Paperless Hazard Communications Pilot Program, 43263-43268 [2013-17363]
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Federal Register / Vol. 78, No. 139 / Friday, July 19, 2013 / Notices
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States may now use available CMRS
networks to screen trucks equipped
with wireless mobile data devices used
as transponders. CMRS network devices
such as smartphones, tablets, fleet
management systems, GPS navigational
units, and onboard telematics devices
are capable of transmitting and
receiving multiple forms of wireless
mobile data and thus, are considered
transponders for the purposes of the
CVISN program.
CMRS transponders use commercially
available mobile radio transmission
frequencies to access cellular data
networks and exchange carrier and
vehicle credentials utilizing web-based
technologies. Triggered via GPS
signaling, CMRS transponders
communicate through the internet to
electronic screening systems that issue
traditional red light/green light
responses for in-cab displays mounted
on the dashboard. Because CMRS
transponders are hardware neutral,
drivers can install a variety of cellularenabled GPS-connected devices (such as
smartphones, tablets, fleet management
systems, GPS navigational units, and
onboard telematics devices) in vehicles.
This policy announcement does not
affect the applicability or enforcement
of FMCSA’s regulations under 49 CFR
part 392 prohibiting texting and the use
of hand-held wireless mobile phones by
commercial motor vehicle (CMV)
drivers.
Benefits
Use of wireless mobile data devices as
transponders with CMRS provides
benefits to FMCSA and key stakeholders
including State CMV enforcement
agencies, industry, and participating
motor carriers:
1. All of the remaining 11 States that
have not yet achieved CVISN core
deployment status because they have
not met the CVISN electronic screening
requirement will have another option to
achieve CVISN core deployment status.
This makes States eligible for the
expanded CVISN funding deployment
milestone and improves data sharing
among States and FMCSA.
2. The electronic screening system
enables State enforcement agencies to
identify CMV drivers and check their
safety status at highway speeds and
enables FMCSA and State partners to
more efficiently utilize resources to
target high risk carriers.
3. The capability to check the safety
status of drivers and vehicles at
highway speeds will decrease
congestion and vehicle emissions at
inspection sites. Motor carriers will
avoid fuel costs associated with idling at
weigh stations and inspection sites.
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4. State agencies can add additional
electronic screening sites, both fixed
and mobile, with no infrastructurerelated costs. CMRS-enabled systems
give States significant flexibility in
activating and de-activating geofences
(the virtual perimeter for the real-world
geographic area in which truck station
bypass systems electronically screen
CMVs).
5. For participating motor carriers,
available CMRS-based electronic
screening systems are technologyplatform neutral and could be operated,
on wireless mobile data devices, as well
as onboard fleet management systems.
The use of the system is consistent with
FMCSA’s prohibition against the use of
hand-held mobile phones and texting
and complements existing DSRC-based
screening systems.
Issued on: July 8, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013–17418 Filed 7–18–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2013–0124, Notice No.
13–7]
Paperless Hazard Communications
Pilot Program
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
PHMSA invites volunteers for
a pilot program to evaluate the
effectiveness of paperless hazard
communications systems and comments
on an information collection activity
associated with the pilot program.
‘‘Moving Ahead for Progress in the 21st
Century Act’’ (MAP–21) authorizes
PHMSA to conduct a pilot program to
evaluate the feasibility and effectiveness
of using paperless hazard
communications systems. In accordance
with MAP–21, in conducting the pilot
projects, PHMSA may not waive the
current shipping paper requirements. In
addition, MAP–21 indicates that
PHMSA must consult with
organizations representing fire and other
emergency responders, law
enforcement, and regulated entities.
Upon completion of the pilot projects,
PHMSA must evaluate the feasibility
and effectiveness of paperless hazard
communications systems and make a
recommendation to Congress regarding
SUMMARY:
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regulatory changes that would
permanently authorize the use of
paperless hazard communications
systems. The report is due to Congress
by October 1, 2014. The intent of this
notice is to: (1) Describe the current
regulatory requirements for shipping
papers; (2) describe authority granted
under MAP–21; (3) explain the goal,
scope, and intent of the pilot program;
(4) seek volunteers to participate in the
pilot projects and describe criteria for
selecting pilot participants from the
volunteers; and (5) seek comment on the
request for information to be collected
in conducting the pilot projects and in
consulting with organizations
representing fire and other emergency
responders, law enforcement, and
regulated entities. Information gathered
will enable PHMSA to generate a report
to Congress detailing: (1) The
performance of each paperless hazard
communications system tested during
the pilot projects; (2) PHMSA’s
assessment of the safety and security
impacts on stakeholders; (3) the
associated costs and benefits; and (4)
PHMSA’s regulatory
recommendation(s).
Interested persons are invited to
submit comments on or before
September 17, 2013.
ADDRESSES: You may submit comments,
and statements of interest to volunteer,
identified by the docket number
(PHMSA–2013–0124) by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• FAX: 1–202–493–2251.
• Mail: Docket Management System,
U.S. Department of Transportation,
Docket Operations, Routing Symbol M–
30, West Building, Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Docket Operations,
West Building, Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, from 9:00 a.m.
to 5:00 p.m., Monday through Friday,
except Federal holidays.
Instructions: All submissions must
include the agency name and docket
number for this notice at the beginning
of the comment. To avoid duplication,
please use only one of these four
methods. All comments received will be
posted without change to https://
www.regulations.gov and will include
any personal information you provide.
Docket: For access to the dockets to
read background documents or
comments received, go to https://
www.regulations.gov or DOT’s Docket
Operations Office (see ADDRESSES).
DATES:
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Privacy Act: Anyone is able to search
the electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
document (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477) or you may visit https://
www.gpo.gov/fdsys/pkg/FR-2000-04-11/
pdf/00-8505.pdf
FOR FURTHER INFORMATION CONTACT:
James O. Simmons, U.S. Department of
Transportation, Engineering and
Research Division (PHH–23), Pipeline
and Hazardous Materials Safety
Administration, 1200 New Jersey
Avenue SE., East Building, 2nd Floor,
Washington, DC 20590–0001,
Telephone (202) 366–4545. Requests for
a copy of the information collection
should be directed to T. Glenn Foster,
U.S. Department of Transportation,
Standards and Rulemaking Division
(PHH–12), Pipeline and Hazardous
Materials Safety Administration, 1200
New Jersey Avenue SE., East Building,
2nd Floor, Washington, DC 20590–0001,
Telephone (202) 366–8553.
SUPPLEMENTARY INFORMATION: Section
1320.8 (d), Title 5, Code of Federal
Regulations (CFR) requires that PHMSA
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 activity PHMSA is
undertaking to evaluate the
effectiveness of a paperless hazard
communications pilot program
authorized under Title III, Section
33005, of the Hazardous Materials
Transportation Safety Improvement Act
of 2012 (H.R. 4348), also referenced as
the ‘‘Moving Ahead for Progress in the
21st Century Act’’ (H.R. 4348, ‘‘MAP–
21’’). This notice also seeks volunteers
(shippers, carriers, law enforcement,
and emergency response personnel)
who are interested in participating in
the pilot projects. The pilot projects and
the information collection activity
identified in this notice have been
designed to ensure full collaboration
with modal administrations, law
enforcement personnel, fire services and
emergency response providers, and
regulated entities (shippers and carriers
who transport hazardous materials by
air, highway, rail, and water) to test the
feasibility and then evaluate both the
feasibility and effectiveness of using
paperless hazardous materials (e-HM)
communications systems (e-systems).
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The following sections describe the: (1)
Current regulatory requirements for
shipping papers; (2) authority granted
under MAP–21; (3) goal, scope, and
intent of the pilot program and request
for volunteers to participate in the
pilots; (4) criteria used for selecting
pilot participants; and (5) request for
information to be collected in
conducting the pilot projects and in
consulting with organizations
representing fire and other emergency
responders, law enforcement, and
regulated entities.
