[Federal Register Volume 65, Number 66 (Wednesday, April 5, 2000)]
[Notices]
[Pages 17940-17943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8325]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

[Docket No. RSPA-2000-6944 (Notice No. 00-1)]


Information Collection Activities

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, RSPA 
invites comments on certain information collections pertaining to 
hazardous materials transportation for which RSPA intends to request 
approval from the Office of Management and Budget (OMB).

DATES: Interested persons are invited to submit comments on or before 
June 5, 2000.

ADDRESSES: Submit written comments to the Dockets Management System, 
U.S. Department of Transportation, 400 Seventh Street, SW, Washington, 
DC 20590-0001. Comments should identify the Docket Number RSPA-2000-
6944 and be submitted in two copies. Persons wishing to receive 
confirmation of receipt of their comments should include a self-
addressed stamped postcard. Comments may also be submitted to the 
docket electronically by logging onto the Dockets Management System 
website at http://dms.dot.gov. Click on ``Help & Information'' to 
obtain instructions for

[[Page 17941]]

filing the document electronically. In every case, the comment should 
refer to the Docket number ``RSPA-2000-6944''.
    The Dockets Management System is located on the Plaza Level of the 
Nassif Building, at the above address. Public dockets may be reviewed 
at the address above between the hours of 9:00 a.m. to 5:00 p.m., 
Monday through Friday, excluding Federal holidays. In addition, the 
Notice and all comments can be reviewed on the Internet by accessing 
the Hazmat Safety Homepage at ``http://hazmat.dot.gov.''
    Requests for a copy of an information collection should be directed 
to Deborah Boothe, Office of Hazardous Materials Standards (DHM-10), at 
the address and telephone number listed below.

FOR FURTHER INFORMATION CONTACT: Deborah Boothe, Office of Hazardous 
Materials Standards (DHM-10), Research and Special Programs 
Administration, Room 8422, 400 Seventh Street, SW, Washington, DC 
20590-0001, Telephone (202) 366-8553.

SUPPLEMENTARY INFORMATION: Section 1320.8(d), Title 5, Code of Federal 
Regulations requires that RSPA provide interested members of the public 
and affected agencies an opportunity to comment on information 
collection and recordkeeping requests. This notice identifies 
information collections that RSPA is submitting to OMB for extension. 
The collections are contained in the Hazardous Materials Regulations 
(HMR; 49 CFR 171-180). RSPA has revised burden estimates, where 
appropriate, to reflect current reporting levels for 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. 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.
    RSPA requests comments on the following information collection 
requests:
    Title: Rail Carriers and Tank Car Tanks Requirements.
    OMB Control Number: 2137-0559.
    Summary: This information collection consolidates and describes the 
information collection 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 AAR Tank Car Committee: An approval is 
required 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 also is 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(b) 
must submit a progress report to the Federal Railroad Administration 
(FRA). This information is used by FRA 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. Also an FRA 
approval is required for the movement of any tank car that does not 
conform to the applicable requirements in the HMR. RSPA proposed 
(September 30 1999; 64 FR 53169) to broaden this provision to include 
the movement of covered hopper cars, gondola cars, and other types of 
railroad equipment when they no longer conform to Federal law but may 
safely be moved to a repair location. These latter movements are 
currently being reported under the information collection for exemption 
applications.
    (4) Manufacturer reports and certificate of construction: These 
documents are prepared by tank car manufacturers and are 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 the 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 
cars.
    Annual Reporting and Recordkeeping: 2,759.
    Number of Respondents: 260.
    Total Annual Responses: 16,640.
    Total Annual Burden Hours: 2,759.
    Frequency of Collection: Annually.
    Title: Requirements for Cargo Tanks.
    OMB Control Number: 2137-0014.
    Summary: This information collection consolidates and describes the 
information collection provisions in parts 178 and 180 of the HMR 
involving the manufacture, qualification, maintenance and use of all 
specification cargo tank motor vehicles. Also it 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 
and cargo tank motor vehicle assemblers are required to be registered 
with DOT by furnishing information relative to their qualifications to 
perform the functions in accordance with the HMR. The registration 
statements are used to identify these persons so that DOT can ensure 
that they have 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 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 are in proper condition

