Information Collection Activities, 79561-79563 [2013-31162]
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Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices
there are no domestic manufacturers
that could meet a 100 percent domestic
steel and iron content for the 112 State
requests regarding specific vehicle
projects (including sedans, vans,
pickups, SUVs, trucks, buses, and
equipment, such as backhoes, street
sweepers, and tractors and low emission
locomotives).
The FHWA’s Buy America
requirement was initially established in
1983 when the acquisition of vehicles
was not eligible for assistance under the
Federal-aid highway program. As such,
the FHWA’s Buy America requirements
were tailored to the types of products
that are typically used in highway
construction, which generally meet a
100 percent domestic steel and iron
content requirement. Vehicles were not
the types of products that were initially
envisioned as being purchased with
Federal-aid highway funds when Buy
America was first enacted. In today’s
global industry, vehicles are assembled
with components that are made all over
the world. The FHWA is not aware of
any vehicle on the market that can claim
to incorporate 100 percent domestic
steel and iron content. For instance, the
Chevy Volt, which was identified by
many commenters in a November 21,
2011, Federal Register Notice (76 FR
72027) as being a car that is made in the
United States, comprises only 40
percent United States and Canada
content according to the window sticker
(https://www.cheersandgears.com/
uploads/1298005091/med_gallery_
51_113_449569.png). There is no
indication of how much of this 40
percent United States/Canadian content
is United States-made content.
However, there is an indication on the
window sticker concerning whether the
Volt was assembled in the United
States.
While the manufacture of steel and
iron products that are typically used in
highway construction (such as pipe,
rebar, struts, and beams) generally refers
to the various processes that go into
actually making the entire product, the
manufacture of vehicles typically refers
to where the vehicle is assembled. Thus,
given the inherent differences in the
types of products that are typically used
in highway construction and vehicles,
we feel that simply waiving the Buy
America requirement, which is based on
the domestic content of the product,
without any regard to where the vehicle
is assembled would diminish the
purpose of the Buy America
requirement. Moreover, in today’s
economic environment, the Buy
America requirement is especially
significant in that it will ensure that
Federal Highway Trust Fund (HTF)
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dollars are used to support and create
jobs in the United States.
While the FHWA has not located a
vehicle that meets a 100 percent
domestic iron and steel content
requirement, the FHWA does not find
that a complete waiver based on nonavailability pursuant to 23 U.S.C.
313(b)(2) is appropriate. However, the
FHWA also recognizes that at least a
partial waiver is necessary in order to
permit the State DOTs to proceed with
the projects. The FHWA believes that a
partial waiver that allows the public
agencies to purchase vehicles so long as
the final assembly of the vehicle as the
end product occurs in the United States
is appropriate. This approach is similar
to the partial waivers previously given
for various vehicle projects.
In conclusion, and in light of the
above, pursuant to 23 U.S.C. 313(b)(1),
the FHWA finds that it is in the public
interest to grant a partial waiver from
the general 100 percent domestic
content requirement that applies to
Federal-aid highway projects under Buy
America. Under this partial waiver,
however, the final assembly of any
vehicles purchased with HTF funds
must occur in the United States. Thus,
so long as the final assembly of the 112
vehicle projects (including sedans, vans,
pickups, SUVs, trucks, buses, and
equipment, such as backhoes, street
sweepers, and tractors) occurs in the
United States, applicants to this waiver
request may proceed to purchase these
vehicles and equipment consistent with
the Buy America requirement.
In accordance with the provisions of
section 117 of the SAFETEA–LU
Technical Corrections Act of 2008 (Pub.
L. 110–244, 122 Stat. 1572), the FHWA
is providing this notice as its finding
that a partial waiver of Buy America
requirements is appropriate. The FHWA
invites public comment on this finding
for an additional 15 days following the
effective date of the finding. Comments
may be submitted to the FHWA’s Web
site via the link provided to the waiver
page noted above.
Authority: (Authority: 23 U.S.C. 313; Pub.
L. 110–161, 23 CFR 635.410)
Issued on: December 23, 2013.
