Rulemaking, Special Permits, and Preemption Requirments

Forms and Documents

Document Name	Status
Special Permits IC Application Timeline.doc Supplementary Document	2010-12-28
2137-0051Justification HM-233B and HM-245.doc Supporting Statement A	2011-04-04

IC Document Collections

IC ID	Document Title	Status
26746	Rulemaking, Special Permits, and Preemption Requirments	Modified

ICR Details

OMB Control No: 2137-0051	ICR Reference No: 201012-2137-001
Status: Historical Active	Previous ICR Reference No: 200907-2137-006
Agency/Subagency: DOT/PHMSA	Agency Tracking No: 2137-0051
Title: Rulemaking, Special Permits, and Preemption Requirments
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/04/2011
	Date Received in OIRA: 01/20/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2014	36 Months From Approved	09/30/2012
Responses	4,294	0	4,294
Time Burden (Hours)	4,899	0	4,219
Cost Burden (Dollars)	0	0	0

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Abstract: To allow the public a means to propose new or amended safety standards, or to deviate from the HMR in order to try out new methods of packaging, transportation. This IC is being affected by two separate rulemakings. See supporting statement for details.

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Authorizing Statute(s): US Code: 49 USC 5101 Name of Law: Hazardous Materials Transportation Law
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2137-AE57	Final or interim final rulemaking	75 FR 43898	07/27/2010

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Rulemaking, Special Permits, and Preemption Requirments

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	4,294	4,294	0	0	0	0
Annual Time Burden (Hours)	4,899	4,219	0	680	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This information collection is being revised due to two rulemakings: HM-233B, "Revisions of Special Permits Procedures" and HM-245, Incorporation of Certain Cargo Tank Special Permits into Regulations Hazardous Materials. Docket HM-233B: Revisions of Special Permits Procedures. In a Notice of Proposed Rulemaking (NPRM) under Docket HM-233B, we proposed to amend the HMR to revise the procedures for applying for a special permit to require an applicant to provide sufficient information about its operations to enable the agency to evaluate the applicant's fitness and the safety impact of operations that would be authorized in the special permit. In addition, we also proposed to provide an online application option. We estimated that proposed amendments in this NPRM would increase this information collection burden by 865 burden hours. Under HM-245, we proposed to amend the HMR to incorporate provisions contained in certain widely used or longstanding cargo tank special permits that are granted to multiple parties and have an established safety record. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained. The proposed revisions are intended to provide wider access to the regulatory flexibility offered in the special permits and eliminate the need for numerous renewal requests, thereby, facilitating commerce activity and reducing paperwork burdens while maintaining an appropriate level of safety. We estimated that the proposed amendments in this NPRM would decrease this information collection by 185 burden hours. This revised IC reflects the changes adopted, after consideration for comments received in response to HM-233B. HM-245 did not receive any IC-related comments.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 01/20/2011

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