Hazardous Materials: Information Collection Activities, 27009-27012 [2021-10429]
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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Notices
DEPARTMENT OF STATE
[Public Notice: 11425]
Determination Under Subsection
402(d)(1) of the Trade Act of 1974, As
Amended—Continuation of Waiver
Authority
Dated: April 13, 2021.
Daniel Smith,
Acting Deputy Secretary of State.
[FR Doc. 2021–10468 Filed 5–17–21; 8:45 am]
BILLING CODE 4710–46–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of the First United StatesMexico-Canada Agreement
Environment Committee Meeting
Office of the United States
Trade Representative.
ACTION: Notice of meeting and request
for comments.
AGENCY:
The Parties to the United
States-Mexico-Canada Agreement
(USMCA) intend to hold the first
meeting of the Environment Committee
(Committee) virtually, on June 17, 2021.
Following the government-togovernment meeting, the Committee
will hold a virtual public session. The
Office of the United States Trade
Representative (USTR) will accept
comments on suggestions for topics to
be discussed during the Committee
meeting, and questions for the public
session.
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SUMMARY:
DATES:
June 17, 2021, from 3:00 p.m. to 5:00
p.m. EST: The Parties’ will host a virtual
public session of the Committee.
June 4, 2021, at 11:59 p.m. EST:
Deadline for submission of written
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comments on suggestions for meeting
topics and questions for the public
session.
public session available on the USTR
website at https://ustr.gov/issue-areas/
environment.
Submit written comment to
Sarah Lopp, Director for Environment
and Natural Resources, by email at
sarah.b.lopp@ustr.eop.gov with the
subject line ‘‘USMCA Environment
Committee Meeting’’.
FOR FURTHER INFORMATION CONTACT:
Sarah Lopp, Director for Environment
and Natural Resources, at sarah.b.lopp@
ustr.eop.gov, or 202–881–9034.
SUPPLEMENTARY INFORMATION:
IV. Comments
ADDRESSES:
Pursuant to the authority vested in the
President under the Trade Act of 1974,
as amended, Public Law 93–618, 88
Stat. 1978 (hereinafter ‘‘the Act’’), and
assigned to the Secretary of State by
virtue of Section 1(a) of Executive Order
13346 of July 8, 2004, and delegated by
Department of State Delegation of
Authority 245–2, of July 31, 2017, I
determine, pursuant to Section 402(d)(1)
of the Act, 19 U.S.C. 2432(d)(1), that the
further extension of the waiver authority
granted by Section 402 of the Act will
substantially promote the objectives of
Section 402 of the Act. I further
determine that continuation of the
waiver applicable to Turkmenistan will
substantially promote the objectives of
Section 402 of the Act.
This Determination shall be published
in the Federal Register.
27009
I. Background
Article 24.26 of the USMCA
establishes an Environment Committee
composed of senior government
representatives. The Committee
oversees implementation of the
Environment Chapter and provides a
forum to discuss and review
implementation issues. USMCA
requires the Committee to meet within
one year of the date of entry into force
and every two years thereafter unless
the Parties otherwise agree. All
Committee decisions and reports will be
made publicly available, unless the
Parties decide otherwise. The
Committee will provide for public input
on matters relevant to its work, as
appropriate, and hold a public session
at each meeting.
II. Committee Meeting
On June 17, 2021, the Committee will
meet virtually in a government-togovernment session. During the meeting
the Parties will: (1) Review
implementation of Chapter 24
(Environment), and discuss how the
Parties are meeting their Chapter 24
obligations, and (2) receive a
presentation from the Commission on
Environmental Cooperation (CEC)
Secretariat on cooperation and public
Submissions for Enforcement Matters
(SEMs). This session will not be open to
the public.
