2137-0014 Justification HM-265 NPRM

Department of Transportation

Office of the Chief Information Officer

Supporting Statement

Cargo Tank Specification Requirements

OMB Control No. 2137-0014

(Expiration Date: June 30, 2027)

Introduction

This is to request approval from the Office of Management and Budget (OMB) for a three-year extension for the information collection titled, “Cargo Tank Specification Requirements,” under OMB Control No. 2137-0014, currently due to expire on August 31, 2024. This information collection addresses the burden associated with the provisions for cargo tanks under various provisions within the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The information collection resulted from a January 29, 1981, final rule [46 FR 9880; HM-167], titled “Intermodal Portable Tanks,” which required an owner or manufacturer of an intermodal portable tank to apply for an approval.

This proposed request for revision of this OMB control number is due to the publication of the HM-265 notice of proposed rulemaking (NPRM)¹ titled “Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation” published in the federal register on October 28, 2024. This NPRM proposes to revise the HMR to adopt several modal-specific amendments that would enhance the safe transportation of hazardous materials in commerce. PHMSA, in consultation with the Federal Motor Carrier Safety Administration, the Federal Railroad Administration, and the United States Coast Guard, proposes amendments identified during Departmental review and from industry petitions for rulemaking.

Part A. Justification.

1. Circumstances that make collection of information necessary

This is a request for a revision of OMB Control No. 2137-0014 which accounts for reporting and recordkeeping requirements pertaining to the manufacture, certification, inspection, repair, maintenance, and re-qualification of Department of Transportation (DOT) specification cargo tank motor vehicles (CTMVs). Reporting and recordkeeping requirements contained in this request have been determined by PHMSA to be essential. The HMR prescribe requirements for the operation, maintenance, repair, and re-qualification of all DOT specification cargo tanks to decrease the probability and number of hazardous material releases due to an accident or tank failure. These requirements are based on ongoing research, petitions for rulemaking, and incident reports on the release of hazardous materials related to cargo tank motor vehicle transportation. Cargo tank manufacturing, registration, and qualification and maintenance requirements are found in Part 178, Subpart J, Part 180, Subpart E, and Part 107, Subpart F, respectively. Manufacturers, assemblers, repairers, requalifiers, motor carriers, and operators of DOT specification cargo motor vehicles are subject to these reporting and recordkeeping requirements. Rulemaking and current regulatory authority is from the Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.). The proposed revisions to this OMB control number are for the proposed requirements in § 180.407(f)(2) for a cargo tank owner to provide paperwork to the Registered Inspector prior to lining inspection and § 180.415(b) for an inspector or tester to mark the cargo tank with their registration number.

2. How, by whom, and for what purpose the information is to be used

Registration statements. Cargo tank manufacturers, repairers, and assemblers must register with the DOT and furnish information relevant to their qualifications to perform specified functions in accordance with the HMR. These registration statements are used by DOT, and state, and local agencies, as well as other interested parties to identify persons engaged in the manufacture, assembly, certification, inspection, and repair of cargo tanks or cargo tank motor vehicles. A copy of the registration must be retained at the registrants’ place of business. The registration is used by DOT to verify that these persons are qualified to perform the specified functions and to monitor their compliance with the HMR. When a modification of the registration statement is required, the registration holder must submit the change to PHMSA within 30 days of the change.

Design certificates. Design certificates verify that a cargo tank design type meets the requirements of the applicable specification. They are issued to a cargo tank manufacturer or repairer and ensure that the cargo tank is prepared by a design certifying engineer. The approved paperwork (including sketches, drawings, and calculations) must be retained by the manufacturer or repairer. These certificates are necessary for cargo tank owners and enforcement personnel to verify that a cargo tank design meets the applicable specification. At a reasonable time and location, a copy of the design certificate may be requested by an approved entity of the DOT.

Manufacturer’s data reports or certificate and related papers. These reports are used to ensure that DOT 406, 407 and 412 specification cargo tank motor vehicles conform to the requirements of the applicable specification contained in §§ 178.345, 178.346, 178.347 and 178.348, respectively. These records are prepared by cargo tank manufacturers and copies are provided to the cargo tank purchaser. These documents must be provided upon request by approved entities of the DOT at a reasonable time and location.

Requalification test and inspection reports. To ensure the continued integrity of cargo tank motor vehicles, certain periodic tests and inspections must be performed by qualified persons. The following test and inspections must be documented: pressure and leakage test; external and internal visual inspection; lining, tank shell, and head thickness tests; repairs or modifications; and cargo tanks in certain corrosive service. Records of the testing and inspection results are maintained by the cargo tank owner. If the vehicle is sold, these records are furnished to the purchaser. These records are used by owners, motor carriers, and DOT enforcement personnel to determine whether a cargo tank has been properly repaired and maintained in accordance with the HMR. Certain types of cargo tanks, such as the MC 338, are not subject to the requalification testing because these cargo tanks are leak and pressure tested before each trip.

