[Federal Register Volume 78, Number 139 (Friday, July 19, 2013)]
[Notices]
[Pages 43263-43268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17363]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2013-0124, Notice No. 13-7]
Paperless Hazard Communications Pilot Program
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice and request for comments.
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SUMMARY: PHMSA invites volunteers for a pilot program to evaluate the
effectiveness of paperless hazard communications systems and comments
on an information collection activity associated with the pilot
program. ``Moving Ahead for Progress in the 21st Century Act'' (MAP-21)
authorizes PHMSA to conduct a pilot program to evaluate the feasibility
and effectiveness of using paperless hazard communications systems. In
accordance with MAP-21, in conducting the pilot projects, PHMSA may not
waive the current shipping paper requirements. In addition, MAP-21
indicates that PHMSA must consult with organizations representing fire
and other emergency responders, law enforcement, and regulated
entities. Upon completion of the pilot projects, PHMSA must evaluate
the feasibility and effectiveness of paperless hazard communications
systems and make a recommendation to Congress regarding regulatory
changes that would permanently authorize the use of paperless hazard
communications systems. The report is due to Congress by October 1,
2014. The intent of this notice is to: (1) Describe the current
regulatory requirements for shipping papers; (2) describe authority
granted under MAP-21; (3) explain the goal, scope, and intent of the
pilot program; (4) seek volunteers to participate in the pilot projects
and describe criteria for selecting pilot participants from the
volunteers; and (5) seek comment on the request for information to be
collected in conducting the pilot projects and in consulting with
organizations representing fire and other emergency responders, law
enforcement, and regulated entities. Information gathered will enable
PHMSA to generate a report to Congress detailing: (1) The performance
of each paperless hazard communications system tested during the pilot
projects; (2) PHMSA's assessment of the safety and security impacts on
stakeholders; (3) the associated costs and benefits; and (4) PHMSA's
regulatory recommendation(s).
DATES: Interested persons are invited to submit comments on or before
September 17, 2013.
ADDRESSES: You may submit comments, and statements of interest to
volunteer, identified by the docket number (PHMSA-2013-0124) by any of
the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
FAX: 1-202-493-2251.
Mail: Docket Management System, U.S. Department of
Transportation, Docket Operations, Routing Symbol M-30, West Building,
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590.
Hand Delivery: Docket Operations, West Building, Ground
Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590,
from 9:00 a.m. to 5:00 p.m., Monday through Friday, except Federal
holidays.
Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. To avoid
duplication, please use only one of these four methods. All comments
received will be posted without change to http://www.regulations.gov
and will include any personal information you provide.
Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
[[Page 43264]]
Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, 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 (65 FR 19477) or you
may visit http://www.gpo.gov/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf
FOR FURTHER INFORMATION CONTACT: James O. Simmons, U.S. Department of
Transportation, Engineering and Research Division (PHH-23), Pipeline
and Hazardous Materials Safety Administration, 1200 New Jersey Avenue
SE., East Building, 2nd Floor, Washington, DC 20590-0001, Telephone
(202) 366-4545. Requests for a copy of the information collection
should be directed to T. Glenn Foster, U.S. Department of
Transportation, Standards and Rulemaking Division (PHH-12), Pipeline
and Hazardous Materials Safety Administration, 1200 New Jersey Avenue
SE., East Building, 2nd Floor, Washington, DC 20590-0001, Telephone
(202) 366-8553.
