[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Pages 27009-27012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10429]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2021-0055 (Notice No. 2021-04)]


Hazardous Materials: Information Collection Activities

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

ACTION: Notice and request for comments.

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

DATES: Interested persons are invited to submit comments on or before 
July 19, 2021.

ADDRESSES: You may submit comments identified by the Docket Number 
PHMSA-2021-0055 (Notice No. 2021-04) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200

[[Page 27010]]

New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: To the Docket Management System; Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue 
SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and 
Docket Number (PHMSA-2021-0055) 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 the 
Federal Docket Management System (FDMS) and will include any personal 
information you provide.
    Requests for a copy of an information collection should be directed 
to Steven Andrews or Shelby Geller, Standards and Rulemaking Division, 
(202) 366-8553, [email protected], Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001.
    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).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Confidential Business Information: Confidential Business 
Information (CBI) is commercial or financial information that is both 
customarily and actually treated as private by its owner. Under the 
Freedom of Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from 
public disclosure. If your comments responsive to this notice contain 
commercial or financial information that is customarily treated as 
private, that you actually treat as private, and that is relevant or 
responsive to this notice, it is important that you clearly designate 
the submitted comments as CBI. Please mark each page of your submission 
containing CBI as ``PROPIN.'' PHMSA will place any redacted portions of 
those submissions in the public docket of this notice. Submissions 
containing CBI should be sent to Steven Andrews or Shelby Geller, 
Standards and Rulemaking Division and addressed to the Pipeline and 
Hazardous Materials Safety Administration, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or 
[email protected]. Any commentary that PHMSA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this notice.

FOR FURTHER INFORMATION CONTACT: Steven Andrews or Shelby Geller, 
Standards and Rulemaking Division, (202) 366-8553, [email protected], 
Pipeline and Hazardous Materials Safety Administration, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001.

SUPPLEMENTARY INFORMATION: Section 1320.8(d), title 5, Code of Federal 
Regulations (CFR) 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 the 
Office of Management and Budget (OMB) for renewal and extension. These 
information collections are contained in 49 CFR 171.6 of 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 3-year term of approval for each 
information collection activity and will publish a notice in the 
Federal Register upon OMB's approval.
    PHMSA requests comments on the following information collections:
    Title: Rulemaking, Special Permits, and Preemption Requirements.
    OMB Control Number: 2137-0051.
    Summary: This information collection applies to procedures for 
requesting changes, exceptions, and other determinations in relation to 
the HMR. Specific areas covered in this information collection include 
part 105, subparts A and 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. PHMSA is 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 PHMSA 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. Petitions submitted to PHMSA are 
required to contain information as specified by Sec.  106.100 of the 
HMR.
    (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) Applications for Special Permit: 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. Under this OMB 
control number, applicants may apply for a new special permit, renew or 
modify an existing special permit, or request party status to a special 
permit. These procedures can be found in part 107, subpart B of the 
HMR.
    (4) Applications for Preemption Determination: With the exception 
of highway routing matters covered under 49 U.S.C. 5125(c), any person 
directly affected by any requirement of a State, political subdivision, 
or Native American Tribe may apply to the Chief Counsel for a 
determination whether that requirement is preempted by Sec.  
107.202(a), (b), or (c). The application must include the text of the 
State, political subdivision, or Native American Tribe requirement for 
which the determination is sought; specify each requirement of the 
Federal hazardous materials transportation law, regulations issued 
under the Federal hazardous material transportation law, or hazardous 
material transportation security regulations or directives issued by 
the Secretary of Homeland Security with which the applicant seeks the 
State, political subdivision, or Native

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American Tribe requirement to be compared; explain why the applicant 
believes the State, political subdivision, or Native American Tribe 
requirement should or should not be preempted under the standards of 
Sec.  107.202; and state how the applicant is affected by the State, 
political subdivision, or Native American Tribe requirement.
    (5) Waivers of Preemption: With the exception of requirements 
preempted under 49 U.S.C. 5125(c), any person may apply to the Chief 
Counsel for a waiver of preemption with respect to any requirement 
that: (1) The State, political subdivision thereof, or Native American 
Tribe acknowledges to be preempted under the Federal hazardous 
materials transportation law, or (2) has been determined by a court of 
competent jurisdiction to be so preempted. The Chief Counsel 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 requirements of the Federal hazardous 
materials 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 help PHMSA 
determine if a regulatory 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. Additionally, PHMSA uses information from preemption 
procedures 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. The following information collections and their burdens are 
associated with this OMB Control Number.

