Information Collection Activities, 76909-76912 [05-24518]
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Notices
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[U.S. DOT Docket Number NHTSA–2005–
23272]
Reports, Forms, and Recordkeeping
Requirements
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Request for public comment on
proposed collection of information.
AGENCY:
Before a Federal agency can
collect certain information from the
public, it must receive approval from
the Office of Management and Budget
(OMB). Under procedures established
by the Paperwork Reduction Act of
1995, before seeking OMB approval,
Federal agencies must solicit public
comment on proposed collections of
information, including extensions and
reinstatement of previously approved
collections. This document describes
one collection of information for which
NHTSA intends to seek OMB approval.
DATES: Comments must be received on
or before February 27, 2006.
ADDRESSES: Comments must refer to the
docket notice numbers cited at the
beginning of this notice and be
submitted to Docket Management, Room
PL–401, 400 Seventh Street, SW.,
Washington, DC 20590. Please identify
the proposed collection of information
for which a comment is provided, by
referencing its OMB clearance Number.
It is requested, but not required, that 2
copies of the comment be provided. The
Docket Section is open on weekdays
from 10 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT:
Complete copies of each request for
collection of information may be
obtained at no charge from Mr. Donovan
Green, Office of Crash Avoidance
Standards, 400 Seventh Street, SW., DC
20590. Mr. Green’s telephone number is
(202) 493–0248. His FAX number is
(202) 493–2739. Please identify the
relevant collection of information by
referring to its OMB Control Number.
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995,
before an agency submits a proposed
collection of information to OMB for
approval, it must first publish a
document in the Federal Register
providing a 60-day comment period and
otherwise consult with members of the
public and affected agencies concerning
each proposed collection of information.
The OMB has promulgated regulations
describing what must be included in
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SUMMARY:
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such a document. Under OMB’s
regulation (at 5CFR 1320.8(d)), an
agency must ask for public comment on
the following:
(i) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(ii) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
(iii) How to enhance the quality,
utility, and clarity of the information to
be collected;
(iv) How to minimize the burden of
the collection of information on those
who are to respond, including the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g. permitting
electronic submission of responses.
In compliance with these
requirements, NHTSA asks for public
comments on the following proposed
collections of information:
Title: Tire Identification and
Recordkeeping.
OMB Control Number: 2127–0050.
Requested Expiration Date of
Approval: Three years from the
approval date.
Type of Request: Extension of a
currently approved collection.
Affected Public: Tire and rim
manufacturers, new tire dealers and
distributors, and consumers.
Form Number: This collection of
information uses no standard forms.
Abstract: Each tire manufacturer and
rim manufacturer must label their tire or
rim with the applicable safety
information. These labeling
requirements ensure that tires are
mounted on the appropriate rims; and
that the rims and tires are mounted on
the vehicles for which they are
intended. It is estimated that this rule
affects 10 million respondents annually.
This group consists of approximately 8
tire manufacturers, 12,000 new tire
dealers and distributors, and 10 million
consumers who choose to register their
tire purchases with the manufacturers.
Estimated Annual Burden: 245,000
hours.
Estimated Number of Respondents:
10,000,000.
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;
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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.
Issued on: December 22, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E5–7968 Filed 12–27–05; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. RSPA–2005–20036 (Notice No.
05–10)]
Information Collection Activities
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection Requests (ICR) abstracted
below have been forwarded to the Office
of Management and Budget (OMB) for
review and comments. The ICRs
describe the nature of the information
collections and their expected burden.
A Federal Register Notice with a 60-day
comment period soliciting comments on
the following collections of information
was published on September 21, 2005
[70 FR 55450]. No comments were
received.
DATES: Comments must be submitted on
or before January 27, 2006.
FOR FURTHER INFORMATION CONTACT:
Deborah Boothe or T. Glenn Foster,
Office of Hazardous Materials Standards
(PHH–11), Pipeline and Hazardous
Materials Safety Administration, Room
8430, 400 Seventh Street, SW.,
Washington, DC 20590–0001,
Telephone (202) 366–8553.
SUPPLEMENTARY INFORMATION: Section
1320.8(d), Title 5, Code of Federal
Regulations requires PHMSA to provide
interested members of the public and
affected agencies an opportunity to
comment on information collection and
recordkeeping requests. This notice
identifies information collection
requests that PHMSA will be submitting
to OMB for renewal and extension.
