[Federal Register Volume 61, Number 44 (Tuesday, March 5, 1996)]
[Notices]
[Pages 8706-8709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5064]



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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
[Notice No. 96-4]


Information Collection Activities; Comment Request

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Research and Special Programs Administration invites comments on 
certain information collections, pertaining to hazardous materials 
transportation safety and oil spill prevention and response planning, 
for which RSPA intends to request approval from the Office of 
Management and Budget.


[[Page 8707]]

DATES: Interested persons are invited to submit comments on or before 
May 6, 1996.

ADDRESSES: Please address written comments to Dockets Unit (DHM-30), 
Room 8421, Research and Special Programs Administration, U.S. 
Department of Transportation, Washington, DC 20590-0001 (202) 366-5046. 
Comments may also be faxed to (202) 366-3753. Comments should identify 
this notice number (96-4) and the appropriate Office of Management and 
Budget (OMB) Control Number(s). Persons wishing to receive confirmation 
of receipt of their comments should include a self-addressed stamped 
postcard showing the notice number. Public information may be reviewed 
between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, 
except holidays.
    Requests for a copy of an information collection should be directed 
to Jackie Smith, Office of Hazardous Materials Standards (DHM-10), 
Research and Special Programs Administration, Room 8102, 400 Seventh 
Street, SW, Washington, DC 20590-0001, Telephone (202) 366-8553.

FOR FURTHER INFORMATION CONTACT: Jackie Smith, Office of Hazardous 
Materials Standards (DHM-10), Research and Special Programs 
Administration, Room 8102, 400 Seventh Street, SW, Washington, DC 
20590-0001, Telephone (202) 366-8553.

SUPPLEMENTARY INFORMATION: Office of Management and Budget (OMB) 
regulations (5 CFR 1320) implementing provisions of the Paperwork 
Reduction Act of 1995 (Pub. L. 104-13) require that interested members 
of the public and affected agencies have an opportunity to comment on 
information collection and recordkeeping activities (see 5 CFR 
1320.8(d)). This notice identifies information collections that RSPA is 
submitting to OMB for extension or reinstatement, as appropriate. These 
collections are contained in (1) 49 CFR 107, Hazardous Materials 
Program Procedures; (2) 49 CFR 110, Hazardous Materials Public Sector 
Training and Planning Grants; (3) 49 CFR 130, Oil Spill Prevention and 
Response Plans; and (4) 49 CFR 171 through 180, Hazardous Materials 
Regulations (HMR). RSPA 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. RSPA 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.
    Comments are invited on: (1) The need for the collection of 
information for the proper performance of the functions of the agency; 
(2) the accuracy of the agency's estimate of the burden of the 
collection of information, including the validity of the methodology 
and assumptions used; (3) ways to enhance the quality, utility and 
clarity of the information collection; and (4) ways to minimize the 
information collection burden on respondents, such as use of automated, 
electronic or other technological means of collecting information. A 
summary of public comments will accompany RSPA's submission of the 
information collection requests to OMB.
    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, including the need for and use of 
the collection; (4) description of the affected public; (5) estimate of 
total annual reporting and recordkeeping burden; and (7) frequency of 
collection.
    Title: Inspection and Testing of Portable Tanks and Intermediate 
Bulk Containers [Former title: Portable Tank Inspection and Testing].
    OMB Control Number: 2137-0018.
    Summary: This information collection consolidates provisions for 
documenting qualifications, inspections and tests pertaining to the 
manufacture and use of portable tanks and intermediate bulk containers 
under various provisions in parts 173, 178 and 180 of the HMR. It is 
needed to ascertain whether portable tanks and intermediate bulk 
containers have been qualified, inspected and retested in accordance 
with the HMR. For example, 49 CFR 173.32 requires that portable tanks 
be periodically retested, and prescribes both retest markings and 
retention of records as a demonstration of compliance. The information 
is used to verify that portable tanks and intermediate bulk containers 
meet required performance standards prior to being authorized for 
initial use or reuse as bulk packagings for hazardous materials.
    Affected Public: Manufacturers and owners of portable tanks and 
intermediate bulk containers.
    Annual Reporting and Recordkeeping Burden:
      Number of Respondents: 314.
      Total Annual Responses: 51,220.
      Total Annual Burden Hours: 51,340.
      Frequency of Collection: Design qualification testing is 
performed at the start of production for each new or different design 
type, periodic design type retesting is performed at one year intervals 
for intermediate bulk containers only, and periodic requalification of 
tanks in use is performed every 2-5 years, depending on the type of 
testing required and the tank specification. Certification markings are 
applied to each packaging at time of manufacture.