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                                                       Total annual                                Total annual
       Information collection           Respondents      responses         Time per response       burden hours
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Petition for Rulemaking.............              20              20  8 hours...................             160
New Special Permit Application......             168             168  7 hours...................           1,176
Party Status Special Permit                      576             576  1.5 hours.................             864
 Application.
Renewal Special Permit Application..             936             936  1.5 hours.................           1,404
Modification Special Permit                      132             132  1 hour....................             132
 Application.
Special Permit Application--                   1,852           1,852  6 minutes.................             185
 Recordkeeping.
Designated Agent for Special Permit              100             100  2 hours...................             200
 Application.
Confidential Handling for Special                 31              31  15 minutes................            7.75
 Permit Application.
Preemption..........................               2               2  60 hours..................             120
Preemption Reconsideration..........               1               1  30 hours..................              30
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    Affected Public: Shippers, carriers, packaging manufacturers, and 
other affected entities.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 3,818.
    Total Annual Responses: 3,818.
    Total Annual Burden Hours: 4,278.75.
    Frequency of Collection: On occasion.

    Title: Flammable Cryogenic Liquids.
    OMB Control Number: 2137-0542.
    Summary: Provisions in Sec.  177.840(a)(2) specify certain safety 
procedures and documentation requirements for drivers of motor vehicles 
transporting flammable cryogenic liquids. This information allows the 
driver to take appropriate remedial actions to prevent a catastrophic 
release of the flammable cryogenics should the temperature of the 
material begin to rise excessively or if the travel time will exceed 
the safe travel time. These requirements are intended to ensure a high 
level of safety when transporting flammable cryogenics due to their 
extreme flammability and high compression ratio when in a liquid state. 
The following information collections and their burdens are associated 
with this OMB Control Number.

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                                                       Total annual                                Total annual
       Information collection           Respondents      responses         Time per response       burden hours
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Flammable Cryogenic Liquids.........             175          18,200  3.5 minutes...............           1,062
Flammable Cryogenic Liquids--                    175          18,200  30 seconds................             152
 Recordkeeping.
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    Affected Public: Carriers of cryogenic materials.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 350.
    Total Annual Responses: 36,400.
    Total Annual Burden Hours: 1,214.
    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 damaged the 
marine environment of the United States. Under authority of the Federal 
Water Pollution Control Act, as amended by the Oil Pollution Act of 
1990 (33 U.S.C. 1251 et seq.), PHMSA issued regulations in 49 CFR part 
130 that require preparation of written spill response plans. The 
following information collections and their burdens are associated with 
this OMB Control Number.

[[Page 27012]]



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                                                       Total annual                                Total annual
       Information collection           Respondents      responses         Time per response       burden hours
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Basic Written Response Plan--New                  80              80  33 hours..................           2,640
 Plans.
Basic Written Response Plan--                  7,920           7,920  1 hour....................           7,920
 Updating Plans.
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    Affected Public: Carriers that transport oil in bulk, by motor 
vehicle or rail.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 8,000.
    Total Annual Responses: 8,000.
    Total Annual Burden Hours: 10,560.
    Frequency of Collection: On occasion.

    Title: Requirements for United Nations (UN) Cylinders.
    OMB Control Number: 2137-0621.
    Summary: This information collection and recordkeeping burden is 
the result of efforts to amend the HMR to adopt standards for the 
design, construction, maintenance, and use of cylinders and multiple-
element gas containers (MEGCs) based on the standards contained in the 
UN Recommendations on the Transport of Dangerous Goods. Aligning the 
HMR with the UN Recommendations promotes flexibility, permits the use 
of technological advances for the manufacture of the pressure 
receptacles, provides for a broader selection of pressure receptacles, 
reduces the need for special permits, and facilitates international 
commerce in the transportation of compressed gases. Information 
collection requirements address domestic and international 
manufacturers of cylinders that request approval by the approval agency 
for cylinder design types. The approval process for each cylinder 
design type includes review, filing, and recordkeeping of the approval 
application. The approval agency is required to maintain a set of the 
approved drawings and calculations for each design it reviews and a 
copy of each initial design type approval certificate approved by the 
Associate Administrator for the Office of Hazardous Materials Safety 
for not less than 20 years. The following information collections and 
their burdens are associated with this OMB Control Number.

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                                                       Total annual                                Total annual
       Information collection           Respondents      responses         Time per response       burden hours
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UN Pressure Receptacle Approval--New              35              35  6 hours...................             210
 Request.
UN Pressure Receptacle Approval--                100             100  6 hours...................             600
 Modified Request.
UN Pressure Receptacle Approval--                 75              75  6 minutes.................             7.5
 Recordkeeping.
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    Affected Public: Fillers, owners, users, and retesters of UN 
cylinders.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 210.
    Total Annual Responses: 210.
    Total Annual Burden Hours: 817.5.
    Frequency of Collection: On occasion.

    Issued in Washington, DC, on May 10, 2021, under authority 
delegated in 49 CFR 1.97.
William A. Quade,
Deputy Associate Administrator of Hazardous Materials Safety, Pipeline 
and Hazardous Materials Safety Administration.
[FR Doc. 2021-10429 Filed 5-17-21; 8:45 am]
BILLING CODE 4910-60-P