[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Notices]
[Pages 55450-55452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18805]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. RSPA-2005-20036 (Notice No. 05-8)]


Information Collection Activities

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA 
invites comments on certain information collections pertaining to 
hazardous materials transportation for which PHMSA intends to request 
renewal from the Office of Management and Budget (OMB).

DATES: Interested persons are invited to submit comments on or before 
November 21, 2005.

ADDRESSES: Submit written comments to the Dockets Management System, 
U.S. Department of Transportation, 400 Seventh St., SW., Washington, DC 
20590-0001. Comments should identify the Docket Number RSPA-2005-20036 
(Notice No. 05-8) 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-2005-20036 (Notice No. 
05-8).
    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 a.m. and 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.
    Requests for a copy of an information collection should be directed 
to Deborah Boothe or T. Glenn Foster, Office of Hazardous Materials 
Standards (PHH-11), Pipeline and Hazardous Materials Safety 
Administration, Room 8430, 400 Seventh Street, SW., Washington, DC 
20590-0001, Telephone (202) 366-8553.

FOR FURTHER INFORMATION CONTACT: Deborah Boothe or T. Glenn Foster, 
Office of Hazardous Materials Standards (PHH-11), Pipeline and 
Hazardous Materials Safety Administration, Room 8430, 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 PHMSA to provide interested members of the public 
and affected agencies an opportunity to comment on information 
collection and recordkeeping requests. This notice identifies 
information collection requests that PHMSA will be submitting to OMB 
for renewal and extension. These information collections are contained 
in 49 CFR Parts 110 and 130 and the Hazardous Materials Regulations 
(HMR; 49 CFR Parts 171-180). PHMSA 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. PHMSA 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.
    PHMSA requests comments on the following information collections:

    Title: Rulemaking, Exemption, and Preemption Requirements.
    OMB Control Number: 2137-0051.
    Summary: This collection of information applies to rulemaking 
procedures regarding the HMR. Specific areas covered in this 
information collection include part 105, subpart A and subpart B, 
``Hazardous Materials Program Definitions and General Procedures;'' 
part 106, subpart B, ``Participating in the Rulemaking Process;'' part 
107, subpart B, ``Exemptions;'' and 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 `` 106.40(e), any person may 
submit an appeal to our actions in accordance with the Appeals 
procedures found in Sec. Sec. [thinsp]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 section 5125 (see also 49 CFR 
107.202); and how the applicant is affected by the State or political 
subdivision or Indian tribe requirements.

[[Page 55451]]

