Information Collection Activities, 39780-39785 [E8-15653]
Download as PDF
39780
Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Notices
4.3.3 of 49 CFR 571.110
Additional labeling information for
vehicles other than passenger cars. Each
vehicle shall show the size designation and,
if applicable, the type designation of rims
(not necessarily those on the vehicle)
appropriate for the tire appropriate for use on
that vehicle, including the tire installed as
original equipment on the vehicle by the
vehicle manufacturer, after each GAWR
listed on the certification label required by
Sec. 567.4 or Sec. 567.5 of this chapter. This
information shall be in the English language,
lettered in block capitals and numerals not
less than 2.4 millimeters high and in the
following format:
Truck Example—Suitable Tire-Rim Choice
jlentini on PROD1PC65 with NOTICES
GVWR: 2,441 kilograms (5381 pounds).
GAWR: Front—1,299 kilograms (2,864
pounds) with P265/70R16 tires, 16 x 8.0 rims
at 248 kPa (36 psi) cold single.
GAWR: Rear—1,299 kilograms (2,864
pounds) with P265/70R16 tires, 16 x 8.00
rims, at 248 kPa (36 psi) cold single.
S5.3 Label information of 49 CFR 571.120
Each vehicle shall show the information
specified in S5.3.1 and S5.3.2 and, in the
case of a vehicle equipped with a nonpneumatic spare tire, the information
specified in S5.3.3, in the English language,
lettered in block capitals and numerals not
less than 2.4 millimeters high and in the
format set forth following this section. This
information shall appear either—
(a) After each GAWR listed on the
certification label required by Sec. 567.4 or
Sec. 567.5 of this chapter; or, at the option
of the manufacturer,
(b) On the tire information label affixed to
the vehicle in the manner, location and form
described in Sec. 567.4 (b) through (f) of this
chapter, as appropriate for each GVWR–
GAWR combination listed on the
certification label.
S5.3.1 Tires. The size designation (not
necessarily for the tires on the vehicle) and
the recommended cold inflation pressure for
those tires such that the sum of the load
ratings of the tires on each axle (when the
tires’ load carrying capacity at the specified
pressure is reduced by dividing by 1.10, in
the case of a tire subject to FMVSS No. 109)
is appropriate for the GAWR as calculated in
accordance with S5.1.2.
S5.3.2. Rims. The size designation and, if
applicable, the type designation of Rims (not
necessarily those on the vehicle) appropriate
for those tires.
Truck Example—Suitable Tire-Rim Choice
GVWR: 7,840 KG (17,289 LB)
GAWR: FRONT—2,850 KG (6,280 LB)
WITH 7.50–20(D) TIRES, 20 x 6.00 RIMS AT
520 KPA (75 PSI) COLD SINGLE
GAWR: REAR—4,990 KG (11,000 LB)
WITH 7.50–20(D) TIRES, 20 x 6.00 RIMS, AT
450 KPA (65 PSI) COLD DUAL
GVWR: 13,280 KG (29,279 LB)
GAWR: FRONT—4,826 KG (10,640 LB)
WITH 10.00–20(F) TIRES, 20 x 7.50 RIMS,
AT 620 KPA (90 PSI) COLD SINGLE
GAWR: REAR—8,454 KG (18,639 LB)
WITH 10.00–20(F) TIRES, 20 x 2.70 RIMS,
AT 550 KPA (80 PSI) COLD DUAL
VerDate Aug<31>2005
16:58 Jul 09, 2008
Jkt 214001
S5.3.3 The non-pneumatic tire
identification code, with which that
assembly is labeled pursuant to S4.3(a) of
Sec. 571.129.
Chrysler described the
noncompliance as the omission of
required tire and rim information on the
certification labels.
Chrysler explained that S4.3.3 of
FMVSS No. 110, which applies only to
vehicles other than passenger cars with
a GVWR of 10,000 pounds or less, and
which went into effect on September 1,
2005, provides as follows: ‘‘Each vehicle
shall show the size designation and, if
applicable, the type designation of rims
(not necessarily those on the vehicle)
appropriate for the tire appropriate for
use on that vehicle, including the tire
installed as original equipment on the
vehicle by the vehicle manufacturer,
after each GAWR [Gross Axle Weight
Rating] listed on the certification label
required by § 567.4 or § 567.5 of this
chapter * * *’’ Prior to September 1,
2005, similar requirements set out in
S5.3 of FMVSS No. 120 applied to all
non-passenger cars, regardless of their
GVWR. Approximately 94,718 Dodge
Magnums manufactured prior to
September 1, 2005 failed to meet the
requirements of FMVSS No. 120 and the
remainder of the subject vehicles failed
to meet the requirements of FMVSS No.
110.
Chrysler further explained that
although the certification labels on the
vehicles in question do not contain the
appropriate tire and rim information
after the specified GAWRs, the rim size
and type are marked on the rims
themselves. And, the size designation
for the tires on each vehicle, which also
reflects the size of the rims on the
vehicle, is included on the tire placard
affixed to the B-pillar on each vehicle,
as required by S4.3(d) of FMVSS No.
110 for vehicles manufactured after
September 1, 2005. Additionally,
Magnums manufactured prior to
September 1, 2005 had a Tire and
Loading Information Label containing
the relevant tire and rim size affixed to
the B-pillar. Thus, the relevant rim
information is clearly available to each
vehicle owner and operator.
Chrysler also stated that it has not
received any consumer complaints
regarding the absence of rim size
information on the subject certification
label.
In addition, Chrysler stated that it has
corrected the problem that caused these
errors so that they will not be repeated
in future production and that it believes
that because the noncompliance is
inconsequential to motor vehicle safety
that no corrective action is warranted.
PO 00000
Frm 00135
Fmt 4703
Sfmt 4703
NHTSA Decision
NHTSA agrees with Chrysler that this
noncompliance will not have an adverse
effect on vehicle safety. Since rim size
and type information are marked on the
wheels of the vehicles, and the rim
diameter can be determined from the
tire size on the placard attached to some
of the vehicles, the information needed
to ensure that the vehicles are equipped
with the proper rims and compatible
tires is readily available to potential
users.
In consideration of the foregoing,
NHTSA has decided that Chrysler has
met its burden of persuasion that the
labeling noncompliances described are
inconsequential to motor vehicle safety.
Accordingly, Chrysler’s petition is
granted and the petitioner is exempted
from the obligation of providing
notification of, and a remedy for, the
noncompliances under 49 U.S.C. 30118
and 30120.
Authority: 49 U.S.C. 30118, 30120;
delegations of authority at 49 CFR 1.50 and
501.8.
Issued on: July 2, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E8–15662 Filed 7–9–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2007–27181 (Notice
No. 08–6)]
Information Collection Activities
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of information collection
approval.
AGENCY:
SUMMARY: This notice announces Office
of Management and Budget (OMB)
approval and extension until March 28,
2011 for an information collection
request entitled ‘‘Hazardous Materials
Public Sector Training and Planning
Grants,’’ under OMB Control No. 2137–
0586. This ICR was revised to
implement a statutory provision
authorizing PHMSA to request
information from states concerning fees
related to the transportation of
hazardous materials. We are reserving
these questions for use in a pilot project
we are currently developing. In
addition, this ICR was revised to
include more detailed information from
grantees to enable us to more accurately
evaluate the effectiveness of the grant
E:\FR\FM\10JYN1.SGM
10JYN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Notices
program in meeting emergency response
planning and training needs. These
questions are to be answered during the
close-out procedures conducted and
submitted at the end of the application
cycle.
DATES: The expiration date for this
information collection is March 28,
2011.
