65FR37454 Reports, Forms and Recordkeeping Requirements Agency Information Collection Activity Under OMB Review
robop...@us.govnews.org
Posting-number: Volume 65, Issue 115, Page 37454
[Federal Register: June 14, 2000 (Volume 65, Number 115)]
[Notices]
[Page 37454-37456]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jn00-133]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
[Docket No. RSPA-2000-6944 (Notice No. 00-6)]
Reports, Forms and Recordkeeping Requirements Agency Information
Collection Activity Under OMB Review
AGENCY: Research and Special Programs Administration (RSPA), 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 (ICRs) 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. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collections of information was
published on April 5, 2000, [17940-17943].
DATES: Comments must be submitted on or before July 14, 2000.
FOR FURTHER INFORMATION CONTACT: Deborah Boothe, Office of Hazardous
Materials Standards (DHM-10), Research and Special Programs
Administration, Room 8422, 400 Seventh Street, SW, Washington, DC
20590-0001, Telephone (202) 366-8553.
SUPPLEMENTARY INFORMATION:
Title: Rail Carriers and Tank Car Tanks Requirements.
OMB Control Number: 2137-0559.
Type of Request: Extension of a currently approved collection.
Abstract: This information collection consolidates and describes
the information collection provisions in parts 172, 173, 174, 179, and
180 of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180)
on the transportation of hazardous materials by rail and the
manufacture, qualification, maintenance and use of tank cars. The types
of information collected include:
(1) Approvals of the Association of American Railroads (AAR) Tank
Car Committee: An approval is required from the AAR Tank Car Committee
for a tank car to be used for a commodity other than those specified in
part 173 and on the certificate of construction. This information is
used to ascertain whether a commodity is suitable for transportation in
a tank car. AAR approval also is required for an application for
approval of designs, materials and construction, conversion or
alteration of tank car tanks constructed to a specification in part 179
or an application for construction of tank cars to any new
specification. This information is used to ensure that the design,
construction or modification of a tank car or the construction of a
tank car to a new specification is performed in accordance with the
applicable requirements.
(2) Progress Reports: Each owner of a tank car that is required to
be modified to meet certain requirements specified in Sec. 173.31(b)
must submit a progress report to the Federal Railroad Administration
(FRA). This information is used by FRA to ensure that all affected tank
cars are modified before the regulatory compliance date.
(3) FRA Approvals: An approval is required from FRA to transport a
bulk packaging (such as a portable tank, IM portable tank, intermediate
bulk container, cargo tank, or multi-unit tank car tank) containing a
hazardous material in container-on-flat-car or trailer-on-flat-car
service other than as authorized by Sec. 174.63. FRA uses this
information to ensure that the bulk package is properly secured using
an adequate restraint system during transportation. Also an FRA
approval is required for the movement of any tank car that does not
conform to the applicable requirements in the HMR. RSPA proposed
(September 30 1999; 64 FR 53169) to broaden this provision to include
the movement of covered hopper cars, gondola cars, and other types of
railroad equipment when they no longer conform to Federal law but may
safely be moved to a repair location. These latter movements are
currently being reported under the information collection for exemption
applications.
(4) Manufacturer Reports and Certificate of Construction: These
documents are prepared by tank car manufacturers and are used by
owners, users and FRA personnel to verify that rail tank cars conform
to the applicable specification.
(5) Quality Assurance Program: Facilities that build, repair and
ensure the structural integrity of tank cars are required to develop
and implement a quality assurance program. This information is used by
the facility and DOT compliance personnel to ensure that each tank car
is constructed or
[[Page 37455]]
repaired in accordance with the applicable requirements.
(6) Inspection Reports: A written report must be prepared and
retained for each tank car that is inspected and tested in accordance
with Sec. 180.509 of the HMR. Rail carriers, users, and the FRA use
this information to ensure that rail tank cars are properly maintained
and in safe condition for transporting hazardous materials.
Affected Public: Manufacturers, owners and rail carriers of tank
cars.
Estimated Number of Respondents: 260.
Estimated Number of Responses: 16,640.
Annual Estimated Burden Hours: 2,759.