SUPPLEMENTARY INFORMATION: Section 1320.8 (d), Title 5, Code of Federal
Regulations (CFR) requires that PHMSA provide interested members of the
public and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies an
information collection activity PHMSA is undertaking to evaluate the
effectiveness of a paperless hazard communications pilot program
authorized under Title III, Section 33005, of the Hazardous Materials
Transportation Safety Improvement Act of 2012 (H.R. 4348), also
referenced as the ``Moving Ahead for Progress in the 21st Century Act''
(H.R. 4348, ``MAP-21''). This notice also seeks volunteers (shippers,
carriers, law enforcement, and emergency response personnel) who are
interested in participating in the pilot projects. The pilot projects
and the information collection activity identified in this notice have
been designed to ensure full collaboration with modal administrations,
law enforcement personnel, fire services and emergency response
providers, and regulated entities (shippers and carriers who transport
hazardous materials by air, highway, rail, and water) to test the
feasibility and then evaluate both the feasibility and effectiveness of
using paperless hazardous materials (e-HM) communications systems (e-
systems). The following sections describe the: (1) Current regulatory
requirements for shipping papers; (2) authority granted under MAP-21;
(3) goal, scope, and intent of the pilot program and request for
volunteers to participate in the pilots; (4) criteria used for
selecting pilot participants; and (5) request for information to be
collected in conducting the pilot projects and in consulting with
organizations representing fire and other emergency responders, law
enforcement, and regulated entities.
1. History of and Current Regulatory Requirements for Shipping Papers
The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)
require a person who offers hazardous materials for transportation in
commerce to describe the hazardous materials on a shipping paper in the
manner required in 49 CFR Part 172, Subpart C. The shipping paper
requirements identify key hazard communication information (e.g., UN
number, proper shipping name, hazard class, packing group, type and
quantity of packaging, and emergency response telephone number). Unless
an exception from the shipping paper requirements is provided in the
regulations, a paper copy of the shipping paper must accompany a
hazardous material during transportation. A shipping paper 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'' (49 CFR 171.8, definition of
``shipping paper''). A hazardous waste manifest ``may be used as the
shipping paper'' if it contains all the information required by Part
172, Subpart C (49 CFR 172.205(h)).
In 1994, Congress amended the Federal hazardous materials
transportation law (Federal hazmat law) to require that, after a
hazardous material ``is no longer in transportation,'' all offerors and
carriers of a hazardous material must retain the shipping paper ``or
electronic image thereof for a period of 1 year to be accessible
through their respective principal places of business'' (49 U.S.C.
5110(e), added by Pub. L. 103-311, Title I, Sec. 115, 108 Stat. 1678
(Aug. 26, 1994)). That section also requires that the offeror and
carrier ``shall, upon request, make the shipping paper available to a
Federal, State, or local government agency at reasonable times and
locations.''
On September 12, 2001, the Research and Special Programs
Administration (the predecessor to PHMSA) issued a notice of proposed
rulemaking (NPRM) to amend the HMR to conform with Sec. 5110(e) (66 FR
47443). The 2001 NPRM indicated an electronic image includes an image
transmitted by a facsimile (FAX) machine, an image on the screen of a
computer, or an image generated by an optical imaging machine. To
facilitate compliance with, and enforcement of, the hazardous materials
shipping paper requirement, in 2002 PHMSA further amended the HMR
regarding the retention and information requirements associated with
shipping papers. Amendments included extending the retention period to
375 days; requiring the copy to include the date that the shipment is
accepted for transportation by the initial carrier; and requiring that
the shipping paper copy or its electronic image be accessible at or
through the principal place of business of each person required to
prepare or maintain it during transportation. Consideration for
allowing the use of electronic communication while hazardous materials
are actually in transportation is the next step in the evolution of
hazard communication.
The implementation of e-systems has already begun and will evolve
if industry determines that investing in technology is economically
beneficial for its businesses. Spurred by competitive demands, just-in-
time delivery requirements, and the globalization of supply chains,
many transportation and logistics industries have embraced modern
innovations to communicate. However, the HMR requires the use of a
paper copy of the shipping document. The rationale behind a paper-based
system is to convey the necessary information in a consistent manner
that is widely understood and accepted by all regulated entities, law
enforcement, and emergency responders.
2. Authority Granted Under MAP-21
Section 33005 of MAP-21 provided PHMSA the authority to conduct
paperless hazard communications pilot projects. PHMSA will conduct the
pilot projects to evaluate the feasibility of using e-systems to convey
the same information that is contained on a paper copy of a shipping
document. MAP-21, Section 33005 states that PHMSA: (1) Cannot waive the
current statutory shipping paper requirements, and (2) must consult
with organizations representing fire and other emergency responders,
law enforcement, and regulated entities. In addition, at least one
pilot project must take place in a rural area.
