies to procedures for 
requesting changes, exceptions, and other determinations in relation to 
the HMR. Specific areas covered in this information collection include 
part 105, subparts A and 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. PHMSA is authorized to accept petitions for rulemaking and 
appeals, as well as applications for special permits, preemption 
determinations, and waivers of preemption. The types of information 
collected include:
    (1) Petitions for Rulemaking: Any person may petition PHMSA 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. Petitions submitted to PHMSA are 
required to contain information as required by Sec.  106.100 of the 
HMR.
    (2) Appeals: Except as provided in Sec.  106.40(e), any person may 
submit an appeal to our actions in accordance with the Appeals 
procedures found in Sec. Sec.  106.110 through 106.130.
    (3) Applications 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

[[Page 45358]]

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) Applications 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 Sec.  107.202(a), (b), or (c). 
The application must include the text of the State, 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 
security regulations or directives issued by the Secretary of Homeland 
Security with which the applicant seeks the State, political 
subdivision, or Indian tribe requirement to be compared; explain why 
the applicant believes the State, political subdivision, or Indian 
tribe requirement should or should not be preempted under the standards 
of Sec.  107.202; and state how the applicant is affected by the State, 
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, political subdivision thereof, or Indian tribe 
acknowledges to be preempted under the Federal hazardous materials 
transportation law, or (2) 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 help PHMSA 
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. Additionally, PHMSA uses information from preemption 
procedures 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.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 3,304.
    Total Annual Responses: 4,294.
    Total Annual Burden Hours: 4,899.
    Frequency of Collection: On occasion.
    3. Title: Requirements for United Nations (UN) Cylinders.
    OMB Control Number: 2137-0621.
    Summary: This information collection and recordkeeping burden is 
the result of efforts to amend the HMR to adopt standards for the 
design, construction, maintenance, and use of cylinders and multiple-
element gas containers (MEGCs) based on the standards contained in the 
UN Recommendations on the Transport of Dangerous Goods. Aligning the 
HMR with the UN Recommendations promotes flexibility, permits the use 
of technological advances for the manufacture of the pressure 
receptacles, provides for a broader selection of pressure receptacles, 
reduces the need for special permits, and facilitates international 
commerce in the transportation of compressed gases. Information 
collection requirements address domestic and international 
manufacturers of cylinders that request approval by the approval agency 
for cylinder design types. The approval process for each cylinder 
design type includes review, filing, and recordkeeping of the approval 
application. The approval agency is required to maintain a set of the 
approved drawings and calculations for each design it reviews and a 
copy of each initial design type approval certificate approved by the 
Associate Administrator for the Office of Hazardous Materials Safety 
for not less than 20 years.
    Affected Public: Fillers, owners, users, and retesters of UN 
cylinders.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 50.
    Total Annual Responses: 150.
    Total Annual Burden Hours: 900.
    Frequency of Collection: On occasion.
    4. Title: Response Plans for Shipments of Oil.
    OMB Control Number: 2137-0591.
    Summary: In recent years, several major oil discharges damaged the 
marine environment of the United States. Under authority of the Federal 
Water Pollution Control Act, as amended by the Oil Pollution Act of 
1990, PHMSA issued regulations in 49 CFR part 130 that require 
preparation of written spill response plans.
    Affected Public: Carriers that transport oil in bulk, by motor 
vehicle or rail.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 8,000.
    Total Annual Responses: 8,000.
    Total Annual Burden Hours: 10,560.
    Frequency of Collection: On occasion.
    5. Title: Cargo Tank Specification Requirements.
    OMB Control Number: 2137-0014.
    Summary: This information collection consolidates and describes the 
information collection provisions in parts 107, 178, and 180 of the HMR 
involving the manufacture, qualification, maintenance, and use of all 
specification cargo tank motor vehicles. It also 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, as well as cargo tank motor vehicle assemblers, are required 
to be registered with DOT and must furnish information relative to 
their qualifications to perform the functions in accordance with the 
HMR. DOT uses the registration statements to identify these persons to 
ensure they possess 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

[[Page 45359]]