ADDRESSES: Requests for a copy of an
information collection should be
directed to Deborah Boothe or T. Glenn
Foster, Office of Hazardous Materials
Standards (PHH–11), Pipeline and
Hazardous Materials Safety
Administration, 1200 New Jersey
Avenue, SE., East Building, 2nd Floor,
Washington, DC 20590, 202–366–8553.
FOR FURTHER INFORMATION CONTACT:
Deborah Boothe or T. Glenn Foster,
Office of Hazardous Materials Standards
(PHH–11), Pipeline and Hazardous
Materials Safety Administration, 1200
New Jersey Avenue, SE., East Building,
2nd Floor, Washington, DC 20590, 202–
366–8553.
SUPPLEMENTARY INFORMATION: Office of
Management and Budget (OMB)
regulations (5 CFR 1320) implementing
provisions of the Paperwork Reduction
Act of 1995 (Pub. L. 104–13) require that
interested members of the public and
affected agencies have an opportunity to
comment on information collection and
recordkeeping activities (see 5 CFR
1320.8(s)) and specify that no person is
required to respond to an information
collection unless it displays a valid
OMB control number. In accordance
with the Paperwork Reduction Act of
1995, PHMSA has received OMB
approval for renewal of the following
ICR:
OMB Control Number: 2137–0586.
Title: ‘‘Hazardous Materials Public
Sector Training and Planning Grants.’’
Expiration Date: March 28, 2011.
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 an information
collection PHMSA submitted to OMB
for revision under OMB Control Number
2137–0586. This collection is contained
in 49 CFR Part 110, Hazardous Materials
Public Sector Training and Planning
Grants. We are revising the information
collection to implement a statutory
provision authorizing PHMSA to
request information from states
concerning fees related to the
transportation of hazardous materials.
We are reserving these questions for use
in a pilot project we are currently
developing. In addition, we are revising
VerDate Aug<31>2005
16:58 Jul 09, 2008
Jkt 214001
the current information collection to
include more detailed information from
grantees to enable us to more accurately
evaluate the effectiveness of the grant
program in meeting emergency response
planning and training needs. These
questions are to be answered during the
close-out procedures conducted and
submitted at the end of the application
cycle.
State and Tribal Hazardous Materials
Fees
Federal hazardous materials
transportation law (Federal hazmat law;
49 U.S.C. 5101 et seq.) specifies that
Hazardous Materials Emergency
Preparedness (HMEP) grant funds are to
be allocated based on the needs of states
and Indian tribes for emergency
response planning and training,
considering a number of factors
including whether the state or tribe
imposes and collects a fee on the
transportation of hazardous materials
and whether the fee is used only to
carry out a purpose related to the
transportation of hazardous materials.
40 U.S.C. 5116(b)(4). Accordingly, the
HMEP grant application procedures in
Part 110 require applicants to submit a
statement explaining whether the
applicant assesses and collects fees for
the transportation of hazardous
materials and whether those fees are
used solely to carry out purposes related
to the transportation of hazardous
materials.
Section 5125(f) of the Federal hazmat
law permits a state, political subdivision
of a state, or Indian tribe to impose a fee
related to the transportation of
hazardous materials only if the fee is
fair and used for a purpose related to
transporting hazardous materials,
including enforcement and planning,
developing, and maintaining a
capability for emergency response. In
accordance with section 5125, the
Department of Transportation may
require a state, political subdivision of
a state, or Indian tribe to report on the
fees it collects, including: (1) The basis
on which the fee is levied; (2) the
purposes for which the revenues from
the fee are used; and (3) the total
amount of annual revenues collected
from the fee. Until now, we have not
proposed asking states, political
subdivisions, or Indian tribes to report
this information.
I. Background
In response to our February 26, 2007
Notice [72 FR 8421] concerning the
three-year renewal of the OMB approval
of the information collection required of
applicants for HMEP grants, we received
one comment from the Interested Parties
PO 00000
Frm 00136
Fmt 4703
Sfmt 4703
39781
for Hazardous Materials Transportation
urging us to require grant applicants to
report on the hazardous materials
information fees they collect in
accordance with section 5125(f) of the
Federal hazmat law. The commenter
stated that such information is
important for both the agency and the
regulated community to determine if
states are in compliance with applicable
provisions of the Federal hazmat law.
We agreed that we should ask states
and Indian tribes to provide more
detailed information about hazardous
materials fees they collect in order to
increase the transparency of the
programs funded by HMEP grants and to
enable us to more accurately evaluate
the effectiveness of the HMEP program
in meeting emergency response
planning and training needs. Therefore,
we published a Federal Register Notice
on July 5, 2007 with a 60-day comment
period soliciting comments on revisions
to the instructions for submitting an
HMEP grant application to request that
applicants expand on the currently
required statement explaining whether
the state or Indian tribe assesses and
collects fees on the transportation of
hazardous materials and whether such
fees are used solely for purposes related
to the transportation of hazardous
materials. In the 60-day notice, we
indicated that, beginning with the
application for FY 2008 funds,
applicants will be asked to respond to
an additional set of questions pertaining
to state fees, specific information
regarding planning and training grants,
and an overall program evaluation in
their performance reports.
The comment period for the 60-day
notice closed on September 4, 2007.
PHMSA received comments from the
following companies, organizations, and
individuals: The American Trucking
Association (ATA); Colorado Emergency
Planning Commission; Kevin Crawford;
Robert E. Dopp; Delaware Emergency
Management Agency; the Institute of
Makers of Explosives (IME); Lyle Milby;
Timothy Gablehouse; Steven Goza;
Donald K. Hall; the National Tank Truck
Carriers (NTTC); the Nuclear Energy
Institute (NEI); Oklahoma Hazardous
Materials Emergency Response
Commission; James J. Plum; Daniel Roe;
and the State of Wisconsin\Department
of Military Affairs Wisconsin
Emergency Management.
Commenters generally agree that
additional information from grantees
will assist in PHMSA’s evaluation of the
emergency response funding needs of
states and Indian tribes, and will
promote a more effective use of HMEP
grant funds. However, many
commenters express concern that
E:\FR\FM\10JYN1.SGM
10JYN1
39782
Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Notices
funding may be reduced or eliminated
as a result of responses by the
applicants to the additional questions;
the additional questions were an
excessive burden on applicants without
a measurable benefit or a specific use of
the information; and the rationale and
motivation of the petitioner were
questionable.
In response to these comments, we
published a Federal Register Notice on
November 21, 2007 [72 FR 65638] with
a 30-day comment period to address the
concerns of the commenters. We also
revised the more burdensome of the
proposed questions and provided an
abbreviated version of the questions in
a less time-consuming and more userfriendly format. In addition, we also
recalculated the information collection
burden based on the revisions to the
proposed questions. The revised
questions outlined in the November 21,
2007 notice were as follows:
1. Does your state or tribe assess a fee
or fees in connection with the
transportation of hazardous materials?
Yes or No
2. If the answer to question 1 is ‘‘yes,’’
a. What state agency administers the
fee?
b. What is the amount of the fee and
the basis on which the fee is assessed?
Examples of the bases on which fees
may be assessed include: (1) An annual
fee for each company which transports
hazardous materials within your state or
tribal territory; (2) a fee for each truck
or vehicle used to transport hazardous
materials within your state or tribal
territory; (3) a fee for certain
commodities or quantities of hazardous
materials transported in your state or
tribal territory; or (4) a fee for each
hazardous materials shipment transiting
your state or tribal territory.
c. For what purpose(s) is the revenue
from the fee used? For example, is the
revenue used to support hazardous
materials transportation enforcement
programs? Is the fee used to support
planning, developing, and maintaining
an emergency response capability?
d. What is the total annual amount of
the revenue collected for the last fiscal
year or 12-month accounting period?