1. History of and Current Regulatory
Requirements for Shipping Papers
The Hazardous Materials Regulations
(HMR; 49 CFR Parts 171–180) require a
person who offers hazardous materials
for transportation in commerce to
describe the hazardous materials on a
shipping paper in the manner required
in 49 CFR Part 172, Subpart C. The
shipping paper requirements identify
key hazard communication information
(e.g., UN number, proper shipping
name, hazard class, packing group, type
and quantity of packaging, and
emergency response telephone number).
Unless an exception from the shipping
paper requirements is provided in the
regulations, a paper copy of the
shipping paper must accompany a
hazardous material during
transportation. A shipping paper
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’’ (49
CFR 171.8, definition of ‘‘shipping
paper’’). A hazardous waste manifest
‘‘may be used as the shipping paper’’ if
it contains all the information required
by Part 172, Subpart C (49 CFR
172.205(h)).
In 1994, Congress amended the
Federal hazardous materials
transportation law (Federal hazmat law)
to require that, after a hazardous
material ‘‘is no longer in
transportation,’’ all offerors and carriers
of a hazardous material must retain the
shipping paper ‘‘or electronic image
thereof for a period of 1 year to be
accessible through their respective
principal places of business’’ (49 U.S.C.
5110(e), added by Pub. L. 103–311, Title
I, § 115, 108 Stat. 1678 (Aug. 26, 1994)).
That section also requires that the
offeror and carrier ‘‘shall, upon request,
make the shipping paper available to a
Federal, State, or local government
agency at reasonable times and
locations.’’
On September 12, 2001, the Research
and Special Programs Administration
(the predecessor to PHMSA) issued a
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notice of proposed rulemaking (NPRM)
to amend the HMR to conform with
§ 5110(e) (66 FR 47443). The 2001
NPRM indicated an electronic image
includes an image transmitted by a
facsimile (FAX) machine, an image on
the screen of a computer, or an image
generated by an optical imaging
machine. To facilitate compliance with,
and enforcement of, the hazardous
materials shipping paper requirement,
in 2002 PHMSA further amended the
HMR regarding the retention and
information requirements associated
with shipping papers. Amendments
included extending the retention period
to 375 days; requiring the copy to
include the date that the shipment is
accepted for transportation by the initial
carrier; and requiring that the shipping
paper copy or its electronic image be
accessible at or through the principal
place of business of each person
required to prepare or maintain it
during transportation. Consideration for
allowing the use of electronic
communication while hazardous
materials are actually in transportation
is the next step in the evolution of
hazard communication.
The implementation of e-systems has
already begun and will evolve if
industry determines that investing in
technology is economically beneficial
for its businesses. Spurred by
competitive demands, just-in-time
delivery requirements, and the
globalization of supply chains, many
transportation and logistics industries
have embraced modern innovations to
communicate. However, the HMR
requires the use of a paper copy of the
shipping document. The rationale
behind a paper-based system is to
convey the necessary information in a
consistent manner that is widely
understood and accepted by all
regulated entities, law enforcement, and
emergency responders.
2. Authority Granted Under MAP–21
Section 33005 of MAP–21 provided
PHMSA the authority to conduct
paperless hazard communications pilot
projects. PHMSA will conduct the pilot
projects to evaluate the feasibility of
using e-systems to convey the same
information that is contained on a paper
copy of a shipping document. MAP–21,
Section 33005 states that PHMSA: (1)
Cannot waive the current statutory
shipping paper requirements, and (2)
must consult with organizations
representing fire and other emergency
responders, law enforcement, and
regulated entities. In addition, at least
one pilot project must take place in a
rural area.
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Upon completion of the pilot projects,
PHMSA must prepare a report that
provides: (1) A detailed description of
the pilot projects; (2) an evaluation of
each pilot project to include an
evaluation of the performance of the esystems; (3) an assessment of the safety
and security impacts of using e-systems
to include the impact on the public,
emergency responders, law
enforcement, and on conducting
inspections and investigations; (4) an
analysis of the associated benefits and
costs of using e-systems for each mode
of transportation; and (5) a
recommendation whether e-systems
should be permanently incorporated
into the Federal hazmat regulations. The
Secretary shall submit the report to the
Committee on Commerce, Science, and
Transportation of the U.S. Senate and to
the Committee on Transportation and
Infrastructure of the U.S. House of
Representatives by October 2014, two
years after the enactment of the
Hazardous Materials Transportation
Safety Improvement Act of 2012.
3. Goal, Scope, and Intent of the Pilot
Program and Request for Volunteers To
Participate in the Pilot Projects
Beginning in 2007, PHMSA initiated
actions to implement paperless hazard
communications. PHMSA has
conducted activities including: (1)
Building a cooperative effort between
transportation entities and regulatory
agencies; (2) publishing a notice on the
use of electronic data sharing; (3)
conducting stakeholder public meetings
to receive feedback on the use of
electronic data sharing to communicate
hazardous material shipping
information; (4) collaborating with the
Transportation Research Board on a
study on the use of electronic hazardous
materials shipping papers; (5) hosting
workshops for stakeholders to
communicate outreach findings of
paperless hazardous communications;
and (6) publishing e-HM information
papers, which highlight the collective
hazardous material transportation
community’s priorities, gaps, and
concerns for implementing paperless
hazard communications.
PHMSA strongly believes, through its
prior efforts and activities, paperless
hazard communication is possible and
that this pilot program will demonstrate
the capabilities of e-systems. PHMSA
has developed a strategy for conducting
the pilot projects that will enable
PHMSA to evaluate paperless hazard
communication systems capabilities
from a real-world perspective.
The goal of the paperless hazard
communications pilot program is to
determine if e-systems are a feasible and
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effective means of providing hazard
communication. In addition, if they are
feasible and effective, PHMSA will use
the information it gathers to assess the
level of safety and security, as well as
the associated benefits and costs, of esystems as compared to the current
hazardous materials shipping paper
requirements. It is PHMSA’s intent that
any pilot project (test) conducted under
the authority granted by MAP–21 will
study the performance, safety and
security impacts, and the associated
benefits and costs of using e-systems for
hazardous materials shipments, without
disrupting the normal flow of
commerce. During the pilot projects,
emergency response providers and law
enforcement officials will continue to
perform their duties and respective roles
according to existing emergency and
inspection requirements, procedures,
and policies. The emergency responders
and law enforcement officials may
continue to rely on the written shipping
paper, even if companies are operating
under a pilot project.
MAP–21 indicates that PHMSA must
consider both the feasibility and the
effectiveness of paperless hazard
communications. Under this pilot
program, PHMSA will be collaborating
with regulated entities, law enforcement
personnel, emergency response
providers, and modal administrations to
evaluate the feasibility and effectiveness
of allowing e-HM communication for
hazardous materials shipments. The
pilot projects will focus on the use of esystems:
• While shipping hazardous materials
from point of origin to final destination
using different transportation
conveyances (i.e., trucks, railcars,
maritime vessels, and airplanes), and
• During inspections and emergency
response simulations.
PHMSA is seeking shippers, carriers,
law enforcement personnel, and
emergency responders that may be
interested in volunteering to participate
in the pilot projects. In response to a
web posted announcement entitled,
‘‘Defining the HM ACCESS Pilot Test,’’
64 entities expressed interest in
participating. Some of these entities
may satisfy the pilot project and MAP–
21 qualification criteria and possess the
capability and capacity to aid in testing
a variety of scenarios. PHMSA strongly
encourages the 64 entities that
previously expressed interest in
participating in the pilot projects to
respond to this notice and provide the
information identified within this
notice. To ensure that we have the
broadest range of participation in the
pilot projects, PHMSA encourages other
interested entities who have not
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previously expressed an interest in
participating to volunteer. PHMSA will
evaluate all volunteers (the previous 64
and those who respond to this notice)
according to the criteria and
qualifications identified in the following
section and will select participants that
satisfy the pilot test qualification
requirements, meet the criteria specified
in MAP–21, and are best able to aid in
testing a variety of scenarios. Shippers,
carriers, law enforcement, and
emergency responders interested in
participating in the pilot projects should
provide statements of interest to the
addresses identified in this notice. The
statement of interest should include
information describing the organization,
point(s) of contact (name, title, address,
phone, and email), self-identification of
stakeholder type (shipper, carrier, law
enforcement, or emergency responder),
location, and capabilities. It should be
noted, however, that responding to this
notice does not guarantee selection for
participation in the pilot projects.