[[Page 43265]]
Upon completion of the pilot projects, PHMSA must prepare a report
that provides: (1) A detailed description of the pilot projects; (2) an
evaluation of each pilot project to include an evaluation of the
performance of the e-systems; (3) an assessment of the safety and
security impacts of using e-systems to include the impact on the
public, emergency responders, law enforcement, and on conducting
inspections and investigations; (4) an analysis of the associated
benefits and costs of using e-systems for each mode of transportation;
and (5) a recommendation whether e-systems should be permanently
incorporated into the Federal hazmat regulations. The Secretary shall
submit the report to the Committee on Commerce, Science, and
Transportation of the U.S. Senate and to the Committee on
Transportation and Infrastructure of the U.S. House of Representatives
by October 2014, two years after the enactment of the Hazardous
Materials Transportation Safety Improvement Act of 2012.
3. Goal, Scope, and Intent of the Pilot Program and Request for
Volunteers To Participate in the Pilot Projects
Beginning in 2007, PHMSA initiated actions to implement paperless
hazard communications. PHMSA has conducted activities including: (1)
Building a cooperative effort between transportation entities and
regulatory agencies; (2) publishing a notice on the use of electronic
data sharing; (3) conducting stakeholder public meetings to receive
feedback on the use of electronic data sharing to communicate hazardous
material shipping information; (4) collaborating with the
Transportation Research Board on a study on the use of electronic
hazardous materials shipping papers; (5) hosting workshops for
stakeholders to communicate outreach findings of paperless hazardous
communications; and (6) publishing e-HM information papers, which
highlight the collective hazardous material transportation community's
priorities, gaps, and concerns for implementing paperless hazard
communications.
PHMSA strongly believes, through its prior efforts and activities,
paperless hazard communication is possible and that this pilot program
will demonstrate the capabilities of e-systems. PHMSA has developed a
strategy for conducting the pilot projects that will enable PHMSA to
evaluate paperless hazard communication systems capabilities from a
real-world perspective.
The goal of the paperless hazard communications pilot program is to
determine if e-systems are a feasible and effective means of providing
hazard communication. In addition, if they are feasible and effective,
PHMSA will use the information it gathers to assess the level of safety
and security, as well as the associated benefits and costs, of e-
systems as compared to the current hazardous materials shipping paper
requirements. It is PHMSA's intent that any pilot project (test)
conducted under the authority granted by MAP-21 will study the
performance, safety and security impacts, and the associated benefits
and costs of using e-systems for hazardous materials shipments, without
disrupting the normal flow of commerce. During the pilot projects,
emergency response providers and law enforcement officials will
continue to perform their duties and respective roles according to
existing emergency and inspection requirements, procedures, and
policies. The emergency responders and law enforcement officials may
continue to rely on the written shipping paper, even if companies are
operating under a pilot project.
MAP-21 indicates that PHMSA must consider both the feasibility and
the effectiveness of paperless hazard communications. Under this pilot
program, PHMSA will be collaborating with regulated entities, law
enforcement personnel, emergency response providers, and modal
administrations to evaluate the feasibility and effectiveness of
allowing e-HM communication for hazardous materials shipments. The
pilot projects will focus on the use of e-systems:
While shipping hazardous materials from point of origin to
final destination using different transportation conveyances (i.e.,
trucks, railcars, maritime vessels, and airplanes), and
During inspections and emergency response simulations.
PHMSA is seeking shippers, carriers, law enforcement personnel, and
emergency responders that may be interested in volunteering to
participate in the pilot projects. In response to a web posted
announcement entitled, ``Defining the HM ACCESS Pilot Test,'' 64
entities expressed interest in participating. Some of these entities
may satisfy the pilot project and MAP-21 qualification criteria and
possess the capability and capacity to aid in testing a variety of
scenarios. PHMSA strongly encourages the 64 entities that previously
expressed interest in participating in the pilot projects to respond to
this notice and provide the information identified within this notice.
