[Federal Register Volume 68, Number 24 (Wednesday, February 5, 2003)]
[Notices]
[Pages 5972-5974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2698]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

[Docket No. RSPA-2003-14307 (Notice No. 03-1)]


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

[[Page 5973]]

from the Office of Management and Budget (OMB).

DATES: Interested persons are invited to submit comments on or before 
April 7, 2003.

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-2003-
14307 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 Web 
site at http://dms.dot.gov. Click on ``Help & Information'' to obtain 
instructions for filing the document electronically. In every case, the 
comment should refer to the Docket number ``RSPA-2003-14307.''
    The Dockets Management System is located on the Plaza Level of the 
Nassif Building, at the above address. Public dockets may be reviewed 
between the hours of 9 a.m. to 5 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.
    Anyone is able to search the electronic form of all comments 
received into any of our documents by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.
    Requests for a copy of an information collection should be directed 
to Deborah Boothe or T. Glenn Foster, Office of Hazardous Materials 
Standards (DHM-10), at the address and telephone number listed below.

FOR FURTHER INFORMATION CONTACT: Deborah Boothe or T. Glenn Foster, 
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 (we) 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 we are submitting to OMB for extension. 
The information collections are contained in the Hazardous Materials 
Regulations (HMR; 49 CFR parts 171-180). We have revised burden 
estimates, where appropriate, to reflect current reporting levels 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 information collection. 
We 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. We request 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 
interested reader should refer to the table in 49 CFR 171.6 for a 
complete listing of sections covered by this information collection. 
The types of information collected include:
    (1) Approvals of the Association of American Railroads (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 subject to the 
requirements of Sec.  173.31(b) shall 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. FRA approval is 
also required for the movement of any tank car that does not conform to 
the applicable requirements in the HMR. We 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: Rulemaking, Exemption, and Preemption Requirements.
    OMB Control Number: 2137-0051.

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    Summary: This collection of information applies to rulemaking 
procedures regarding the Hazardous Materials Regulations (HMR). 
Specific areas covered in this information collection include Part 105, 
Subpart B and Subpart C, ``Hazardous Materials Program Definitions and 
General Procedures,'' Part 106, Subpart B, ``Participating in the 
Rulemaking Process,'' 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. 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, 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 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 as 
appropriate, 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 to the Associate Administrator 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.  5125 (see also 49 CFR 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: (1) The State or political subdivision thereof or an 
Indian tribe acknowledges is preempted under the Federal hazardous 
material transportation law or the regulations issued thereunder, or 
(2) 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 B of part 106. Applications for exemptions, 
preemption determinations and waivers of preemption are covered under 
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.

    Issued in Washington, DC, on January 30, 2003.
Edward T. Mazzullo,
Director, Office of Hazardous Materials Standards.
[FR Doc. 03-2698 Filed 2-4-03; 8:45 am]
BILLING CODE 4910-60-P