This is to request the Office of Management and Budgetâs (OMB) for a revision of previously approved OMB control number titled, âApprovals for Hazardous Materialsâ (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.
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 âM Numbersâ 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