These information collections are
contained in 49 CFR parts 110 and 130
and the Hazardous Materials
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Notices
Regulations (HMR; 49 CFR parts 171–
180). PHMSA has revised burden
estimates, where appropriate, to reflect
current reporting levels or adjustments
based on changes in proposed or final
rules published since the information
collections were last approved. The
following information is provided for
each information collection: (1) Title of
the information collection, including
former title if a change is being made;
(2) OMB control number; (3) summary
of the information collection activity; (4)
description of affected public; (5)
estimate of total annual reporting and
recordkeeping burden; and (6)
frequency of collection. PHMSA will
request a three-year term of approval for
each information collection activity and,
when approved by OMB, publish notice
of the approval in the Federal Register.
PHMSA requests comments on the
following information collections:
Title: Rulemaking, Special Permits,
and Preemption Requirements.
OMB Control Number: 2137–0051.
Type of Request: Extension of a
currently approved collection.
Abstract: This collection of
information applies to rulemaking
procedures regarding the HMR. Specific
areas covered in this information
collection include part 105, subpart A
and subpart B, ‘‘Hazardous Materials
Program Definitions and General
Procedures;’’ part 106, subpart B,
‘‘Participating in the Rulemaking
Process;’’ part 107, subpart B, ‘‘Special
Permits;’’ and part 107, subpart C,
‘‘Preemption.’’ The Federal hazardous
materials transportation law directs the
Secretary of Transportation to prescribe
regulations for the safe transportation of
hazardous materials in commerce. We
are authorized to accept petitions for
rulemaking and appeals, as well as
applications for special permits,
preemption determinations and waivers
of preemption. The types of information
collected include:
(1) Petitions for Rulemaking: Any
person may petition the Office of
Hazardous Materials Standards to add,
amend, or delete a regulation in Parts
110, 130, 171 through 180, or may
petition the Office of the Chief Counsel
to add, amend, or delete a regulation in
Parts 105, 106 or 107.
(2) Appeals: Except as provided in
§ 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 Permits:
Any person applying for a special
permit must include the citation of the
specific regulation from which the
applicant seeks relief; specification of
the proposed mode or modes of
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transportation; detailed description of
the proposed special permit (e.g.,
alternative packaging, test procedure or
activity), including as appropriate,
written descriptions, drawings, flow
charts, plans and other supporting
documents, etc.
(4) Application for Preemption
Determination: Any person directly
affected by any requirement of a State,
political subdivision, or Indian tribe
may apply to the Associate
Administrator for a determination
whether that requirement is preempted
under 49 U.S.C. 5125, or regulations
issued thereunder. The application must
include the text of the State or political
subdivision or Indian tribe requirement
for which the determination is sought;
specify each requirement of the Federal
hazardous material transportation law
or the regulations issued thereunder
with which the applicant seeks the
State, political subdivision or Indian
tribe requirement to be compared;
explanation of why the applicant
believes the State or political
subdivision or Indian tribe requirement
should or should not be preempted
under the standards of section 5125 (see
also 49 CFR 107.202); and how the
applicant is affected by the State or
political subdivision or Indian tribe
requirements.
(5) Waivers of Preemption: With the
exception of requirements preempted
under 49 U.S.C. 5125(c), any person
may apply to the Associate
Administrator for a waiver of
preemption with respect to any
requirement that: (1) The State or
political subdivision thereof or an
Indian tribe acknowledges is preempted
under the Federal hazardous material
transportation law or the regulations
issued thereunder, or (2) that has been
determined by a court of competent
jurisdiction to be so preempted. The
Associate Administrator may waive
preemption with respect to such
requirement upon a determination that
such requirement affords an equal or
greater level of protection to the public
than is afforded by the requirement of
the Federal hazardous material
transportation law or the regulations
issued thereunder and does not
unreasonably burden commerce.
The information collected under these
application procedures is used in the
review process by PHMSA in
determining the merits of the petitions
for rulemakings and for reconsideration
of rulemakings, as well as applications
for special permits, preemption
determinations and waivers of
preemption to the HMR. The procedures
governing these petitions for rulemaking
and for reconsideration of rulemakings
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are covered in subpart B of part 106.
Applications for special permits,
preemption determinations and waivers
of preemption are covered under
subparts B and C of part 107.
Rulemaking procedures enable PHMSA
to determine if a rule change is
necessary, is consistent with public
interest, and maintains a level of safety
equal to or superior to that of current
regulations. Special Permit procedures
provide the information required for
analytical purposes to determine if the
requested relief provides for a
comparable level of safety as provided
by the HMR. Preemption procedures
provide information for PHMSA to
determine whether a requirement of a
State, political subdivision, or Indian
tribe is preempted under 49 U.S.C.
