Rulemaking, Special Permits, and Preemption Requirements

Forms and Documents

Document	Type	Status	Availability
2137-0051 HM-219D 2023.xlsx	Supplementary Document	Uploaded 2023-08-30	Repair queued
2137-0051 Renewal HM-219D 2023.docx	Supporting Statement A	Uploaded 2023-08-30	Available
HM-219D NPRM.pdf	Supplementary Document	Uploaded 2023-08-28	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
248577	Modification Special Permit Application		Unchanged
230931	Preemption Reconsideration		Unchanged
230930	Preemption		Unchanged
230929	Confidential Handling - Additional Special Permit Application Conditional Activities		Unchanged
230928	Designated Agent - Additional Special Permit Application Conditional Activities		Unchanged
230927	Special Permit Application - Recordkeeping		Unchanged
230926	Renewal Special Permit Application		Modified
230925	Party Status Special Permit Application		Unchanged
230924	New Special Permit Application		Unchanged
230923	Petition for Rulemaking		Unchanged

ICR Details

OMB Control No: 2137-0051	ICR Reference No: 202308-2137-010
Status: Received in OIRA	Previous ICR Reference No: 202107-2137-007
Agency/Subagency: DOT/PHMSA	Agency Tracking No:
Title: Rulemaking, Special Permits, and Preemption Requirements
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/31/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2024
Responses	3,679	3,818
Time Burden (Hours)	4,071	4,279
Cost Burden (Dollars)	0	0

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Abstract: This is a request for extension of an information collection for rulemaking, special permits, and preemption requirements. The information collection is voluntary for regulated entities who wish to submit a petition for a rulemaking, special permit application, or preemption determination. The information collected in this OMB control number, include those persons who are requesting a change to the regulations, applying for the allowance to perform a function other than what is prescribed in the HMR, or seeking a preemption determination. The petition for rulemaking and preemption determination information collection are reporting requirements, while the special permit application process is both a reporting and recordkeeping requirement. The information is collected as needed. The information collected is used in PHMSA’s review process for determining the merits of petitions for rulemaking, special permit applications, and preemption determinations, and requires the submission of specific details on the reason for application. For a special permit, enforcement officials of the DOT will review the special permit at a reasonable time and location to ensure that the special permit holder is complying with the requirements outlined in the special permit authorization. The requested changes come from a Notice of Proposed Rulemaking (NPRM) published on March 3, 2023 , titled “Adoption of Miscellaneous Petitions and Updating Regulatory Requirements” [HM-219D; 88 FR 13624]. This NPRM proposes to update, clarify, improve the safety of, or streamline various regulatory requirements. Specifically, this rulemaking responds to 18 petitions for rulemaking submitted by the regulated community between May 2018 and October 2020 that requests PHMSA address a variety of provisions, including but not limited to those addressing packaging, hazard communication, and the incorporation by reference of certain documents.

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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-AF49	Proposed rulemaking	88 FR 13624	03/03/2023

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 10

IC Title	Form No.	Form Name
Confidential Handling - Additional Special Permit Application Conditional Activities
Designated Agent - Additional Special Permit Application Conditional Activities
Modification Special Permit Application
New Special Permit Application
Party Status Special Permit Application
Petition for Rulemaking
Preemption
Preemption Reconsideration
Renewal Special Permit Application
Special Permit Application - Recordkeeping

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ICR Summary of Burden

	Total Request	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	3,679	3,818	0	-139	0	0
Annual Time Burden (Hours)	4,071	4,279	0	-208	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 request reflects a proposed decrease in responses, burden hours and salary cost. The proposed decreases stem from a NPRM published on March 2, 2023, titled “Adoption of Miscellaneous Petitions and Updating Regulatory Requirements” [HM-219D; 88 FR 13624]. Specifically, this decrease is due to the proposals in the NPRM no longer requiring some entities to renew their special permits.

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Annual Cost to Federal Government: $110,000

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: 08/31/2023

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