[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Notices]
[Pages 76909-76912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24518]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. RSPA-2005-20036 (Notice No. 05-10)]


Information Collection Activities

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
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 (ICR) 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. A Federal Register Notice with a 60-day comment period 
soliciting comments on the following collections of information was 
published on September 21, 2005 [70 FR 55450]. No comments were 
received.

DATES: Comments must be submitted on or before January 27, 2006.

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

[[Page 76910]]

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, Special Permits, 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 A and subpart B, 
``Hazardous Materials Program Definitions and General Procedures;'' 
part 106, subpart B, ``Participating in the Rulemaking Process;'' part 
107, subpart B, ``Special Permits;'' 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 special permits, 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 Special Permits: Any person applying for a 
special permit 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 
special permit (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.
    (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 PHMSA in determining the merits of the 
petitions for rulemakings and for reconsideration of rulemakings, as 
well as applications for special permits, 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 special permits, 
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. Special Permit 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.
    Type of Request: Extension of a currently approved collection.
    Abstract: 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 that emit high levels 
of external radiation. These information collection requirements help 
to establish that proper packagings 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.

[[Page 76911]]

    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.
    Type of Request: Extension of a currently approved collection.
    Abstract: 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.
    Type of Request: Extension of a currently approved collection.
    Abstract: Section 5103 of the Federal Hazardous Materials 
Transportation Law (Federal hazmat law; 49 U.S.C. 5101 et seq.) 
authorizes the Pipeline and Hazardous Materials Safety Administration 
(PHMSA) to prescribe safety and security regulations for the 
transportation of hazardous materials in interstate, intrastate, and 
foreign commerce. 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. In August, 2005, the Hazardous 
Materials Safety and Security Reauthorization Act of 2005 (the Act; 
Title VII of Pub. L. 109-59, 119 Stat. 1144 (August 10, 2005)) amended 
Federal hazmat law by revising certain terminology, definitions, and 
requirements. The Act amends Sec.  5110 of Federal hazmat law to 
require shippers to retain a copy of a shipping paper for a period of 
two years after the shipping paper is provided to a carrier and to 
require carriers to retain a copy of a shipping paper for a period of 
one year after the date the shipping paper is received from the 
shipper. Shippers and carriers of a hazardous waste must continue to 
retain a shipping paper for 3 years after the material is accepted by 
the initial carrier. The Environmental Protection Agency (EPA), and the 
Internal Revenue Service (IRS) require retention of shipping papers for 
three 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, the current 
requirements incorporated into the HMR under HM-240, did not 
significantly impact their paperwork burden. 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 Sec.  171.8 of the HMR 
includes a shipping order, bill of lading, manifest, or other shipping 
document serving a similar purpose and containing the information 
required by Sec. Sec.  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 
Sec.  172.202 and those additional entries that may be required by 
Sec.  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: 17,604.
    Frequency of Collection: On occasion.

ADDRESSES: Send comments regarding the burden estimates, including 
suggestions for reducing the burden, to the Office of Management and 
Budget, Attention: Desk Officer for PHMSA, 725

[[Page 76912]]

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 December 22, 2005.
Susan Gorsky,
Acting Director, Office of Hazardous Materials Standards.
[FR Doc. 05-24518 Filed 12-27-05; 8:45 am]
BILLING CODE 4910-60-P