Victor M. Mendez,
Administrator.
[FR Doc. 2013–31236 Filed 12–27–13; 8:45 am]
BILLING CODE 4910–22–P
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79561
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2013–0002 (Notice No.
13–22)]
Information Collection Activities
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Notice and request for
comments.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Requests (ICR) abstracted
below will be 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
these collections of information was
published in the Federal Register on
October 25, 2013 [78 FR 64049] under
Docket No. PHMSA–2013–0002 (Notice
No. 13–14).
DATE: Interested persons are invited to
submit comments on or before January
29, 2014.
ADDRESSES: Send comments regarding
the burden estimate, including
suggestions for reducing the burden, to
the Office of Management and Budget
(OMB), Attention: Desk Officer for
PHMSA, 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.
Instructions: All submissions must
include the agency name and docket
number or Regulation Identification
Number (RIN) for this notice. Internet
users may access comments received by
DOT at: https://www.regulations.gov.
Note that comments received will be
posted without change to: https://
SUMMARY:
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Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices
www.regulations.gov including any
personal information provided.
Requests for a copy of an information
collection should be directed to Steven
Andrews or T. Glenn Foster, 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.
FOR FURTHER INFORMATION CONTACT:
Steven Andrews or T. Glenn Foster,
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 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 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 three-year term of approval for
each information collection activity and,
when approved by OMB, publish a
notice of the approval in the Federal
Register.
PHMSA requests comments on the
following information collections:
Title: Inspection and Testing of
Portable Tanks and Intermediate Bulk
Containers.
OMB Control Number: 2137–0018.
Summary: This information collection
consolidates provisions for
documenting qualifications,
inspections, tests, and approvals
pertaining to the manufacture and use of
portable tanks and intermediate bulk
containers under various provisions of
the HMR. It is necessary to ascertain
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whether portable tanks and intermediate
bulk containers have been qualified,
inspected, and retested in accordance
with the HMR. The information is used
to verify that certain portable tanks and
intermediate bulk containers meet
required performance standards prior to
their being authorized for use, and to
document periodic requalification and
testing to ensure the packagings have
not deteriorated due to age or physical
abuse to a degree that would render
them unsafe for the transportation of
hazardous materials.
Affected Public: Manufacturers and
owners of portable tanks and
intermediate bulk containers.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 8,770.
Total Annual Responses: 86,100.
Total Annual Burden Hours: 66,390.
Frequency of collection: On occasion.
Title: Rulemaking and Special Permit
Petitions.
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, ‘‘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 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.
(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
§§ 106.110 through 106.130.
(3) Application 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
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activity), including as appropriate,
written descriptions, drawings, flow
charts, plans and other supporting
documents, etc.
(4) Application 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 Indian tribe
may apply to the Chief Counsel for a
determination whether that requirement
is preempted by § 107.202(a), (b) or (c).
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
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
or political subdivision or Indian tribe
requirement to be compared; explain
why the applicant believes the State or
political subdivision or Indian tribe
requirement should or should not be
preempted under the standards of
§ 107.202; and state how the applicant
is affected by the State or political
subdivision or Indian 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 or
political subdivision thereof or Indian
tribe acknowledges to be preempted
under the Federal hazardous materials
transportation law, or (2) that 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,
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Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices
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.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 3,304.
Total Annual Responses: 4,294.
Total Annual Burden Hours: 4,899.
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.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 3,817.
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Total Annual Responses: 21,519.
Total Annual Burden Hours: 15,270.
Frequency of collection: On occasion.
Title: Hazardous Materials Public
Sector Training and Planning Grants.
OMB Control Number: 2137–0586.
Summary: Part 110 of 49 CFR sets
forth the procedures for reimbursable
grants for public sector planning and
training in support of the emergency
planning and training efforts of States,
Indian tribes, and local communities to
manage hazardous materials
emergencies, particularly those
involving transportation. Sections in
this part address information collection
and recordkeeping with regard to
applying for grants, monitoring
expenditures, and reporting and
requesting modifications.
Affected Public: State and local
governments, Indian tribes.