5125, or regulations issued thereunder,
or whether a waiver of preemption
should be issued.
Affected Public: Shippers, carriers,
packaging manufacturers, and other
affected entities.
Recordkeeping:
Number of Respondents: 3,304.
Total Annual Responses: 4,294.
Total Annual Burden Hours: 4,219.
Frequency of Collection: On occasion.
Title: Radioactive (RAM)
Transportation Requirements.
OMB Control Number: 2137–0510.
Type of Request: Extension of a
currently approved collection.
Abstract: This information collection
consolidates and describes the
information collection provisions in the
HMR involving the transportation of
radioactive materials in commerce.
Information collection requirements for
RAM include: Shipper notification to
consignees of the dates of shipment of
RAM; expected arrival; special loading/
unloading instructions; verification that
shippers using foreign-made packages
hold a foreign competent authority
certificate and verification that the
terms of the certificate are being
followed for RAM shipments being
made into this country; and specific
handling instructions from shippers to
carriers for fissile RAM, bulk shipments
of low specific activity RAM and
packages of RAM that emit high levels
of external radiation. These information
collection requirements help to
establish that proper packagings are
used for the type of radioactive material
being transported; external radiation
levels do not exceed prescribed limits;
and packages are handled appropriately
and delivered in a timely manner, so as
to ensure the safety of the general
public, transport workers, and
emergency responders.
Affected Public: Shippers and carriers
of radioactive materials in commerce.
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Recordkeeping:
Number of Respondents: 3817.
Total Annual Responses: 21,519.
Total Annual Burden Hours: 15,270.
Frequency of Collection: On occasion.
Title: Hazardous Materials Security
Plans.
OMB Control Number: 2137–0612.
Type of Request: Extension of a
currently approved collection.
Abstract: To assure public safety,
shippers and carriers must take
reasonable measures to plan and
implement procedures to prevent
unauthorized persons from taking
control of, or attacking, hazardous
materials shipments. Part 172 of the
HMR requires persons who offer or
transport certain hazardous materials to
develop and implement written plans to
enhance the security of hazardous
materials shipments. The security plan
requirement applies to shipments of: (1)
A highway route-controlled quantity of
a Class 7 (radioactive) material; (2) more
than 25 kg (55 lbs) of a Division 1.1, 1.2,
or 1.3 (explosive) material; (3) more
than 1 L (1.06 qt) per package of a
material poisonous by inhalation in
hazard zone A; (4) a shipment of
hazardous materials in a bulk packaging
with a capacity equal to or greater than
13,248 L (3,500 gal) for liquids or gases,
or greater than 13.24 cubic meters (468
cubic feet) for solids; (5) a shipment that
requires placarding; and (6) select
agents. Select agents are infectious
substances identified by CDC as
materials with the potential to have
serious consequences for human health
and safety if used illegitimately. A
security plan will enable shippers and
carriers to reduce the possibility that a
hazardous materials shipment will be
used as a weapon of opportunity by a
terrorist or criminal.
Affected Public: Shippers and carriers
of hazardous materials in commerce.
Recordkeeping:
Number of Respondents: 42,000.
Total Annual Responses: 42,200.
Total Annual Burden Hours: 247,250.
Frequency of Collection: On occasion.
Title: Subsidiary Hazard Class and
Number/Type of Packagings.
OMB Control Number: 2137–0613.
Type of Request: Extension of a
currently approved collection.
Abstract: Section 5103 of the Federal
Hazardous Materials Transportation
Law (Federal hazmat law; 49 U.S.C.
5101 et seq.) authorizes the Pipeline and
Hazardous Materials Safety
Administration (PHMSA) to prescribe
safety and security regulations for the
transportation of hazardous materials in
interstate, intrastate, and foreign
commerce. The HMR require that
shipping papers and emergency
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response information accompany each
shipment of hazardous materials in
commerce. The Subcommittee on
Surface Transportation recommended
that additional Federal requirements
mandating retention of shipping papers
be imposed in order to facilitate
documentation of violations by the law
enforcement community. Subsequently,
the Hazardous Materials Transportation
Authorization Act of 1994 (HMTAA),
Public Law 103–311, amended the HMR
to require shippers and carriers to retain
copies of each shipping paper for one
year. In August, 2005, the Hazardous
Materials Safety and Security
Reauthorization Act of 2005 (the Act;
Title VII of Pub. L. 109–59, 119 Stat.