Planning Grants
1. Did you complete or update
assessments of commodity flow patterns
in your jurisdiction? Yes or No. If so,
how many? Please describe in one or
two sentences the results of each
assessment
2. Did you complete or update
assessments of the emergency response
capabilities in your jurisdiction? Yes or
No. If yes, what factors did you consider
to complete such assessments? How
many assessments were completed?
Please describe in one or two sentences
the results of those assessments.
3. Did you or local emergency
planning committees develop or
improve emergency plans in your state?
If so, how many plans were either
developed or updated? Briefly describe
the outcome of this effort.
4. Did you or local emergency
planning committees in your state
conduct emergency response drills or
exercises in support of their emergency
plans? Yes or No. How many exercises
or drills did you conduct? Briefly
describe the drill or exercise (tabletop,
computer simulation, real-world
simulation, or other drill or exercise),
the number and types of participants,
including shipper or carrier
participants, and lessons learned.
5. How many Local Emergency
Planning Committees (LEPCs) are
located in your jurisdiction? How many
LEPCs were assisted using Hazardous
Materials Emergency Preparedness
(HMEP) funds?
Training Grants
1. Did you complete an assessment of
the training needs of the emergency
response personnel in your jurisdiction?
Yes or No. What factors did you
consider to complete the assessment?
What was the result of that assessment?
2. Provide details concerning the
number of individuals trained in whole
or in part using HMEP training grant
funds on the following chart:
Funded in part**
a. Fire ...................................................................................................................................
b. Police ...............................................................................................................................
c. Emergency Medical Services (EMS) ...............................................................................
d. Refresher .........................................................................................................................
e. Other* ...............................................................................................................................
Total ..................................................................................................................................
4. Do you have a system in place for
measuring the effectiveness of
emergency response to hazardous
materials incidents in your jurisdiction?
Yes or No. How many state and local
response teams are located in your
jurisdiction? What is the estimated
coverage of these teams (e.g., the percent
of state jurisdictions covered)?
Please indicate the hazmat training
level for the persons trained in the
above chart by the following training
levels:
jlentini on PROD1PC65 with NOTICES
Awareness ............
Operations ............
Technician ...........
Refresher ..............
Incident Command System
(ICS) ..................
Site Specialist ......
llllll
llllll
llllll
llllll
Overall Program Evaluation
llllll
llllll
3. Did you develop new training using
HMEP training grant funds in whole or
in part, such as training in handling
specific types of incidents of specific
types of materials? Yes or No. If so,
briefly describe the new programs. Was
the program qualified using the HMEP
Curriculum Guidelines process? Yes or
No.
VerDate Aug<31>2005
16:58 Jul 09, 2008
Jkt 214001
1. Given the amount of assistance
available, using a scale of 1–5 (with 5
being excellent and 1 being poor), how
well has the HMEP grant program met
your need for preparing hazmat
emergency responders?
2. Given projected increases, using a
scale of 1–5 (with 5 being excellent and
1 being poor), how well do you think
the HMEP grant program will meet your
future needs?
PO 00000
Frm 00137
Fmt 4703
Sfmt 4703
Funded fully
llllll
llllll
llllll
llllll
llllll
llllll
llllll
llllll
llllll
llllll
llllll
llllll
3. What areas of the HMEP grant
program would you recommend for
enhancement?
The comment period for the 30-Day
Notice closed on December 21, 2007.
PHMSA received comments from the
following companies, organizations, and
individuals: The American Samoa
Government; Cathy Canty; Don Cary;
Cleveland County Local Emergency
Planning Committee; Jack Cobb;
Colorado Emergency Planning
Commission; Eddy D. Cooke; Montressa
Jo Elder; Stephen T. Grayson; Glenn K.
Grove; Senator James M. Imhofe (R–
Oklahoma); Monty Matlock; Lyle Milby;
Greg Moser; Randall J. McConnell;
National Association of SARA Title III
Program Officials (NASTTPO); Pueblo
Local Emergency Planning Committee;
Daniel Roe; Keith Shadden; Greg
E:\FR\FM\10JYN1.SGM
10JYN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Notices
Stasinos; LaRiea Thompson; Amanda
Vargas; Pete Weaver; and Tim Zaremba.
Many of the commenters share
PHMSA’s goal of more accurately
evaluating the effectiveness of the grant
program in meeting emergency response
planning and training needs. However,
most of the commenters oppose the
revisions and cite many of the same
reasons enumerated in response to the
60-day notice, i.e.; the additional
questions are an excessive burden on
applicants without a measurable benefit
or a specific use of the information.
Other commenters warn that excessive
burden generated by additional
questions will have far-reaching
ramifications on the grantees. For
instance, Tim Zaremba, coordinator for
the Navajo County, Arizona LEPC states
that he ‘‘strongly concurs with the
comments that seek to avoid increased
burdens on grassroots communities that
are already doing our level best to meet
existing requirements and be successful
in our activities,’’ and that PHMSA
‘‘should realize that any increase in
information seeking will ultimately
filter down to where the data exists,
namely at the local level.’’ In its
comments in a letter dated February 27,
2008, NASTTPO, an organization whose
membership includes many HMEP
grantees, indicates that there is a shared
‘‘goal of providing a measure of the
success of the program relative to the
preparedness continuum.’’ In the letter,
NASTTPO objects to the burden
PHMSA’s proposed questions would
place on grantees and suggests
alternative questions which are less
burdensome. PHMSA reviewed the
NASTTPO recommendation along with
other comments received to the docket,
and while our objective of program
accountability does not change, we
believe an approach that incorporates
comments and addresses concerns of all
interested parties is possible. Such an
information collection package would
reduce and clarify the information
collection requirements, change when
information needs to be reported,
include a simplified method to report
accounting information, and incorporate
information already provided by
grantees. We believe this will assist us
in evaluating the effectiveness of the
grant program while reducing the
burden on grantees to collect and report
the information. Therefore, we revised
the list of questions from the December
21, 2007, 30-day notice into three
VerDate Aug<31>2005
16:58 Jul 09, 2008
Jkt 214001
sections, re-calculated the information
collection, and provided an alternative
list of questions to OMB as an
amendment to the information
collection submitted to OMB for review
on December 4, 2007. The amended
information collection was subsequently
approved by OMB with an expiration
date of March 28, 2011. The sections are
identified below along with an
explanation of the relationship to
questions and comments in the docket.
• Part I—State or Tribe Assessment of
Hazardous Materials Transportation
Fees. PHMSA reduced the information
collected on hazardous materials
transportation fees to only those areas
reflected in the Federal hazardous
materials transportation law, 49 U.S.C.
5125(f). This revision eliminates two
questions: one pertains to the agency
that collects the fee; the other pertains
to whether company size was
considered in the assessment. We
intended this information be collected
at the end of the grant period as part of
the close-out report to alleviate the
concerns of several commenters that
grant funding may be reduced or
eliminated as a result of responses to
this information. However, we have
decided to reserve these questions for
use in a pilot project we are currently
developing. The pilot program will
collect information on hazardous
materials fees from a small number of
states. The pilot approach will allow us
to ‘‘test’’ the questions with a limited
number of states and establish a process
that might allow for full implementation
of the questions at a later date.
• Part II—Reporting of Authorized
Expenditures. To reduce the burden on
grantees and to ensure more consistent
reporting of expenditures, PHMSA
developed a spreadsheet to be used to
report total amounts and percentages of
HMEP grant funds used. The
spreadsheet provides a standardized
format to assist grantees to report
authorized expenditures as specified in
49 CFR 110.40(a) through (b)(4), and
was derived from questions previously
listed in the 30-day notice. The
authorized activities should total 100%
of the grant funds used, and should
provide PHMSA with an appropriate
level of accountability.