[[Page 17942]]

for the transportation of hazardous materials.
    (3) Manufacturers' data reports, certificates and related papers: 
These reports are prepared by cargo tank manufacturers, certifiers and 
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: 106,262.
    Number of Respondents: 41,366.
    Total Annual Responses: 132,600.
    Total Annual Burden Hours: 106,262.
    Frequency of Collection: Periodically.
    Title: Rulemaking, Exemption, and Preemption Requirements.
    OMB Control Number: 2137-0051.
    Summary: This collection of information applies to rulemaking 
procedures regarding the Hazardous Materials Regulations (HMR). 
Specific areas covered in this information collection include Part 106, 
Subpart B, ``Procedures for Adoption of Rules,'' Part 107, subpart B, 
``Exemptions,'' 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. RSPA is authorized to accept petitions 
for rulemaking and for reconsideration of rulemakings, 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 Associate 
Administrator for Hazardous Materials Safety to establish, amend, or 
repeal a substantive regulation, or may petition the Chief Counsel to 
establish, amend, or repeal a procedural regulation in Parts 106 or 
107.
    (2) Petitions for Reconsideration: Except as provided in 
Sec. 106.39(d), any person may petition the Associate Administrator for 
reconsideration of any regulation issued under Part 106, or may 
petition the Chief Counsel for reconsideration of any procedural 
regulation issued under Part 106 and contained in Part 106 or 107.
    (3) Application for Exemption: Any person applying for an exemption 
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 exemption (e.g., 
alternative packaging, test procedure or activity), including written 
descriptions, drawings, flow charts, plans and other supporting 
documents, etc.
    (4) Application for Preemption Determination: Any person directly 
affected by any requirement of a State, political subdivision, or 
Indian tribe may apply for a determination whether that requirement is 
preempted under 49 U.S.C. 5125, or regulations issued thereunder. 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 material 
transportation law or the regulations issued thereunder with which the 
applicant seeks the State, political subdivision or Indian tribe 
requirement to be compared; explanation of 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 how 
the applicant is affected by the State or political subdivision or 
Indian tribe requirements.
    (5) Waivers of Preemption: With the exception of requirements 
preempted under 49 U.S.C. 5125(c), any person may apply to the 
Associate Administrator for a waiver of preemption with respect to any 
requirement that the State or political subdivision thereof or an 
Indian tribe acknowledges to be preempted under the Federal hazardous 
material transportation law or the regulations issued thereunder, or 
that has been determined by a court of competent jurisdiction to be so 
preempted. The Associate Administrator 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 requirement of the Federal hazardous material 
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 RSPA in determining the merits of the 
petitions for rulemakings and for reconsideration of rulemakings, as 
well as applications for exemptions, 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 A of Part 106. Applications for exemptions, 
preemption determinations and waivers of preemption are covered in 
Subparts B and C of Part 107. Rulemaking procedures enable RSPA 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. Exemption 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 RSPA 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.
    Total Reporting and Recordkeeping Burden: 4,219.
    Number of Respondents: 3,304.
    Total Annual Responses: 4,294.
    Total Annual Burden Hours: 4,219.
    Frequency of Collection: Periodically.
    Title: Approvals for Hazardous Materials.
    OMB No.: 2137-0557.
    Summary: This information collection consolidates and describes the 
information collection provisions in parts 107, 172, 173, 174, 176, and 
178 regarding requirements for approvals for hazardous materials in the 
HMR. Responses to these information collection requirements are 
required to obtain benefits, such as to become an approval or 
certification agency or to obtain a variance from packaging or handling 
requirements based on information provided by the respondent. The types 
of information collected include: applications to become designated 
approval agencies, independent cylinder testing agencies, and foreign 
manufacturers of cylinders; applications for approval of 
classifications of new explosives; applications for safety 
determinations to the adequacy of old packagings for materials with 
special hazards; applications to allow the regulated public to use 
alternative packagings or test methods; etc.
    The information collected is used 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;
    (3) assure that regulated hazardous materials pose no danger to 
life and property during transportation; and

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    (4) allow minor variations to regulatory requirements (as 
specifically authorized by regulation), 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: 18,381.
    Total Respondents: 3,518.
    Total Annual Responses: 3,869.
    Total Annual Burden Hours: 18,381.
    Frequency of Collection: On occasion.

    Issued in Washington, DC on March 30, 2000.
Edward T. Mazzullo,
Director, Office of Hazardous Materials Standards.
[FR Doc. 00-8325 Filed 4-4-00; 8:45 am]
BILLING CODE 4910-60-P