III. Public Session on USMCA Chapter
24 Implementation
Following the government-togovernment session, the Committee
invites all interested persons to attend a
virtual public session on USMCA
Chapter 24 implementation. At the
public session, the Committee will
welcome questions, input, and
information concerning implementation
of the Chapter 24 obligations. The
Committee will address questions raised
in comments submitted to USTR, and
through a live chat function overseen by
a moderator. Prior to the meeting, USTR
will make details on how to access the
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USTR invites all interested persons to
submit specific questions and comments
on topics and issues for the U.S.
government to consider as it prepares
for the Committee meeting. As noted,
during the public session the public will
be able to ask questions through a chat
function overseen by a moderator. The
Committee will address both questions
raised in written comments in advance
and through the live chat. When
preparing comments, we encourage
submitters to refer to Chapter 24 of the
USMCA, which you can access at:
https://ustr.gov/sites/default/files/files/
agreements/usmca/24Environment.pdf.
Kelly Milton,
Assistant U.S. Trade Representative for
Environment and Natural Resources, Office
of the United States Trade Representative.
[FR Doc. 2021–10434 Filed 5–17–21; 8:45 am]
BILLING CODE 3290–F1–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2021–0055 (Notice No.
2021–04)]
Hazardous Materials: Information
Collection Activities
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
PHMSA invites comments on four
information collections pertaining to
hazardous materials transportation for
which PHMSA intends to request
renewal from the Office of Management
and Budget.
DATES: Interested persons are invited to
submit comments on or before July 19,
2021.
ADDRESSES: You may submit comments
identified by the Docket Number
PHMSA–2021–0055 (Notice No. 2021–
04) by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management System;
U.S. Department of Transportation,
West Building, Ground Floor, Room
W12–140, Routing Symbol M–30, 1200
SUMMARY:
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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Notices
New Jersey Avenue SE, Washington, DC
20590.
• Hand Delivery: To the Docket
Management System; Room W12–140
on the ground floor of the West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Instructions: All submissions must
include the agency name and Docket
Number (PHMSA–2021–0055) 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 the Federal Docket
Management System (FDMS) and will
include any personal information you
provide.
Requests for a copy of an information
collection should be directed to Steven
Andrews or Shelby Geller, Standards
and Rulemaking Division, (202) 366–
8553, ohmspra@dot.gov, Pipeline and
Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
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).
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
Confidential Business Information:
Confidential Business Information (CBI)
is commercial or financial information
that is both customarily and actually
treated as private by its owner. Under
the Freedom of Information Act (FOIA;
5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive
to this notice contain commercial or
financial information that is customarily
treated as private, that you actually treat
as private, and that is relevant or
responsive to this notice, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ PHMSA will place any
redacted portions of those submissions
in the public docket of this notice.
Submissions containing CBI should be
sent to Steven Andrews or Shelby
Geller, Standards and Rulemaking
Division and addressed to the Pipeline
and Hazardous Materials Safety
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Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001 or ohmspra@dot.gov. Any
commentary that PHMSA receives
which is not specifically designated as
CBI will be placed in the public docket
for this notice.
FOR FURTHER INFORMATION CONTACT:
Steven Andrews or Shelby Geller,
Standards and Rulemaking Division,
(202) 366–8553, ohmspra@dot.gov,
Pipeline and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
SUPPLEMENTARY INFORMATION: Section
1320.8(d), title 5, Code of Federal
Regulations (CFR) requires PHMSA to
provide interested members of the
public and affected agencies an
opportunity to comment on information
collection and recordkeeping requests.
This notice identifies information
collection requests that PHMSA will be
submitting to the Office of Management
and Budget (OMB) for renewal and
extension. These information
collections are contained in 49 CFR
171.6 of the Hazardous Materials
Regulations (HMR; 49 CFR parts 171–
180). PHMSA has revised burden
estimates, where appropriate, to reflect
current reporting levels or adjustments
based on changes in proposed or final
rules published since the information
collections were last approved. The
following information is provided for
each information collection: (1) Title of
the information collection, including
former title if a change is being made;
(2) OMB control number; (3) summary
of the information collection activity; (4)
description of affected public; (5)
estimate of total annual reporting and
recordkeeping burden; and (6)
frequency of collection. PHMSA will
request a 3-year term of approval for
each information collection activity and
will publish a notice in the Federal
Register upon OMB’s approval.
PHMSA requests comments on the
following information collections:
Title: Rulemaking, Special Permits,
and Preemption Requirements.