4. Criteria Used for Selecting Pilot
Project Participants
PHMSA intends that any pilot
conducted under the authority granted
by MAP–21 will study the performance,
safety and security impacts, and
associated benefits and costs of using esystems for hazardous materials
shipments, without disrupting the
normal flow of commerce. Further,
hardcopy shipping documents will still
be required to accompany each
shipment during the pilot projects, in
accordance with the HMR.
PHMSA will conduct pilot tests in
three, and potentially four, regions of
the U.S.: The Northeast, Southeast,
Northwest, and Southwest, with at least
one pilot test conducted in a rural area
within one or more of the regions, as
prescribed by MAP–21. PHMSA will
focus the pilot tests in geographical
regions possessing high concentrations
of hazardous materials registrants and
presenting historically high numbers of
hazardous material incidents resulting
in deaths and injuries.
Law Enforcement and Emergency
Response Volunteers
Desired law enforcement and
emergency responder pilot test
participants are those that operate
within the regions of the pilot tests and
are willing to assist in the collection of
information during the tests, as
described later in this document.
Shipper and Carrier Volunteers
Desired shipper and carrier pilot test
participants are those who offer
hazardous materials for transportation
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and/or transport hazardous materials by
a variety of modes and interact with
other intermodal carriers for hazardous
materials transfers. It is not PHMSA’s
intention to test vendors of electronic
communication technologies or
products. To volunteer and be selected
as a volunteer, interested shipper and
carrier participants will need to ship
and/or transport hazardous materials
within areas of high concentrations of
hazardous materials registrants and
hazardous materials incidents. In
addition to the regions and modal
criteria, potential participants must, at a
minimum, satisfy the following
requirements:
• Possess e-system(s) capable of
managing and communicating the
hazardous materials shipping paper
information at their own expense,
• Possess their own equipment and
personnel and/or contractor resources
necessary to transport hazardous
materials shipments,
• Be willing to allow, and participate
in, inspections and emergency response
simulations during the pilot tests,
• Be willing to provide feedback on
experiences regarding e-HM
communication during the pilot tests,
including providing actual e-HM
communications data from the pilot
tests,
• Be willing to provide information
on the basic function and capabilities of
their e-system(s),
• Be willing to provide information
on administrative, business, training,
equipment, and operational-related
benefits and costs associated with
implementing e-system(s),
• Transport hazardous materials
within the targeted test regions of the
U.S., and
• Be in good standing with all levels
of government and demonstrate
compliance with all applicable
regulations governing the safe and
secure transportation of hazardous
materials.
As part of PHMSA’s participant
evaluation and selection process, each
shipper and carrier submitting a
statement of interest will need to answer
a list of on-line participant questions to
verify its qualifications and capabilities.
These questions will help PHMSA
select those shipper and carrier
participants that are best positioned to
aid in testing a variety of test scenarios
and criteria as specified in MAP–21.
PHMSA anticipates the burden on
shipper and carrier volunteers will be
low and will involve the use of on-line
questions (no more than 35 questions)
with answers to most questions
designed to be ‘‘yes,’’ ‘‘no,’’ or multiple
choice.
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Shipper and Carrier Participant
Questions
PHMSA will publish a 30-day Notice
in response to comments received to
this 60-day Notice; the 30-day Notice
will provide the shipper and carrier
questions for those shippers and carriers
who express an interest in volunteering
in the pilot tests. PHMSA will use these
questions to collect the following types
of information from each shipper and
carrier volunteer:
• Organization’s name and general
information.
• Hazardous material transport role
(shipper, carrier, or both).
• Geographic area of business.
• Understanding of and ability to
satisfy pilot test requirements and data
needs.
• Technology of e-system(s).
• Capability of e-system(s)
(scalability, accessibility, etc.).
• Equipment and process for
transmitting data.
• Format of electronic data exchange.
• Class(es) of HM being shipped.
• Type of shipments(s) (less than
truck load, bulk, etc.).
• Shipment route information (origin,
destination, etc.).
• Mode(s) of transport associated
with shipment(s).
PHMSA does not anticipate that
completing the participant questions
will impose a significant burden on
shipper and carrier respondents.
PHMSA estimates no more than 80
regulated entities (including those that
have already replied to the web
announcement and the additional
volunteers that may reply to this Notice)
will be asked to answer a list of shipper
and carrier participant questions.
PHMSA estimates it will take each
respondent approximately 30 minutes to
answer the list of participant questions.
The resulting estimated total burden is
40 hours (80 respondents × 0.5 hour per
respondent = 40 hours) for the shipper
and carrier participant question data
collection.
5. Request for Information (Following
Selection of Pilot Test Participants)
PHMSA is seeking to collect: (1)
Information and data as part of the pilot
tests to support evaluation; and (2) data
and information outside of the pilot
tests for analyzing potential impacts
(safety, security, benefits, and costs) of
using e-systems.
PHMSA understands that this
information collection effort may
impose a burden on respondents. The
information obtained will:
• Assist the agency in improving
safety, hazard communication products,
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and/or hazard communication
materials, and in potentially reducing
current burden hours for completing
shipping papers;
• Be provided strictly on a voluntary
basis; and
• Be collected primarily utilizing online questions with answers to most
questions designed to be ‘‘yes,’’ ‘‘no,’’ or
multiple choice.
Volunteer modal inspectors and
emergency responders will be
responsible for conducting inspection
and emergency response simulations
and the majority of the data collection
during the pilot tests. This approach
limits the information burden on
regulated entities, while minimizing
information bias. Modal inspectors
(typically law enforcement) will test the
feasibility and effectiveness of e-systems
by performing simulated modal
inspections of regulated entities
(shippers and carriers) participating in
the pilot tests utilizing e-HM shipping
papers. The inspectors will conduct
each simulation following their
established inspection protocols using
their own existing equipment and
resources. The only difference during
the simulations will be that the shipping
paper information will be
communicated electronically. Following
each inspection simulation, the
participating inspector will answer a list
of on-line questions related to the
simulation and submit to PHMSA a
copy of the e-HM shipping paper
received. Emergency responders will
follow a similar process to test the
feasibility and effectiveness of e-systems
during a simulated incident response
involving HM shipments using
electronic shipping papers. PHMSA will
use the answers to the on-line questions
and the e-HM shipping papers provided
by the inspectors and emergency
responders to evaluate the feasibility
and effectiveness of the e-system
involved.
PHMSA plans to administer the
questions on-line q, with a maximum of
50 questions, and with answers to most
questions designed to be ‘‘yes,’’ ‘‘no,’’ or
multiple choice. The following sections
summarize the types of information that
will be requested as part of the pilot
program.
Shipper and Carrier Information
Shippers and carriers will not be
required to answer the list of on-line
inspection and emergency response
simulation questions described in the
next section as part the pilot project.
However, PHMSA does anticipate that
the information provided by inspectors
and emergency responders in
conducting the simulations may
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necessitate follow-up discussions with
the shippers and/or carriers involved.
Limited information may need to be
collected from shippers and carriers as
a result of these follow-up discussions,
potentially including copies of e-HM
shipping papers.
