This is to request the Office of
Management and Budget’s (OMB) for a revision of previously approved
OMB control number titled, “Approvals for Hazardous Materials” (OMB
Control No. 2137-0557), which is currently due to expire on
September 30, 2023. This information collection justification
addresses the burden associated with the provisions for approvals
within the Hazardous Materials Regulations (HMR; 49 CFR parts
171-180). This information collection is voluntary, but is required
when persons wish to conduct transportation activities requiring
approval from the Associate Administrator, including becoming an
approval or certification agency, obtaining clearance to
manufacture a package with a variance from the general
requirements, or manufacturing and transporting a new explosive
material. There HMR contains more than 100 approval provisions,
which specifies that a person must apply for an approval from the
Associate Administrator, to receive authorization for that action.
An entity that wishes to perform a function requiring approval from
the Associate Administrator, is required to respond to this
information collection. The types of entities widely range, such as
persons who manufacture explosives, persons wishing to transport
various quantities and types of hazardous materials by aircraft, or
persons wishing to become a cylinder approval agency. This
information collection is a reporting requirement, in which an
entity subject to the requirement must apply for an approval when
they first want to perform the function subject to approval
requirements. The person may also need to reapply for an approval
at a frequency, which is specified by the type of approval itself.
For example, some classification approvals may never expire, while
others may require renewal every 5 years. Each approval application
requires that an applicant demonstrate an equivalent level of
safety, in addition to information pertinent to the type of
approval they are requesting. For example, classification approvals
require test data, while cylinder visual inspection approvals
require training records, names of persons performing inspections,
and facility location. An applicant will be eligible to perform
their requested activity or transport their requested material,
with a formal approval letter issued by PHMSA. This collection,
which is only required for a small portion of hazardous materials
transportation operations, ensures that PHMSA is aware of those
persons conducting specific operations, while also ensuring the
continued safe transportation of hazardous materials. This
information collection currently requires RIN applicants to submit
for approval their RIN application and the pre-approval inspection
report generated by an IIA. However, in this request, and based on
a Notice of Administrative Discretion and Guidance, PHMSA is
authorizing alternative documentation in lieu of the pre-approval
inspection report, when an IIA inspection cannot be completed.
Therefore, PHMSA is submitting a request for a non-substantive
change to this burden request.
US Code:
49 USC 5101-5127 Name of Law: Hazardous Materials
Regulations
During its recent review of
this OMB Control Number, PHMSA noted that it had historically
bundled "M Number" approvals under broad information collection for
approvals. PHMSA has now separated “M Numbers” into its own
information collections. Additionally, PHMSA has now separated new
competent authority approvals into two distinct collections - one
for new applications and one for modifications. Lastly, PHMSA broke
out the testing and classification of explosive materials into
collections for new applications and applications for
modifications. By parsing these information collections based on
the latest data, PHMSA has reduced the overall burden hours
associated with this OMB Control Number.
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:
(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;
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.
2137-0557 Justification 2023 Renewal.docx
30-Day Notice - 8.29.23.pdf
2137-0557 Renewal ICR Breakdown.xlsx
Testing and Assignment of the Classification of Explosive Materials - Modifications