OMB Control Number: 2137–0051.
Summary: This information collection
applies to procedures for requesting
changes, exceptions, and other
determinations in relation to the HMR.
Specific areas covered in this
information collection include part 105,
subparts A and B, ‘‘Hazardous Materials
Program Definitions and General
Procedures’’; part 106, subpart B,
‘‘Participating in the Rulemaking
Process’’; part 107, subpart B, ‘‘Special
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Permits’’; and part 107, subpart C,
‘‘Preemption.’’ The Federal hazardous
materials transportation law directs the
Secretary of Transportation to prescribe
regulations for the safe transportation of
hazardous materials in commerce.
PHMSA is authorized to accept
petitions for rulemaking and appeals, as
well as applications for special permits,
preemption determinations, and waivers
of preemption. The types of information
collected include:
(1) Petitions for Rulemaking: Any
person may petition PHMSA to add,
amend, or delete a regulation in parts
110, 130, 171 through 180, or may
petition the Office of the Chief Counsel
to add, amend, or delete a regulation in
parts 105, 106, or 107. Petitions
submitted to PHMSA are required to
contain information as specified by
§ 106.100 of the HMR.
(2) Appeals: Except as provided in
§ 106.40(e), any person may submit an
appeal to our actions in accordance with
the Appeals procedures found in
§§ 106.110 through 106.130.
(3) Applications for Special Permit:
Any person applying for a special
permit must include the citation of the
specific regulation from which the
applicant seeks relief; specification of
the proposed mode or modes of
transportation; detailed description of
the proposed special permit (e.g.,
alternative packaging, test, procedure, or
activity), including as appropriate,
written descriptions, drawings, flow
charts, plans and other supporting
documents, etc. Under this OMB control
number, applicants may apply for a new
special permit, renew or modify an
existing special permit, or request party
status to a special permit. These
procedures can be found in part 107,
subpart B of the HMR.
(4) Applications for Preemption
Determination: With the exception of
highway routing matters covered under
49 U.S.C. 5125(c), any person directly
affected by any requirement of a State,
political subdivision, or Native
American Tribe may apply to the Chief
Counsel for a determination whether
that requirement is preempted by
§ 107.202(a), (b), or (c). The application
must include the text of the State,
political subdivision, or Native
American Tribe requirement for which
the determination is sought; specify
each requirement of the Federal
hazardous materials transportation law,
regulations issued under the Federal
hazardous material transportation law,
or hazardous material transportation
security regulations or directives issued
by the Secretary of Homeland Security
with which the applicant seeks the
State, political subdivision, or Native
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American Tribe requirement to be
compared; explain why the applicant
believes the State, political subdivision,
or Native American Tribe requirement
should or should not be preempted
under the standards of § 107.202; and
state how the applicant is affected by
the State, political subdivision, or
Native American Tribe requirement.
(5) Waivers of Preemption: With the
exception of requirements preempted
under 49 U.S.C. 5125(c), any person
may apply to the Chief Counsel for a
waiver of preemption with respect to
any requirement that: (1) The State,
political subdivision thereof, or Native
American Tribe acknowledges to be
preempted under the Federal hazardous
materials transportation law, or (2) has
been determined by a court of
competent jurisdiction to be so
preempted. The Chief Counsel may
waive preemption with respect to such
requirement upon a determination that
such requirement affords an equal or
greater level of protection to the public
than is afforded by the requirements of
the Federal hazardous materials
transportation law or the regulations
issued thereunder, and does not
unreasonably burden commerce.
The information collected under these
application procedures is used in the
review process by PHMSA in
determining the merits of the petitions
for rulemakings and for reconsideration
of rulemakings, as well as applications
for special permits, preemption
determinations, and waivers of
preemption to the HMR. The procedures
governing these petitions for rulemaking
and for reconsideration of rulemakings
are covered in subpart B of part 106.
Applications for special permits,
preemption, determinations, and
waivers of preemption are covered
Information collection
Respondents
Petition for Rulemaking ...................................................................................
New Special Permit Application ......................................................................
Party Status Special Permit Application ..........................................................
Renewal Special Permit Application ...............................................................
