Flammable Hazardous Materials by Rail Transportation

Forms and Documents

Document Name	Status
2137-0628 ROCIS 3.12.19.xlsx Supplementary Document	2019-03-13
2137-0628 Supporting Statement_3.12.19_clean.doc Supporting Statement A	2019-03-13
Final_Regulatory_Impact_Analysis HM-251B.pdf Supplementary Document	2019-03-11
HM-251B Final Rule.pdf Supplementary Document	2019-03-06

IC Document Collections

IC ID	Document Title	Status
235291	Oil Spill Response Plan - Submission	New
235290	Oil Spill Response Plan - Response Zones - Development - Class III Railroads	New
235289	Oil Spill Response Plan - Response Zones - Development - Class II Railroads	New
235288	Oil Spill Response Plan - Response Zones - Development - Class I Railroads	New
235287	Notification Plans - Development	New
235286	Notification Plans - DOT Request	New
235285	Notification Plans - Maintenance	New
222809	Notification of Other State Delegated Agency Plans (Initial) - Class III Railroads	Removed
222808	Notification to Local Emergency Planning Commissions (Initial) - Class III Railroads	Removed
222807	Notification to State Emergency Response Commissions (Initial) - Class III Railroads	Removed
222806	Notification to Other State Delegated Agencies (Initial) - Class II Railroads	Removed
222805	Notification to Local Emergency Planning Committee (Initial) - Class II Railroads	Removed
222804	Notification to State Emergency Response Commissions (Initial) - Class II Railroads	Removed
222803	Notice to other State Delegated Agency (Initial) - Class I Railroads	Removed
222801	Notification to Tribal Emergency Response Commissions (Initial) - Class I Railroads	Removed
222800	Notification to StateEmergency Response Commissions (Initial) - Class I Railroads	Removed
222791	Oil Spill Response Plan - Core Plan - Development - Class III Railroads	Modified
222790	Oil Spill Response Plan - Core Plan - Development - Class II Railroads	Modified
222789	Oil Spill Response Plan - Core Plan - Development - Class I Railroads	Modified
218614	Retrofitting Progress	Modified
217819	Routing - Alternative Security Analysis - Class III Railroads	Modified
217818	Routing - Alternative Security Analysis - Class II Railroads	Modified
212448	Incident Reporting for Flammable Liquids by Rail	Modified
212447	Routing - Security Analysis - Class III Railroads	Modified
212446	Routing - Security Analysis - Class II Railroads	Modified
212445	Routing - Collection by Line Segment - Class III Railroads	Modified
212443	Routing - Collection by Line Segment - Class II Railroads	Modified
212441	Sampling and Testing Plan	Modified

ICR Details

OMB Control No: 2137-0628	ICR Reference No: 201903-2137-003
Status: Active	Previous ICR Reference No: 201608-2137-001
Agency/Subagency: DOT/PHMSA	Agency Tracking No: 2137-0628
Title: Flammable Hazardous Materials by Rail Transportation
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: 05/14/2019
	Date Received in OIRA: 03/14/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2022	36 Months From Approved	05/31/2019
Responses	4,450	0	2,609
Time Burden (Hours)	77,195	0	103,815
Cost Burden (Dollars)	0	0	0

---

Abstract: This is a mandatory information collection for railroads who transport high-hazard flammable liquids that exceed certain thresholds by rail. This burden contains both reporting and recordkeeping requirements. The information collection ranges from a one-time collection, to monthly, annually, and on occasion collection. The information collected is specific to additional requirements for railroads when transporting large amounts of high-hazard flammable liquids by rail. For example, railroads are required to develop a comprehensive oil spill response plan to ensure that if there is an accident, proper procedures are in place to deal with mitigation, response, and clean-up of the hazardous material. The development, maintenance, and submission of these plans are captured within this information collection. While another information collection requires a person, who offers mined gases and liquids, including crude oil, to developing a sampling and testing plan to ensure the proper classification of the material, ensuring selection of the most appropriate rail car for shipment. In addition, many of these records may be requested at a reasonable time and location by DOT enforcement entities for review. The revision in this information collection is due to new requirements implemented in a final rule published on February 28, 2019, titled “Hazardous Materials: Oil Spill Response Plans and Information Sharing of High-Hazard Flammable Trains” [HM-251B; PHMSA-2014-0105]. This revision includes new requirements to develop an oil spill response plan and notification requirements for the movement of high-hazard flammable liquids by rail.

---

Authorizing Statute(s): US Code: 49 USC 5107-5127 Name of Law: Hazardous Materials Regulations (49 CFR 171-180)
  

Citations for New Statutory Requirements: US Code: 49 USC 5107-5127 Name of Law: Hazardous Materials Transportation Law (49 CFR 171-180)

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2137-AF08	Final or interim final rulemaking	84 FR 6910	02/28/2019

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 19

IC Title	Form No.	Form Name
Notification Plans - Maintenance
Notification Plans - DOT Request
Notice to other State Delegated Agency (Initial) - Class I Railroads
Notification to State Emergency Response Commissions (Initial) - Class III Railroads
Notification of Other State Delegated Agency Plans (Initial) - Class III Railroads
Oil Spill Response Plan - Response Zones - Development - Class III Railroads
Oil Spill Response Plan - Response Zones - Development - Class I Railroads
Oil Spill Response Plan - Response Zones - Development - Class II Railroads
Routing - Alternative Security Analysis - Class II Railroads
Retrofitting Progress
Notification to StateEmergency Response Commissions (Initial) - Class I Railroads
Notification to State Emergency Response Commissions (Initial) - Class II Railroads
Notification to Local Emergency Planning Commissions (Initial) - Class III Railroads
Oil Spill Response Plan - Submission
Notification to Tribal Emergency Response Commissions (Initial) - Class I Railroads
Notification to Local Emergency Planning Committee (Initial) - Class II Railroads
Notification to Other State Delegated Agencies (Initial) - Class II Railroads
Notification Plans - Development
Sampling and Testing Plan
Routing - Collection by Line Segment - Class II Railroads
Routing - Collection by Line Segment - Class III Railroads
Routing - Security Analysis - Class II Railroads
Routing - Security Analysis - Class III Railroads
Incident Reporting for Flammable Liquids by Rail
Routing - Alternative Security Analysis - Class III Railroads
Oil Spill Response Plan - Core Plan - Development - Class I Railroads
Oil Spill Response Plan - Core Plan - Development - Class II Railroads
Oil Spill Response Plan - Core Plan - Development - Class III Railroads

---

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	4,450	2,609	0	2,503	-662	0
Annual Time Burden (Hours)	77,195	103,815	0	61,682	-88,302	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: The burdens under this OMB control number are being revised due to regulatory changes associated with the final rule issued by PHMSA on February 28, 2019. The final rule revises and clarify requirements for comprehensive oil spill response plans (COSRPs) and to expand their applicability based on petroleum oil thresholds that apply to an entire train consist. This regulatory change accounts for the increased burden in this information collection request.

---

Annual Cost to Federal Government: $651,804

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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

---

Common Form ICR:  No

---

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: 03/14/2019

---