1144 (August 10, 2005)) amended
Federal hazmat law by revising certain
terminology, definitions, and
requirements. The Act amends § 5110 of
Federal hazmat law to require shippers
to retain a copy of a shipping paper for
a period of two years after the shipping
paper is provided to a carrier and to
require carriers to retain a copy of a
shipping paper for a period of one year
after the date the shipping paper is
received from the shipper. Shippers and
carriers of a hazardous waste must
continue to retain a shipping paper for
3 years after the material is accepted by
the initial carrier. The Environmental
Protection Agency (EPA), and the
Internal Revenue Service (IRS) require
retention of shipping papers for three
years or more for certain hazardous
materials shippers and carriers. Since
most companies (common carriers)
already retain these records to meet
these other Federal or State
requirements, the current requirements
incorporated into the HMR under HM–
240, did not significantly impact their
paperwork burden. Permanent shipping
papers are authorized to reduce the
burden on those entities that ship the
same materials on a continuous basis.
Shipping papers and emergency
response information are basic hazard
communication tools relative to the
transportation of hazardous materials.
The definition of a shipping paper in
§ 171.8 of the HMR includes a shipping
order, bill of lading, manifest, or other
shipping document serving a similar
purpose and containing the information
required by §§ 172.202, 172.203, and
172.204. A shipping paper with
emergency response information must
accompany most hazardous materials
shipments and be readily available at all
times during transportation. It serves as
the principal source of information
regarding the presence of hazardous
materials, identification, quantity, and
emergency response procedures.
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Shipping papers also serve as the source
of information for compliance with
other requirements, such as the
placement of rail cars containing
different hazardous materials in trains,
prevent the loading of poisons with
foodstuffs, the separation of
incompatible hazardous materials, and
the limitation of radioactive materials
that may be transported in a vehicle or
aircraft. Shipping papers and emergency
response information serve as a means
of notifying transport workers that
hazardous materials are present. Most
importantly, shipping papers serve as a
principal means of identifying
hazardous materials during
transportation emergencies. Firefighters,
police, and other emergency response
personnel are trained to obtain the DOT
shipping papers and emergency
response information when responding
to hazardous materials transportation
emergencies. The availability of
accurate information concerning
hazardous materials being transported
significantly improves response efforts
in these types of emergencies.
It is necessary that hazardous
materials and emergency response
information be displayed on shipping
papers in a uniform manner to ensure
accuracy and consistency. DOT
regulations require that when hazardous
materials and materials not subject to
the HMR are described on the same
shipping paper, the hazardous materials
entries required by § 172.202 and those
additional entries that may be required
by § 172.203 must be entered first, or
entered in a color that clearly contrasts
with any description on the shipping
paper of materials not subject to the
requirements, or highlighted, or
identified by the entry with an ‘‘x’’ in
an HM column opposite the hazardous
material entry. The subsidiary hazard
class or subsidiary division number(s)
must also be entered in parentheses
following the primary hazard class or
division number on shipping papers
under § 172.202. In addition, the
number and type of packagings must
also be indicated on shipping papers
such as drums, boxes, jerricans, etc. as
part of the basic shipping description.
Affected Public: Shippers and carriers
of hazardous materials in commerce.
Recordkeeping:
Number of Respondents: 250,000.
Total Annual Responses: 6,337,500.
Total Annual Burden Hours: 17,604.
Frequency of Collection: On occasion.
ADDRESSES: Send comments regarding
the burden estimates, including
suggestions for reducing the burden, to
the Office of Management and Budget,
Attention: Desk Officer for PHMSA, 725
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Notices
17th Street, NW., Washington, DC
20503.
Comments are invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
have practical utility; the accuracy of
the Department’s estimate of the burden
of the proposed information collection;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is most effective
if OMB receives it within 30 days of
publication.
Issued in Washington, DC, on December
22, 2005.
Susan Gorsky,
Acting Director, Office of Hazardous
Materials Standards.
[FR Doc. 05–24518 Filed 12–27–05; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34784]
Koch Forest Products, Inc. and Koch
Industries, Inc.—Acquisition of Control
Exemption—Gloster Southern Railroad
Company and Blue Rapids Railway
Company
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Koch Industries, Inc. (Koch
Industries), and its wholly owned
subsidiary Koch Forest Products, Inc.
(Koch Forest), both noncarriers
(together, Applicants), have filed a
verified notice of exemption to acquire
control of the following two Class III
railroads: (1) Gloster Southern Railroad
Company (GSR) and Blue Rapids
Railway Company (BRR).1
The transaction is expected to be
consummated on or after December 15,
2005.