    (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 there under and does not 
unreasonably burden commerce.
    The information collected under these application procedures is 
used in the review process by PHMSA 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 PHMSA 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 PHMSA 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.
    Recordkeeping:
    Number of Respondents: 3,304.
    Total Annual Responses: 4,294.
    Total Annual Burden Hours: 4,219.
    Frequency of collection: On occasion.
    Title: Radioactive (RAM) Transportation Requirements.
    OMB Control Number: 2137-0510.
    Summary: This information collection consolidates and describes the 
information collection provisions in the HMR involving the 
transportation of radioactive materials in commerce. Information 
collection requirements for RAM include: Shipper notification to 
consignees of the dates of shipment of RAM; expected arrival; special 
loading/unloading instructions; verification that shippers using 
foreign-made packages hold a foreign competent authority certificate 
and verification that the terms of the certificate are being followed 
for RAM shipments being made into this country; and specific handling 
instructions from shippers to carriers for fissile RAM, bulk shipments 
of low specific activity RAM and packages of RAM which emit high levels 
of external radiation. These information collection requirements help 
to establish that proper packages are used for the type of radioactive 
material being transported; external radiation levels do not exceed 
prescribed limits; and packages are handled appropriately and delivered 
in a timely manner, so as to ensure the safety of the general public, 
transport workers, and emergency responders.
    Affected Public: Shippers and carriers of radioactive materials in 
commerce.
    Recordkeeping:
    Number of Respondents: 3817.
    Total Annual Responses: 21,519.
    Total Annual Burden Hours: 15,270.
    Frequency of collection: On occasion.
    Title: Hazardous Materials Security Plans.
    OMB Control Number: 2137-0612.
    Summary: To assure public safety, shippers and carriers must take 
reasonable measures to plan and implement procedures to prevent 
unauthorized persons from taking control of, or attacking, hazardous 
materials shipments. Part 172 of the HMR requires persons who offer or 
transport certain hazardous materials to develop and implement written 
plans to enhance the security of hazardous materials shipments. The 
security plan requirement applies to shipments of: (1) A highway route-
controlled quantity of a Class 7 (radioactive) material; (2) more than 
25 kg (55 lbs) of a Division 1.1, 1.2, or 1.3 (explosive) material; (3) 
more than 1 L (1.06 qt) per package of a material poisonous by 
inhalation in hazard zone A; (4) a shipment of hazardous materials in a 
bulk packaging with a capacity equal to or greater than 13,248 L (3,500 
gal) for liquids or gases, or greater than 13.24 cubic meters (468 
cubic feet) for solids; (5) a shipment that requires placarding; and 
(6) select agents. Select agents are infectious substances identified 
by CDC as materials with the potential to have serious consequences for 
human health and safety if used illegitimately. A security plan will 
enable shippers and carriers to reduce the possibility that a hazardous 
materials shipment will be used as a weapon of opportunity by a 
terrorist or criminal.
    Affected Public: Shippers and carriers of hazardous materials in 
commerce.
    Recordkeeping:
    Number of Respondents: 42,000.
    Total Annual Responses: 42,200.
    Total Annual Burden Hours: 247,250.
    Frequency of collection: On occasion.
    Title: Subsidiary Hazard Class and Number/Type of Packagings.
    OMB Control Number: 2137-0613.
    Summary: The HMR require that shipping papers and emergency 
response information accompany each shipment of hazardous materials in 
commerce. The Subcommittee on Surface Transportation recommended that 
additional Federal requirements mandating retention of shipping papers 
be imposed in order to facilitate documentation of violations by the 
law enforcement community. Subsequently, the Hazardous Materials 
Transportation Authorization Act of 1994 (HMTAA), Public Law 103-311, 
amended the HMR to require shippers and carriers to retain copies of 
each shipping paper for one year. Section 5110(e) of the HMTAA requires 
shippers and carriers to retain copies (or an electronic image) of each 
shipping paper for one year to be accessible through their respective 
principal places of business. Amendment to section 5110(e) was self-
executing as of August 26, 1994. The Environmental Protection Agency 
(EPA), and the Internal Revenue Service (IRS) require retention of 
shipping papers for 3 years or more for certain hazardous materials 
shippers and carriers. Since most companies (common carriers) already 
retain these records to meet these other Federal or State requirements, 
Docket HM-207B, which incorporated this into the HMR, did not 
significantly impact their paperwork burden. However, private carriers 
and intrastate shippers and carriers are now required to retain copies 
of each hazardous material shipping paper for 1 year under section 
5110(e). Permanent shipping papers are authorized to reduce the burden 
on those entities that ship the same materials on a continuous basis.
    Shipping papers and emergency response information are basic hazard 
communication tools relative to the transportation of hazardous 
materials. The definition of a shipping paper in section 171.8 of the 
HMR includes a shipping order, bill of lading, manifest,

[[Page 55452]]

or other shipping document serving a similar purpose and containing the 
information required by section 172.202, 172.203, and 172.204. A 
shipping paper with emergency response information must accompany most 
hazardous materials shipments and be readily available at all times 
during transportation. It serves as the principal source of information 
regarding the presence of hazardous materials, identification, 
quantity, and emergency response procedures. Shipping papers also serve 
as the source of information for compliance with other requirements, 
such as the placement of rail cars containing different hazardous 
materials in trains, prevent the loading of poisons with foodstuffs, 
the separation of incompatible hazardous materials, and the limitation 
of radioactive materials that may be transported in a vehicle or 
aircraft. Shipping papers and emergency response information serve as a 
means of notifying transport workers that hazardous materials are 
present. Most importantly, shipping papers serve as a principal means 
of identifying hazardous materials during transportation emergencies. 
Firefighters, police, and other emergency response personnel are 
trained to obtain the DOT shipping papers and emergency response 
information when responding to hazardous materials transportation 
emergencies. The availability of accurate information concerning 
hazardous materials being transported significantly improves response 
efforts in these types of emergencies.
    It is necessary that hazardous materials and emergency response 
information be displayed on shipping papers in a uniform manner to 
ensure accuracy and consistency. DOT regulations require that when 
hazardous materials and materials not subject to the HMR are described 
on the same shipping paper, the hazardous materials entries required by 
section 172.202 and those additional entries that may be required by 
section 172.203 must be entered first, or entered in a color that 
clearly contrasts with any description on the shipping paper of 
materials not subject to the requirements, or highlighted, or 
identified by the entry with an ``x'' in an HM column opposite the 
hazardous material entry. The subsidiary hazard class or subsidiary 
division number(s) must also be entered in parentheses following the 
primary hazard class or division number on shipping papers under Sec.  
172.202. In addition, the number and type of packagings must also be 
indicated on shipping papers such as drums, boxes, jerricans, etc. as 
part of the basic shipping description.
    Affected Public: Shippers and carriers of hazardous materials in 
commerce.
    Recordkeeping:
    Number of Respondents: 250,000.
    Total Annual Responses: 6,337,500.
    Total Annual Burden Hours: 63,309.
    Frequency of collection: On occasion.

    Issued in Washington, DC, on September 15, 2005.
Susan Gorsky,
Acting Director, Office of Hazardous Materials Standards.
[FR Doc. 05-18805 Filed 9-20-05; 8:45 am]
BILLING CODE 4910-60-P