
[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Notices]
[Pages 64049-64051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25105]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2013-0002 (Notice No. 13-14)]


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 
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 
December 24, 2013.

ADDRESSES: You may submit comments identified by the docket number 
(PHMSA-2010-0223) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations, 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 or Regulation Identification Number (RIN) for this 
notice. Internet users may access comments received by DOT at: http://www.regulations.gov. Note that comments received will be posted without 
change to: http://

[[Page 64050]]

www.regulations.gov including any personal information provided.
    Requests for a copy of an information collection should be directed 
to Steven Andrews or T. Glenn Foster, Standards and Rulemaking Division 
(PHH-12), Pipeline and Hazardous Materials Safety Administration, 1200 
New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-
0001, Telephone (202) 366-8553.

FOR FURTHER INFORMATION CONTACT: Steven Andrews or T. Glenn Foster, 
Standards and Rulemaking Division (PHH-12), Pipeline and Hazardous 
Materials Safety Administration, 1200 New Jersey Avenue SE., East 
Building, 2nd Floor, 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 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 three-year term of approval for each information collection 
activity and, when approved by OMB, publish a notice of the approval in 
the Federal Register.
    PHMSA requests comments on the following information collections:
    Title: Inspection and Testing of Portable Tanks and Intermediate 
Bulk Containers
    OMB Control Number: 2137-0018.
    Summary: This information collection consolidates provisions for 
documenting qualifications, inspections, tests, and approvals 
pertaining to the manufacture and use of portable tanks and 
intermediate bulk containers under various provisions of the HMR. It is 
necessary to ascertain whether portable tanks and intermediate bulk 
containers have been qualified, inspected, and retested in accordance 
with the HMR. The information is used to verify that certain portable 
tanks and intermediate bulk containers meet required performance 
standards prior to their being authorized for use, and to document 
periodic requalification and testing to ensure the packagings have not 
deteriorated due to age or physical abuse to a degree that would render 
them unsafe for the transportation of hazardous materials.
    Affected Public: Manufacturers and owners of portable tanks and 
intermediate bulk containers.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 8,770.
    Total Annual Responses: 86,100.
    Total Annual Burden Hours: 66,390.
    Frequency of collection: On occasion.

    Title: Rulemaking and Special Permit Petitions.
    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, ``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. We are 
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 the Office of 
Hazardous Materials Safety to add, amend, or delete a regulation in 
Parts 110, 130, 171 through 180, or may petition the Office of Chief 
Counsel to add, amend, or delete a regulation in Parts 105, 106 or 107.
    (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) Application 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.
    (4) Application 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 or 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 or political 
subdivision or Indian tribe requirement to be compared; explain why the 
applicant believes the State or 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 or 
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 or political subdivision thereof or Indian tribe 
acknowledges to be preempted under the Federal hazardous materials 
transportation law, or (2) that 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

[[Page 64051]]

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 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. 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. 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.
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

    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.
    Annual Reporting and Recordkeeping Burden:

Number of Respondents: 3,817
Total Annual Responses: 21,519
Total Annual Burden Hours: 15,270
Frequency of Collection: On occasion

    Title: Hazardous Materials Public Sector Training and Planning 
Grants.
    OMB Control Number: 2137-0586.
    Summary: Part 110 of 49 CFR sets forth the procedures for 
reimbursable grants for public sector planning and training in support 
of the emergency planning and training efforts of States, Indian 
tribes, and local communities to manage hazardous materials 
emergencies, particularly those involving transportation. Sections in 
this part address information collection and recordkeeping with regard 
to applying for grants, monitoring expenditures, and reporting and 
requesting modifications.
    Affected Public: State and local governments, Indian tribes.
Annual Reporting and Recordkeeping Burden:

Annual Respondents: 68
Annual Responses: 68
Annual Burden Hours: 5,290
Frequency of Collection: On occasion

    Title: Cargo Tank Motor Vehicles in Liquefied Compressed Gas 
Service.
    OMB Control Number: 2137-0595.
    Summary: These information collection and recordkeeping 
requirements pertain to the manufacture, certification, inspection, 
repair, maintenance, and operation of certain Department of 
Transportation (DOT) specification and non-specification cargo tank 
motor vehicles used to transport liquefied compressed gases. These 
requirements are intended to ensure cargo tank motor vehicles used to 
transport liquefied compressed gases are operated safely, and to 
minimize the potential for catastrophic releases during unloading and 
loading operations. They include: (1) Requirements for operators of 
cargo tank motor vehicles in liquefied compressed gas service to 
develop operating procedures applicable to unloading operations and 
carry the operating procedures on each vehicle; (2) inspection, 
maintenance, marking, and testing requirements for the cargo tank 
discharge system, including delivery hose assemblies; and (3) 
requirements for emergency discharge control equipment on certain cargo 
tank motor vehicles transporting liquefied compressed gases that must 
be installed and certified by a Registered Inspector.
    Affected Public: Carriers in liquefied compressed gas service, 
manufacturers and repairers.
    Annual Reporting and Recordkeeping Burden:

Number of Respondents: 6,958
Total Annual Responses: 920,538
Total Annual Burden Hours: 200,914
Frequency of Collection: On occasion

    Dated: October 21, 2013.
Charles E. Betts,
Director, Standards and Rulemaking Division.
[FR Doc. 2013-25105 Filed 10-24-13; 8:45 am]
BILLING CODE 4910-60-P