Annual Reporting and Recordkeeping
Burden:
Annual Respondents: 68.
Annual Responses: 68.
Annual Burden Hours: 5,290.
Frequency of collection: On occasion.
Title: Cargo Tank Motor Vehicles in
Liquefied Compressed Gas Service.
OMB Control Number: 2137–0595.
Summary: These information
collection and recordkeeping
requirements pertain to the
manufacture, certification, inspection,
repair, maintenance, and operation of
certain Department of Transportation
(DOT) specification and nonspecification cargo tank motor vehicles
used to transport liquefied compressed
gases. These requirements are intended
to ensure cargo tank motor vehicles
used to transport liquefied compressed
gases are operated safely, and to
minimize the potential for catastrophic
releases during unloading and loading
operations. They include: (1)
Requirements for operators of cargo tank
motor vehicles in liquefied compressed
gas service to develop operating
procedures applicable to unloading
operations and carry the operating
procedures on each vehicle; (2)
inspection, maintenance, marking, and
testing requirements for the cargo tank
discharge system, including delivery
hose assemblies; and (3) requirements
for emergency discharge control
equipment on certain cargo tank motor
vehicles transporting liquefied
compressed gases that must be installed
and certified by a Registered Inspector.
Affected Public: Carriers in liquefied
compressed gas service, manufacturers
and repairers.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 6,958.
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79563
Total Annual Responses: 920,538.
Total Annual Burden Hours: 200,914.
Frequency of collection: On occasion.
Delmer F. Billings,
Senior Regulatory Advisor, Standards and
Rulemaking Division.
[FR Doc. 2013–31162 Filed 12–27–13; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0492]
Proposed Information Collection (VA
MATIC Authorization); Comment
Request
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
The Veterans Benefits
Administration (VBA), Department of
Veterans Affairs (VA), is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of a currently approved
collection, and allow 60 days for public
comment in response to this notice.
This notice solicits comments for
information needed to deduct insurance
premiums from policyholder’s bank
account.
SUMMARY:
Written comments and
recommendations on the proposed
collection of information should be
received on or before February 28, 2014.
ADDRESSES: Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS) at www.Regulations.gov; or to
Nancy J. Kessinger, Veterans Benefits
Administration (20M33), Department of
Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420 or email
nancy.kessinger@va.gov. Please refer to
‘‘OMB Control No. 2900–0492’’ in any
correspondence. During the comment
period, comments may be viewed online
through FDMS.
FOR FURTHER INFORMATION CONTACT:
Nancy J. Kessinger at (202) 632–8924 or
FAX (202) 632–8925.
SUPPLEMENTARY INFORMATION: Under the
PRA of 1995 (Pub. L. 104–13; 44 U.S.C.
3501–3521), Federal agencies must
obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
DATES:
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]]>Agencies
[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Notices]
[Pages 79561-79563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31162]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2013-0002 (Notice No. 13-22)]
Information Collection Activities
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Requests (ICR)
abstracted below will be 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
these collections of information was published in the Federal Register
on October 25, 2013 [78 FR 64049] under Docket No. PHMSA-2013-0002
(Notice No. 13-14).
DATE: Interested persons are invited to submit comments on or before
January 29, 2014.
ADDRESSES: Send comments regarding the burden estimate, including
suggestions for reducing the burden, to the Office of Management and
Budget (OMB), Attention: Desk Officer for PHMSA, 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.
Instructions: All submissions must include the agency name and
docket number or Regulation Identification Number (RIN) for this
notice. Internet users may access comments received by DOT at: https://www.regulations.gov. Note that comments received will be posted without
change to: https://
[[Page 79562]]
www.regulations.gov including any personal information provided.
Requests for a copy of an information collection should be directed
to Steven Andrews or T. Glenn Foster, 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.
FOR FURTHER INFORMATION CONTACT: Steven Andrews or T. Glenn Foster,
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 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 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 three-year term of approval for each information collection
activity and, when approved by OMB, publish a notice of the approval in
the Federal Register.
PHMSA requests comments on the following information collections:
Title: Inspection and Testing of Portable Tanks and Intermediate
Bulk Containers.