    Title: Testing, Inspection, and Marking Requirements for Cylinders 
[Former title: Recordkeeping and Information Collection for Cylinders].
    OMB Control Number: 2137-0022.
    Summary: This information collection consolidates provisions for 
documenting qualifications, inspections and tests pertaining to the 
manufacture and use of cylinders under various provisions in parts 173, 
178 and 180 of the HMR. It is needed to ascertain whether cylinders 
have been qualified, inspected and retested in accordance with the HMR. 
For example, provisions in 49 CFR 173.34 for qualification, maintenance 
and use of cylinders require that cylinders be periodically inspected 
and retested to ensure continuing compliance with packaging standards. 
Information collection requirements also address registration of 
retesters and marking of cylinders by retesters and recertifiers. The 
information is used to verify that cylinders meet required 
manufacturing standards prior to being authorized for initial use, and 
that once manufactured the cylinders are maintained and used in 
compliance with applicable requirements of the HMR as packagings for 
hazardous materials.
    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: 171,681.
    Frequency of Collection: Reports are required for cylinders as they 
are manufactured and initially tested. Cylinders are required to be 
marked after manufacture with specific information. Inspection reports 
are also required to very compliance with the provisions of the HMR, 
including verification that the cylinders passed the required tests. 
Registration of retesters is performed on a one-time basis. Retester 
marking on a cylinder is performed once every 5 to 20 years depending 
on cylinder specification and type of service. Pressure verification 
for acetylene cylinders is performed daily.


[[Page 8708]]

    Title: Hazardous Materials Incident Reports
    OMB Control Number: 2137-0039
    Summary: This collection is applicable upon occurrence of incidents 
as prescribed in 49 CFR 171.15 and 171.16. Basically, a Hazardous 
Materials Incident Report, DOT Form F 5800.1, must be completed by a 
carrier of hazardous materials after a hazardous material 
transportation incident occurs, such as a release of material, serious 
accident, evacuation or highway shutdown. Serious incidents meeting 
criteria in 49 CFR 171.15 also require a telephonic report by the 
carrier. This information collection enhances RSPA's ability to 
evaluate the effectiveness of its regulatory program, determine the 
need for regulatory changes and address emerging hazardous materials 
transportation safety issues. The requirement applies to all carriers 
engaged in the transportation of hazardous materials by rail, air, 
water and highway.
    Affected Public: Each carrier who transports hazardous materials.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 700.
    Total Annual Responses: 16,600.
    Total Annual Burden Hours: 24,190.
    Frequency of Collection: Reports are required upon occurrence of a 
reportable incident.

    Title: Flammable Cryogenic Liquids [Previous title: Cryogenic 
Liquids Requirements].
    OMB Control Number: 2137-0542.
    Summary: Provisions in 49 CFR 177.818 require the carriage on a 
motor vehicle of written procedures for venting flammable cryogenic 
liquids and for responding to emergencies. Sections 173.318(g), 
177.840(h), and 180.405(h) specify certain safety procedures and 
documentation requirements for drivers of these motor vehicles. These 
requirements are intended to ensure a high level of safety when 
transporting flammable cryogenics due to their extreme flammability.
    Affected Public: Carriers of flammable cryogenic liquids in bulk.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 65.
    Total Annual Responses: 18,200.
    Total Annual Burden Hours: 1,213.
    Frequency: A response is required for each shipment of a flammable 
cryogenic material.

    Title: Approvals for Hazardous Materials.
    OMB Control Number: 2137-0557.
    Summary: There are over one hundred approval provisions contained 
in the HMR and associated procedural regulations. Responses to these 
collections of information are required to obtain benefits, such as to 
become an approval or certification agency or obtain a variance from 
packaging or handling requirements based on information provided by the 
respondent. This information is used by RSPA 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 meet the requirements of the HMR; (3) assure that 
regulated hazardous materials pose no danger to life and property 
during transportation; and (4) allow minor variations to regulatory 
requirements, based on information provided by respondents, without 
requiring the respondent to apply using less timely and more burdensome 
exemption procedures.
    Affected Public: Businesses and other entities who must meet the 
approval requirements in the HMR.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 3,503.
    Total Annual Responses: 3,853.
    Total Annual Burden Hours: 18,302.
    Frequency: On occasion of application for a benefit.