PHMSA does not anticipate that
follow-up discussions with shippers
and carriers and the associated
information collection will impose a
significant burden on respondents.
PHMSA anticipates a total of 30
shippers and carriers (assuming 10
respondents for each of three test
regions) and a burden of no more than
four hours per shipper and carrier for
the entirety of the test period. The
resulting estimated total burden is 120
hours (30 respondents × 4.0 hour per
respondent = 120 hours) for follow-up
discussions and associated information
collection with shippers and carriers.
Inspection Simulation Questions
For each hazardous materials
inspection simulation, inspectors (law
enforcement and/or Federal and state
modal inspectors) involved in the
simulation will answer a list of online
inspection simulation questions and
provide an electronic copy of the
hazardous materials shipping paper
they received during the simulation.
Analysis of the e-HM shipping papers
for required hazard communication
information will enable PHMSA to
verify the integrity of the data transfer.
PHMSA will provide the list of
inspection simulation questions with
the 30-day Notice PHMSA will publish
in response to comments received to
this 60-day Notice. The inspection
simulation questions will be designed to
collect the following types of
information:
• Organization’s name and general
information.
• Mode of transport inspected during
simulation.
• Information about the
organization’s e-system(s).
• Activity triggering data transfer.
• Process and equipment used for
data receipt and transmission.
• Hazardous materials data received
from carrier or shipper.
• Hazardous materials data
transmitted (to home office, other entity,
etc.).
• Electronic data exchange format
used.
• Actual time for data receipt (and
transmission, if applicable).
• Human involvement.
• ‘‘Readability’’ of data.
• Electronic connectivity.
• Impacts to stakeholders (regulated
entities, law enforcement, emergency
responders, and the public).
VerDate Mar<15>2010
15:33 Jul 18, 2013
Jkt 229001
• Impediments to using e-systems.
• Actual and potential benefits
realized by stakeholders (regulated
entities, law enforcement, emergency
responders, and the public).
PHMSA does not anticipate that
answering the list of inspection
simulation questions will impose a
significant burden on inspectors.
PHMSA anticipates no more than 240
inspection simulations will be
conducted (encompassing all pilot tests,
all participants, and each test region
throughout the entirety of the test
period), resulting in a total of 240
respondents. PHMSA estimates it will
take each inspector approximately 60
minutes to answer the list of inspection
simulation questions and to submit a
copy of the e-HM shipping paper to
PHMSA. The resulting estimated total
burden is 240 hours (240 respondents ×
1.0 hour per respondent = 240 hours) for
the inspection simulation question data
collection.
Emergency Response Simulation
Questions
For each hazardous materials
emergency response simulation,
emergency response providers and/or
investigators involved in the simulation
will answer a list of online emergency
response simulation questions and
provide an electronic copy of the
hazardous materials shipping paper as
received during the simulation.
Analysis of the e-HM shipping papers
for required hazard communication
information will enable PHMSA to
verify the integrity of the data transfer.
PHMSA will provide the list of
emergency response simulation
questions with the 30-day Notice
PHMSA will publish in response to
comments received to this 60-day
Notice. The emergency response
simulation questions will be designed to
collect the following types of
information:
• Organization’s name and general
information.
• Mode of transport involved in the
emergency response simulation.
• Information about the emergency
response organization’s e-system(s).
• Activity triggering data transfer.
• Process and equipment used for
data receipt and transmission.
• Hazardous materials data received
from carrier or shipper.
• Hazardous materials data
transmitted (to first responders, etc.).
• Electronic data exchange format
used.
• Actual time for data receipt (and
transmission, if applicable).
• Human involvement.
• ‘‘Readability’’ of data.
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
43267
• Electronic connectivity.
• Impacts to stakeholders (regulated
entities, law enforcement, emergency
responders, and the public).
• Impediments to using e-systems.
• Actual and potential benefits
realized by stakeholders (regulated
entities, law enforcement, emergency
responders, and the public).
PHMSA does not anticipate that
answering the list of emergency
response simulation questions will
impose a significant burden on
investigators and emergency responders.
PHMSA anticipates no more than 12
emergency response simulations will be
conducted, resulting in a total of no
more than 24 respondents (12
emergency response providers and 12
investigators). PHMSA estimates it will
take each respondent approximately 60
minutes to answer the list of emergency
response simulation questions and to
submit a copy of the electronic shipping
paper to PHMSA. The resulting
estimated total burden is 24 hours (24
respondents × 1.0 hour per respondent
= 24 hours) for the emergency response
simulation question data collection.
Impact Analysis Questions
PHMSA is seeking to collect
information and data from shippers,
carriers, law enforcement, and
emergency responders to aid in the
assessment of potential impacts
associated with using e-systems for each
mode of transportation, as required
under MAP–21. Potential impacts to be
assessed include benefits, costs, safety,
and security impacts on the public,
emergency responders, and law
enforcement. Similar to the pilot test
simulation questions, PHMSA is
planning to develop a list of impact
analysis questions to be administered
on-line, with a maximum of 75
questions, with answers to most
questions designed to be ‘‘yes,’’ ‘‘no,’’ or
multiple choice. PHMSA anticipates the
list of impact analysis questions will not
be limited to pilot test participants but
will be available to all hazardous
materials stakeholders to voluntarily
answer. PHMSA will post the list of
online impact analysis questions to the
HM–ACCESS public Web site and
distribute to industry via the HM–
ACCESS email serve list. PHMSA will
provide the list of impact analysis
questions with the 30-day Notice
PHMSA will publish in response to
comments received to this 60-day
Notice. The following list summarizes
the types of information PHMSA plans
to request as part of the impact analysis
questions:
• Costs for required technology,
including up-front capital costs for
E:\FR\FM\19JYN1.SGM
19JYN1
43268
Federal Register / Vol. 78, No. 139 / Friday, July 19, 2013 / Notices
equipment and ongoing costs for
operations and maintenance (including
telecommunications, any third-party
service providers, maintenance of
equipment, etc.).
• Costs for training personnel.
• Costs for conducting outreach/
education to customers on the new
approach.
• Changes in administrative costs and
time requirements for:
• Generating e-HM shipping papers
(vs. current hardcopy approach),
including data entry.
• Filing, storing, and retrieving
hardcopy shipping papers.
• Coordinating between shipper and
carrier and between different carriers/
modes in the supply chain (e.g., any
changes in the paperwork that is created
when a shipment goes from rail to
truck).
• Impacts on operations (e.g.
transport times, vehicle utilization,
employee productivity, etc.).
• Any associated changes to other
business processes (e.g., switching from
paper to electronic invoices) and their
costs/impacts.
• Changes in error rates for shipping
papers.
• Information on the administrative,
business, training, equipment, and
operational-related costs and benefits
associated with implementing esystem(s).
• Insurance and risk management
issues/cost impacts.
• Any associated information that
must be included to communicate
hazard information.
• Limitation of e-system capability to
communicate information and
identifying the redundancy if failure
exists.
• Information concerning the release
of commercially-sensitive information.
• Unintentional release of
information from unauthorized access.
PHMSA does not anticipate that
answering the list of impact analysis
questions will impose a significant
burden on respondents (shippers,
carriers, law enforcement, and
emergency responders). PHMSA
Participant Questions: ..................................................................................
Shipper and Carrier Information: ................................................................
Inspection Questions: ...................................................................................
Emergency Response Questions: ..................................................................
Impact Analysis Questions: ..........................................................................
Total Information Collection Burden: ........................................................
emcdonald on DSK67QTVN1PROD with NOTICES
Title: Paperless Hazard
Communications Pilot Program.
Type of Request: Request for
Comments to Information Collection
Burden for Paperless Hazard
Communications Pilot Program.
Abstract: PHMSA is submitting an
information collection to OMB in
support of a paperless hazard
communications pilot program under
Title III, Section 33005 of the Hazardous
Materials Transportation Safety
Improvement Act of 2012 (MAP–21).