Koch Forest Products states that: (1)
The rail lines operated by GSR, BRR and
OAR do not connect with each other or
any railroad in their corporate family;
(2) the transaction is not part of a series
of anticipated transactions that would
1 1 Koch Forest will acquire the two railroads
pursuant to its acquiring all of the outstanding stock
of Georgia-Pacific Corporation (Georgia-Pacific).
Following this transaction, Koch Forest will be
merged into Georgia-Pacific and Georgia-Pacific,
GSR, and BRR will then become indirect wholly
owned subsidiaries of Koch Industries. Koch
Industries, through its wholly owned subsidiary
Koch Cellulose, LLC, also controls the Old Augusta
Railroad Company (OAR), a Class III railroad.
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connect the railroads with each other or
any railroad in their corporate family;
and (3) the transaction does not involve
a Class I carrier. Therefore, the
transaction is exempt from the prior
approval requirements of 49 U.S.C.
11323. See 49 CFR 1180.2(d)(2).
Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to
relieve a rail carrier of its statutory
obligation to protect the interests of its
employees. Section 11326(c), however,
does not provide for labor protection for
transactions under sections 11324 and
11325 that involve only Class III rail
carriers. Accordingly, the Board may not
impose labor protective conditions here,
because all of the carriers involved are
Class III carriers.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the transaction.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 34784, must be filed with
the Surface Transportation Board, 1925
K Street, NW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on David H.
Coburn, Steptoe & Johnson LLP, 1330
Connecticut Avenue, Washington, DC
20036.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: December 19, 2005.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05–24403 Filed 12–27–05; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–6 (Sub–No. 435X); STB
Docket No. AB–987X]
BNSF Railway Company—
Abandonment Exemption—in Rock
Island and Whiteside Counties, IL;
Iowa, Chicago & Eastern Railroad
Corporation—Discontinuance of
Service Exemption—in Rock Island
and Whiteside Counties, IL
BNSF Railway Company (BNSF) and
Iowa, Chicago & Eastern Railroad
Corporation (ICE) have jointly filed a
notice of exemption under 49 CFR 1152
subpart F—Exempt Abandonments and
Discontinuances of Service for BNSF to
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abandon, and for ICE to discontinue
service over, approximately 5.09 miles
of railroad between milepost 20.31 and
milepost 25.40, near Albany, in Rock
Island and Whiteside Counties, IL. The
line traverses United States Postal
Service Zip Codes 61230, 61242, and
61252.
BNSF and ICE have certified that: (1)
No local traffic has moved over the line
for at least 2 years; (2) any overhead
traffic on the line can be rerouted over
other lines; (3) no formal complaint
filed by a user of rail service on the line
(or by a state or local government entity
acting on behalf of such user) regarding
cessation of service over the line either
is pending with the Surface
Transportation Board (Board) or with
any U.S. District Court or has been
decided in favor of complainant within
the 2-year period; and (4) the
requirements of 49 CFR 1105.7
(environmental report), 49 CFR 1105.8
(historic report), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to these exemptions,
any employee adversely affected by the
abandonment or discontinuance shall be
protected under Oregon Short Line R.
Co.—Abandonment—Goshen, 360 I.C.C.
91 (1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received,
these exemptions will be effective on
January 26, 2006, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,1
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2),2 and
trail use/rail banking requests under 49
CFR 1152.29 must be filed by January 6,
2006. Petitions to reopen or requests for
public use conditions under 49 CFR
1152.28 must be filed by January 17,
2006, with: Surface Transportation
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Section of
Environmental Analysis (SEA) in its independent
investigation) cannot be made before the
exemptions’ effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). any
request for a stay should be filed as soon as possible
so that the Board may take appropriate action before
the exemptions’ effective date.
2 Each OFA must be accompanied by the filing
fee, which currently is set at $1,200. See 49 CFR
1002.2(f)(25).
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[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Notices]
[Pages 76909-76912]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24518]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. RSPA-2005-20036 (Notice No. 05-10)]
Information Collection Activities
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice and request for comments.
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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Requests (ICR) abstracted below have been forwarded to the
Office of Management and Budget (OMB) for review and comments. The ICRs
describe the nature of the information collections and their expected
burden. A Federal Register Notice with a 60-day comment period
soliciting comments on the following collections of information was
published on September 21, 2005 [70 FR 55450]. No comments were
received.