    Title: Testing Requirements for Packaging.
    OMB Control Number: 2137-0572.
    Summary: Detailed packaging manufacturing specifications have been 
replaced by a series of performance tests that a non-bulk packaging 
must be capable of passing before it is authorized to be used for 
transporting hazardous materials. The HMR require proof that packagings 
meet these testing requirements. Manufacturers must retain records of 
design qualification tests and periodic retests. Manufacturers must 
notify, in writing, persons to whom packagings are transferred of any 
specification requirements that have not been met at the time of 
transfer. Subsequent distributors, as well as manufacturers must 
provide written notification. Performance-oriented packaging standards 
allow manufacturers and shippers much greater flexibility in selecting 
more economical packagings.
    Affected Public: Each non-bulk packaging manufacturer that tests 
packaging to ensure the safe transportation of hazardous materials.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 5,000.
    Total Annual Responses: 15,000.
    Total Annual Burden Hours: 30,000.
    Frequency: Tests are performed at start of production of a 
packaging design type and repeated at one or two-year intervals, 
depending on the type of packaging. Written notification is provided at 
time of first transfer, to each person to whom a packaging is 
transferred.

    Title: Container Certification Statement [Previous title: Statement 
of Structural Serviceability for Freight Containers to be used for 
Class 1.1 and 1.2 Explosives].
    OMB Control Number: 2137-0582.
    Summary: As required in Sec. 176.27, shippers of hazardous 
materials, in freight containers or transport vehicles by vessel, are 
required to certify that the freight container or transport vehicle is 
serviceable, that the hazardous materials are properly marked, labeled, 
or placarded, loaded and secured. For explosives in Division 1.1 and 
1.2, shippers are required to certify on shipping documentation that 
the freight container or transport vehicle meets minimal structural 
serviceability requirements (see Sec. 176.172). These requirements are 
intended to ensure an adequate level of safety for transport of 
hazardous materials aboard vessel and ensure consistency with similar 
requirements in international standards.
    Affected Public: Shippers of hazardous materials, including 
explosives in freight containers or transport vehicles by vessel.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 530.
    Total Annual Responses: 604,000.
    Total Annual Burden Hours: 15,100.
    Frequency: The statement is required for each shipment of hazardous 
material in a freight container or transport vehicle aboard a vessel.

    Title: Hazardous Materials Public Sector Planning and Training 
Grants.
    OMB Control Number: 2137-0586.
    Summary: Part 110 of 49 CFR sets forth 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 deal with hazardous materials emergencies, 
particularly those involving transportation. Sections in this part 
address information collection and recordkeeping with regard to 
applying for grants, monitoring expenditures, reporting and requesting 
modifications.
    Affected Public: State and local governments, Indian tribes.
    Annual Reporting and Recordkeeping Burden: 
    
[[Page 8709]]

    Number of Respondents: 66.
    Total Annual Responses: 66.
    Total Annual Burden Hours: 4,082.
    Frequency: Application for a grant is at the discretion of the 
applicant and can be made as frequently as every annual grant cycle. 
Financial status reports are submitted quarterly. Grantees must 
complete a performance report at the end of the grant period.

    Title: Response Plans for Shipments of Oil [Previous title: 
Preparation of 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. As required by the Federal 
Water Pollution Control Act, as amended by the Oil Pollution Act of 
1990, RSPA has issued regulations that require preparation of written 
spill response plans and, in certain instances, submission of these 
plans to RSPA for the transportation of oil in bulk by motor vehicle or 
rail car. These plans are intended to aid in the mitigation of the 
effects of unintended discharges of oil to the environment.
    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: One time report, plus notification of changes when 
needed.

    Issued in Washington, DC, on February 28, 1996.
Edward T. Mazzullo,
Director, Office of Hazardous Materials Standards.
[FR Doc. 96-5064 Filed 3-4-96; 8:45 am]
BILLING CODE 4910-60-P