Registered Inspector Lining Inspections. In § 180.407(f)(2), PHMSA is proposing to add documentation requirements for linings from the lining manufacturer or installer. This documentation must be provided to the Registered Inspector before inspection. PHMSA expects this requirement will ensure the lining is being properly inspected.

Registration Number on Cargo Tanks: The proposed requirement in § 180.415(b), requires that, unless already marked, the cargo tank registration number of the cargo tank facility performing the test or inspection must be marked on the cargo tank. Without the cargo tank registration number marked on the cargo tank, it is difficult to trace those safety concerns back to the testing and inspection facility who repaired, tested, or inspected the cargo tank

3. Extent of automated information collection

The burden of this information collection has been made as simple as possible. The information is necessary to ensure safe operations and is considered critical in making evaluations and assuring safe transportation of hazardous materials. The Government Paperwork Elimination Act directs agencies to allow the option of electronic filing and recordkeeping by October 2003, when practicable. Electronic filing and recordkeeping is authorized, dependent on the preference of those subject to these requirements and the information collection activity. For example, most cargo tank registrations are submitted electronically.

4. Efforts to identify duplication

This information collection has been in effect for many years and is unique to the HMR. PHMSA has done its due diligence to ensure that these requirements are not duplicated. Furthermore, PHMSA coordinates with its modal partners, such as the Federal Motor Carrier Safety Administration (FMCSA), to ensure that there is no duplication in this information collection.

5. Efforts to minimize the burden on small businesses

Each cargo tank is unique and the information cannot be duplicated. Applicable requirements have been made as general as possible to minimize burdens on affected persons while still providing for the safe transportation of hazardous materials. However, because the safety implications are the same no matter who is offering the hazardous material, PHMSA has determined that safety outweighs a reduction in specific small business burden.

6. Impact of less frequent collection of information.

Due to the hazards involved, if reporting and recordkeeping requirements were collected less frequently, there is a potential for the increased probability of incidents during transportation. A cargo tank which has been improperly constructed, repaired, or maintained may fail to contain its contents in the event of an incident or even in the normal course of transportation. Therefore, the collection requirements have been minimized as much as possible without impacting the safe transportation of hazardous materials.

7. Special circumstances.

This information collection is conducted in a manner consistent with the guidelines in 5 CFR 1320.5(d)(2).

8. Compliance with 5 CFR 1320.8

PHMSA published a NPRM and request for comments on the proposed revisions to this OMB control number in the Federal Register on October 28, 2024 [89 FR 85590] under Docket No. PHMSA-2018-0080

9. Payments or gift to respondents

There is no payment or gift provided to respondents associated with this collection of information.

10. Assurance of confidentiality

None of the data collected contain personally identifiable information (PII) or business confidential information. No guarantees of confidentiality are provided to applicants.

11. Justification for collection of sensitive information

The information collected is not of a sensitive nature.

12. Estimate of burden hours for information requested.

Total Number of Respondents	Total Number of Annual Responses	Total Annual Burden Hours	Total Annual Salary Costs	Total Annual Burden Costs
11,700	465,526	106,292	$8,136,099	$0

Registration:

Cargo tank registration is required every 6 years. PHMSA estimates there are 145 cargo tank manufactures who must register, meaning approximately 24 cargo tank manufactures register each year (145 cargo tank manufacturers/6 years). PHMSA estimates there are 195 repair facilities who much register, meaning approximately 33 repair facilities must register each year (195 repair facilities/6 years). Lastly, PHMSA estimates that there are 6,600 design certifying engineers and registered inspectors who must register, meaning 1,110 design certifying engineers and registered inspectors register each year (6,600 design certifying engineers and registered inspectors/6 years). It is estimated to take 20 minutes to register for a total of 389 annual burden hours (1,167 responses x 20 minutes). It is estimated to cost $76.54² per hour in employee salary to complete the registration for an annual salary cost or $29,767.37 per year (389 burden hours x $76.54). PHMSA does not estimate any out-of-pocket expenses.

Registration - § 107.503	Total Respondents	Annual Respondents	Response per Carrier	Annual Responses	Minutes per Response	Annual Burden Hours	Salary Cost per Hour	Annual Salary Cost	Annual Burden Cost
CT Manufacturer	145	24	1	24	20	8	$76.54	$616.61	$0
Repair Facilities	195	33	1	33	20	11	$76.54	$829.23	$0
Design Cert. Eng. & Registered Inspectors	6,660	1,110	1	1,110	20	370	$76.54	$28,321.52	$0
Total	7,000	1,167	3	1,167	60	389	$76.54	$29,767.37	$0

Registration - Recordkeeping

It is estimated that 10% of registration statements are requested by enforcement officials and designated entities of the DOT for a total of 117 annual responses. Each response is estimated to take 15 minutes, for a total of 29 annual burden hours (117 responses x 15 minutes). At $76.54 in hourly salary³, this information collection is estimated to cost $2,238.93 in salary (29 burden hours x $76.54). PHMSA does not estimate any out-of-pocket expenses.