Affected Public: Carriers, Shippers,
Emergency Response Providers, and
Law Enforcement Personnel
Estimated Number of Respondents:
574.
Estimated Number of Responses: 574.
Estimated Annual Burden Hours: 724.
Estimated Annual Burden Costs:
$24,300.
Frequency of collection: Single
occasion.
S.P. No.
6. Total Information Collection Burden
The total information collection
burden for the Paperless Hazard
Communication Pilot Program is as
follows:
80 respondents × 0.5 hr. ......................................
30 respondents × 4.0 hr. ......................................
240 respondents × 1.0 hr. ....................................
24 respondents × 1.0 hr. ......................................
200 respondents × 1.5 hr. ....................................
574 respondents ...................................................
Issued in Washington, DC, on July 16,
2013.
Magdy El-Sibaie,
Associate Administrator for Hazardous
Materials Safety.
[FR Doc. 2013–17363 Filed 7–18–13; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Special Permit Applications
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of actions on Special
Permit Applications.
AGENCY:
In accordance with the
procedures governing the application
for, and the processing of, special
SUMMARY:
Applicant
estimates no more than 200 respondents
will complete the impact analysis
questions, and that it will take each
respondent approximately 90 minutes to
answer the questions. The resulting
estimated total burden is 300 hours (200
respondents × 1.5 hours per respondent
= 300 hours) for the impact analysis
question data collection.
The information previously described
is intended to ensure that evaluation
and feasibility reports focus on results
and include quantitative data on the
recommendation and possible
implementation of e-systems into the
Federal hazardous materials
transportation safety program. This
information and data will enable
PHMSA to more accurately assess the
safety and security impacts of using esystems and to analyze the associated
benefits and cost of using the e-systems.
Regulation(s)
=
=
=
=
=
....
40 hours
120 hours
240 hours
24 hours
300 hours
724 hours
permits from the Department of
Transportation’s Hazardous Material
Regulations (49 CFR Part 107, Subpart
B), notice is hereby given of the actions
on special permits applications in (June
to June 2013). The mode of
transportation involved are identified by
a number in the ‘‘Nature of
Application’’ portion of the table below
as follows: 1—Motor vehicle, 2—Rail
freight, 3—Cargo vessel, 4—Cargo
aircraft only, 5—Passenger-carrying
aircraft. Application numbers prefixed
by the letters EE represent applications
for Emergency Special Permits. It
should be noted that some of the
sections cited were those in effect at the
time certain special permits were
issued.
Issued in Washington, DC, on July 15,
2013.
Donald Burger,
Chief, General Approvals and Permits.
Nature of special permit thereof
MODIFICATION SPECIAL PERMIT GRANTED
4576–M ........
VerDate Mar<15>2010
Structural Composites Industries (SCI) Pomona, CA.
17:49 Jul 18, 2013
Jkt 229001
49 CFR 173.302a and
173.304a.
PO 00000
Frm 00129
Fmt 4703
To modify the special permit to authorize additional Division
2.1 and 2.2 materials and add Division 2.3 materials.
Sfmt 4703
E:\FR\FM\19JYN1.SGM
19JYN1
]]>Agencies
[Federal Register Volume 78, Number 139 (Friday, July 19, 2013)]
[Notices]
[Pages 43263-43268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17363]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2013-0124, Notice No. 13-7]
Paperless Hazard Communications Pilot Program
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: PHMSA invites volunteers for a pilot program to evaluate the
effectiveness of paperless hazard communications systems and comments
on an information collection activity associated with the pilot
program. ``Moving Ahead for Progress in the 21st Century Act'' (MAP-21)
authorizes PHMSA to conduct a pilot program to evaluate the feasibility
and effectiveness of using paperless hazard communications systems. In
accordance with MAP-21, in conducting the pilot projects, PHMSA may not
waive the current shipping paper requirements. In addition, MAP-21
indicates that PHMSA must consult with organizations representing fire
and other emergency responders, law enforcement, and regulated
entities. Upon completion of the pilot projects, PHMSA must evaluate
the feasibility and effectiveness of paperless hazard communications
systems and make a recommendation to Congress regarding regulatory
changes that would permanently authorize the use of paperless hazard
communications systems. The report is due to Congress by October 1,
2014. The intent of this notice is to: (1) Describe the current
regulatory requirements for shipping papers; (2) describe authority
granted under MAP-21; (3) explain the goal, scope, and intent of the
pilot program; (4) seek volunteers to participate in the pilot projects
and describe criteria for selecting pilot participants from the
volunteers; and (5) seek comment on the request for information to be
collected in conducting the pilot projects and in consulting with
organizations representing fire and other emergency responders, law
enforcement, and regulated entities. Information gathered will enable
PHMSA to generate a report to Congress detailing: (1) The performance
of each paperless hazard communications system tested during the pilot
projects; (2) PHMSA's assessment of the safety and security impacts on
stakeholders; (3) the associated costs and benefits; and (4) PHMSA's
regulatory recommendation(s).
DATES: Interested persons are invited to submit comments on or before
September 17, 2013.
ADDRESSES: You may submit comments, and statements of interest to
volunteer, identified by the docket number (PHMSA-2013-0124) by any of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
FAX: 1-202-493-2251.
Mail: Docket Management System, U.S. Department of
Transportation, Docket Operations, Routing Symbol M-30, West Building,
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590.
Hand Delivery: Docket Operations, West Building, Ground
Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590,
from 9:00 a.m. to 5:00 p.m., Monday through Friday, except Federal
holidays.
Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. To avoid
duplication, please use only one of these four methods. All comments
received will be posted without change to https://www.regulations.gov
and will include any personal information you provide.
Docket: For access to the dockets to read background documents or
comments received, go to https://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
[[Page 43264]]
Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit https://www.gpo.gov/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf
FOR FURTHER INFORMATION CONTACT: James O. Simmons, U.S. Department of
Transportation, Engineering and Research Division (PHH-23), Pipeline
and Hazardous Materials Safety Administration, 1200 New Jersey Avenue
SE., East Building, 2nd Floor, Washington, DC 20590-0001, Telephone
(202) 366-4545. Requests for a copy of the information collection
should be directed to T. Glenn Foster, U.S. Department of
Transportation, Standards and Rulemaking Division (PHH-12), Pipeline
and Hazardous Materials Safety Administration, 1200 New Jersey Avenue
SE., East Building, 2nd Floor, Washington, DC 20590-0001, Telephone
(202) 366-8553.
SUPPLEMENTARY INFORMATION: Section 1320.8 (d), Title 5, Code of Federal
Regulations (CFR) requires that PHMSA 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 activity PHMSA is undertaking to evaluate the
effectiveness of a paperless hazard communications pilot program
authorized under Title III, Section 33005, of the Hazardous Materials
Transportation Safety Improvement Act of 2012 (H.R. 4348), also
referenced as the ``Moving Ahead for Progress in the 21st Century Act''
(H.R. 4348, ``MAP-21''). This notice also seeks volunteers (shippers,
carriers, law enforcement, and emergency response personnel) who are
interested in participating in the pilot projects. The pilot projects
and the information collection activity identified in this notice have
been designed to ensure full collaboration with modal administrations,
law enforcement personnel, fire services and emergency response
providers, and regulated entities (shippers and carriers who transport
hazardous materials by air, highway, rail, and water) to test the
feasibility and then evaluate both the feasibility and effectiveness of
using paperless hazardous materials (e-HM) communications systems (e-
systems). The following sections describe the: (1) Current regulatory
requirements for shipping papers; (2) authority granted under MAP-21;
(3) goal, scope, and intent of the pilot program and request for
volunteers to participate in the pilots; (4) criteria used for
selecting pilot participants; and (5) request for information to be
collected in conducting the pilot projects and in consulting with
organizations representing fire and other emergency responders, law
enforcement, and regulated entities.