• Part III—Report of HMEP Grantee
Accomplishments. Based on comments
and alternative questions submitted to
the docket by NASTTPO, PHMSA
developed a list of questions to be used
PO 00000
Frm 00138
Fmt 4703
Sfmt 4703
39783
by grantees to report the
accomplishments and successes the
HMEP grant program has achieved
through the year. These questions
address both the planning and training
categories of the grant program. PHMSA
believes these questions will provide
the information we are seeking, while
posing less of a burden on grantees. The
questions are presented in a narrative
format for easier and more precise
understanding. In addition, to provide
clarification and to further ease the
burden on grantees, we also provide
examples of the types of information
requested.
The questions in the information
collection were approved by OMB with
an expiration date of March 28, 2011,
and are as follows:
Part I—State or Tribe Assessment of
Hazardous Material Transportation
Fees
Please answer the questions as part of
the grant close-out report.
1. Does your state or tribe assess a fee
or fees in connection with the
transportation of hazardous materials?
2. If the answer to question 1 is ‘‘yes,’’
a. What is the amount of the fee and
the basis on which the fee is assessed?
Examples of the basis on which fees
may be assessed include: (1) An annual
fee for each company which transports
hazardous materials within your state or
tribal territory; (2) a fee for each truck
or vehicle used to transport hazardous
materials within your state or tribal
territory; (3) a fee for certain
commodities or quantities of hazardous
materials transported in your state or
tribal territory; or (4) a fee for each
hazardous materials shipment transiting
your state or tribal territory.
b. For what purpose(s) is the revenue
from the fee used? For example, is the
revenue used to support hazardous
materials transportation enforcement
programs? Is the fee used to support
planning, developing, and maintaining
an emergency response capability?
c. What is the total annual amount of
the revenue collected for the last fiscal
year or 12-month accounting period?
Part II—Reporting of Authorized
Expenditures
Please complete the table on the funds
spent on planning and training grants.
The totals should account for 100
percent of the funds granted to a State,
Territory, or Tribal government.
E:\FR\FM\10JYN1.SGM
10JYN1
39784
Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Notices
ACCOUNTING OF HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS (HMEP) GRANT FUNDS EXPENDED IN THE
REPORTED GRANT YEAR
Expenditures
(dollars)
Section of 49 CFR
Authorized activity
§ 110.40(a) .................
§ 110.40(a)(1) ............
Planning
Provide total dollar amount expended to develop, improve, and implement emergency
plans, as well as exercises which test the plan and enhancements to the plan to include hazard analysis & response procedures to hazmat transportation.
Provide total dollar amount expended to assess flow patterns of hazardous materials
within a state and between states.
Provide total dollar amount expended to assess the need for regional hazardous materials emergency response teams.
Provide total dollar amount expended to assess local response capabilities.
Provide total dollar amount expended to conduct emergency response drills and exercises.
Provide total dollar expended for the use of technical staff to support the planning effort.
Provide total dollar amount expended for additional activities the Associate Administrator deems appropriate to implement the scope of work for the proposed project
and approved in the grant.
Provide the total dollar amount expended by grantees to administer the HMEP planning grant to include improvement to emergency response planning; update or
complete assessments; conduct exercises; and other authorized planning activities
by the grantee to include other authorized expenditures allowed under the law.
§ 110.40(a)(2) ............
§ 110.40(a)(3) ............
§ 110.40(a)(4) ............
§ 110.40(a)(5) ............
§ 110.40(a)(6) ............
§ 110.40(a)(7) ............
Percent of
Total Grant
........................
........................
........................
100
SubTotal Planning Expenditures
§ 110.40(b) .................
§ 110.40(b)(1) ............
§ 110.40(b)(2) ............
§ 110.40(b)(3) ............
§ 110.40(b)(4) ............
§ 110.40(b)(5) ............
§ 110.40(b)(6) ............
Training
Provide total dollar amount expended to assess the number of public sector employees who need proposed training in accordance with the local emergency response
plan.
Provide total dollar amount expended on delivery of preparedness and response
training to include tuition, travel expenses, room & board.
Provide total dollar amount expended for emergency response drills and exercises,
course of study, tests and evaluations of emergency response plans.
Provide total dollar amount expended for expenses associated with giving training
and monitoring training to include, but not limited to examinations, critiques and instructor evaluations.
Provide total dollar amount expended for staff to manage the training effort designed
to result in increased benefits, proficiency, and rapid deployment of local and regional responders.
Provide total dollar amount expended for additional activities the Associate Administrator deems appropriate to implement the scope of work for the proposed project
and approved in the grant.
SubTotal Training Expenditures
Total Planning and Training Expenditures ......................................................................
Part III—Report of Hazardous
Materials Emergency Preparedness
(HMEP) Grant Accomplishments
The questions below are to be used by
grantees to report the accomplishments
and successes the HMEP grant program
has achieved through the year. These
questions address both the planning and
training categories of the grant program.
Please answer each question to the best
of your ability.
jlentini on PROD1PC65 with NOTICES
Questions Pertaining to Planning
1. Provide the total number of Local
Emergency Planning Committees
(LEPC’s) and break out the total number
of active and inactive LEPC’s. Provide
the number of LEPCs that received
funding and the amount received by
each.
VerDate Aug<31>2005
16:58 Jul 09, 2008
Jkt 214001
2. Provide the number of LEPCs that
have identified or further evaluated
risks in their communities. Provide a
brief description of the methods used by
the LEPCs to identify these risks, such
as: Community meetings; review of Tier
2 reports; commodity flow study;
written or windshield surveys; hazard
analysis; and vulnerability assessment
as part of the emergency operations plan
(EOP) process. Provide the number of
commodity flow studies and hazard risk
analyses accomplished.
3. Provide the methods used to update
the emergency plan such as: LEPC
meetings; types of infrastructure update
information; point of contact lists;
location of vulnerable populations;
updates of maps; and response
capabilities. Provide the number of
LEPCs that have updated or written
PO 00000
Frm 00139
Fmt 4703
Sfmt 4703
their emergency plan in the past year to
be consistent with the changing
conditions of the community and the
identified risks.
4. Provide the number of LEPCs that
exercised their emergency operations
plan in the past year. Explain the type
and total number of exercises
conducted, for example: Table top, real
world simulation, or multiple
jurisdictional drills; the agencies
involved; and the number of people
who participated. Provide information
on whether the exercise involved a fixed
facility, a mode of transportation, or a
combination of both. If a mode of
transportation was involved, indicate
whether it was rail, water, road, or air;
and whether a hazardous material(s)
was used as part of the exercise
scenario. If a hazardous material(s) was
E:\FR\FM\10JYN1.SGM
10JYN1
Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Notices
jlentini on PROD1PC65 with NOTICES
used, indicate the type(s) of material
exercised. How many total exercises
were accomplished?
5. Were lessons learned from the
exercise incorporated into response
planning and the community emergency
plan?
6. Provide the number of LEPC
members who attend meetings,
conferences, or other opportunities for
preparedness and response education.
7. Provide the number of LEPCs with
the different types of preparedness
projects and outreach initiatives they
conducted to improve community
awareness and safety.
8. For those LEPCs that retained
HMEP funding, describe the type of
projects that were funded and the cost
associated with each along with a
description of the process used to award
the project (risk analysis, needs
assessment, etc.).