Registration - § 107.504	Number of Respondents	Response per Registration	Total Annual Responses	Minutes per Response	Annual Burden Hours	Salary Cost per Hour	Annual Salary Cost	Annual Burden Cost
Recordkeeping	117	1	117	15	29	$76.54	$2,238.93	$0

Updating a Cargo Tank Registration

Cargo tank registration must be updated if there is any changes, such as a change in address. PHMSA estimates there are 145 respondents who modify their registration annually. PHMSA estimates is takes approximately 15 minutes to update a registration for approximately 36 burden hours (145 responses x 15 minutes). The salary cost is estimated at $76.54 per hour⁴ for a total of $2774.74 salary cost (36 burden hours x $76.54).

Updating a Cargo Tank Registration - § 107.503	Number of Respondents	Response per Carrier	Number of Responses	Minutes per Response	Annual Burden Hours	Salary Cost per Hour	Total Salary Cost	Total Burden Cost
Reporting	145	1	145	15	36.25	$76.54	$2,774.74	$0

Design Certificates - Reporting:

It is estimated that 55 cargo tank prototype designs or design modifications will require a design certificate. PHMSA estimates it takes 2.5 hours to create a design certificate (55 design certificates x 2.5 hours), for a total of 138 annual burden hours. The salary cost is estimated at $76.54 per hour⁵, for a total of $10,524.89 in annual salary cost (138 burden hours x $76.54). PHMSA estimates there are no out-of-pocket expenses.

Design Certificates for Prototypes - § 178.320(b)	Number of Respondents	Response per Carrier	Number of Responses	Hours per Response	Annual Burden Hours	Salary Cost per Hour	Total Salary Cost	Total Burden Cost
Reporting	55	1	55	2.5	138	$76.54	$10,524.89	$0

Design Certificates - Recordkeeping:

PHMSA estimates that the DOT requests copies of 7 design certificates each year. Each request is estimated to take 15 minutes, for a total of 2 annual burden hours (7 responses x 15 minutes). At a salary cost of $76.54per hour⁶, PHMSA estimates a total cost of $133.95 (2 burden hours x $76.54). PHMSA does not estimate any out-of-pocket expenses.

Design Certificates for Prototypes - § 178.320(b)	Number of Respondents	Response per Carrier	Number of Responses	Minutes per Response	Annual Burden Hours	Salary Cost per Hour	Total Salary Cost	Total Burden Cost
Recordkeeping	7	1	7	15	2	$76.54	$133.95	$0

Manufacturer’s Data Reports or Certificate and Related Papers - Reporting:

PHMSA estimates there are 145 respondents that prepare 48 manufacturer’s data report or certificates and related papers each year for a total of 6,960 annual responses. PHMSA estimates that it will take approximately 30 minutes to prepare the report, for a total of 3,480 annual burden hours (6,960 responses x 30 minutes). PHMSA estimates $76.54 per hour in salary cost⁷ for a total of $266,375.40 (6,980 burden hours x $76.54). PHMSA does not estimate any out-of-pocket expenses.

Manufacturer’s Data Reports or Certificate and Related Papers - § 178.345-15	Number of Respondents	Response per Carrier	Number of Responses	Minutes per Response	Annual Burden Hours	Salary Cost per Hour	Total Salary Cost	Total Burden Cost
Reporting	145	48	6,960	30	3,480	$76.54	$266,375.40	$0

Manufacturer’s Data Reports or Certificate and Related Papers - Recordkeeping:

PHMSA requires these documents be provided as appropriate to DOT inspectors. PHMSA estimates that 700 of these reports are requested per year. PHMSA estimates it takes 15 minutes to provide these documents, for a total of 175 annual burden hours (700 responses x 15 minutes). At $76.54 per hour in salary cost⁸, it is estimated to cost $13,395.31 in annual salary cost (175 burden hours x $76.54). PHMSA does not estimate any out-of-pocket expenses.