To ensure that we have the broadest range of participation in the pilot
projects, PHMSA encourages other interested entities who have not
previously expressed an interest in participating to volunteer. PHMSA
will evaluate all volunteers (the previous 64 and those who respond to
this notice) according to the criteria and qualifications identified in
the following section and will select participants that satisfy the
pilot test qualification requirements, meet the criteria specified in
MAP-21, and are best able to aid in testing a variety of scenarios.
Shippers, carriers, law enforcement, and emergency responders
interested in participating in the pilot projects should provide
statements of interest to the addresses identified in this notice. The
statement of interest should include information describing the
organization, point(s) of contact (name, title, address, phone, and
email), self-identification of stakeholder type (shipper, carrier, law
enforcement, or emergency responder), location, and capabilities. It
should be noted, however, that responding to this notice does not
guarantee selection for participation in the pilot projects.
4. Criteria Used for Selecting Pilot Project Participants
PHMSA intends that any pilot conducted under the authority granted
by MAP-21 will study the performance, safety and security impacts, and
associated benefits and costs of using e-systems for hazardous
materials shipments, without disrupting the normal flow of commerce.
Further, hardcopy shipping documents will still be required to
accompany each shipment during the pilot projects, in accordance with
the HMR.
PHMSA will conduct pilot tests in three, and potentially four,
regions of the U.S.: The Northeast, Southeast, Northwest, and
Southwest, with at least one pilot test conducted in a rural area
within one or more of the regions, as prescribed by MAP-21. PHMSA will
focus the pilot tests in geographical regions possessing high
concentrations of hazardous materials registrants and presenting
historically high numbers of hazardous material incidents resulting in
deaths and injuries.
Law Enforcement and Emergency Response Volunteers
Desired law enforcement and emergency responder pilot test
participants are those that operate within the regions of the pilot
tests and are willing to assist in the collection of information during
the tests, as described later in this document.
Shipper and Carrier Volunteers
Desired shipper and carrier pilot test participants are those who
offer hazardous materials for transportation
[[Page 43266]]
and/or transport hazardous materials by a variety of modes and interact
with other intermodal carriers for hazardous materials transfers. It is
not PHMSA's intention to test vendors of electronic communication
technologies or products. To volunteer and be selected as a volunteer,
interested shipper and carrier participants will need to ship and/or
transport hazardous materials within areas of high concentrations of
hazardous materials registrants and hazardous materials incidents. In
addition to the regions and modal criteria, potential participants
must, at a minimum, satisfy the following requirements:
Possess e-system(s) capable of managing and communicating
the hazardous materials shipping paper information at their own
expense,
Possess their own equipment and personnel and/or
contractor resources necessary to transport hazardous materials
shipments,
Be willing to allow, and participate in, inspections and
emergency response simulations during the pilot tests,
Be willing to provide feedback on experiences regarding e-
HM communication during the pilot tests, including providing actual e-
HM communications data from the pilot tests,
Be willing to provide information on the basic function
and capabilities of their e-system(s),
Be willing to provide information on administrative,
business, training, equipment, and operational-related benefits and
costs associated with implementing e-system(s),
Transport hazardous materials within the targeted test
regions of the U.S., and
Be in good standing with all levels of government and
demonstrate compliance with all applicable regulations governing the
safe and secure transportation of hazardous materials.
As part of PHMSA's participant evaluation and selection process,
each shipper and carrier submitting a statement of interest will need
to answer a list of on-line participant questions to verify its
qualifications and capabilities. These questions will help PHMSA select
those shipper and carrier participants that are best positioned to aid
in testing a variety of test scenarios and criteria as specified in
MAP-21. PHMSA anticipates the burden on shipper and carrier volunteers
will be low and will involve the use of on-line questions (no more than
35 questions) with answers to most questions designed to be ``yes,''
``no,'' or multiple choice.
Shipper and Carrier Participant Questions
PHMSA will publish a 30-day Notice in response to comments received
to this 60-day Notice; the 30-day Notice will provide the shipper and
carrier questions for those shippers and carriers who express an
interest in volunteering in the pilot tests. PHMSA will use these
questions to collect the following types of information from each
shipper and carrier volunteer:
Organization's name and general information.