9. Provide the total number of
hazardous materials response teams
located in each of the states/tribe/
territory to include industry teams.
Questions Pertaining to Training
10. Did state grantees provide training
directly? Did they go through an outside
contracted organization to provide
training, or a combination of both?
11. If state grantees provided training,
how many people (fire, police,
emergency medical services (EMS),
other*) received hazmat training in the
past year in accordance with
Occupational Safety and Health
Administration (OSHA) 1910.120; and
to what level of training did they
receive: Awareness, Operation,
Specialist, Technician and refresher
training of these levels. Was the training
fully funded or funded in part** by
HMEP grant funds?
12. Did people receive Incident
Command System (ICS) or other types of
response related training? Examples of
other type of training events would be
Transportation Community Awareness
and Emergency Response
(TRANSCAER), regional or national
hazmat training conferences etc.
13. Were there classes offered other
than those in accordance with National
Fire Protection Association (NFPA) or
OSHA standards? If so, how was the
offering of the course determined, the
number of people trained, and the type
of training conducted?
14. For those states that provided
funding to LEPCs for training, provide
the number of LEPCs to receive funding
for training with the amount received
for each. Provide the number of people
(fire, police, EMS, other) in each level
who received hazmat training in the
past year in accordance with OSHA
VerDate Aug<31>2005
16:58 Jul 09, 2008
Jkt 214001
1910.120. Break down the number of
people trained in each hazmat level:
Awareness, Operation, Specialist,
Technician, and annual refresher
training by level in accordance with
OSHA 1910.120. Provide information on
who provided the training, the number
trained for each, and the type of training
delivered. Was the training fully funded
or funded in part** by HMEP grant
funds?
15. For those states that provided
funding to LEPCs, were classes offered
other than those in accordance with
NFPA or OSHA standards? If so, how
was the offering of the course
determined, the number of people
trained, and the type of training
conducted?
16. Was the training provided based
on a change in the emergency plan or
lessons learned through exercises? If so,
explain.
*‘‘Other’’ may include Public Works,
Emergency Operations Center (EOC),
emergency support functions, liaison
officer, safety officer personnel, etc.
**If HMEP funds are used in any way,
it counts as in part (e.g., books,
prerequisite training, training
equipment, etc.).
II. Implementation of Additional
Questions
PHMSA acknowledges that the
revision of the list of questions from the
December 21, 2007, 30-day notice into
three sections as outlined above may
continue to represent a source of
concern to grantees already faced with
limited resources. We base this belief on
comments received by PHMSA in
response to both the 60-day and 30-day
notice. Therefore, in a further effort to
minimize the burden on grantees and to
also meet our goal to evaluate the
effectiveness of the program, we are
including only the questions from Part
II, ‘‘Reporting of Authorized
Expenditures,’’ and Part III, ‘‘Reporting
of Hazardous Materials Emergency
Preparedness (HMEP) Grant
Accomplishments,’’ in the 2008 HMEP
application kit. These questions are to
be answered during the close-out
procedures conducted and submitted at
the end of the application cycle. We are
reserving the questions from Part I
‘‘State or Tribe Assessment of
Hazardous Materials Transportation
Fees’’ for use in a pilot project that we
are currently developing. The pilot
program will collect information on
hazardous materials fees from a small
number of states. The pilot approach
will allow us to ‘‘test’’ the questions
with a limited number of states and
establish a process that might allow for
PO 00000
Frm 00140
Fmt 4703
Sfmt 4703
39785
full implementation of the questions at
a later date.
III. Information Collection Burden for
the HMEP Grant Program
The total revised information
collection burden for the HMEP grant
program follows:
Title: Hazardous Materials Public
Sector Training and Planning Grants.
OMB Control Number: 2137–0586.
Type of Request: Revision of a
currently approved information
collection. Abstract: 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.
Recordkeeping:
Estimated Number of Respondents: 68.
Estimated Number of Responses: 68.
Estimated Annual Burden Hours:
5,290.
Frequency of Collection: On occasion.
Issued in Washington, DC, on July 3, 2008.
Edward T. Mazzullo,
Director, Office of Hazardous Materials
Standards.
[FR Doc. E8–15653 Filed 7–9–08; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0579]
Proposed Information Collection
(Request for Vocational Training
Benefits—Certain Children of Vietnam
Veterans); Comment Request
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
SUMMARY: 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
E:\FR\FM\10JYN1.SGM
10JYN1
Agencies
[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Pages 39780-39785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15653]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2007-27181 (Notice No. 08-6)]
Information Collection Activities
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of information collection approval.
-----------------------------------------------------------------------
SUMMARY: This notice announces Office of Management and Budget (OMB)
approval and extension until March 28, 2011 for an information
collection request entitled ``Hazardous Materials Public Sector
Training and Planning Grants,'' under OMB Control No. 2137-0586. This
ICR was revised to implement a statutory provision authorizing PHMSA to
request information from states concerning fees related to the
transportation of hazardous materials. We are reserving these questions
for use in a pilot project we are currently developing. In addition,
this ICR was revised to include more detailed information from grantees
to enable us to more accurately evaluate the effectiveness of the grant
[[Page 39781]]
program in meeting emergency response planning and training needs.
These questions are to be answered during the close-out procedures
conducted and submitted at the end of the application cycle.
DATES: The expiration date for this information collection is March 28,
2011.
ADDRESSES: Requests for a copy of an information collection should be
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-11), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue, SE., East Building, 2nd Floor,
Washington, DC 20590, 202-366-8553.
FOR FURTHER INFORMATION CONTACT: Deborah Boothe or T. Glenn Foster,
Office of Hazardous Materials Standards (PHH-11), Pipeline and
Hazardous Materials Safety Administration, 1200 New Jersey Avenue, SE.,
East Building, 2nd Floor, Washington, DC 20590, 202-366-8553.
SUPPLEMENTARY INFORMATION: Office of Management and Budget (OMB)
regulations (5 CFR 1320) implementing provisions of the Paperwork
Reduction Act of 1995 (Pub. L. 104-13) require that interested members
of the public and affected agencies have an opportunity to comment on
information collection and recordkeeping activities (see 5 CFR
1320.8(s)) and specify that no person is required to respond to an
information collection unless it displays a valid OMB control number.
In accordance with the Paperwork Reduction Act of 1995, PHMSA has
received OMB approval for renewal of the following ICR:
OMB Control Number: 2137-0586.
Title: ``Hazardous Materials Public Sector Training and Planning
Grants.''
Expiration Date: March 28, 2011.
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 an information collection PHMSA
submitted to OMB for revision under OMB Control Number 2137-0586. This
collection is contained in 49 CFR Part 110, Hazardous Materials Public
Sector Training and Planning Grants. We are revising the information
collection to implement a statutory provision authorizing PHMSA to
request information from states concerning fees related to the
transportation of hazardous materials. We are reserving these questions
for use in a pilot project we are currently developing. In addition, we
are revising the current information collection to include more
detailed information from grantees to enable us to more accurately
evaluate the effectiveness of the grant program in meeting emergency
response planning and training needs. These questions are to be
answered during the close-out procedures conducted and submitted at the
end of the application cycle.
State and Tribal Hazardous Materials Fees
Federal hazardous materials transportation law (Federal hazmat law;
49 U.S.C. 5101 et seq.) specifies that Hazardous Materials Emergency
Preparedness (HMEP) grant funds are to be allocated based on the needs
of states and Indian tribes for emergency response planning and
training, considering a number of factors including whether the state
or tribe imposes and collects a fee on the transportation of hazardous
materials and whether the fee is used only to carry out a purpose
related to the transportation of hazardous materials. 40 U.S.C.