1. History of and Current Regulatory Requirements for Shipping Papers
The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)
require a person who offers hazardous materials for transportation in
commerce to describe the hazardous materials on a shipping paper in the
manner required in 49 CFR Part 172, Subpart C. The shipping paper
requirements identify key hazard communication information (e.g., UN
number, proper shipping name, hazard class, packing group, type and
quantity of packaging, and emergency response telephone number). Unless
an exception from the shipping paper requirements is provided in the
regulations, a paper copy of the shipping paper must accompany a
hazardous material during transportation. A shipping paper 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'' (49 CFR 171.8, definition of
``shipping paper''). A hazardous waste manifest ``may be used as the
shipping paper'' if it contains all the information required by Part
172, Subpart C (49 CFR 172.205(h)).
In 1994, Congress amended the Federal hazardous materials
transportation law (Federal hazmat law) to require that, after a
hazardous material ``is no longer in transportation,'' all offerors and
carriers of a hazardous material must retain the shipping paper ``or
electronic image thereof for a period of 1 year to be accessible
through their respective principal places of business'' (49 U.S.C.
5110(e), added by Pub. L. 103-311, Title I, Sec. 115, 108 Stat. 1678
(Aug. 26, 1994)). That section also requires that the offeror and
carrier ``shall, upon request, make the shipping paper available to a
Federal, State, or local government agency at reasonable times and
locations.''
On September 12, 2001, the Research and Special Programs
Administration (the predecessor to PHMSA) issued a notice of proposed
rulemaking (NPRM) to amend the HMR to conform with Sec. 5110(e) (66 FR
47443). The 2001 NPRM indicated an electronic image includes an image
transmitted by a facsimile (FAX) machine, an image on the screen of a
computer, or an image generated by an optical imaging machine. To
facilitate compliance with, and enforcement of, the hazardous materials
shipping paper requirement, in 2002 PHMSA further amended the HMR
regarding the retention and information requirements associated with
shipping papers. Amendments included extending the retention period to
375 days; requiring the copy to include the date that the shipment is
accepted for transportation by the initial carrier; and requiring that
the shipping paper copy or its electronic image be accessible at or
through the principal place of business of each person required to
prepare or maintain it during transportation. Consideration for
allowing the use of electronic communication while hazardous materials
are actually in transportation is the next step in the evolution of
hazard communication.
The implementation of e-systems has already begun and will evolve
if industry determines that investing in technology is economically
beneficial for its businesses. Spurred by competitive demands, just-in-
time delivery requirements, and the globalization of supply chains,
many transportation and logistics industries have embraced modern
innovations to communicate. However, the HMR requires the use of a
paper copy of the shipping document. The rationale behind a paper-based
system is to convey the necessary information in a consistent manner
that is widely understood and accepted by all regulated entities, law
enforcement, and emergency responders.
2. Authority Granted Under MAP-21
Section 33005 of MAP-21 provided PHMSA the authority to conduct
paperless hazard communications pilot projects. PHMSA will conduct the
pilot projects to evaluate the feasibility of using e-systems to convey
the same information that is contained on a paper copy of a shipping
document. MAP-21, Section 33005 states that PHMSA: (1) Cannot waive the
current statutory shipping paper requirements, and (2) must consult
with organizations representing fire and other emergency responders,
law enforcement, and regulated entities. In addition, at least one
pilot project must take place in a rural area.
[[Page 43265]]
Upon completion of the pilot projects, PHMSA must prepare a report
that provides: (1) A detailed description of the pilot projects; (2) an
evaluation of each pilot project to include an evaluation of the
performance of the e-systems; (3) an assessment of the safety and
security impacts of using e-systems to include the impact on the
public, emergency responders, law enforcement, and on conducting
inspections and investigations; (4) an analysis of the associated
benefits and costs of using e-systems for each mode of transportation;
and (5) a recommendation whether e-systems should be permanently
incorporated into the Federal hazmat regulations. The Secretary shall
submit the report to the Committee on Commerce, Science, and
Transportation of the U.S. Senate and to the Committee on
Transportation and Infrastructure of the U.S. House of Representatives
by October 2014, two years after the enactment of the Hazardous
Materials Transportation Safety Improvement Act of 2012.
3. Goal, Scope, and Intent of the Pilot Program and Request for
Volunteers To Participate in the Pilot Projects
Beginning in 2007, PHMSA initiated actions to implement paperless
hazard communications. PHMSA has conducted activities including: (1)
Building a cooperative effort between transportation entities and
regulatory agencies; (2) publishing a notice on the use of electronic
data sharing; (3) conducting stakeholder public meetings to receive
feedback on the use of electronic data sharing to communicate hazardous
material shipping information; (4) collaborating with the
Transportation Research Board on a study on the use of electronic
hazardous materials shipping papers; (5) hosting workshops for
stakeholders to communicate outreach findings of paperless hazardous
communications; and (6) publishing e-HM information papers, which
highlight the collective hazardous material transportation community's
priorities, gaps, and concerns for implementing paperless hazard
communications.
PHMSA strongly believes, through its prior efforts and activities,
paperless hazard communication is possible and that this pilot program
will demonstrate the capabilities of e-systems. PHMSA has developed a
strategy for conducting the pilot projects that will enable PHMSA to
evaluate paperless hazard communication systems capabilities from a
real-world perspective.
The goal of the paperless hazard communications pilot program is to
determine if e-systems are a feasible and effective means of providing
hazard communication. In addition, if they are feasible and effective,
PHMSA will use the information it gathers to assess the level of safety
and security, as well as the associated benefits and costs, of e-
systems as compared to the current hazardous materials shipping paper
requirements. It is PHMSA's intent that any pilot project (test)
conducted under the authority granted by MAP-21 will study the
performance, safety and security impacts, and the associated benefits
and costs of using e-systems for hazardous materials shipments, without
disrupting the normal flow of commerce. During the pilot projects,
emergency response providers and law enforcement officials will
continue to perform their duties and respective roles according to
existing emergency and inspection requirements, procedures, and
policies. The emergency responders and law enforcement officials may
continue to rely on the written shipping paper, even if companies are
operating under a pilot project.
MAP-21 indicates that PHMSA must consider both the feasibility and
the effectiveness of paperless hazard communications. Under this pilot
program, PHMSA will be collaborating with regulated entities, law
enforcement personnel, emergency response providers, and modal
administrations to evaluate the feasibility and effectiveness of
allowing e-HM communication for hazardous materials shipments. The
pilot projects will focus on the use of e-systems:
While shipping hazardous materials from point of origin to
final destination using different transportation conveyances (i.e.,
trucks, railcars, maritime vessels, and airplanes), and
During inspections and emergency response simulations.
PHMSA is seeking shippers, carriers, law enforcement personnel, and
emergency responders that may be interested in volunteering to
participate in the pilot projects. In response to a web posted
announcement entitled, ``Defining the HM ACCESS Pilot Test,'' 64
entities expressed interest in participating. Some of these entities
may satisfy the pilot project and MAP-21 qualification criteria and
possess the capability and capacity to aid in testing a variety of
scenarios. PHMSA strongly encourages the 64 entities that previously
expressed interest in participating in the pilot projects to respond to
this notice and provide the information identified within this notice.
To ensure that we have the broadest range of participation in the pilot
projects, PHMSA encourages other interested entities who have not
previously expressed an interest in participating to volunteer. PHMSA
will evaluate all volunteers (the previous 64 and those who respond to
this notice) according to the criteria and qualifications identified in
the following section and will select participants that satisfy the
pilot test qualification requirements, meet the criteria specified in
MAP-21, and are best able to aid in testing a variety of scenarios.