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 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 and certifiers. 
They 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.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 41,366.
    Total Annual Responses: 132,600.
    Total Annual Burden Hours: 101,507.
    Frequency of Collection: On occasion.
    6. Title: Container Certification Statements.
    OMB Control Number: 2137-0582.
    Summary: Shippers of explosives, in freight containers or transport 
vehicles by vessel, are required to certify on shipping documentation 
that the freight container or transport vehicle meets minimal 
structural serviceability requirements. This requirement ensures an 
adequate level of safety for transport of explosives aboard vessel and 
consistency with similar requirements in international standards.
    Affected Public: Shippers of explosives in freight containers or 
transport vehicles by vessel.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 650.
    Total Annual Responses: 890,000.
    Total Annual Burden Hours: 14,908.
    Frequency of Collection: On occasion.
    7. Title: Testing Requirements for Non-Bulk Packaging.
    OMB Control Number: 2137-0572.
    Summary: This information collection consolidates and describes the 
information provisions in parts 173 and 180 of the HMR on the testing 
requirements for non-bulk packagings. This OMB control number covers 
performance-oriented packaging standards and allows packaging 
manufacturers and shippers increased flexibility in selecting more 
economical packagings for their products. This information collection 
also allows customizing the design of packagings to better suit the 
transportation environment that they will encounter and encourages 
technological innovations, decreases packaging costs, and significantly 
reduces the need for special permits.
    Affected Public: Each non-bulk packaging manufacturer that tests 
packagings to ensure compliance with the HMR.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 5,010.
    Total Annual Responses: 15,500.
    Total Annual Burden Hours: 32,500.
    Frequency of Collection: On occasion.
    8. Title: Testing, Inspection, and Marking Requirements for 
Cylinders.
    OMB Control Number: 2137-0022.
    Summary: Requirements in Sec.  173.301 for qualification, 
maintenance, and use of cylinders include periodic inspections and 
retesting to ensure continuing compliance with packaging standards. 
Information collection requirements address registration of retesters 
and marking of cylinders by retesters with their identification number 
and retest date following the completion of required tests. The 
cylinder owner or designated agent must keep records showing the 
results of inspections and retests either until expiration of the 
retest period or until the cylinder is re-inspected or retested, 
whichever occurs first. These requirements ensure that retesters have 
the qualifications to perform tests and identify to cylinder fillers 
and users that cylinders are qualified for continuing use. Information 
collection requirements in Sec.  173.303 require that fillers of 
acetylene cylinders keep, for at least 30 days, a daily record of the 
representative pressure to which cylinders are filled.
    Affected Public: Fillers, owners, users, and retesters of reusable 
cylinders.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 139,352.
    Total Annual Responses: 153,287.
    Total Annual Burden Hours: 171,462.
    Frequency of Collection: On occasion.
    9. Title: Flammable Cryogenic Liquids.
    OMB Control Number: 2137-0542.
    Summary: Provisions in Sec.  177.840(a)(2) specify certain safety 
procedures and documentation requirements for drivers of motor vehicles 
transporting flammable cryogenic liquids. This information allows the 
driver to take appropriate remedial actions to prevent a catastrophic 
release of the flammable cryogenics should the temperature of the 
material begin to rise excessively or if the travel time will exceed 
the safe travel time. These requirements are intended to ensure a high 
level of safety when transporting flammable cryogenics due to their 
extreme flammability and high compression ratio when in a liquid state.
    Affected Public: Carriers of cryogenic materials.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 65.
    Total Annual Responses: 18,200.
    Total Annual Burden Hours: 1,213.
    Frequency of Collection: On occasion.
    10. Title: Approval for Hazardous Materials.
    OMB Control Number: 2137-0557.
    Summary: Without these requirements, there is no means 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; and (3) assure that regulated hazardous materials pose no 
danger to life and property during transportation.
    There are several approval provisions contained in the HMR and 
associated procedural regulations. Responses to these information 
collections are required to obtain benefits, such as becoming an 
approval or certification agency, or to obtain a variance from 
packaging or handling requirements based on information provided by the 
respondent. These benefits and variances involve areas, for example, 
such as UN third-party certification; authorization to examine and test 
lighters; authorization to examine and test explosives; and 
authorization to re-qualify DOT cylinders.
    Affected Public: Business and other entities who must meet the 
approval requirements in the HMR.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 14,323.
    Total Annual Responses: 14,674.
    Total Annual Burden Hours: 30,070.
    Frequency of Collection: On occasion.
    11. Title: Rail Carrier and Tank Car Tanks Requirements, Rail Tank 
Car Tanks--Transportation of Hazardous Materials by Rail.
    OMB Control Number: 2137-0559.
    Summary: This information collection consolidates and describes the 
information provisions in parts 172, 173, 174, 179, and 180 of the HMR 
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

[[Page 45360]]

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 is 
also 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 must 
submit a progress report to the Federal Railroad Administration (FRA). 
FRA uses this information 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. An FRA approval is 
also required for the movement of any tank car that does not conform to 
the applicable requirements in the HMR. These latter movements are 
currently being reported under the information collection for special 
permit applications.
    (4) Manufacturer Reports and Certificate of Construction: These 
documents are prepared by tank car manufacturers and 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 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 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.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 266.
    Total Annual Responses: 17,685.
    Total Annual Burden Hours: 2,834.
    Frequency of Collection: Annually.

William S. Schoonover,
Associate Administrator of Hazard Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2017-20796 Filed 9-27-17; 8:45 am]
 BILLING CODE 4910-60-P