Information Collection Activities; Comment Request

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

[Notice No. 96-4]

Information Collection Activities; Comment Request

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the

Research and Special Programs Administration invites comments on

certain information collections, pertaining to hazardous materials

transportation safety and oil spill prevention and response planning,

for which RSPA intends to request approval from the Office of

Management and Budget.

[[Page 8707]]

DATES: Interested persons are invited to submit comments on or before

May 6, 1996.

ADDRESSES: Please address written comments to Dockets Unit (DHM-30),

Room 8421, Research and Special Programs Administration, U.S.

Department of Transportation, Washington, DC 20590-0001 (202) 366-5046.

Comments may also be faxed to (202) 366-3753. Comments should identify

this notice number (96-4) and the appropriate Office of Management and

Budget (OMB) Control Number(s). Persons wishing to receive confirmation

of receipt of their comments should include a self-addressed stamped

postcard showing the notice number. Public information may be reviewed

between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday,

except holidays.

Requests for a copy of an information collection should be directed

to Jackie Smith, Office of Hazardous Materials Standards (DHM-10),

Research and Special Programs Administration, Room 8102, 400 Seventh

Street, SW, Washington, DC 20590-0001, Telephone (202) 366-8553.

FOR FURTHER INFORMATION CONTACT: Jackie Smith, Office of Hazardous

Materials Standards (DHM-10), Research and Special Programs

Administration, Room 8102, 400 Seventh Street, SW, Washington, DC

20590-0001, Telephone (202) 366-8553.

SUPPLEMENTARY INFORMATION: Office of Management and Budget (OMB)

regulations (5 CFR 1320) implementing provisions of the Paperwork

Reduction Act of 1995 (Pub. L. 104-13) require that interested members

of the public and affected agencies have an opportunity to comment on

information collection and recordkeeping activities (see 5 CFR

1320.8(d)). This notice identifies information collections that RSPA is

submitting to OMB for extension or reinstatement, as appropriate. These

collections are contained in (1) 49 CFR 107, Hazardous Materials

Program Procedures; (2) 49 CFR 110, Hazardous Materials Public Sector

Training and Planning Grants; (3) 49 CFR 130, Oil Spill Prevention and

Response Plans; and (4) 49 CFR 171 through 180, Hazardous Materials

Regulations (HMR). RSPA 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. RSPA will request a three-year term of

approval for each information collection activity and, when approved by

OMB, publish notice of the approval in the Federal Register.

Comments are invited on: (1) The need for the collection of

information for the proper performance of the functions of the agency;

(2) the accuracy of the agency's estimate of the burden of the

collection of information, including the validity of the methodology

and assumptions used; (3) ways to enhance the quality, utility and

clarity of the information collection; and (4) ways to minimize the

information collection burden on respondents, such as use of automated,

electronic or other technological means of collecting information. A

summary of public comments will accompany RSPA's submission of the

information collection requests to OMB.

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, including the need for and use of

the collection; (4) description of the affected public; (5) estimate of

total annual reporting and recordkeeping burden; and (7) frequency of

collection.

Title: Inspection and Testing of Portable Tanks and Intermediate

Bulk Containers [Former title: Portable Tank Inspection and Testing].

OMB Control Number: 2137-0018.

Summary: This information collection consolidates provisions for

documenting qualifications, inspections and tests pertaining to the

manufacture and use of portable tanks and intermediate bulk containers

under various provisions in parts 173, 178 and 180 of the HMR. It is

needed to ascertain whether portable tanks and intermediate bulk

containers have been qualified, inspected and retested in accordance

with the HMR. For example, 49 CFR 173.32 requires that portable tanks

be periodically retested, and prescribes both retest markings and

retention of records as a demonstration of compliance. The information

is used to verify that portable tanks and intermediate bulk containers

meet required performance standards prior to being authorized for

initial use or reuse as bulk packagings for hazardous materials.

Affected Public: Manufacturers and owners of portable tanks and

intermediate bulk containers.

Annual Reporting and Recordkeeping Burden:

Number of Respondents: 314.

Total Annual Responses: 51,220.

Total Annual Burden Hours: 51,340.

Frequency of Collection: Design qualification testing is

performed at the start of production for each new or different design

type, periodic design type retesting is performed at one year intervals

for intermediate bulk containers only, and periodic requalification of

tanks in use is performed every 2-5 years, depending on the type of

testing required and the tank specification. Certification markings are

applied to each packaging at time of manufacture.