Shippers, carriers, law enforcement, and emergency responders
interested in participating in the pilot projects should provide
statements of interest to the addresses identified in this notice. The
statement of interest should include information describing the
organization, point(s) of contact (name, title, address, phone, and
email), self-identification of stakeholder type (shipper, carrier, law
enforcement, or emergency responder), location, and capabilities. It
should be noted, however, that responding to this notice does not
guarantee selection for participation in the pilot projects.
4. Criteria Used for Selecting Pilot Project Participants
PHMSA intends that any pilot conducted under the authority granted
by MAP-21 will study the performance, safety and security impacts, and
associated benefits and costs of using e-systems for hazardous
materials shipments, without disrupting the normal flow of commerce.
Further, hardcopy shipping documents will still be required to
accompany each shipment during the pilot projects, in accordance with
the HMR.
PHMSA will conduct pilot tests in three, and potentially four,
regions of the U.S.: The Northeast, Southeast, Northwest, and
Southwest, with at least one pilot test conducted in a rural area
within one or more of the regions, as prescribed by MAP-21. PHMSA will
focus the pilot tests in geographical regions possessing high
concentrations of hazardous materials registrants and presenting
historically high numbers of hazardous material incidents resulting in
deaths and injuries.
Law Enforcement and Emergency Response Volunteers
Desired law enforcement and emergency responder pilot test
participants are those that operate within the regions of the pilot
tests and are willing to assist in the collection of information during
the tests, as described later in this document.
Shipper and Carrier Volunteers
Desired shipper and carrier pilot test participants are those who
offer hazardous materials for transportation
[[Page 43266]]
and/or transport hazardous materials by a variety of modes and interact
with other intermodal carriers for hazardous materials transfers. It is
not PHMSA's intention to test vendors of electronic communication
technologies or products. To volunteer and be selected as a volunteer,
interested shipper and carrier participants will need to ship and/or
transport hazardous materials within areas of high concentrations of
hazardous materials registrants and hazardous materials incidents. In
addition to the regions and modal criteria, potential participants
must, at a minimum, satisfy the following requirements:
Possess e-system(s) capable of managing and communicating
the hazardous materials shipping paper information at their own
expense,
Possess their own equipment and personnel and/or
contractor resources necessary to transport hazardous materials
shipments,
Be willing to allow, and participate in, inspections and
emergency response simulations during the pilot tests,
Be willing to provide feedback on experiences regarding e-
HM communication during the pilot tests, including providing actual e-
HM communications data from the pilot tests,
Be willing to provide information on the basic function
and capabilities of their e-system(s),
Be willing to provide information on administrative,
business, training, equipment, and operational-related benefits and
costs associated with implementing e-system(s),
Transport hazardous materials within the targeted test
regions of the U.S., and
Be in good standing with all levels of government and
demonstrate compliance with all applicable regulations governing the
safe and secure transportation of hazardous materials.
As part of PHMSA's participant evaluation and selection process,
each shipper and carrier submitting a statement of interest will need
to answer a list of on-line participant questions to verify its
qualifications and capabilities. These questions will help PHMSA select
those shipper and carrier participants that are best positioned to aid
in testing a variety of test scenarios and criteria as specified in
MAP-21. PHMSA anticipates the burden on shipper and carrier volunteers
will be low and will involve the use of on-line questions (no more than
35 questions) with answers to most questions designed to be ``yes,''
``no,'' or multiple choice.
Shipper and Carrier Participant Questions
PHMSA will publish a 30-day Notice in response to comments received
to this 60-day Notice; the 30-day Notice will provide the shipper and
carrier questions for those shippers and carriers who express an
interest in volunteering in the pilot tests. PHMSA will use these
questions to collect the following types of information from each
shipper and carrier volunteer:
Organization's name and general information.
Hazardous material transport role (shipper, carrier, or
both).
Geographic area of business.
Understanding of and ability to satisfy pilot test
requirements and data needs.
Technology of e-system(s).
Capability of e-system(s) (scalability, accessibility,
etc.).
Equipment and process for transmitting data.
Format of electronic data exchange.
Class(es) of HM being shipped.
Type of shipments(s) (less than truck load, bulk, etc.).
Shipment route information (origin, destination, etc.).
Mode(s) of transport associated with shipment(s).
PHMSA does not anticipate that completing the participant questions
will impose a significant burden on shipper and carrier respondents.
PHMSA estimates no more than 80 regulated entities (including those
that have already replied to the web announcement and the additional
volunteers that may reply to this Notice) will be asked to answer a
list of shipper and carrier participant questions. PHMSA estimates it
will take each respondent approximately 30 minutes to answer the list
of participant questions. The resulting estimated total burden is 40
hours (80 respondents x 0.5 hour per respondent = 40 hours) for the
shipper and carrier participant question data collection.
5. Request for Information (Following Selection of Pilot Test
Participants)
PHMSA is seeking to collect: (1) Information and data as part of
the pilot tests to support evaluation; and (2) data and information
outside of the pilot tests for analyzing potential impacts (safety,
security, benefits, and costs) of using e-systems.
PHMSA understands that this information collection effort may
impose a burden on respondents. The information obtained will:
Assist the agency in improving safety, hazard
communication products, and/or hazard communication materials, and in
potentially reducing current burden hours for completing shipping
papers;
Be provided strictly on a voluntary basis; and
Be collected primarily utilizing on-line questions with
answers to most questions designed to be ``yes,'' ``no,'' or multiple
choice.
Volunteer modal inspectors and emergency responders will be
responsible for conducting inspection and emergency response
simulations and the majority of the data collection during the pilot
tests. This approach limits the information burden on regulated
entities, while minimizing information bias. Modal inspectors
(typically law enforcement) will test the feasibility and effectiveness
of e-systems by performing simulated modal inspections of regulated
entities (shippers and carriers) participating in the pilot tests
utilizing e-HM shipping papers. The inspectors will conduct each
simulation following their established inspection protocols using their
own existing equipment and resources. The only difference during the
simulations will be that the shipping paper information will be
communicated electronically. Following each inspection simulation, the
participating inspector will answer a list of on-line questions related
to the simulation and submit to PHMSA a copy of the e-HM shipping paper
received. Emergency responders will follow a similar process to test
the feasibility and effectiveness of e-systems during a simulated
incident response involving HM shipments using electronic shipping
papers. PHMSA will use the answers to the on-line questions and the e-
HM shipping papers provided by the inspectors and emergency responders
to evaluate the feasibility and effectiveness of the e-system involved.
PHMSA plans to administer the questions on-line q, with a maximum
of 50 questions, and with answers to most questions designed to be
``yes,'' ``no,'' or multiple choice. The following sections summarize
the types of information that will be requested as part of the pilot
program.
Shipper and Carrier Information
Shippers and carriers will not be required to answer the list of
on-line inspection and emergency response simulation questions
described in the next section as part the pilot project. However, PHMSA
does anticipate that the information provided by inspectors and
emergency responders in conducting the simulations may
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necessitate follow-up discussions with the shippers and/or carriers
involved. Limited information may need to be collected from shippers
and carriers as a result of these follow-up discussions, potentially
including copies of e-HM shipping papers.
PHMSA does not anticipate that follow-up discussions with shippers
and carriers and the associated information collection will impose a
significant burden on respondents. PHMSA anticipates a total of 30
shippers and carriers (assuming 10 respondents for each of three test
regions) and a burden of no more than four hours per shipper and
carrier for the entirety of the test period. The resulting estimated
total burden is 120 hours (30 respondents x 4.0 hour per respondent =
120 hours) for follow-up discussions and associated information
collection with shippers and carriers.
Inspection Simulation Questions
For each hazardous materials inspection simulation, inspectors (law
enforcement and/or Federal and state modal inspectors) involved in the
simulation will answer a list of online inspection simulation questions
and provide an electronic copy of the hazardous materials shipping
paper they received during the simulation. Analysis of the e-HM
shipping papers for required hazard communication information will
enable PHMSA to verify the integrity of the data transfer. PHMSA will
provide the list of inspection simulation questions with the 30-day
Notice PHMSA will publish in response to comments received to this 60-
day Notice. The inspection simulation questions will be designed to
collect the following types of information:
Organization's name and general information.