Modification Special Permit Application ..........................................................
Special Permit Application—Recordkeeping ...................................................
Designated Agent for Special Permit Application ...........................................
Confidential Handling for Special Permit Application ......................................
Preemption ......................................................................................................
Preemption Reconsideration ...........................................................................
Affected Public: Shippers, carriers,
packaging manufacturers, and other
affected entities.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 3,818.
Total Annual Responses: 3,818.
Total Annual Burden Hours: 4,278.75.
Frequency of Collection: On occasion.
Title: Flammable Cryogenic Liquids.
OMB Control Number: 2137–0542.
Information collection
Respondents
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Flammable Cryogenic Liquids .........................................................................
Flammable Cryogenic Liquids—Recordkeeping .............................................
Affected Public: Carriers of cryogenic
materials.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 350.
Total Annual Responses: 36,400.
Total Annual Burden Hours: 1,214.
Frequency of Collection: On occasion.
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175
175
Title: Response Plans for Shipments
of Oil.
OMB Control Number: 2137–0591.
Summary: In recent years, several
major oil discharges damaged the
marine environment of the United
States. Under authority of the Federal
Water Pollution Control Act, as
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under subparts B and C of part 107.
Rulemaking procedures help PHMSA
determine if a regulatory change is
necessary, is consistent with public
interest, and maintains a level of safety
equal to or superior to that of current
regulations. Special permit procedures
provide the information required for
analytical purposes to determine if the
requested relief provides for a
comparable level of safety as provided
by the HMR. Additionally, PHMSA uses
information from preemption
procedures to determine whether a
requirement of a State, political
subdivision, or Indian tribe is
preempted under 49 U.S.C. 5125, or
regulations issued thereunder, or
whether a waiver of preemption should
be issued. The following information
collections and their burdens are
associated with this OMB Control
Number.
Total annual
responses
20
168
576
936
132
1,852
100
31
2
1
Summary: Provisions in
§ 177.840(a)(2) specify certain safety
procedures and documentation
requirements for drivers of motor
vehicles transporting flammable
cryogenic liquids. This information
allows the driver to take appropriate
remedial actions to prevent a
catastrophic release of the flammable
cryogenics should the temperature of
the material begin to rise excessively or
Sfmt 4703
27011
20
168
576
936
132
1,852
100
31
2
1
Time per
response
8 hours ...........
7 hours ...........
1.5 hours ........
1.5 hours ........
1 hour ............
6 minutes .......
2 hours ...........
15 minutes .....
60 hours .........
30 hours .........
Total annual
burden hours
160
1,176
864
1,404
132
185
200
7.75
120
30
if the travel time will exceed the safe
travel time. These requirements are
intended to ensure a high level of safety
when transporting flammable
cryogenics due to their extreme
flammability and high compression
ratio when in a liquid state. The
following information collections and
their burdens are associated with this
OMB Control Number.
Total annual
responses
18,200
18,200
Time per
response
3.5 minutes ....
30 seconds ....
Total annual
burden hours
1,062
152
amended by the Oil Pollution Act of
1990 (33 U.S.C. 1251 et seq.), PHMSA
issued regulations in 49 CFR part 130
that require preparation of written spill
response plans. The following
information collections and their
burdens are associated with this OMB
Control Number.
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Information collection
Respondents
Basic Written Response Plan—New Plans .....................................................
Basic Written Response Plan—Updating Plans .............................................
Affected Public: Carriers that
transport oil in bulk, by motor vehicle
or rail.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 8,000.
Total Annual Responses: 8,000.
Total Annual Burden Hours: 10,560.
Frequency of Collection: On occasion.
Title: Requirements for United
Nations (UN) Cylinders.
OMB Control Number: 2137–0621.
Summary: This information collection
and recordkeeping burden is the result
of efforts to amend the HMR to adopt
standards for the design, construction,
maintenance, and use of cylinders and
80
7,920
multiple-element gas containers
(MEGCs) based on the standards
contained in the UN Recommendations
on the Transport of Dangerous Goods.