OMB Control Number: 2137-0018.
Summary: This information collection consolidates provisions for
documenting qualifications, inspections, tests, and approvals
pertaining to the manufacture and use of portable tanks and
intermediate bulk containers under various provisions of the HMR. It is
necessary to ascertain whether portable tanks and intermediate bulk
containers have been qualified, inspected, and retested in accordance
with the HMR. The information is used to verify that certain portable
tanks and intermediate bulk containers meet required performance
standards prior to their being authorized for use, and to document
periodic requalification and testing to ensure the packagings have not
deteriorated due to age or physical abuse to a degree that would render
them unsafe for the transportation of hazardous materials.
Affected Public: Manufacturers and owners of portable tanks and
intermediate bulk containers.
Annual Reporting and Recordkeeping Burden:
Number of Respondents: 8,770.
Total Annual Responses: 86,100.
Total Annual Burden Hours: 66,390.
Frequency of collection: On occasion.
Title: Rulemaking and Special Permit Petitions.
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, ``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 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.
(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 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.
(4) Application 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 Indian 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 or political
subdivision or Indian 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 or political
subdivision or Indian tribe requirement to be compared; explain 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 state how the applicant is affected by the State or
political subdivision or Indian 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 or political subdivision thereof or Indian tribe
acknowledges to be preempted under the Federal hazardous materials
transportation law, or (2) that 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,
[[Page 79563]]
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.
Annual Reporting and Recordkeeping Burden:
Number of Respondents: 3,304.
Total Annual Responses: 4,294.
Total Annual Burden Hours: 4,899.
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.
Annual Reporting and Recordkeeping Burden:
Number of Respondents: 3,817.
Total Annual Responses: 21,519.
Total Annual Burden Hours: 15,270.
Frequency of collection: On occasion.
Title: Hazardous Materials Public Sector Training and Planning
Grants.
OMB Control Number: 2137-0586.
Summary: Part 110 of 49 CFR sets forth the procedures for
reimbursable grants for public sector planning and training in support
of the emergency planning and training efforts of States, Indian
tribes, and local communities to manage hazardous materials
emergencies, particularly those involving transportation. Sections in
this part address information collection and recordkeeping with regard
to applying for grants, monitoring expenditures, and reporting and
requesting modifications.
Affected Public: State and local governments, Indian tribes.
Annual Reporting and Recordkeeping Burden:
Annual Respondents: 68.
Annual Responses: 68.
Annual Burden Hours: 5,290.
Frequency of collection: On occasion.
Title: Cargo Tank Motor Vehicles in Liquefied Compressed Gas
Service.
OMB Control Number: 2137-0595.
Summary: These information collection and recordkeeping
requirements pertain to the manufacture, certification, inspection,
repair, maintenance, and operation of certain Department of
Transportation (DOT) specification and non-specification cargo tank
motor vehicles used to transport liquefied compressed gases. These
requirements are intended to ensure cargo tank motor vehicles used to
transport liquefied compressed gases are operated safely, and to
minimize the potential for catastrophic releases during unloading and
loading operations. They include: (1) Requirements for operators of
cargo tank motor vehicles in liquefied compressed gas service to
develop operating procedures applicable to unloading operations and
carry the operating procedures on each vehicle; (2) inspection,
maintenance, marking, and testing requirements for the cargo tank
discharge system, including delivery hose assemblies; and (3)
requirements for emergency discharge control equipment on certain cargo
tank motor vehicles transporting liquefied compressed gases that must
be installed and certified by a Registered Inspector.
Affected Public: Carriers in liquefied compressed gas service,
manufacturers and repairers.
Annual Reporting and Recordkeeping Burden:
Number of Respondents: 6,958.
Total Annual Responses: 920,538.
Total Annual Burden Hours: 200,914.
Frequency of collection: On occasion.
Delmer F. Billings,
Senior Regulatory Advisor, Standards and Rulemaking Division.
[FR Doc. 2013-31162 Filed 12-27-13; 8:45 am]
BILLING CODE 4910-60-P