Hazardous material transport role (shipper, carrier, or
both).
Geographic area of business.
Understanding of and ability to satisfy pilot test
requirements and data needs.
Technology of e-system(s).
Capability of e-system(s) (scalability, accessibility,
etc.).
Equipment and process for transmitting data.
Format of electronic data exchange.
Class(es) of HM being shipped.
Type of shipments(s) (less than truck load, bulk, etc.).
Shipment route information (origin, destination, etc.).
Mode(s) of transport associated with shipment(s).
PHMSA does not anticipate that completing the participant questions
will impose a significant burden on shipper and carrier respondents.
PHMSA estimates no more than 80 regulated entities (including those
that have already replied to the web announcement and the additional
volunteers that may reply to this Notice) will be asked to answer a
list of shipper and carrier participant questions. PHMSA estimates it
will take each respondent approximately 30 minutes to answer the list
of participant questions. The resulting estimated total burden is 40
hours (80 respondents x 0.5 hour per respondent = 40 hours) for the
shipper and carrier participant question data collection.
5. Request for Information (Following Selection of Pilot Test
Participants)
PHMSA is seeking to collect: (1) Information and data as part of
the pilot tests to support evaluation; and (2) data and information
outside of the pilot tests for analyzing potential impacts (safety,
security, benefits, and costs) of using e-systems.
PHMSA understands that this information collection effort may
impose a burden on respondents. The information obtained will:
Assist the agency in improving safety, hazard
communication products, and/or hazard communication materials, and in
potentially reducing current burden hours for completing shipping
papers;
Be provided strictly on a voluntary basis; and
Be collected primarily utilizing on-line questions with
answers to most questions designed to be ``yes,'' ``no,'' or multiple
choice.
Volunteer modal inspectors and emergency responders will be
responsible for conducting inspection and emergency response
simulations and the majority of the data collection during the pilot
tests. This approach limits the information burden on regulated
entities, while minimizing information bias. Modal inspectors
(typically law enforcement) will test the feasibility and effectiveness
of e-systems by performing simulated modal inspections of regulated
entities (shippers and carriers) participating in the pilot tests
utilizing e-HM shipping papers. The inspectors will conduct each
simulation following their established inspection protocols using their
own existing equipment and resources. The only difference during the
simulations will be that the shipping paper information will be
communicated electronically. Following each inspection simulation, the
participating inspector will answer a list of on-line questions related
to the simulation and submit to PHMSA a copy of the e-HM shipping paper
received. Emergency responders will follow a similar process to test
the feasibility and effectiveness of e-systems during a simulated
incident response involving HM shipments using electronic shipping
papers. PHMSA will use the answers to the on-line questions and the e-
HM shipping papers provided by the inspectors and emergency responders
to evaluate the feasibility and effectiveness of the e-system involved.
PHMSA plans to administer the questions on-line q, with a maximum
of 50 questions, and with answers to most questions designed to be
``yes,'' ``no,'' or multiple choice. The following sections summarize
the types of information that will be requested as part of the pilot
program.
Shipper and Carrier Information
Shippers and carriers will not be required to answer the list of
on-line inspection and emergency response simulation questions
described in the next section as part the pilot project. However, PHMSA
does anticipate that the information provided by inspectors and
emergency responders in conducting the simulations may
[[Page 43267]]
necessitate follow-up discussions with the shippers and/or carriers
involved. Limited information may need to be collected from shippers
and carriers as a result of these follow-up discussions, potentially
including copies of e-HM shipping papers.
PHMSA does not anticipate that follow-up discussions with shippers
and carriers and the associated information collection will impose a
significant burden on respondents. PHMSA anticipates a total of 30
shippers and carriers (assuming 10 respondents for each of three test
regions) and a burden of no more than four hours per shipper and
carrier for the entirety of the test period. The resulting estimated
total burden is 120 hours (30 respondents x 4.0 hour per respondent =
120 hours) for follow-up discussions and associated information
collection with shippers and carriers.