Aligning the HMR with the UN
Recommendations promotes flexibility,
permits the use of technological
advances for the manufacture of the
pressure receptacles, provides for a
broader selection of pressure
receptacles, reduces the need for special
permits, and facilitates international
commerce in the transportation of
compressed gases. Information
collection requirements address
domestic and international
manufacturers of cylinders that request
Information collection
Respondents
UN Pressure Receptacle Approval—New Request ........................................
UN Pressure Receptacle Approval—Modified Request ..................................
UN Pressure Receptacle Approval—Recordkeeping ......................................
Affected Public: Fillers, owners, users,
and retesters of UN cylinders.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 210.
Total Annual Responses: 210.
Total Annual Burden Hours: 817.5.
Frequency of Collection: On occasion.
Issued in Washington, DC, on May 10,
2021, under authority delegated in 49 CFR
1.97.
William A. Quade,
Deputy Associate Administrator of Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2021–10429 Filed 5–17–21; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF THE TREASURY
Comptroller of the Currency
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Agency Information Collection
Activities: Information Collection
Renewal; Submission for OMB Review;
Bank Appeals Follow-Up
Questionnaire
Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION: ACTION: Notice and request for
comment.
AGENCY:
The OCC, as part of its
continuing effort to reduce paperwork
SUMMARY:
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80
7,920
Time per
response
33 hours .........
1 hour ............
Total annual
burden hours
2,640
7,920
approval by the approval agency for
cylinder design types. The approval
process for each cylinder design type
includes review, filing, and
recordkeeping of the approval
application. The approval agency is
required to maintain a set of the
approved drawings and calculations for
each design it reviews and a copy of
each initial design type approval
certificate approved by the Associate
Administrator for the Office of
Hazardous Materials Safety for not less
than 20 years. The following
information collections and their
burdens are associated with this OMB
Control Number.
Total annual
responses
35
100
75
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on a new information
collection as required by the Paperwork
Reduction Act of 1995 (PRA). In
accordance with the requirements of the
PRA, the OCC may not conduct or
sponsor, and the respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number. The OCC is
soliciting comment concerning renewal
of a collection of information titled,
‘‘Bank Appeals Follow-Up
Questionnaire.’’ The OCC also is giving
notice that it has submitted the
collection to OMB for review.
DATES: Comments must be submitted on
or before June 17, 2021.
ADDRESSES: Commenters are encouraged
to submit comments by email, if
possible. You may submit comments by
any of the following methods:
• Email: prainfo@occ.treas.gov.
• Mail: Chief Counsel’s Office,
Attention: Comment Processing, 1557–
0332, Office of the Comptroller of the
Currency, 400 7th Street SW, Suite 3E–
218, Washington, DC 20219.
• Hand Delivery/Courier: 400 7th
Street SW, Suite 3E–218, Washington,
DC 20219.
• Fax: (571) 465–4326.
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Total annual
responses
35
100
75
Time per
response
6 hours ...........
6 hours ...........
6 minutes .......
Total annual
burden hours
210
600
7.5
Instructions: You must include
‘‘OCC’’ as the agency name and ‘‘1557–
0332’’ in your comment. In general, the
OCC will publish comments on
www.reginfo.gov without change,
including any business or personal
information provided, such as name and
address information, email addresses, or
phone numbers. Comments received,
including attachments and other
supporting materials, are part of the
public record and subject to public
disclosure. Do not include any
information in your comment or
supporting materials that you consider
confidential or inappropriate for public
disclosure.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
You may review comments and other
related materials that pertain to this
information collection 1 following the
close of the 30-day comment period for
this notice by the following method:
1 On February 16, 2021, the OCC published a 60day notice for this information collection, 86 FR
9571.
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]]>Agencies
[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Pages 27009-27012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10429]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2021-0055 (Notice No. 2021-04)]
Hazardous Materials: Information Collection Activities
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites comments on four information collections pertaining to
hazardous materials transportation for which PHMSA intends to request
renewal from the Office of Management and Budget.
