Hazardous Materials: Information Collection Activities

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Published

August 10, 2021

Issuing agencies

Transportation DepartmentPipeline and Hazardous Materials Safety Administration

Abstract

In accordance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requests (ICRs) discussed below will be forwarded to the Office of Management and Budget for renewal and extension. These ICRs describe the nature of the information collections and their expected burdens.

Full Text

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<title>Federal Register, Volume 86 Issue 151 (Tuesday, August 10, 2021)</title>
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[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Notices]
[Pages 43719-43722]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16994]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2021-0055 (Notice No. 2021-06)]

Hazardous Materials: Information Collection Activities

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

ACTION: Notice and request for comments.

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[[Page 43720]]

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Requests (ICRs)
discussed below will be forwarded to the Office of Management and
Budget for renewal and extension. These ICRs describe the nature of the
information collections and their expected burdens.

DATES: Interested persons are invited to submit comments on or before
September 9, 2021.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
We invite comments on: (1) 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; (2) the accuracy of the Department's estimate of the burden of
the proposed information collection; (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 the use of automated collection techniques or other forms of
information technology.
Docket: For access to the dockets to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: Steven Andrews or Shelby Geller,
Standards and Rulemaking Division, (202) 366-8553, <a href="/cdn-cgi/l/email-protection#187770756b686a79587c776c367f776e"><span class="__cf_email__" data-cfemail="422d2a2f3132302302262d366c252d34">[email&#160;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: 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
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 3-year term of approval for each
information collection activity and will publish a notice in the
Federal Register upon OMB's approval.
A notice and request for comments with a 60-day comment period on
these ICRs was published in the Federal Register on May 18, 2021, [86
FR 27009] under Docket No. PHMSA-2021-0055 (Notice No. 2021-04). PHMSA
did not receive any comments in response to this notice.
PHMSA requests comments on the following information collections:
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 specified in 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 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. Under this OMB
control number, applicants may apply for a new special permit, renew or
modify an existing special permit, or request party status to a special
permit. These procedures can be found in part 107, subpart B of the
HMR.
(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 Native American 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 Native American 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 Native American tribe requirement to
be compared; explain why the applicant believes the state, political
subdivision, or Native American 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 Native
American 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 Native American
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

[[Page 43721]]

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 whether a regulatory 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 whether 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. The following information collections and their burdens are
associated with this OMB Control Number:

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Annual Annual Annual burden
Information collection respondents responses Time per response hours
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Petition for Rulemaking............. 20 20 8 hours................... 160
New Special Permit Application...... 168 168 7 hours................... 1,176
Party Status Special Permit 576 576 1.5 hours................. 864
Application.
Renewal Special Permit Application.. 936 936 1.5 hours................. 1,404
Modification Special Permit 132 132 1 hour.................... 132
Application.
Special Permit Application-- 1,852 1,852 6 minutes................. 185
Recordkeeping.
Designated Agent for Special Permit 100 100 2 hours................... 200
Application.
Confidential Handling for Special 31 31 15 minutes................ 7.75
Permit Application.
Preemption.......................... 2 2 60 hours.................. 120
Preemption Reconsideration.......... 1 1 30 hours.................. 30
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Affected Public: Shippers, carriers, packaging manufacturers, and
other affected entities.
Annual Reporting and Recordkeeping Burden:
Number of Respondents: 3,818.
Total Annual Responses: 3,818.
Total Annual Burden Hours: 4,278.75.
Frequency of Collection: On occasion.
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.
The following information collections and their burdens are associated
with this OMB Control Number:

Affected Public: Carriers of cryogenic materials.
Annual Reporting and Recordkeeping Burden:
Number of Respondents: 350.
Total Annual Responses: 36,400.
Total Annual Burden Hours: 1,214.
Frequency of Collection: On occasion.
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 (33 U.S.C. 1251 et seq.), PHMSA issued regulations in 49 CFR part
130 that require preparation of basic written spill response plans. The
following information collections and their burdens are associated with
this OMB Control Number:

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.
Title: Requirements for United Nations (UN) Cylinders.
OMB Control Number: 2137-0621.
Summary: This information collection and recordkeeping burden is
the result

[[Page 43722]]

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. The
following information collections and their burdens are associated with
this OMB Control Number:

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Total Total Total burden
Information collection respondents responses Time per response hours
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UN Pressure Receptacle Approval--New 35 35 6 hours................... 210
Request.
UN Pressure Receptacle Approval-- 100 100 6 hours................... 600
Modified Request.
UN Pressure Receptacle Approval-- 75 75 6 minutes................. 7.5
Recordkeeping.
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Affected Public: Fillers, owners, users, and retesters of UN
cylinders.
Annual Reporting and Recordkeeping Burden:
Number of Respondents: 210.
Total Annual Responses: 210.
Total Annual Burden Hours: 817.5.
Frequency of Collection: On occasion.

Issued in Washington, DC, on August 4, 2021, under authority
delegated in 49 CFR 1.97.
William A. Quade,
Deputy Associate Administrator of Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.
[FR Doc. 2021-16994 Filed 8-9-21; 8:45 am]
BILLING CODE 4910-60-P

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