Inspection Simulation Questions
For each hazardous materials inspection simulation, inspectors (law
enforcement and/or Federal and state modal inspectors) involved in the
simulation will answer a list of online inspection simulation questions
and provide an electronic copy of the hazardous materials shipping
paper they received during the simulation. Analysis of the e-HM
shipping papers for required hazard communication information will
enable PHMSA to verify the integrity of the data transfer. PHMSA will
provide the list of inspection simulation questions with the 30-day
Notice PHMSA will publish in response to comments received to this 60-
day Notice. The inspection simulation questions will be designed to
collect the following types of information:
Organization's name and general information.
Mode of transport inspected during simulation.
Information about the organization's e-system(s).
Activity triggering data transfer.
Process and equipment used for data receipt and
transmission.
Hazardous materials data received from carrier or shipper.
Hazardous materials data transmitted (to home office,
other entity, etc.).
Electronic data exchange format used.
Actual time for data receipt (and transmission, if
applicable).
Human involvement.
``Readability'' of data.
Electronic connectivity.
Impacts to stakeholders (regulated entities, law
enforcement, emergency responders, and the public).
Impediments to using e-systems.
Actual and potential benefits realized by stakeholders
(regulated entities, law enforcement, emergency responders, and the
public).
PHMSA does not anticipate that answering the list of inspection
simulation questions will impose a significant burden on inspectors.
PHMSA anticipates no more than 240 inspection simulations will be
conducted (encompassing all pilot tests, all participants, and each
test region throughout the entirety of the test period), resulting in a
total of 240 respondents. PHMSA estimates it will take each inspector
approximately 60 minutes to answer the list of inspection simulation
questions and to submit a copy of the e-HM shipping paper to PHMSA. The
resulting estimated total burden is 240 hours (240 respondents x 1.0
hour per respondent = 240 hours) for the inspection simulation question
data collection.
Emergency Response Simulation Questions
For each hazardous materials emergency response simulation,
emergency response providers and/or investigators involved in the
simulation will answer a list of online emergency response simulation
questions and provide an electronic copy of the hazardous materials
shipping paper as received during the simulation. Analysis of the e-HM
shipping papers for required hazard communication information will
enable PHMSA to verify the integrity of the data transfer. PHMSA will
provide the list of emergency response simulation questions with the
30-day Notice PHMSA will publish in response to comments received to
this 60-day Notice. The emergency response simulation questions will be
designed to collect the following types of information:
Organization's name and general information.
Mode of transport involved in the emergency response
simulation.
Information about the emergency response organization's e-
system(s).
Activity triggering data transfer.
Process and equipment used for data receipt and
transmission.
Hazardous materials data received from carrier or shipper.
Hazardous materials data transmitted (to first responders,
etc.).
Electronic data exchange format used.
Actual time for data receipt (and transmission, if
applicable).
Human involvement.
``Readability'' of data.
Electronic connectivity.
Impacts to stakeholders (regulated entities, law
enforcement, emergency responders, and the public).
Impediments to using e-systems.
Actual and potential benefits realized by stakeholders
(regulated entities, law enforcement, emergency responders, and the
public).
PHMSA does not anticipate that answering the list of emergency
response simulation questions will impose a significant burden on
investigators and emergency responders. PHMSA anticipates no more than
12 emergency response simulations will be conducted, resulting in a
total of no more than 24 respondents (12 emergency response providers
and 12 investigators). PHMSA estimates it will take each respondent
approximately 60 minutes to answer the list of emergency response
simulation questions and to submit a copy of the electronic shipping
paper to PHMSA. The resulting estimated total burden is 24 hours (24
respondents x 1.0 hour per respondent = 24 hours) for the emergency
response simulation question data collection.
Impact Analysis Questions
PHMSA is seeking to collect information and data from shippers,
carriers, law enforcement, and emergency responders to aid in the
assessment of potential impacts associated with using e-systems for
each mode of transportation, as required under MAP-21. Potential
impacts to be assessed include benefits, costs, safety, and security
impacts on the public, emergency responders, and law enforcement.