DATES: Interested persons are invited to submit comments on or before
July 19, 2021.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2021-0055 (Notice No. 2021-04) by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Management System; U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200
[[Page 27010]]
New Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: To the Docket Management System; Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Instructions: All submissions must include the agency name and
Docket Number (PHMSA-2021-0055) 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 the
Federal Docket Management System (FDMS) and will include any personal
information you provide.
Requests for a copy of an information collection should be directed
to Steven Andrews or Shelby Geller, Standards and Rulemaking Division,
(202) 366-8553, [email protected], Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.
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).
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN.'' PHMSA will place any redacted portions of
those submissions in the public docket of this notice. Submissions
containing CBI should be sent to Steven Andrews or Shelby Geller,
Standards and Rulemaking Division and addressed to the Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or
[email protected]. Any commentary that PHMSA receives which is not
specifically designated as CBI will be placed in the public docket for
this notice.
FOR FURTHER INFORMATION CONTACT: Steven Andrews or Shelby Geller,
Standards and Rulemaking Division, (202) 366-8553, [email protected],
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001.
SUPPLEMENTARY INFORMATION: Section 1320.8(d), title 5, Code of Federal
Regulations (CFR) requires PHMSA to provide interested members of the
public and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies
information collection requests that PHMSA will be submitting to the
Office of Management and Budget (OMB) for renewal and extension. These
information collections are contained in 49 CFR 171.6 of the Hazardous
Materials Regulations (HMR; 49 CFR parts 171-180). PHMSA has revised
burden estimates, where appropriate, to reflect current reporting
levels or adjustments based on changes in proposed or final rules
published since the information collections were last approved. The
following information is provided for each information collection: (1)
Title of the information collection, including former title if a change
is being made; (2) OMB control number; (3) summary of the information
collection activity; (4) description of affected public; (5) estimate
of total annual reporting and recordkeeping burden; and (6) frequency
of collection. PHMSA will request a 3-year term of approval for each
information collection activity and will publish a notice in the
Federal Register upon OMB's approval.
PHMSA requests comments on the following information collections:
Title: Rulemaking, Special Permits, and Preemption Requirements.
OMB Control Number: 2137-0051.
Summary: This information collection applies to procedures for
requesting changes, exceptions, and other determinations in relation to
the HMR. Specific areas covered in this information collection include
part 105, subparts A and B, ``Hazardous Materials Program Definitions
and General Procedures''; part 106, subpart B, ``Participating in the
Rulemaking Process''; part 107, subpart B, ``Special Permits''; and
part 107, subpart C, ``Preemption.'' The Federal hazardous materials
transportation law directs the Secretary of Transportation to prescribe
regulations for the safe transportation of hazardous materials in
commerce. PHMSA is authorized to accept petitions for rulemaking and
appeals, as well as applications for special permits, preemption
determinations, and waivers of preemption. The types of information
collected include:
(1) Petitions for Rulemaking: Any person may petition PHMSA to add,
amend, or delete a regulation in parts 110, 130, 171 through 180, or
may petition the Office of the Chief Counsel to add, amend, or delete a
regulation in parts 105, 106, or 107. Petitions submitted to PHMSA are
required to contain information as specified by Sec. 106.100 of the
HMR.
(2) Appeals: Except as provided in Sec. 106.40(e), any person may
submit an appeal to our actions in accordance with the Appeals
procedures found in Sec. Sec. 106.110 through 106.130.
(3) Applications for Special Permit: Any person applying for a
special permit must include the citation of the specific regulation
from which the applicant seeks relief; specification of the proposed
mode or modes of transportation; detailed description of the proposed
special permit (e.g., alternative packaging, test, procedure, or
activity), including as appropriate, written descriptions, drawings,
flow charts, plans and other supporting documents, etc. Under this OMB
control number, applicants may apply for a new special permit, renew or
modify an existing special permit, or request party status to a special
permit. These procedures can be found in part 107, subpart B of the
HMR.
(4) Applications for Preemption Determination: With the exception
of highway routing matters covered under 49 U.S.C. 5125(c), any person
directly affected by any requirement of a State, political subdivision,
or Native American Tribe may apply to the Chief Counsel for a
determination whether that requirement is preempted by Sec.