5116(b)(4). Accordingly, the HMEP grant application procedures in Part
110 require applicants to submit a statement explaining whether the
applicant assesses and collects fees for the transportation of
hazardous materials and whether those fees are used solely to carry out
purposes related to the transportation of hazardous materials.
Section 5125(f) of the Federal hazmat law permits a state,
political subdivision of a state, or Indian tribe to impose a fee
related to the transportation of hazardous materials only if the fee is
fair and used for a purpose related to transporting hazardous
materials, including enforcement and planning, developing, and
maintaining a capability for emergency response. In accordance with
section 5125, the Department of Transportation may require a state,
political subdivision of a state, or Indian tribe to report on the fees
it collects, including: (1) The basis on which the fee is levied; (2)
the purposes for which the revenues from the fee are used; and (3) the
total amount of annual revenues collected from the fee. Until now, we
have not proposed asking states, political subdivisions, or Indian
tribes to report this information.
I. Background
In response to our February 26, 2007 Notice [72 FR 8421] concerning
the three-year renewal of the OMB approval of the information
collection required of applicants for HMEP grants, we received one
comment from the Interested Parties for Hazardous Materials
Transportation urging us to require grant applicants to report on the
hazardous materials information fees they collect in accordance with
section 5125(f) of the Federal hazmat law. The commenter stated that
such information is important for both the agency and the regulated
community to determine if states are in compliance with applicable
provisions of the Federal hazmat law.
We agreed that we should ask states and Indian tribes to provide
more detailed information about hazardous materials fees they collect
in order to increase the transparency of the programs funded by HMEP
grants and to enable us to more accurately evaluate the effectiveness
of the HMEP program in meeting emergency response planning and training
needs. Therefore, we published a Federal Register Notice on July 5,
2007 with a 60-day comment period soliciting comments on revisions to
the instructions for submitting an HMEP grant application to request
that applicants expand on the currently required statement explaining
whether the state or Indian tribe assesses and collects fees on the
transportation of hazardous materials and whether such fees are used
solely for purposes related to the transportation of hazardous
materials. In the 60-day notice, we indicated that, beginning with the
application for FY 2008 funds, applicants will be asked to respond to
an additional set of questions pertaining to state fees, specific
information regarding planning and training grants, and an overall
program evaluation in their performance reports.
The comment period for the 60-day notice closed on September 4,
2007. PHMSA received comments from the following companies,
organizations, and individuals: The American Trucking Association
(ATA); Colorado Emergency Planning Commission; Kevin Crawford; Robert
E. Dopp; Delaware Emergency Management Agency; the Institute of Makers
of Explosives (IME); Lyle Milby; Timothy Gablehouse; Steven Goza;
Donald K. Hall; the National Tank Truck Carriers (NTTC); the Nuclear
Energy Institute (NEI); Oklahoma Hazardous Materials Emergency Response
Commission; James J. Plum; Daniel Roe; and the State of
Wisconsin[bs]Department of Military Affairs Wisconsin
Emergency Management.
Commenters generally agree that additional information from
grantees will assist in PHMSA's evaluation of the emergency response
funding needs of states and Indian tribes, and will promote a more
effective use of HMEP grant funds. However, many commenters express
concern that
[[Page 39782]]
funding may be reduced or eliminated as a result of responses by the
applicants to the additional questions; the additional questions were
an excessive burden on applicants without a measurable benefit or a
specific use of the information; and the rationale and motivation of
the petitioner were questionable.
In response to these comments, we published a Federal Register
Notice on November 21, 2007 [72 FR 65638] with a 30-day comment period
to address the concerns of the commenters. We also revised the more
burdensome of the proposed questions and provided an abbreviated
version of the questions in a less time-consuming and more user-
friendly format. In addition, we also recalculated the information
collection burden based on the revisions to the proposed questions. The
revised questions outlined in the November 21, 2007 notice were as
follows:
1. Does your state or tribe assess a fee or fees in connection with
the transportation of hazardous materials? Yes or No
2. If the answer to question 1 is ``yes,''
a. What state agency administers the fee?
b. What is the amount of the fee and the basis on which the fee is
assessed? Examples of the bases on which fees may be assessed include:
(1) An annual fee for each company which transports hazardous materials
within your state or tribal territory; (2) a fee for each truck or
vehicle used to transport hazardous materials within your state or
tribal territory; (3) a fee for certain commodities or quantities of
hazardous materials transported in your state or tribal territory; or
(4) a fee for each hazardous materials shipment transiting your state
or tribal territory.
c. For what purpose(s) is the revenue from the fee used? For
example, is the revenue used to support hazardous materials
transportation enforcement programs? Is the fee used to support
planning, developing, and maintaining an emergency response capability?
d. What is the total annual amount of the revenue collected for the
last fiscal year or 12-month accounting period?
Planning Grants
1. Did you complete or update assessments of commodity flow
patterns in your jurisdiction? Yes or No. If so, how many? Please
describe in one or two sentences the results of each assessment
2. Did you complete or update assessments of the emergency response
capabilities in your jurisdiction? Yes or No. If yes, what factors did
you consider to complete such assessments? How many assessments were
completed? Please describe in one or two sentences the results of those
assessments.
3. Did you or local emergency planning committees develop or
improve emergency plans in your state? If so, how many plans were
either developed or updated? Briefly describe the outcome of this
effort.
4. Did you or local emergency planning committees in your state
conduct emergency response drills or exercises in support of their
emergency plans? Yes or No. How many exercises or drills did you
conduct? Briefly describe the drill or exercise (tabletop, computer
simulation, real-world simulation, or other drill or exercise), the
number and types of participants, including shipper or carrier
participants, and lessons learned.
5. How many Local Emergency Planning Committees (LEPCs) are located
in your jurisdiction? How many LEPCs were assisted using Hazardous
Materials Emergency Preparedness (HMEP) funds?
Training Grants
1. Did you complete an assessment of the training needs of the
emergency response personnel in your jurisdiction? Yes or No. What
factors did you consider to complete the assessment? What was the
result of that assessment?
2. Provide details concerning the number of individuals trained in
whole or in part using HMEP training grant funds on the following
chart:
----------------------------------------------------------------------------------------------------------------
Funded in part** Funded fully
----------------------------------------------------------------------------------------------------------------
a. Fire................................................... ______ ______
b. Police................................................. ______ ______
c. Emergency Medical Services (EMS)....................... ______ ______
d. Refresher.............................................. ______ ______
e. Other*................................................. ______ ______
Total................................................... ______ ______
----------------------------------------------------------------------------------------------------------------
Please indicate the hazmat training level for the persons trained
in the above chart by the following training levels:
Awareness..................................... ______
Operations.................................... ______
Technician.................................... ______
Refresher..................................... ______
Incident Command System (ICS)................. ______
Site Specialist............................... ______
3. Did you develop new training using HMEP training grant funds in
whole or in part, such as training in handling specific types of
incidents of specific types of materials? Yes or No. If so, briefly
describe the new programs. Was the program qualified using the HMEP
Curriculum Guidelines process? Yes or No.
4. Do you have a system in place for measuring the effectiveness of
emergency response to hazardous materials incidents in your
jurisdiction? Yes or No. How many state and local response teams are
located in your jurisdiction? What is the estimated coverage of these
teams (e.g., the percent of state jurisdictions covered)?
Overall Program Evaluation
1. Given the amount of assistance available, using a scale of 1-5
(with 5 being excellent and 1 being poor), how well has the HMEP grant
program met your need for preparing hazmat emergency responders?
2. Given projected increases, using a scale of 1-5 (with 5 being
excellent and 1 being poor), how well do you think the HMEP grant
program will meet your future needs?