DATES: Comments must be submitted on or before January 27, 2006.
FOR FURTHER INFORMATION CONTACT: Deborah Boothe or T. Glenn Foster,
Office of Hazardous Materials Standards (PHH-11), Pipeline and
Hazardous Materials Safety Administration, Room 8430, 400 Seventh
Street, SW., Washington, DC 20590-0001, Telephone (202) 366-8553.
SUPPLEMENTARY INFORMATION: Section 1320.8(d), Title 5, Code of Federal
Regulations requires PHMSA to provide interested members of the public
and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies
information collection requests that PHMSA will be submitting to OMB
for renewal and extension. These information collections are contained
in 49 CFR parts 110 and 130 and the Hazardous Materials
[[Page 76910]]
Regulations (HMR; 49 CFR parts 171-180). PHMSA has revised burden
estimates, where appropriate, to reflect current reporting levels or
adjustments based on changes in proposed or final rules published since
the information collections were last approved. The following
information is provided for each information collection: (1) Title of
the information collection, including former title if a change is being
made; (2) OMB control number; (3) summary of the information collection
activity; (4) description of affected public; (5) estimate of total
annual reporting and recordkeeping burden; and (6) frequency of
collection. PHMSA will request a three-year term of approval for each
information collection activity and, when approved by OMB, publish
notice of the approval in the Federal Register.
PHMSA requests comments on the following information collections:
Title: Rulemaking, Special Permits, and Preemption Requirements.
OMB Control Number: 2137-0051.
Type of Request: Extension of a currently approved collection.
Abstract: This collection of information applies to rulemaking
procedures regarding the HMR. Specific areas covered in this
information collection include part 105, subpart A and subpart B,
``Hazardous Materials Program Definitions and General Procedures;''
part 106, subpart B, ``Participating in the Rulemaking Process;'' part
107, subpart B, ``Special Permits;'' and part 107, subpart C,
``Preemption.'' The Federal hazardous materials transportation law
directs the Secretary of Transportation to prescribe regulations for
the safe transportation of hazardous materials in commerce. We are
authorized to accept petitions for rulemaking and appeals, as well as
applications for special permits, preemption determinations and waivers
of preemption. The types of information collected include:
(1) Petitions for Rulemaking: Any person may petition the Office of
Hazardous Materials Standards to add, amend, or delete a regulation in
Parts 110, 130, 171 through 180, or may petition the Office of the
Chief Counsel to add, amend, or delete a regulation in Parts 105, 106
or 107.
(2) Appeals: Except as provided in Sec. 106.40(e), any person may
submit an appeal to our actions in accordance with the Appeals
procedures found in Sec. Sec. 106.110 through 106.130.
(3) Application for Special Permits: Any person applying for a
special permit must include the citation of the specific regulation
from which the applicant seeks relief; specification of the proposed
mode or modes of transportation; detailed description of the proposed
special permit (e.g., alternative packaging, test procedure or
activity), including as appropriate, written descriptions, drawings,
flow charts, plans and other supporting documents, etc.
(4) Application for Preemption Determination: Any person directly
affected by any requirement of a State, political subdivision, or
Indian tribe may apply to the Associate Administrator for a
determination whether that requirement is preempted under 49 U.S.C.
5125, or regulations issued thereunder. The application must include
the text of the State or political subdivision or Indian tribe
requirement for which the determination is sought; specify each
requirement of the Federal hazardous material transportation law or the
regulations issued thereunder with which the applicant seeks the State,
political subdivision or Indian tribe requirement to be compared;
explanation of why the applicant believes the State or political
subdivision or Indian tribe requirement should or should not be
preempted under the standards of section 5125 (see also 49 CFR
107.202); and how the applicant is affected by the State or political
subdivision or Indian tribe requirements.
(5) Waivers of Preemption: With the exception of requirements
preempted under 49 U.S.C. 5125(c), any person may apply to the
Associate Administrator for a waiver of preemption with respect to any
requirement that: (1) The State or political subdivision thereof or an
Indian tribe acknowledges is preempted under the Federal hazardous
material transportation law or the regulations issued thereunder, or
(2) that has been determined by a court of competent jurisdiction to be
so preempted. The Associate Administrator may waive preemption with
respect to such requirement upon a determination that such requirement
affords an equal or greater level of protection to the public than is
afforded by the requirement of the Federal hazardous material
transportation law or the regulations issued thereunder and does not
unreasonably burden commerce.