107.202(a), (b), or (c). The application must include the text of the
State, political subdivision, or Native American Tribe requirement for
which the determination is sought; specify each requirement of the
Federal hazardous materials transportation law, regulations issued
under the Federal hazardous material transportation law, or hazardous
material transportation security regulations or directives issued by
the Secretary of Homeland Security with which the applicant seeks the
State, political subdivision, or Native
[[Page 27011]]
American Tribe requirement to be compared; explain why the applicant
believes the State, political subdivision, or Native American Tribe
requirement should or should not be preempted under the standards of
Sec. 107.202; and state how the applicant is affected by the State,
political subdivision, or Native American Tribe requirement.
(5) Waivers of Preemption: With the exception of requirements
preempted under 49 U.S.C. 5125(c), any person may apply to the Chief
Counsel for a waiver of preemption with respect to any requirement
that: (1) The State, political subdivision thereof, or Native American
Tribe acknowledges to be preempted under the Federal hazardous
materials transportation law, or (2) has been determined by a court of
competent jurisdiction to be so preempted. The Chief Counsel may waive
preemption with respect to such requirement upon a determination that
such requirement affords an equal or greater level of protection to the
public than is afforded by the requirements of the Federal hazardous
materials transportation law or the regulations issued thereunder, and
does not unreasonably burden commerce.
The information collected under these application procedures is
used in the review process by PHMSA in determining the merits of the
petitions for rulemakings and for reconsideration of rulemakings, as
well as applications for special permits, preemption determinations,
and waivers of preemption to the HMR. The procedures governing these
petitions for rulemaking and for reconsideration of rulemakings are
covered in subpart B of part 106. Applications for special permits,
preemption, determinations, and waivers of preemption are covered under
subparts B and C of part 107. Rulemaking procedures help PHMSA
determine if a regulatory change is necessary, is consistent with
public interest, and maintains a level of safety equal to or superior
to that of current regulations. Special permit procedures provide the
information required for analytical purposes to determine if the
requested relief provides for a comparable level of safety as provided
by the HMR. Additionally, PHMSA uses information from preemption
procedures to determine whether a requirement of a State, political
subdivision, or Indian tribe is preempted under 49 U.S.C. 5125, or
regulations issued thereunder, or whether a waiver of preemption should
be issued. The following information collections and their burdens are
associated with this OMB Control Number.
----------------------------------------------------------------------------------------------------------------
Total annual Total annual
Information collection Respondents responses Time per response burden hours
----------------------------------------------------------------------------------------------------------------
Petition for Rulemaking............. 20 20 8 hours................... 160
New Special Permit Application...... 168 168 7 hours................... 1,176
Party Status Special Permit 576 576 1.5 hours................. 864
Application.
Renewal Special Permit Application.. 936 936 1.5 hours................. 1,404
Modification Special Permit 132 132 1 hour.................... 132
Application.
Special Permit Application-- 1,852 1,852 6 minutes................. 185
Recordkeeping.
Designated Agent for Special Permit 100 100 2 hours................... 200
Application.
Confidential Handling for Special 31 31 15 minutes................ 7.75
Permit Application.
Preemption.......................... 2 2 60 hours.................. 120
Preemption Reconsideration.......... 1 1 30 hours.................. 30
----------------------------------------------------------------------------------------------------------------
Affected Public: Shippers, carriers, packaging manufacturers, and
other affected entities.
Annual Reporting and Recordkeeping Burden:
Number of Respondents: 3,818.
Total Annual Responses: 3,818.
Total Annual Burden Hours: 4,278.75.
Frequency of Collection: On occasion.
Title: Flammable Cryogenic Liquids.
OMB Control Number: 2137-0542.
Summary: Provisions in Sec. 177.840(a)(2) specify certain safety
procedures and documentation requirements for drivers of motor vehicles
transporting flammable cryogenic liquids. This information allows the
driver to take appropriate remedial actions to prevent a catastrophic
release of the flammable cryogenics should the temperature of the
material begin to rise excessively or if the travel time will exceed
the safe travel time. These requirements are intended to ensure a high
level of safety when transporting flammable cryogenics due to their
extreme flammability and high compression ratio when in a liquid state.