Mode of transport inspected during simulation.
Information about the organization's e-system(s).
Activity triggering data transfer.
Process and equipment used for data receipt and
transmission.
Hazardous materials data received from carrier or shipper.
Hazardous materials data transmitted (to home office,
other entity, etc.).
Electronic data exchange format used.
Actual time for data receipt (and transmission, if
applicable).
Human involvement.
``Readability'' of data.
Electronic connectivity.
Impacts to stakeholders (regulated entities, law
enforcement, emergency responders, and the public).
Impediments to using e-systems.
Actual and potential benefits realized by stakeholders
(regulated entities, law enforcement, emergency responders, and the
public).
PHMSA does not anticipate that answering the list of inspection
simulation questions will impose a significant burden on inspectors.
PHMSA anticipates no more than 240 inspection simulations will be
conducted (encompassing all pilot tests, all participants, and each
test region throughout the entirety of the test period), resulting in a
total of 240 respondents. PHMSA estimates it will take each inspector
approximately 60 minutes to answer the list of inspection simulation
questions and to submit a copy of the e-HM shipping paper to PHMSA. The
resulting estimated total burden is 240 hours (240 respondents x 1.0
hour per respondent = 240 hours) for the inspection simulation question
data collection.
Emergency Response Simulation Questions
For each hazardous materials emergency response simulation,
emergency response providers and/or investigators involved in the
simulation will answer a list of online emergency response simulation
questions and provide an electronic copy of the hazardous materials
shipping paper as received during the simulation. Analysis of the e-HM
shipping papers for required hazard communication information will
enable PHMSA to verify the integrity of the data transfer. PHMSA will
provide the list of emergency response simulation questions with the
30-day Notice PHMSA will publish in response to comments received to
this 60-day Notice. The emergency response simulation questions will be
designed to collect the following types of information:
Organization's name and general information.
Mode of transport involved in the emergency response
simulation.
Information about the emergency response organization's e-
system(s).
Activity triggering data transfer.
Process and equipment used for data receipt and
transmission.
Hazardous materials data received from carrier or shipper.
Hazardous materials data transmitted (to first responders,
etc.).
Electronic data exchange format used.
Actual time for data receipt (and transmission, if
applicable).
Human involvement.
``Readability'' of data.
Electronic connectivity.
Impacts to stakeholders (regulated entities, law
enforcement, emergency responders, and the public).
Impediments to using e-systems.
Actual and potential benefits realized by stakeholders
(regulated entities, law enforcement, emergency responders, and the
public).
PHMSA does not anticipate that answering the list of emergency
response simulation questions will impose a significant burden on
investigators and emergency responders. PHMSA anticipates no more than
12 emergency response simulations will be conducted, resulting in a
total of no more than 24 respondents (12 emergency response providers
and 12 investigators). PHMSA estimates it will take each respondent
approximately 60 minutes to answer the list of emergency response
simulation questions and to submit a copy of the electronic shipping
paper to PHMSA. The resulting estimated total burden is 24 hours (24
respondents x 1.0 hour per respondent = 24 hours) for the emergency
response simulation question data collection.
Impact Analysis Questions
PHMSA is seeking to collect information and data from shippers,
carriers, law enforcement, and emergency responders to aid in the
assessment of potential impacts associated with using e-systems for
each mode of transportation, as required under MAP-21. Potential
impacts to be assessed include benefits, costs, safety, and security
impacts on the public, emergency responders, and law enforcement.
Similar to the pilot test simulation questions, PHMSA is planning to
develop a list of impact analysis questions to be administered on-line,
with a maximum of 75 questions, with answers to most questions designed
to be ``yes,'' ``no,'' or multiple choice. PHMSA anticipates the list
of impact analysis questions will not be limited to pilot test
participants but will be available to all hazardous materials
stakeholders to voluntarily answer. PHMSA will post the list of online
impact analysis questions to the HM-ACCESS public Web site and
distribute to industry via the HM-ACCESS email serve list. PHMSA will
provide the list of impact analysis questions with the 30-day Notice
PHMSA will publish in response to comments received to this 60-day
Notice. The following list summarizes the types of information PHMSA
plans to request as part of the impact analysis questions:
Costs for required technology, including up-front capital
costs for
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equipment and ongoing costs for operations and maintenance (including
telecommunications, any third-party service providers, maintenance of
equipment, etc.).
Costs for training personnel.
Costs for conducting outreach/education to customers on
the new approach.
Changes in administrative costs and time requirements for:
Generating e-HM shipping papers (vs. current hardcopy
approach), including data entry.
Filing, storing, and retrieving hardcopy shipping papers.
Coordinating between shipper and carrier and between
different carriers/modes in the supply chain (e.g., any changes in the
paperwork that is created when a shipment goes from rail to truck).
Impacts on operations (e.g. transport times, vehicle
utilization, employee productivity, etc.).
Any associated changes to other business processes (e.g.,
switching from paper to electronic invoices) and their costs/impacts.
Changes in error rates for shipping papers.
Information on the administrative, business, training,
equipment, and operational-related costs and benefits associated with
implementing e-system(s).
Insurance and risk management issues/cost impacts.
Any associated information that must be included to
communicate hazard information.
Limitation of e-system capability to communicate
information and identifying the redundancy if failure exists.
Information concerning the release of commercially-
sensitive information.
Unintentional release of information from unauthorized
access.
PHMSA does not anticipate that answering the list of impact
analysis questions will impose a significant burden on respondents
(shippers, carriers, law enforcement, and emergency responders). PHMSA
estimates no more than 200 respondents will complete the impact
analysis questions, and that it will take each respondent approximately
90 minutes to answer the questions. The resulting estimated total
burden is 300 hours (200 respondents x 1.5 hours per respondent = 300
hours) for the impact analysis question data collection.
The information previously described is intended to ensure that
evaluation and feasibility reports focus on results and include
quantitative data on the recommendation and possible implementation of
e-systems into the Federal hazardous materials transportation safety
program. This information and data will enable PHMSA to more accurately
assess the safety and security impacts of using e-systems and to
analyze the associated benefits and cost of using the e-systems.
6. Total Information Collection Burden
The total information collection burden for the Paperless Hazard
Communication Pilot Program is as follows:
Participant Questions:........ 80 respondents x 0.5 = 40 hours
hr..
Shipper and Carrier 30 respondents x 4.0 = 120 hours
Information:. hr..
Inspection Questions:......... 240 respondents x = 240 hours
1.0 hr..
Emergency Response Questions:. 24 respondents x 1.0 = 24 hours
hr..
Impact Analysis Questions:.... 200 respondents x = 300 hours
1.5 hr..
Total Information Collection 574 respondents..... ... 724 hours
Burden:.
Title: Paperless Hazard Communications Pilot Program.
Type of Request: Request for Comments to Information Collection
Burden for Paperless Hazard Communications Pilot Program.
Abstract: PHMSA is submitting an information collection to OMB in
support of a paperless hazard communications pilot program under Title
III, Section 33005 of the Hazardous Materials Transportation Safety
Improvement Act of 2012 (MAP-21).
Affected Public: Carriers, Shippers, Emergency Response Providers,
and Law Enforcement Personnel
Estimated Number of Respondents: 574.
Estimated Number of Responses: 574.
Estimated Annual Burden Hours: 724.
Estimated Annual Burden Costs: $24,300.
Frequency of collection: Single occasion.
Issued in Washington, DC, on July 16, 2013.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2013-17363 Filed 7-18-13; 8:45 am]
BILLING CODE 4910-60-P
