[Federal Register Volume 68, Number 75 (Friday, April 18, 2003)]
[Notices]
[Pages 19248-19250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9646]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

[Docket No. RSPA-2003-14307 (Notice No. 03-3)]


Agency Information Collection Activity Under OMB Review

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

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the Information 
Collection Requests (ICRs) abstracted below have been 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. The Federal Register notice soliciting comments on the 
following collections of information was published with a 60-day 
comment period on February 5, 2003 [68 FR 5972].

DATES: Comments must be submitted on or before May 19, 2003.

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.
    Title: Rail Carrier and Tank Car Tank Requirements.
    OMB Control Number: 2137-0559.
    Type of Request: Extension of a currently approved collection.
    Abstract: This information collection consolidates and describes 
the information collection provisions in parts 172, 173, 174, 179, and 
180 of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) 
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

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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. 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.
    Estimated Number of Respondents: 260.
    Estimated Number of Responses: 16,640.
    Annual Estimated Burden Hours: 2,759.
    Frequency of Collection: Annually.
    Title: Rulemaking, Exemption, and Preemption Requirements.
    OMB Control Number: 2137-0051.
    Type of Request: Extension of a currently approved collection.
    Abstract: This collection of information applies to rulemaking 
procedures regarding the 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. RSPA is 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 RSPA's 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 of 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 to be 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.

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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.
    Estimated Number of Respondents: 3,304.
    Estimated Number of Responses: 4,294.
    Annual Estimated Burden Hours: 4,219
    Frequency of Collection: Periodically.

ADDRESSES: Send comments regarding the burden estimate, including 
suggestions for reducing the burden, to Office of Management and 
Budget, Attention: Desk Officer for RSPA, 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.

    Issued in Washington, DC, on April 11, 2003.
Edward T. Mazzullo,
Director, Office of Hazardous Materials Standards.
[FR Doc. 03-9646 Filed 4-17-03; 8:45 am]
BILLING CODE 4910-60-P