Frequency of Collection: Annually.
Title: Requirements for Cargo Tanks
OMB Control Number: 2137-0014
Type of Request: Extension of a currently approved collection.
Abstract: 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. Also it 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 be registered
with DOT by furnishing information relative to their qualifications to
perform the functions in accordance with the HMR. The registration
statements are used to identify these persons so that DOT can ensure
that they have 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.
(3) Manufacturers' Data Reports, Certificates and Related Papers:
These reports are prepared by cargo tank manufacturers, 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.
Estimated Number of Respondents: 41,366.
Estimated Number of Responses: 132,600.
Annual Estimated Burden Hours: 106,262.
Frequency of Collection: Periodically.
Title: Rulemaking, Exemption, 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 106, Subpart B, ``Procedures for
Adoption of Rules,'' Part 107, subpart B, ``Exemptions,'' 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. RSPA is authorized to accept petitions for rulemaking and for
reconsideration of rulemakings, 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 Associate
Administrator for Hazardous Materials Safety to establish, amend, or
repeal a substantive regulation, or may petition the Chief Counsel to
establish, amend, or repeal a procedural regulation in Part 106 or 107.
(2) Petitions for Reconsideration: Except as provided in
Sec. 106.39(d), any person may petition the Associate Administrator for
reconsideration of any regulation issued under Part 106, or may
petition the Chief Counsel for reconsideration of any procedural
regulation issued under Part 106 and contained in Part 106 or 107.
(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 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 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 Sec. 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 the State or political subdivision thereof or an
Indian tribe acknowledges to be preempted under the Federal hazardous
material transportation law or the regulations issued thereunder, or
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 RSPA 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 A of Part 106. Applications for exemptions,
preemption determinations and waivers of preemption are covered
Subparts B and C of Part 107. Rulemaking procedures enable RSPA to
determine if a rule change is necessary, is consistent with public
interest, and maintains a level of safety equal to or superior to
[[Page 37456]]
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 RSPA 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.
Estimated Number of Respondents: 3,304.
Estimated Number of Responses: 4,294.
Annual Estimated Burden Hours: 4,219.
Frequency of Collection: Periodically.
Title: Approvals for Hazardous Materials.
OMB No.: 2137-0557.
Type of Request: Revision of a currently approved collection.
Abstract: This information collection consolidates and describes
the information collection provisions in parts 107, 172,173, 174,176,
and 178 regarding requirements for approvals for hazardous materials in
the HMR. Responses to these information collection requirements are
required to obtain benefits, such as to become an approval or
certification agency or to obtain a variance from packaging or handling
requirements based on information provided by the respondent. The types
of information collected include: applications to become designated
approval agencies, independent cylinder testing agencies, and foreign
manufacturers of cylinders; applications for approval of
classifications of new explosives; applications for safety
determinations to the adequacy of old packagings for materials with
special hazards; applications to allow the regulated public to use
alternative packagings or test methods; etc. The information collected
is used to:
(1) Determine whether applicants who apply to become designated
approval agencies are qualified to evaluate package design, test
packages, classify hazardous materials, etc.;
(2) Verify that various containers and special loading requirements
for vessels meet the requirements of the HMR;
(3) Assure that regulated hazardous materials pose no danger to
life and property during transportation; and
(4) Allow minor variations to regulatory requirements (as
specifically authorized by regulation), based on information provided
by respondents, without requiring the respondent to apply using less
timely and more burdensome exemption procedures.
Affected Public: Businesses and other entities who must meet the
approval requirements in the HMR.
Estimated Number of Respondents: 3,518.
Estimated Number of Responses: 3,869.
Annual Estimated Burden Hours: 18,381.
Frequency of Collection: On occasion.
ADDRESSES: Send comments regarding the burden estimate, including
suggestions for reducing the burden, to Office of Management and
Budget, Attention: Desk Officer for RSPA, 725 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 June 8, 2000.
Edward T. Mazzullo,
Director, Office of Hazardous Materials Standards.
[FR Doc. 00-14908 Filed 6-13-00; 8:45 am]
BILLING CODE 4910-60-P