Title: Testing, Inspection, and Marking Requirements for Cylinders

[Former title: Recordkeeping and Information Collection for Cylinders].

OMB Control Number: 2137-0022.

Summary: This information collection consolidates provisions for

documenting qualifications, inspections and tests pertaining to the

manufacture and use of cylinders under various provisions in parts 173,

178 and 180 of the HMR. It is needed to ascertain whether cylinders

have been qualified, inspected and retested in accordance with the HMR.

For example, provisions in 49 CFR 173.34 for qualification, maintenance

and use of cylinders require that cylinders be periodically inspected

and retested to ensure continuing compliance with packaging standards.

Information collection requirements also address registration of

retesters and marking of cylinders by retesters and recertifiers. The

information is used to verify that cylinders meet required

manufacturing standards prior to being authorized for initial use, and

that once manufactured the cylinders are maintained and used in

compliance with applicable requirements of the HMR as packagings for

hazardous materials.

Affected Public: Fillers, owners, users and retesters of reusable

cylinders.

Annual Reporting and Recordkeeping Burden:

Number of Respondents: 139,352.

Total Annual Responses: 153,287.

Total Annual Burden Hours: 171,681.

Frequency of Collection: Reports are required for cylinders as they

are manufactured and initially tested. Cylinders are required to be

marked after manufacture with specific information. Inspection reports

are also required to very compliance with the provisions of the HMR,

including verification that the cylinders passed the required tests.

Registration of retesters is performed on a one-time basis. Retester

marking on a cylinder is performed once every 5 to 20 years depending

on cylinder specification and type of service. Pressure verification

for acetylene cylinders is performed daily.

[[Page 8708]]

Title: Hazardous Materials Incident Reports

OMB Control Number: 2137-0039

Summary: This collection is applicable upon occurrence of incidents

as prescribed in 49 CFR 171.15 and 171.16. Basically, a Hazardous

Materials Incident Report, DOT Form F 5800.1, must be completed by a

carrier of hazardous materials after a hazardous material

transportation incident occurs, such as a release of material, serious

accident, evacuation or highway shutdown. Serious incidents meeting

criteria in 49 CFR 171.15 also require a telephonic report by the

carrier. This information collection enhances RSPA's ability to

evaluate the effectiveness of its regulatory program, determine the

need for regulatory changes and address emerging hazardous materials

transportation safety issues. The requirement applies to all carriers

engaged in the transportation of hazardous materials by rail, air,

water and highway.

Affected Public: Each carrier who transports hazardous materials.

Annual Reporting and Recordkeeping Burden:

Number of Respondents: 700.

Total Annual Responses: 16,600.

Total Annual Burden Hours: 24,190.

Frequency of Collection: Reports are required upon occurrence of a

reportable incident.

Title: Flammable Cryogenic Liquids [Previous title: Cryogenic

Liquids Requirements].

OMB Control Number: 2137-0542.

Summary: Provisions in 49 CFR 177.818 require the carriage on a

motor vehicle of written procedures for venting flammable cryogenic

liquids and for responding to emergencies. Sections 173.318(g),

177.840(h), and 180.405(h) specify certain safety procedures and

documentation requirements for drivers of these motor vehicles. These

requirements are intended to ensure a high level of safety when

transporting flammable cryogenics due to their extreme flammability.

Affected Public: Carriers of flammable cryogenic liquids in bulk.

Annual Reporting and Recordkeeping Burden:

Number of Respondents: 65.

Total Annual Responses: 18,200.

Total Annual Burden Hours: 1,213.

Frequency: A response is required for each shipment of a flammable

cryogenic material.

Title: Approvals for Hazardous Materials.

OMB Control Number: 2137-0557.

Summary: There are over one hundred approval provisions contained

in the HMR and associated procedural regulations. Responses to these

collections of information are required to obtain benefits, such as to

become an approval or certification agency or obtain a variance from

packaging or handling requirements based on information provided by the

respondent. This information is used by RSPA to: (1) Determine whether

applicants who apply to become designated approval agencies are

qualified to evaluate package design, test packages, classify hazardous

materials, etc.; (2) verify that various containers and special loading

requirements meet the requirements of the HMR; (3) assure that

regulated hazardous materials pose no danger to life and property

during transportation; and (4) allow minor variations to regulatory

requirements, based on information provided by respondents, without

requiring the respondent to apply using less timely and more burdensome

exemption procedures.

