[Federal Register Volume 69, Number 45 (Monday, March 8, 2004)]
[Notices]
[Pages 10808-10811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5100]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

[Docket No. RSPA-2004-16964 (Notice No. 04-1)]


Information Collection Activities

AGENCY: Research and Special Programs Administration.

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 (RSPA, we) invites 
comments on certain information collections pertaining to hazardous 
materials transportation for which RSPA intends to request renewal from 
the

[[Page 10809]]

Office of Management and Budget (OMB).

DATES: Interested persons are invited to submit comments on or before 
May 7, 2004.

ADDRESSES: You may submit comment by any of the following methods:
     Web site: http://dms.dot.gov. Follow the 
instructions for submitting comments on the Department of 
Transportation (DOT) electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management System, U.S. Department 
of Transportation, 400 Seventh St., SW., Washington, DC 20590-0001.
     Hand delivery: To the Docket Management System, 
Room PL-401 on the Plaza Level of the Nassif Building, 400 Seventh 
Street, SW., Washington, DC between 9 a.m. and 5 p.m. Monday through 
Friday, except Federal holidays.
    Instructions: You must include the agency name and docket number 
RSPA-2004-16964 (Notice No. 04-1) for this notice at the beginning of 
your comment. Comments are to be submitted in duplicate. Persons 
wishing to receive confirmation of receipt of their comments must 
include a self-addressed stamped postcard. Internet users may access 
all comments received by the Department of Transportation at http://dms.dot.gov. Note that all comments received will be posted without 
change to http://dms.dot.gov including any personal information 
provided. Please see the Privacy Act section of this document.
    Docket: You may view the public docket through the Internet at 
http://dms.dot.gov or in person at the Docket Management System office 
at the address listed above.
    Direct requests for a copy of an information collection to Deborah 
Boothe or T. Glenn Foster, at the U.S. Department of Transportation, 
Office of Hazardous Materials Standards (DHM-10), 400 Seventh St., SW., 
Washington, DC 20590-0001.

FOR FURTHER INFORMATION CONTACT: Deborah Boothe or T. Glenn Foster, 
Office of Hazardous Materials Standards (DHM-10) at the address listed 
above.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets 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.

SUPPLEMENTARY INFORMATION: Section 1320.8 (d), title 5, Code of Federal 
Regulations requires RSPA to provide the public and affected agencies 
an opportunity to comment on information collection and recordkeeping 
requests. This notice identifies information collections RSPA is 
submitting to OMB for renewal and extension. These collections are 
contained in 49 CFR parts 110 and 130 and the Hazardous Materials 
Regulations (HMR; 49 CFR parts 171-180). 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. 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 collections:
    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. It also 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 
register with DOT by furnishing information relative to their 
qualifications to perform the functions in accordance with the HMR. The 
registration statements are used by DOT to ensure that these persons 
possess 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 for the transportation of 
hazardous materials in accordance with the HMR.
    (3) Manufacturers' data reports, certificates and related papers: 
These reports are prepared by cargo tank manufacturers and 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:
    Number of Respondents: 41,366.
    Total Annual Responses: 132,600.
    Total Annual Burden Hours: 102,021.
    Frequency of Collection: Periodically.
    Title: Inspection and Testing of Portable Tanks and Intermediate 
Bulk Containers.
    OMB Control Number: 2137-0018.
    Summary: This information collection consolidates provisions for 
documenting qualifications, inspections, tests and approvals pertaining 
to the manufacture and use of portable tanks and intermediate bulk 
containers under various provisions of the HMR. It is necessary to 
ascertain whether portable tanks and intermediate bulk containers have 
been qualified, inspected and retested in accordance with the HMR. The 
information is used to verify that certain portable tanks and 
intermediate bulk containers meet required performance standards prior 
to their being authorized for use, and to document periodic 
requalification and testing to ensure the packagings have not 
deteriorated due to age or physical abuse to a degree that would render 
them unsafe for the transportation of hazardous materials. Applicable 
sections are as follows: Sec.  173.32--requirements for the use of 
portable tanks; Sec.  173.35--hazardous materials in intermediate bulk 
containers; Sec.  178.245-6--certification markings for DOT-51 portable 
tanks; Sec.  178.245-7--manufacturer's data report for DOT-51 portable 
tanks: Sec.  178.255-14--certification markings for DOT-60 portable 
tanks; Sec.  178.255-15--manufacturer's data report for DOT-60 portable 
tanks; Sec.  178.270-14--certification marking of IM portable tanks; 
Sec.  178.801--testing, retesting and recordkeeping for intermediate 
bulk containers; and Sec.  180.352--periodic retests and inspections 
for intermediate bulk containers.