The following information collections and their burdens are associated
with this OMB Control Number.
----------------------------------------------------------------------------------------------------------------
Total annual Total annual
Information collection Respondents responses Time per response burden hours
----------------------------------------------------------------------------------------------------------------
Flammable Cryogenic Liquids......... 175 18,200 3.5 minutes............... 1,062
Flammable Cryogenic Liquids-- 175 18,200 30 seconds................ 152
Recordkeeping.
----------------------------------------------------------------------------------------------------------------
Affected Public: Carriers of cryogenic materials.
Annual Reporting and Recordkeeping Burden:
Number of Respondents: 350.
Total Annual Responses: 36,400.
Total Annual Burden Hours: 1,214.
Frequency of Collection: On occasion.
Title: Response Plans for Shipments of Oil.
OMB Control Number: 2137-0591.
Summary: In recent years, several major oil discharges damaged the
marine environment of the United States. Under authority of the Federal
Water Pollution Control Act, as amended by the Oil Pollution Act of
1990 (33 U.S.C. 1251 et seq.), PHMSA issued regulations in 49 CFR part
130 that require preparation of written spill response plans. The
following information collections and their burdens are associated with
this OMB Control Number.
[[Page 27012]]
----------------------------------------------------------------------------------------------------------------
Total annual Total annual
Information collection Respondents responses Time per response burden hours
----------------------------------------------------------------------------------------------------------------
Basic Written Response Plan--New 80 80 33 hours.................. 2,640
Plans.
Basic Written Response Plan-- 7,920 7,920 1 hour.................... 7,920
Updating Plans.
----------------------------------------------------------------------------------------------------------------
Affected Public: Carriers that transport oil in bulk, by motor
vehicle or rail.
Annual Reporting and Recordkeeping Burden:
Number of Respondents: 8,000.
Total Annual Responses: 8,000.
Total Annual Burden Hours: 10,560.
Frequency of Collection: On occasion.
Title: Requirements for United Nations (UN) Cylinders.
OMB Control Number: 2137-0621.
Summary: This information collection and recordkeeping burden is
the result of efforts to amend the HMR to adopt standards for the
design, construction, maintenance, and use of cylinders and multiple-
element gas containers (MEGCs) based on the standards contained in the
UN Recommendations on the Transport of Dangerous Goods. Aligning the
HMR with the UN Recommendations promotes flexibility, permits the use
of technological advances for the manufacture of the pressure
receptacles, provides for a broader selection of pressure receptacles,
reduces the need for special permits, and facilitates international
commerce in the transportation of compressed gases. Information
collection requirements address domestic and international
manufacturers of cylinders that request approval by the approval agency
for cylinder design types. The approval process for each cylinder
design type includes review, filing, and recordkeeping of the approval
application. The approval agency is required to maintain a set of the
approved drawings and calculations for each design it reviews and a
copy of each initial design type approval certificate approved by the
Associate Administrator for the Office of Hazardous Materials Safety
for not less than 20 years. The following information collections and
their burdens are associated with this OMB Control Number.
----------------------------------------------------------------------------------------------------------------
Total annual Total annual
Information collection Respondents responses Time per response burden hours
----------------------------------------------------------------------------------------------------------------
UN Pressure Receptacle Approval--New 35 35 6 hours................... 210
Request.
UN Pressure Receptacle Approval-- 100 100 6 hours................... 600
Modified Request.
UN Pressure Receptacle Approval-- 75 75 6 minutes................. 7.5
Recordkeeping.
----------------------------------------------------------------------------------------------------------------
Affected Public: Fillers, owners, users, and retesters of UN
cylinders.
Annual Reporting and Recordkeeping Burden:
Number of Respondents: 210.
Total Annual Responses: 210.
Total Annual Burden Hours: 817.5.
Frequency of Collection: On occasion.
Issued in Washington, DC, on May 10, 2021, under authority
delegated in 49 CFR 1.97.
William A. Quade,
Deputy Associate Administrator of Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.
[FR Doc. 2021-10429 Filed 5-17-21; 8:45 am]
BILLING CODE 4910-60-P
