[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Notices]
[Pages 21732-21734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10684]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2009-0019 (Notice No. 09-2)]
Information Collection Activities Under OMB Review; 2009 Renewals
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice and request for comments.
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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Requests (ICR)
abstracted below will be forwarded to the Office of Management and
Budget (OMB) for review and comments. The ICRs describe the nature of
the information collections and their expected burden. A Federal
Register Notice with a 60-day comment period soliciting comments on
these collections of information was published in the Federal Register
on February 5, 2009 [74 FR 6215] under Docket No. PHMS-2009-0019
(Notice No. 09-1).
DATES: Interested persons are invited to submit comments on or before
June 8, 2009.
ADDRESSES: Send comments regarding the burden estimate, including
suggestions for reducing the burden, to the Office of Management and
Budget (OMB), Attention: Desk Officer for PHMSA, 725 17th Street, NW.,
Washington, DC 20503. Comments are invited on: 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; the accuracy of the Department's estimate of
the burden of the proposed information collection; ways to enhance the
quality, utility and clarity of the information to be collected; and
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. A comment to OMB is most
effective if OMB receives it within 30 days of publication.
FOR FURTHER INFORMATION CONTACT: Deborah Boothe or Steven Andrews, U.S.
Department of Transportation, Office of Hazardous Materials Standards
(PHH-11), 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 Federal agencies 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 105, 106, 107 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) abstract of the
information collection activity; (4) description of affected persons;
(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, Special Permits, and Preemption Requirements.
OMB Control Number: 2137-0051.
Summary: This collection of information applies to the agency's
procedures for developing rulemaking, granting special permits, and
addressing preemption. Specific areas covered in this information
collection include Part 105, Subpart A and Subpart B,
[[Page 21733]]
``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 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, or 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 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 by PHMSA to determine 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.
The procedures governing 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.
Information collected under rulemaking procedures enables PHMSA to
determine if a rule change is warranted and consistent with public
interest. Information collected under special permit procedures is used
to determine if the requested relief provides for a comparable level of
safety as provided by the HMR or is consistent with the public
interest. 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.
One person submitted comments pertaining to the renewal of the
Special Permit aspect of this information collection in response to the
Federal Register Notice published on February 5, 2009. In its comment,
the Institute of Makers of Explosives (IME) provided suggestions for
administrative improvements to the Special Permits and Competent
Authority Approval programs. These comments are beyond the scope of
this notice, but PHMSA will evaluate the recommendations and consider
program changes as necessary and appropriate.
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 Materials (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: (1) Shipper notification to
consignees of the dates of shipment of RAM; (2) expected arrival; (3)
special loading/unloading instructions; (4) 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 (5)
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 ensure 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
protect 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: 3,817.
Total Annual Responses: 21,519.
Total Annual Burden Hours: 15,270.
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. In addition to the basic shipping description information, we
also require the subsidiary hazard class or subsidiary division
number(s) to be entered in parentheses following the primary hazard
class or division number on shipping papers. This requirement
[[Page 21734]]
was originally required only for transportation by vessel. However, the
absence of this information for other transport modes posed problems
with regard to compliance with segregation, separation, and placarding
requirements, resulting in a reduced level of safety. For example, if a
motor vehicle were transporting a material with a subsidiary hazard
that necessitates special handling procedures or additional regulatory
requirements, the lack of information on the subsidiary hazard could
result in improper loading or handling by transport workers or
inadequate or ineffective emergency response in an accident. Therefore,
the HMR require the subsidiary hazard class or subsidiary division
number(s) to be entered on the shipping paper. Shipping papers must
also include an indication of the number and type of packagings to be
indicated on the shipping paper.
Shipping papers serve as a principal means of identifying hazardous
materials during transportation emergencies. Firefighters, police, and
other emergency response personnel are trained to refer to the shipping
papers when responding to hazardous materials transportation
emergencies. The availability of accurate information concerning the
hazardous materials being transported significantly improves response
efforts in these types of emergencies. The additional information on
subsidiary hazards and the number and types of packagings being
transported aids emergency responders by more clearly identifying the
hazard that must be addressed.
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: 17,604.
Frequency of collection: On occasion.
Issued in Washington, DC on Monday, May 4, 2009.
Edward T. Mazzullo,
Director, Office of Hazardous Materials Standards.
[FR Doc. E9-10684 Filed 5-7-09; 8:45 am]
BILLING CODE 4910-60-P