Affected Public: Businesses and other entities who must meet the

approval requirements in the HMR.

Annual Reporting and Recordkeeping Burden:

Number of Respondents: 3,503.

Total Annual Responses: 3,853.

Total Annual Burden Hours: 18,302.

Frequency: On occasion of application for a benefit.

Title: Testing Requirements for Packaging.

OMB Control Number: 2137-0572.

Summary: Detailed packaging manufacturing specifications have been

replaced by a series of performance tests that a non-bulk packaging

must be capable of passing before it is authorized to be used for

transporting hazardous materials. The HMR require proof that packagings

meet these testing requirements. Manufacturers must retain records of

design qualification tests and periodic retests. Manufacturers must

notify, in writing, persons to whom packagings are transferred of any

specification requirements that have not been met at the time of

transfer. Subsequent distributors, as well as manufacturers must

provide written notification. Performance-oriented packaging standards

allow manufacturers and shippers much greater flexibility in selecting

more economical packagings.

Affected Public: Each non-bulk packaging manufacturer that tests

packaging to ensure the safe transportation of hazardous materials.

Annual Reporting and Recordkeeping Burden:

Number of Respondents: 5,000.

Total Annual Responses: 15,000.

Total Annual Burden Hours: 30,000.

Frequency: Tests are performed at start of production of a

packaging design type and repeated at one or two-year intervals,

depending on the type of packaging. Written notification is provided at

time of first transfer, to each person to whom a packaging is

transferred.

Title: Container Certification Statement [Previous title: Statement

of Structural Serviceability for Freight Containers to be used for

Class 1.1 and 1.2 Explosives].

OMB Control Number: 2137-0582.

Summary: As required in Sec. 176.27, shippers of hazardous

materials, in freight containers or transport vehicles by vessel, are

required to certify that the freight container or transport vehicle is

serviceable, that the hazardous materials are properly marked, labeled,

or placarded, loaded and secured. For explosives in Division 1.1 and

1.2, shippers are required to certify on shipping documentation that

the freight container or transport vehicle meets minimal structural

serviceability requirements (see Sec. 176.172). These requirements are

intended to ensure an adequate level of safety for transport of

hazardous materials aboard vessel and ensure consistency with similar

requirements in international standards.

Affected Public: Shippers of hazardous materials, including

explosives in freight containers or transport vehicles by vessel.

Annual Reporting and Recordkeeping Burden:

Number of Respondents: 530.

Total Annual Responses: 604,000.

Total Annual Burden Hours: 15,100.

Frequency: The statement is required for each shipment of hazardous

material in a freight container or transport vehicle aboard a vessel.

Title: Hazardous Materials Public Sector Planning and Training

Grants.

OMB Control Number: 2137-0586.

Summary: Part 110 of 49 CFR sets forth procedures for reimbursable

grants for public sector planning and training in support of the

emergency planning and training efforts of States, Indian tribes and

local communities to deal with hazardous materials emergencies,

particularly those involving transportation. Sections in this part

address information collection and recordkeeping with regard to

applying for grants, monitoring expenditures, reporting and requesting

modifications.

Affected Public: State and local governments, Indian tribes.

Annual Reporting and Recordkeeping Burden:

[[Page 8709]]

Number of Respondents: 66.

Total Annual Responses: 66.

Total Annual Burden Hours: 4,082.

Frequency: Application for a grant is at the discretion of the

applicant and can be made as frequently as every annual grant cycle.

Financial status reports are submitted quarterly. Grantees must

complete a performance report at the end of the grant period.

Title: Response Plans for Shipments of Oil [Previous title:

Preparation of 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. As required by the Federal

Water Pollution Control Act, as amended by the Oil Pollution Act of

1990, RSPA has issued regulations that require preparation of written

spill response plans and, in certain instances, submission of these

plans to RSPA for the transportation of oil in bulk by motor vehicle or

rail car. These plans are intended to aid in the mitigation of the

effects of unintended discharges of oil to the environment.

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: One time report, plus notification of changes when

needed.

Issued in Washington, DC, on February 28, 1996.

Edward T. Mazzullo,

Director, Office of Hazardous Materials Standards.

[FR Doc. 96-5064 Filed 3-4-96; 8:45 am]

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