3. What areas of the HMEP grant program would you recommend for
enhancement?
The comment period for the 30-Day Notice closed on December 21,
2007. PHMSA received comments from the following companies,
organizations, and individuals: The American Samoa Government; Cathy
Canty; Don Cary; Cleveland County Local Emergency Planning Committee;
Jack Cobb; Colorado Emergency Planning Commission; Eddy D. Cooke;
Montressa Jo Elder; Stephen T. Grayson; Glenn K. Grove; Senator James
M. Imhofe (R-Oklahoma); Monty Matlock; Lyle Milby; Greg Moser; Randall
J. McConnell; National Association of SARA Title III Program Officials
(NASTTPO); Pueblo Local Emergency Planning Committee; Daniel Roe; Keith
Shadden; Greg
[[Page 39783]]
Stasinos; LaRiea Thompson; Amanda Vargas; Pete Weaver; and Tim Zaremba.
Many of the commenters share PHMSA's goal of more accurately
evaluating the effectiveness of the grant program in meeting emergency
response planning and training needs. However, most of the commenters
oppose the revisions and cite many of the same reasons enumerated in
response to the 60-day notice, i.e.; the additional questions are an
excessive burden on applicants without a measurable benefit or a
specific use of the information. Other commenters warn that excessive
burden generated by additional questions will have far-reaching
ramifications on the grantees. For instance, Tim Zaremba, coordinator
for the Navajo County, Arizona LEPC states that he ``strongly concurs
with the comments that seek to avoid increased burdens on grassroots
communities that are already doing our level best to meet existing
requirements and be successful in our activities,'' and that PHMSA
``should realize that any increase in information seeking will
ultimately filter down to where the data exists, namely at the local
level.'' In its comments in a letter dated February 27, 2008, NASTTPO,
an organization whose membership includes many HMEP grantees, indicates
that there is a shared ``goal of providing a measure of the success of
the program relative to the preparedness continuum.'' In the letter,
NASTTPO objects to the burden PHMSA's proposed questions would place on
grantees and suggests alternative questions which are less burdensome.
PHMSA reviewed the NASTTPO recommendation along with other comments
received to the docket, and while our objective of program
accountability does not change, we believe an approach that
incorporates comments and addresses concerns of all interested parties
is possible. Such an information collection package would reduce and
clarify the information collection requirements, change when
information needs to be reported, include a simplified method to report
accounting information, and incorporate information already provided by
grantees. We believe this will assist us in evaluating the
effectiveness of the grant program while reducing the burden on
grantees to collect and report the information. Therefore, we revised
the list of questions from the December 21, 2007, 30-day notice into
three sections, re-calculated the information collection, and provided
an alternative list of questions to OMB as an amendment to the
information collection submitted to OMB for review on December 4, 2007.
The amended information collection was subsequently approved by OMB
with an expiration date of March 28, 2011. The sections are identified
below along with an explanation of the relationship to questions and
comments in the docket.
Part I--State or Tribe Assessment of Hazardous Materials
Transportation Fees. PHMSA reduced the information collected on
hazardous materials transportation fees to only those areas reflected
in the Federal hazardous materials transportation law, 49 U.S.C.
5125(f). This revision eliminates two questions: one pertains to the
agency that collects the fee; the other pertains to whether company
size was considered in the assessment. We intended this information be
collected at the end of the grant period as part of the close-out
report to alleviate the concerns of several commenters that grant
funding may be reduced or eliminated as a result of responses to this
information. However, we have decided to reserve these questions for
use in a pilot project we are currently developing. The pilot program
will collect information on hazardous materials fees from a small
number of states. The pilot approach will allow us to ``test'' the
questions with a limited number of states and establish a process that
might allow for full implementation of the questions at a later date.
Part II--Reporting of Authorized Expenditures. To reduce
the burden on grantees and to ensure more consistent reporting of
expenditures, PHMSA developed a spreadsheet to be used to report total
amounts and percentages of HMEP grant funds used. The spreadsheet
provides a standardized format to assist grantees to report authorized
expenditures as specified in 49 CFR 110.40(a) through (b)(4), and was
derived from questions previously listed in the 30-day notice. The
authorized activities should total 100% of the grant funds used, and
should provide PHMSA with an appropriate level of accountability.
Part III--Report of HMEP Grantee Accomplishments. Based on
comments and alternative questions submitted to the docket by NASTTPO,
PHMSA developed a list of questions to be used by grantees to report
the accomplishments and successes the HMEP grant program has achieved
through the year. These questions address both the planning and
training categories of the grant program. PHMSA believes these
questions will provide the information we are seeking, while posing
less of a burden on grantees. The questions are presented in a
narrative format for easier and more precise understanding. In
addition, to provide clarification and to further ease the burden on
grantees, we also provide examples of the types of information
requested.
The questions in the information collection were approved by OMB
with an expiration date of March 28, 2011, and are as follows:
Part I--State or Tribe Assessment of Hazardous Material Transportation
Fees
Please answer the questions as part of the grant close-out report.
1. Does your state or tribe assess a fee or fees in connection with
the transportation of hazardous materials?
2. If the answer to question 1 is ``yes,''
a. What is the amount of the fee and the basis on which the fee is
assessed? Examples of the basis on which fees may be assessed include:
(1) An annual fee for each company which transports hazardous materials
within your state or tribal territory; (2) a fee for each truck or
vehicle used to transport hazardous materials within your state or
tribal territory; (3) a fee for certain commodities or quantities of
hazardous materials transported in your state or tribal territory; or
(4) a fee for each hazardous materials shipment transiting your state
or tribal territory.
b. For what purpose(s) is the revenue from the fee used? For
example, is the revenue used to support hazardous materials
transportation enforcement programs? Is the fee used to support
planning, developing, and maintaining an emergency response capability?
c. What is the total annual amount of the revenue collected for the
last fiscal year or 12-month accounting period?
Part II--Reporting of Authorized Expenditures
Please complete the table on the funds spent on planning and
training grants. The totals should account for 100 percent of the funds
granted to a State, Territory, or Tribal government.
[[Page 39784]]
Accounting of Hazardous Materials Emergency Preparedness (HMEP) Grant Funds Expended in the Reported Grant Year
----------------------------------------------------------------------------------------------------------------
Expenditures Percent of
Section of 49 CFR Authorized activity (dollars) Total Grant
----------------------------------------------------------------------------------------------------------------
Sec. 110.40(a)................. Planning
Sec. 110.40(a)(1).............. Provide total dollar amount expended to
develop, improve, and implement emergency
plans, as well as exercises which test the
plan and enhancements to the plan to include
hazard analysis & response procedures to
hazmat transportation.
Sec. 110.40(a)(2).............. Provide total dollar amount expended to
assess flow patterns of hazardous materials
within a state and between states.
Sec. 110.40(a)(3).............. Provide total dollar amount expended to
assess the need for regional hazardous
materials emergency response teams.
Sec. 110.40(a)(4).............. Provide total dollar amount expended to
assess local response capabilities.
Sec. 110.40(a)(5).............. Provide total dollar amount expended to
conduct emergency response drills and
exercises.
Sec. 110.40(a)(6).............. Provide total dollar expended for the use of
technical staff to support the planning
effort.
Sec. 110.40(a)(7).............. Provide total dollar amount expended for
additional activities the Associate
Administrator deems appropriate to implement
the scope of work for the proposed project
and approved in the grant.
Provide the total dollar amount expended by .............. ..............
grantees to administer the HMEP planning
grant to include improvement to emergency
response planning; update or complete
assessments; conduct exercises; and other
authorized planning activities by the
grantee to include other authorized
expenditures allowed under the law.
