1625-0025_SS_r1

1625-0025

Supporting Statement

for

Carriage of Bulk Solid Materials Requiring Special Handling

-- 46 CFR Part 148

A. JUSTIFICATION

1. Circumstances that make the collection necessary.

The U.S. Coast Guard administers and enforces the laws, regulations and international conventions for the safe transportation and stowage of hazardous materials, including bulk solids. The International Convention for the Safety of Life at Sea, 1974 as amended, (SOLAS; 74/83) contains, in Chapter VII Regulation 5, a requirement that Shipping Papers and a Dangerous Cargo Manifest accompany all shipments of hazardous materials in the bulk solid form. This international requirement is translated into U.S. regulation in 46 CFR Part 148.

Special Permits are issued by the Coast Guard as part of its mission to ensure maritime safety and facilitate U.S. commerce. These Special Permits are issued to allow the carriage of hazardous bulk solid materials that are not addressed in 46 CFR Part 148.

This information collection supports the following strategic goals:

Department of Homeland Security

• Prevention

• Protection

U.S. Coast Guard

• Safety

• Protection of the Natural Resources

Prevention Directorate (CG-5)

• Safety: Eliminate deaths, injuries, and property damage associated with commercial maritime operations.

• Economic Growth and Trade/Mobility: Reduce interruptions and impediments that restrict the economical flow of goods and people, while maximizing safe, effective, and efficient waterways for all users.

2. How, by whom, and for what purpose the information is used.

The Special Permits allow the Coast Guard to control the conditions under which shipments of hazardous materials can be made, and at the same time, allow the shipping industry a greater amount of flexibility than would be afforded without the Special Permit provision. The information required to be submitted when applying for a Special Permit allows the Coast Guard to make a well-informed determination as to the severity of the hazard posed by the material in question and allows them to set specific guidelines for safe carriage or, if it is determined that a material presents too great a hazard, to deny permission for shipping the material. If the required information were not submitted, the Coast Guard would be unable to issue Special Permits with adequate precautions for shipping the cargo, and thus could not permit shipment.

Shipping Papers and Dangerous Cargo Manifests are not required to be submitted to the Coast Guard and are not required to be retained on board the vessel once the cargo has been off-loaded. However, the information contained in these documents may be utilized in an emergency situation, which is why they are required to be in a readily retrievable location. If an emergency such as a fire occurs on board the vessel, the required documents will provide the master with information on: (1) the identity of the cargo, its hazards and a point of contact for additional information about the cargo (the shipping paper); (2) the quantity and location of the material on board the vessel (Dangerous Cargo Manifest).

3. Consideration of improved information technology.

The required information for Special Permits may be submitted to the Coast Guard via email, fax, or regular mail, depending upon vessel owners’ preferences. Shipping Papers, Dangerous Cargo Manifests, and shipper’s certificates are not submitted to the Coast Guard; rather, they are records that are retained on the vessel.

We estimate that 100% of this collection’s reporting requirements can be done electronically. At this time, we estimate that 0% is done electronically.

4. Efforts to identify duplication.

An effort has been made in the regulations to eliminate the duplicate submission of information when requesting a Special Permit. Previously, each individual desiring to ship a cargo not listed in Part 148 was required to submit detailed information concerning the material and the proposed method of transport. The regulations require that the first person to request the permit submit detailed information on the proposed method and on the cargo to be carried. This cargo information may be submitted in the form of a Material Safety Data Sheet (MSDS). The MSDS is required by the Occupational Safety and Health Administration (OSHA) for all hazardous materials handled in land based operations, and thus should be readily available, reducing the need to develop duplicate information for submission to the Coast Guard.

5. Burden on small businesses.

Special Permits are necessary for the safety of the vessel and its personnel. The required submissions are the minimum consistent with this objective. The respondent’s size is not relevant to safety. However, since the shipping industry is comprised mainly of large corporations it is anticipated that few, if any, small businesses will be affected.

6. Consequences of less frequent action.

The only information submitted to the Coast Guard is the Special Permit. The original submission is required when a Special Permit is requested. By law, any exemption issued under the rules promulgated by the Secretary must be issued for a period not to exceed four years. Therefore, it is necessary for permit holders to renew their Special Permit every 4 years. In order to ensure that the carriage requirements imposed by the Special Permit are sufficient and that the permit holder is complying with the terms of the permit, it is necessary to require the submission of information concerning the history of shipments made under the terms of the Special Permit.

7. Special collection circumstances.

Information is collected in a manner that is consistent with the guidelines.

8. Consultation.

A 60-day Notice was published in the Federal Register to obtain public comment on this collection. (See [USCG-2007-28121]; September 11, 2007; 72 FR 51824). The USCG has not received any comments on this information collection.

9. Decisions to provide payment or gift to respondents.

No payments or gifts of any kind are provided to respondents.

10. Assurance of confidentiality provided to respondents.

No assurance of confidentiality is provided to respondents.

11. Additional justification for questions of a sensitive nature.

There are no issues of a sensitive nature in this information collection.

12. Estimate of the hour and cost burdens.

Estimated hour and cost burdens are shown in Table 12.1, with amplifying notes provided below.

 

Note 1: Special Permits are valid for four years. The annual number of responses indicated is equal to the number of permits currently active divided by four. The annual number of responses for the other documents is an estimate based on historical averages.

Note 2: The required knowledge and responsibility of the preparer of a request for a Special Permit is analogous to a GS-12. Individuals preparing Dangerous Cargo Manifests and Shipping Papers are equivalent to a GS-9. The wage rates shown are for the appropriate GS scales for “Out Government” from the current edition of COMDTINST 7310.1 (series).

Note 3: All shippers of cargos regulated by 46 CFR 148 are required to develop Shipping Papers. Dangerous Cargo Manifests are not required when the cargo otherwise regulated by 46 CFR 148 is carried on an unmanned barge.

Note 4: In previous requests for renewal, the Coast Guard reported a Shipper’s Certification as a separate collection instrument. This certification is a statement on the Shipping Papers that the material being ship complies with applicable regulations. For this renewal, we have elected to combine the burden associated with this certification with that of the Shipping Papers in order to enhance the clarity of the report. We have made the commensurate adjustment in the burden of the Shipping Papers.

13. Total annualized capital and start-up costs.

There are no capital or start-up costs.

14. Estimates of annualized cost to the Federal Government.

The Coast Guard does not review Dangerous Cargo Manifests or Shipping Papers except during emergency response or during routine burdens, so the annual hourly burden for these documents is negligible. The Coast Guard does, however, review and respond to applications for a Special Permit. The estimated annual burden is provided in Table 14.1. The wage rate shown is for a GS-12 “In Government,” in accordance with COMDTINST 7310.1 (series)

 

15. Reasons for the change in burden.

The change in hour and cost burden is an ADJUSTMENT due to a decrease in the estimated number of shipments of cargos subject to the requirements of 46 CFR 148. The change in the number of responses is because we eliminated double-counting by combining the Shipper’s Certification with Shipping Papers.

16. Plans for tabulation, statistical analysis, and publication.

There is no plan to use statistical analysis or to publish this information.

17. Approval for not explaining the expiration date for OMB approval.

We are not seeking such approval. The OMB number will appear on appropriate PRA disclosure information.

18. Exception to the certification certificate.

There are no exceptions to the certification statement.

B. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS.

This information collection does not employ statistical methods.

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