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    Affected Public: Manufacturers and owners of portable tanks and 
intermediate bulk containers.
    Recordkeeping:
    Number of Respondents: 8,770.
    Total Annual Responses: 86,100.
    Total Annual Burden Hours: 66,390.
    Frequency of collection: On occasion.
    Title: Hazardous Materials Incident Reports.
    OMB Control Number: 2137-0039.
    Summary: This collection is applicable when an incident occurs in 
transportation as prescribed in Sec. Sec.  171.15 and 171.16 of the 
HMR. A Hazardous Materials Incident Report, DOT Form F 5800.1, must be 
completed by the person in physical possession of the hazardous 
material at the time a hazardous material incident occurs in 
transportation, such as a release of materials, serious accident, 
evacuation, or closure of a major transportation artery. Incidents 
meeting criteria in Sec.  171.15 also require a telephonic report. This 
information collection enhances the Department'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 requirements apply to all interstate 
and intrastate carriers engaged in the transportation of hazardous 
materials by rail, air, water, and highway.
    Affected Public: Person in physical possession of a hazardous 
material at the time an incident occurs in transportation.
    Annual Reporting and Recordkeeping:
    Number of Respondents: 1,781.
    Total Annual Responses: 17,810.
    Total Annual Burden Hours: 23,746.
    Frequency of collection: On occasion.
    Title: Flammable Cryogenic Liquids.
    OMB Control Number: 2137-0542.
    Summary: Paragraph (h) of Sec.  177.840 specifies certain safety 
procedures and documentation requirements for drivers of these motor 
vehicles. Provisions in Sec.  177.840(l) of the HMR require the 
carriage on a motor vehicle of written procedures for venting flammable 
cryogenic liquids and for emergency response. These requirements are 
intended to ensure a high level of safety when transporting flammable 
cryogenics, which are characterized by extreme flammability and high 
compression ratio when in a liquid state.
    Affected Public: Carriers of cryogenic materials.
    Annual Reporting and Recordkeeping:
    Total Respondents: 65.
    Total Annual Responses:18,200.
    Total Annual Burden Hours: 1,213.
    Frequency of collection: On occasion.
    Title: Testing Requirements for Non-bulk 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; and the type and dimensions of any closures, including 
gaskets, needed to satisfy performance test requirements. Subsequent 
distributors must also 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 
packagings to ensure compliance with the HMR and subsequent 
distributors.
    Annual Reporting and Recordkeeping:
    Annual Respondents: 5,000.
    Annual Responses: 15,000.
    Annual Burden Hours: 30,000.
    Frequency of collection: On occasion.
    Title: Container Certification Statement.
    OMB Control Number: 2137-0582.
    Summary: Shippers of explosives, in freight containers or transport 
vehicles by vessel, are required to certify on shipping documentation 
that the freight container or transport vehicle meets minimal 
structural serviceability requirements. This requirement is intended to 
ensure an adequate level of safety for transport of explosives aboard 
vessel and ensure consistency with similar requirements in 
international standards.
    Affected Public: Shippers of explosives in freight containers or 
transport vehicles by vessel.
    Annual Reporting and Recordkeeping:
    Annual Respondents: 650.
    Annual Responses: 890,000 HM containers & 4,400 explosive 
containers.
    Annual Burden Hours: 14,908.
    Frequency of collection: On occasion.
    Title: Hazardous Materials Public Sector Training and Planning 
Grants.
    OMB Control Number: 2137-0586.
    Summary: Part 110 of 49 CFR sets forth the 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 manage hazardous materials emergencies, 
particularly those involving transportation. Sections in this part 
address information collection and recordkeeping with regard to 
applying for grants, monitoring expenditures, and reporting and 
requesting modifications.
    Affected Public: State and local governments, Indian tribes.
    Annual Reporting and Recordkeeping:
    Annual Respondents: 66.
    Annual Responses: 66.
    Annual Burden Hours: 4,082.
    Frequency of collection: On occasion.
    Title: Response Plans for Shipments of Oil.
    OMB Control Number: 2137-0591.
    Summary: In recent years, several major oil discharges have damaged 
the marine environment of the United States. Under the authority of the 
Federal Water Pollution Control Act, as amended by the Oil Pollution 
Act of 1990, RSPA issued regulations in 49 CFR part 130 that require 
preparation of written spill response plans.
    Affected Public: Carriers that transport oil in bulk, by motor 
vehicle or rail.
    Annual Reporting and Recordkeeping:
    Annual Respondents: 8,000.
    Annual Responses: 8,000.
    Annual Burden Hours: 10,560.
    Frequency of collection: On occasion.
    Title: Cargo Tank Motor Vehicles in Liquefied Compressed Gas 
Service.
    OMB Control Number: 2137-0595.
    Summary: These information collection and recordkeeping 
requirements pertain to the manufacture, certification, inspection, 
repair, maintenance, and operation of DOT specification MC 330, MC 331, 
and certain nonspecification cargo tank motor vehicles used to 
transport liquefied compressed gases. These information collection and 
recordkeeping requirements are intended to ensure certain cargo tank 
motor vehicles used to transport liquefied compressed gases are 
operated safely, and to minimize the potential for catastrophic 
releases during unloading and loading operations. They include: (1) 
Requirements for operators of cargo tank motor vehicles in liquefied 
compressed gas service to develop operating procedures applicable to 
unloading operations and carry the operating procedures on each 
vehicle; (2) inspection, maintenance, marking and testing requirements 
for the cargo tank discharge system, including delivery hose 
assemblies; and (3) requirements for emergency discharge control 
equipment on certain cargo tank motor vehicles transporting liquefied 
compressed gases that must be installed

[[Page 10811]]

and certified by a Registered Inspector. (See sections 
180.416(b)(d)(f); 180.405;180.407(h); 177.840(l); and 173.315(n)).
    Affected Public: Carriers in liquefied compressed gas service, 
manufacturers and repairers.
    Annual Reporting and Recordkeeping:
    Annual Respondents: 6,958.
    Annual Responses: 965,596.
    Annual Burden Hours: 200,615.
    Frequency of collection: On occasion.

    Issued in Washington, DC on March 2, 2004.
Edward T. Mazzullo,
Director, Office of Hazardous Materials Standards.
[FR Doc. 04-5100 Filed 3-5-04; 8:45 am]
BILLING CODE 4910-60-P