----------------------------------------------------------------------------------------------------------------
SubTotal Planning Expenditures
----------------------------------------------------------------------------------------------------------------
Sec. 110.40(b)................. Training
Sec. 110.40(b)(1).............. Provide total dollar amount expended to
assess the number of public sector employees
who need proposed training in accordance
with the local emergency response plan.
Sec. 110.40(b)(2).............. Provide total dollar amount expended on
delivery of preparedness and response
training to include tuition, travel
expenses, room & board.
Sec. 110.40(b)(3).............. Provide total dollar amount expended for
emergency response drills and exercises,
course of study, tests and evaluations of
emergency response plans.
Sec. 110.40(b)(4).............. Provide total dollar amount expended for
expenses associated with giving training and
monitoring training to include, but not
limited to examinations, critiques and
instructor evaluations.
Sec. 110.40(b)(5).............. Provide total dollar amount expended for
staff to manage the training effort designed
to result in increased benefits,
proficiency, and rapid deployment of local
and regional responders.
Sec. 110.40(b)(6).............. Provide total dollar amount expended for
additional activities the Associate
Administrator deems appropriate to implement
the scope of work for the proposed project
and approved in the grant.
----------------------------------------------------------------------------------------------------------------
SubTotal Training Expenditures
----------------------------------------------------------------------------------------------------------------
Total Planning and Training Expenditures..... .............. 100
----------------------------------------------------------------------------------------------------------------
Part III--Report of Hazardous Materials Emergency Preparedness (HMEP)
Grant Accomplishments
The questions below are to be used by grantees to report the
accomplishments and successes the HMEP grant program has achieved
through the year. These questions address both the planning and
training categories of the grant program. Please answer each question
to the best of your ability.
Questions Pertaining to Planning
1. Provide the total number of Local Emergency Planning Committees
(LEPC's) and break out the total number of active and inactive LEPC's.
Provide the number of LEPCs that received funding and the amount
received by each.
2. Provide the number of LEPCs that have identified or further
evaluated risks in their communities. Provide a brief description of
the methods used by the LEPCs to identify these risks, such as:
Community meetings; review of Tier 2 reports; commodity flow study;
written or windshield surveys; hazard analysis; and vulnerability
assessment as part of the emergency operations plan (EOP) process.
Provide the number of commodity flow studies and hazard risk analyses
accomplished.
3. Provide the methods used to update the emergency plan such as:
LEPC meetings; types of infrastructure update information; point of
contact lists; location of vulnerable populations; updates of maps; and
response capabilities. Provide the number of LEPCs that have updated or
written their emergency plan in the past year to be consistent with the
changing conditions of the community and the identified risks.
4. Provide the number of LEPCs that exercised their emergency
operations plan in the past year. Explain the type and total number of
exercises conducted, for example: Table top, real world simulation, or
multiple jurisdictional drills; the agencies involved; and the number
of people who participated. Provide information on whether the exercise
involved a fixed facility, a mode of transportation, or a combination
of both. If a mode of transportation was involved, indicate whether it
was rail, water, road, or air; and whether a hazardous material(s) was
used as part of the exercise scenario. If a hazardous material(s) was
[[Page 39785]]
used, indicate the type(s) of material exercised. How many total
exercises were accomplished?
5. Were lessons learned from the exercise incorporated into
response planning and the community emergency plan?
6. Provide the number of LEPC members who attend meetings,
conferences, or other opportunities for preparedness and response
education.
7. Provide the number of LEPCs with the different types of
preparedness projects and outreach initiatives they conducted to
improve community awareness and safety.
8. For those LEPCs that retained HMEP funding, describe the type of
projects that were funded and the cost associated with each along with
a description of the process used to award the project (risk analysis,
needs assessment, etc.).
9. Provide the total number of hazardous materials response teams
located in each of the states/tribe/territory to include industry
teams.
Questions Pertaining to Training
10. Did state grantees provide training directly? Did they go
through an outside contracted organization to provide training, or a
combination of both?
11. If state grantees provided training, how many people (fire,
police, emergency medical services (EMS), other*) received hazmat
training in the past year in accordance with Occupational Safety and
Health Administration (OSHA) 1910.120; and to what level of training
did they receive: Awareness, Operation, Specialist, Technician and
refresher training of these levels. Was the training fully funded or
funded in part** by HMEP grant funds?
12. Did people receive Incident Command System (ICS) or other types
of response related training? Examples of other type of training events
would be Transportation Community Awareness and Emergency Response
(TRANSCAER), regional or national hazmat training conferences etc.
13. Were there classes offered other than those in accordance with
National Fire Protection Association (NFPA) or OSHA standards? If so,
how was the offering of the course determined, the number of people
trained, and the type of training conducted?
14. For those states that provided funding to LEPCs for training,
provide the number of LEPCs to receive funding for training with the
amount received for each. Provide the number of people (fire, police,
EMS, other) in each level who received hazmat training in the past year
in accordance with OSHA 1910.120. Break down the number of people
trained in each hazmat level: Awareness, Operation, Specialist,
Technician, and annual refresher training by level in accordance with
OSHA 1910.120. Provide information on who provided the training, the
number trained for each, and the type of training delivered. Was the
training fully funded or funded in part** by HMEP grant funds?
15. For those states that provided funding to LEPCs, were classes
offered other than those in accordance with NFPA or OSHA standards? If
so, how was the offering of the course determined, the number of people
trained, and the type of training conducted?
16. Was the training provided based on a change in the emergency
plan or lessons learned through exercises? If so, explain.
\*\``Other'' may include Public Works, Emergency Operations Center
(EOC), emergency support functions, liaison officer, safety officer
personnel, etc.
\**\If HMEP funds are used in any way, it counts as in part (e.g.,
books, prerequisite training, training equipment, etc.).
II. Implementation of Additional Questions
PHMSA acknowledges that the revision of the list of questions from
the December 21, 2007, 30-day notice into three sections as outlined
above may continue to represent a source of concern to grantees already
faced with limited resources. We base this belief on comments received
by PHMSA in response to both the 60-day and 30-day notice. Therefore,
in a further effort to minimize the burden on grantees and to also meet
our goal to evaluate the effectiveness of the program, we are including
only the questions from Part II, ``Reporting of Authorized
Expenditures,'' and Part III, ``Reporting of Hazardous Materials
Emergency Preparedness (HMEP) Grant Accomplishments,'' in the 2008 HMEP
application kit. These questions are to be answered during the close-
out procedures conducted and submitted at the end of the application
cycle. We are reserving the questions from Part I ``State or Tribe
Assessment of Hazardous Materials Transportation Fees'' for use in a
pilot project that we are currently developing. The pilot program will
collect information on hazardous materials fees from a small number of
states. The pilot approach will allow us to ``test'' the questions with
a limited number of states and establish a process that might allow for
full implementation of the questions at a later date.
III. Information Collection Burden for the HMEP Grant Program
The total revised information collection burden for the HMEP grant
program follows:
Title: Hazardous Materials Public Sector Training and Planning
Grants.
OMB Control Number: 2137-0586.
Type of Request: Revision of a currently approved information
collection. Abstract: 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.
Recordkeeping:
Estimated Number of Respondents: 68.
Estimated Number of Responses: 68.
Estimated Annual Burden Hours: 5,290.
Frequency of Collection: On occasion.
Issued in Washington, DC, on July 3, 2008.
Edward T. Mazzullo,
Director, Office of Hazardous Materials Standards.
[FR Doc. E8-15653 Filed 7-9-08; 8:45 am]
BILLING CODE 4910-60-P