Similar to the pilot test simulation questions, PHMSA is planning to
develop a list of impact analysis questions to be administered on-line,
with a maximum of 75 questions, with answers to most questions designed
to be ``yes,'' ``no,'' or multiple choice. PHMSA anticipates the list
of impact analysis questions will not be limited to pilot test
participants but will be available to all hazardous materials
stakeholders to voluntarily answer. PHMSA will post the list of online
impact analysis questions to the HM-ACCESS public Web site and
distribute to industry via the HM-ACCESS email serve list. PHMSA will
provide the list of impact analysis questions with the 30-day Notice
PHMSA will publish in response to comments received to this 60-day
Notice. The following list summarizes the types of information PHMSA
plans to request as part of the impact analysis questions:
Costs for required technology, including up-front capital
costs for
[[Page 43268]]
equipment and ongoing costs for operations and maintenance (including
telecommunications, any third-party service providers, maintenance of
equipment, etc.).
Costs for training personnel.
Costs for conducting outreach/education to customers on
the new approach.
Changes in administrative costs and time requirements for:
Generating e-HM shipping papers (vs. current hardcopy
approach), including data entry.
Filing, storing, and retrieving hardcopy shipping papers.
Coordinating between shipper and carrier and between
different carriers/modes in the supply chain (e.g., any changes in the
paperwork that is created when a shipment goes from rail to truck).
Impacts on operations (e.g. transport times, vehicle
utilization, employee productivity, etc.).
Any associated changes to other business processes (e.g.,
switching from paper to electronic invoices) and their costs/impacts.
Changes in error rates for shipping papers.
Information on the administrative, business, training,
equipment, and operational-related costs and benefits associated with
implementing e-system(s).
Insurance and risk management issues/cost impacts.
Any associated information that must be included to
communicate hazard information.
Limitation of e-system capability to communicate
information and identifying the redundancy if failure exists.
Information concerning the release of commercially-
sensitive information.
Unintentional release of information from unauthorized
access.
PHMSA does not anticipate that answering the list of impact
analysis questions will impose a significant burden on respondents
(shippers, carriers, law enforcement, and emergency responders). PHMSA
estimates no more than 200 respondents will complete the impact
analysis questions, and that it will take each respondent approximately
90 minutes to answer the questions. The resulting estimated total
burden is 300 hours (200 respondents x 1.5 hours per respondent = 300
hours) for the impact analysis question data collection.
The information previously described is intended to ensure that
evaluation and feasibility reports focus on results and include
quantitative data on the recommendation and possible implementation of
e-systems into the Federal hazardous materials transportation safety
program. This information and data will enable PHMSA to more accurately
assess the safety and security impacts of using e-systems and to
analyze the associated benefits and cost of using the e-systems.
6. Total Information Collection Burden
The total information collection burden for the Paperless Hazard
Communication Pilot Program is as follows:
Participant Questions:........ 80 respondents x 0.5 = 40 hours
hr..
Shipper and Carrier 30 respondents x 4.0 = 120 hours
Information:. hr..
Inspection Questions:......... 240 respondents x = 240 hours
1.0 hr..
Emergency Response Questions:. 24 respondents x 1.0 = 24 hours
hr..
Impact Analysis Questions:.... 200 respondents x = 300 hours
1.5 hr..
Total Information Collection 574 respondents..... ... 724 hours
Burden:.
Title: Paperless Hazard Communications Pilot Program.
Type of Request: Request for Comments to Information Collection
Burden for Paperless Hazard Communications Pilot Program.
Abstract: PHMSA is submitting an information collection to OMB in
support of a paperless hazard communications pilot program under Title
III, Section 33005 of the Hazardous Materials Transportation Safety
Improvement Act of 2012 (MAP-21).
Affected Public: Carriers, Shippers, Emergency Response Providers,
and Law Enforcement Personnel
Estimated Number of Respondents: 574.
Estimated Number of Responses: 574.
Estimated Annual Burden Hours: 724.
Estimated Annual Burden Costs: $24,300.
Frequency of collection: Single occasion.
Issued in Washington, DC, on July 16, 2013.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2013-17363 Filed 7-18-13; 8:45 am]
BILLING CODE 4910-60-P