The information collected under these application procedures is
used in the review process by PHMSA in determining the merits of the
petitions for rulemakings and for reconsideration of rulemakings, as
well as applications for special permits, preemption determinations and
waivers of preemption to the HMR. The procedures governing these
petitions for rulemaking and for reconsideration of rulemakings are
covered in subpart B of part 106. Applications for special permits,
preemption determinations and waivers of preemption are covered under
subparts B and C of part 107. Rulemaking procedures enable PHMSA to
determine if a rule change is necessary, is consistent with public
interest, and maintains a level of safety equal to or superior to that
of current regulations. Special Permit procedures provide the
information required for analytical purposes to determine if the
requested relief provides for a comparable level of safety as provided
by the HMR. Preemption procedures provide information for PHMSA to
determine whether a requirement of a State, political subdivision, or
Indian tribe is preempted under 49 U.S.C. 5125, or regulations issued
thereunder, or whether a waiver of preemption should be issued.
Affected Public: Shippers, carriers, packaging manufacturers, and
other affected entities.
Recordkeeping:
Number of Respondents: 3,304.
Total Annual Responses: 4,294.
Total Annual Burden Hours: 4,219.
Frequency of Collection: On occasion.
Title: Radioactive (RAM) Transportation Requirements.
OMB Control Number: 2137-0510.
Type of Request: Extension of a currently approved collection.
Abstract: This information collection consolidates and describes
the information collection provisions in the HMR involving the
transportation of radioactive materials in commerce. Information
collection requirements for RAM include: Shipper notification to
consignees of the dates of shipment of RAM; expected arrival; special
loading/unloading instructions; verification that shippers using
foreign-made packages hold a foreign competent authority certificate
and verification that the terms of the certificate are being followed
for RAM shipments being made into this country; and specific handling
instructions from shippers to carriers for fissile RAM, bulk shipments
of low specific activity RAM and packages of RAM that emit high levels
of external radiation. These information collection requirements help
to establish that proper packagings are used for the type of
radioactive material being transported; external radiation levels do
not exceed prescribed limits; and packages are handled appropriately
and delivered in a timely manner, so as to ensure the safety of the
general public, transport workers, and emergency responders.
Affected Public: Shippers and carriers of radioactive materials in
commerce.
[[Page 76911]]
Recordkeeping:
Number of Respondents: 3817.
Total Annual Responses: 21,519.
Total Annual Burden Hours: 15,270.
Frequency of Collection: On occasion.
Title: Hazardous Materials Security Plans.
OMB Control Number: 2137-0612.
Type of Request: Extension of a currently approved collection.
Abstract: To assure public safety, shippers and carriers must take
reasonable measures to plan and implement procedures to prevent
unauthorized persons from taking control of, or attacking, hazardous
materials shipments. Part 172 of the HMR requires persons who offer or
transport certain hazardous materials to develop and implement written
plans to enhance the security of hazardous materials shipments. The
security plan requirement applies to shipments of: (1) A highway route-
controlled quantity of a Class 7 (radioactive) material; (2) more than
25 kg (55 lbs) of a Division 1.1, 1.2, or 1.3 (explosive) material; (3)
more than 1 L (1.06 qt) per package of a material poisonous by
inhalation in hazard zone A; (4) a shipment of hazardous materials in a
bulk packaging with a capacity equal to or greater than 13,248 L (3,500
gal) for liquids or gases, or greater than 13.24 cubic meters (468
cubic feet) for solids; (5) a shipment that requires placarding; and
(6) select agents. Select agents are infectious substances identified
by CDC as materials with the potential to have serious consequences for
human health and safety if used illegitimately. A security plan will
enable shippers and carriers to reduce the possibility that a hazardous
materials shipment will be used as a weapon of opportunity by a
terrorist or criminal.
Affected Public: Shippers and carriers of hazardous materials in
commerce.
Recordkeeping:
Number of Respondents: 42,000.
Total Annual Responses: 42,200.
Total Annual Burden Hours: 247,250.
Frequency of Collection: On occasion.
Title: Subsidiary Hazard Class and Number/Type of Packagings.
OMB Control Number: 2137-0613.
Type of Request: Extension of a currently approved collection.
