Rail Carrier and Tank Car Tanks Requirements, Rail Tank Car Tanks - Transportation of Hazardous Materials by Rail

Forms and Documents

Document Name	Status
2137-0559 HM-215O ICR Breakdown.xlsx Supplementary Document	2020-07-09
2137-0559 HM-215O Justification.docx Supporting Statement A	2020-07-09

IC Document Collections

IC ID	Document Title	Status
232140	Quality Assurance Program	Unchanged
232139	Initial marking, requalification marking, and requalification reporting requirements	Unchanged
232138	Record when a car seal is changed when the car is placarded with Division 1.1 or 1.2 explosive materials	Unchanged
232137	Division 1.1 or 1.2 explosive material inspection and Car Certificate requirements	Unchanged
232136	FRA Approval for transportation of bulk packages containing a hazardous material in COFC or TOFC service	Unchanged
232135	Nonconforming bulk packages must be repaired or approved from movement by the FRA	Modified
232134	Reporting to the Bureau of Explosives regarding any restrictions over any portion of its lines	Unchanged
232133	Compressed Gases and Cyrogenic Liquids in Tank Cars and Multi Unit Tank Cars Reporting	Unchanged
232132	Annual tank car owner progress report to FRA	Unchanged
232131	AAR approval required when a tank car is proposed for commodity service other than specified on a certificate of construction	Unchanged
232130	Tank Car Approvals	Unchanged

ICR Details

OMB Control No: 2137-0559	ICR Reference No: 202007-2137-005
Status: Active	Previous ICR Reference No: 202003-2137-001
Agency/Subagency: DOT/PHMSA	Agency Tracking No: 2137-0559
Title: Rail Carrier and Tank Car Tanks Requirements, Rail Tank Car Tanks - Transportation of Hazardous Materials by Rail
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: 09/30/2020
	Date Received in OIRA: 07/17/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2023	36 Months From Approved	10/31/2021
Responses	21,653	0	21,761
Time Burden (Hours)	4,472	0	4,985
Cost Burden (Dollars)	0	0	0

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Abstract: This information collection is mandatory when the requirements are applicable. There are a number of entities that are required to respond to this information collection, all of which are connected to the transportation of hazardous materials by rail. These entities include shippers, rail operators, tank car owners, and tank car facilities. These requirements are reporting and are submitted either annually or as needed, depending on the requirements. PHMSA requests a wide range of information, including, but not limited to, requiring a shipper to notify the FRA when a tank containing a flammable cryogenic liquid has not been received within 20 days of shipment and requirements for tank car facilities to create and submit to the AAR a quality assurance program. The information in this burden is collected by PHMSA, FRA, AAR, as well as the required entities, varying based on the specific requirement. This information is used to ensure the safe transportation of hazardous materials by rail and is designed to ensure the tank cars transporting hazardous materials meet the required specifications. This information collection is being revised based on PHMSA’s final rule published on May 11, 2020, titled “Hazardous Materials: Harmonization With International Standards” [HM-215O, 85 FR 27810]. This final rule recognized Transport Canada issued Temporary Certificates for one time movements of non-compliant tank cars, in lieu of a DOT-issued One-Time Movement Approvals (OTMAs) when the tank car shipment's origin or destination is in Canada. Because of this recognition, PHMSA anticipates a reduction in the estimated OTMA burden in this OMB Control Number.

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Authorizing Statute(s): US Code: 49 USC 5101-5127 Name of Law: HazMat Transportation Law
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2137-AF32	Final or interim final rulemaking	85 FR 27810	05/11/2020

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 60970	11/27/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 27810	05/11/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 11

IC Title	Form No.	Form Name
AAR approval required when a tank car is proposed for commodity service other than specified on a certificate of construction
Tank Car Approvals
Compressed Gases and Cyrogenic Liquids in Tank Cars and Multi Unit Tank Cars Reporting
Reporting to the Bureau of Explosives regarding any restrictions over any portion of its lines
Nonconforming bulk packages must be repaired or approved from movement by the FRA
FRA Approval for transportation of bulk packages containing a hazardous material in COFC or TOFC service
Division 1.1 or 1.2 explosive material inspection and Car Certificate requirements
Initial marking, requalification marking, and requalification reporting requirements
Quality Assurance Program
Annual tank car owner progress report to FRA
Record when a car seal is changed when the car is placarded with Division 1.1 or 1.2 explosive materials

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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	21,653	21,761	0	-108	0	0
Annual Time Burden (Hours)	4,472	4,985	0	-513	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to: Changing Regulations

Short Statement: This information collection is being revised based on PHMSA’s final rule published on May 11, 2020, titled “Hazardous Materials: Harmonization With International Standards” [HM-215O, 85 FR 27810]. This final rule recognized Transport Canada issued Temporary Certificates for one time movements of non-compliant tank cars, in lieu of a DOT-issued One-Time Movement Approvals (OTMAs) when the tank car shipment's origin or destination is in Canada. Because of this recognition, PHMSA anticipates a reduction in the estimated OTMA burden in this OMB Control Number.

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Annual Cost to Federal Government: $896,356

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? No

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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: 07/17/2020

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