Abstract: Section 5103 of the Federal Hazardous Materials
Transportation Law (Federal hazmat law; 49 U.S.C. 5101 et seq.)
authorizes the Pipeline and Hazardous Materials Safety Administration
(PHMSA) to prescribe safety and security regulations for the
transportation of hazardous materials in interstate, intrastate, and
foreign commerce. The HMR require that shipping papers and emergency
response information accompany each shipment of hazardous materials in
commerce. The Subcommittee on Surface Transportation recommended that
additional Federal requirements mandating retention of shipping papers
be imposed in order to facilitate documentation of violations by the
law enforcement community. Subsequently, the Hazardous Materials
Transportation Authorization Act of 1994 (HMTAA), Public Law 103-311,
amended the HMR to require shippers and carriers to retain copies of
each shipping paper for one year. In August, 2005, the Hazardous
Materials Safety and Security Reauthorization Act of 2005 (the Act;
Title VII of Pub. L. 109-59, 119 Stat. 1144 (August 10, 2005)) amended
Federal hazmat law by revising certain terminology, definitions, and
requirements. The Act amends Sec. 5110 of Federal hazmat law to
require shippers to retain a copy of a shipping paper for a period of
two years after the shipping paper is provided to a carrier and to
require carriers to retain a copy of a shipping paper for a period of
one year after the date the shipping paper is received from the
shipper. Shippers and carriers of a hazardous waste must continue to
retain a shipping paper for 3 years after the material is accepted by
the initial carrier. The Environmental Protection Agency (EPA), and the
Internal Revenue Service (IRS) require retention of shipping papers for
three years or more for certain hazardous materials shippers and
carriers. Since most companies (common carriers) already retain these
records to meet these other Federal or State requirements, the current
requirements incorporated into the HMR under HM-240, did not
significantly impact their paperwork burden. Permanent shipping papers
are authorized to reduce the burden on those entities that ship the
same materials on a continuous basis.
Shipping papers and emergency response information are basic hazard
communication tools relative to the transportation of hazardous
materials. The definition of a shipping paper in Sec. 171.8 of the HMR
includes a shipping order, bill of lading, manifest, or other shipping
document serving a similar purpose and containing the information
required by Sec. Sec. 172.202, 172.203, and 172.204. A shipping paper
with emergency response information must accompany most hazardous
materials shipments and be readily available at all times during
transportation. It serves as the principal source of information
regarding the presence of hazardous materials, identification,
quantity, and emergency response procedures. Shipping papers also serve
as the source of information for compliance with other requirements,
such as the placement of rail cars containing different hazardous
materials in trains, prevent the loading of poisons with foodstuffs,
the separation of incompatible hazardous materials, and the limitation
of radioactive materials that may be transported in a vehicle or
aircraft. Shipping papers and emergency response information serve as a
means of notifying transport workers that hazardous materials are
present. Most importantly, shipping papers serve as a principal means
of identifying hazardous materials during transportation emergencies.
Firefighters, police, and other emergency response personnel are
trained to obtain the DOT shipping papers and emergency response
information when responding to hazardous materials transportation
emergencies. The availability of accurate information concerning
hazardous materials being transported significantly improves response
efforts in these types of emergencies.
It is necessary that hazardous materials and emergency response
information be displayed on shipping papers in a uniform manner to
ensure accuracy and consistency. DOT regulations require that when
hazardous materials and materials not subject to the HMR are described
on the same shipping paper, the hazardous materials entries required by
Sec. 172.202 and those additional entries that may be required by
Sec. 172.203 must be entered first, or entered in a color that clearly
contrasts with any description on the shipping paper of materials not
subject to the requirements, or highlighted, or identified by the entry
with an ``x'' in an HM column opposite the hazardous material entry.
The subsidiary hazard class or subsidiary division number(s) must also
be entered in parentheses following the primary hazard class or
division number on shipping papers under Sec. 172.202. In addition,
the number and type of packagings must also be indicated on shipping
papers such as drums, boxes, jerricans, etc. as part of the basic
shipping description.
Affected Public: Shippers and carriers of hazardous materials in
commerce.
Recordkeeping:
Number of Respondents: 250,000.
Total Annual Responses: 6,337,500.
Total Annual Burden Hours: 17,604.
Frequency of Collection: On occasion.
ADDRESSES: Send comments regarding the burden estimates, including
suggestions for reducing the burden, to the Office of Management and
Budget, Attention: Desk Officer for PHMSA, 725
[[Page 76912]]
17th Street, NW., Washington, DC 20503.
Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility,
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.
A comment to OMB is most effective if OMB receives it within 30
days of publication.
Issued in Washington, DC, on December 22, 2005.
Susan Gorsky,
Acting Director, Office of Hazardous Materials Standards.
[FR Doc. 05-24518 Filed 12-27-05; 8:45 am]
BILLING CODE 4910-60-P