Manufacture's Data Reports or Certificate and Related Papers - § 178.345-15	Number of Respondents	Response per Carrier	Number of Responses	Minutes per Response	Annual Burden Hours	Salary Cost per Hour	Total Salary Cost	Total Burden Cost
Recordkeeping	700	1	700	15	175	$76.54	$13,395.31	$0

Completion of Manufacturers Data Report – Reporting:

PHMSA estimates there are 4,785 new cargo tanks and 1,015 remanufactured cargo tanks manufactured each year that require completion of a manufacturer’s report. Each data report is estimated to take 30 minutes to complete for a total of 2,393 annual burden hours for new cargo tanks (4,785 new cargo tanks x 30 minutes) and 1,015 annual burden hours for remanufactured cargo tanks (1,015 remanufactured cargo tanks x 30 minutes). It is estimated to cost $76.54 per hour in salary cost⁹ for a total salary cost of $183,133 for new cargo tanks (2,393 burden hours x $76.54) and $38,846 for remanufactured cargo tanks (1,015 burden hours x $76.54). PHMSA does not estimate any out-of-pocket expenses.

Completion of Manufacturer’s Data Report - § 178.337-18	Number of Respondents	Response per Carrier	Number of Responses	Minutes per Response	Annual Burden Hours	Salary Cost per Hour	Total Salary Cost	Total Burden Cost
New Cargo Tanks	145	33	4,785	30	2,393	$76.54	$183,133	$0
Remanufactured Cargo Tanks	145	7	1,015	30	508	$76.54	$38,846	$0
Total	290		5,800		2,900		$221,975.50	$0

Completion of Manufacturers Data Report – Recordkeeping:

PHMSA estimates that 580 reports will be requested by enforcement personnel annually. Each response is expected to take 15 minutes to complete, for a total of 145 annual burden hours (580 responses x 15 minutes). At a salary cost of $76.54¹⁰, the total salary cost is estimated at $10,570.35 (145 burden hours x $76.54). PHMSA estimates that there are no out-of-pocket expenses.

Completion of Manufacturer’s Data Report - §§ 178.337-18, 178-337-19	Number of Respondents	Response per Carrier	Number of Responses	Minutes per Response	Annual Burden Hours	Salary Cost per Hour	Total Salary Cost	Total Burden Cost
Recordkeeping	145	4	580	15	145	$76.54	$11,098.98	$0

Cargo Tank Repair/Modification Reports

PHMSA estimates there are 195 cargo tank facilities that must create a cargo tank repair or modification 77 times per year, for a total of 15,015 annual report. It is estimated that each of these reports takes 5 minutes to complete for a total of 1,251 annual burden hours (15,015 responses x 5 minutes). PHMSA estimates that the hourly salary cost is $76.54¹¹ per hour for a total of $95,776.50 is salary cost (1,251 burden hours x $76.54). PHMSA estimates there are no out-of-pocket expenses.

Cargo Tank Repair/Modification Reports - § 180.417	Number of Respondents	Response per Carrier	Number of Responses	Minutes per Response	Annual Burden Hours	Salary Cost per Hour	Total Salary Cost	Total Burden Cost
Reporting	195	77	15,015	5	1,251	$76.54	$95,776.50	$0

Test and Inspection Reports:

PHMSA estimates there are approximately 123,000 cargo tank motor vehicles. PHMSA estimates that approximately 20% of the cargo tanks are annually visually inspected, for a total of 24,600 cargo tanks (123,000 cargo tanks x 20%), while all cargo tanks are externally visually inspected. PHMSA estimates it takes 30 minutes to generate the report after the test for a total of 12,300 annual burden hours for visual inspections (24,600 cargo tanks x 30 minutes) and 61,500 annual burden hours for external visual inspections (123,000 cargo tanks x 30 minutes). At $76.54per hour in salary costs,¹² PHMSA estimates a total of $941,498 in salary cost for visual inspections (12,300 burden hours x $76.54) and $4,707,492 in salary cost for external visual inspections (61,500 burden hours x $76.54). PHMSA does not estimate any out-of-pocket expenses.

Testing and Inspection of Cargo Tanks - § 180.407(d)	Cargo Tank Owners	Avg. Number of Cargo Tanks in Fleet	Total Number of Cargo Tanks	Percentage of Cargo Tanks Tested Annually	Number of Cargo Tanks Tested	Minutes per Response	Annual Burden Hours	Salary Cost per Hour	Total Salary Cost	Total Burden Cost
Visual Inspections	1,654	74	123,000	20%	24,600	30	12,300	$76.54	$941,898	$0
External Visual Inspections	1.654	74	123,000	100%	123,000	30	61,500	$76.54	$4,707,492	$0
Total					147,600		73,800		$5,648,989.89	$0

Obtain and Provide Paperwork for Lining Inspections

For the proposed requirement in § 180.407(f)(2) for a cargo tank owner to provide paperwork to the Registered Inspector for lining inspection, PHMSA estimates 1,333 cargo tank owners will provide paperwork for approximately 60 cargo tanks per year. It is estimated to take five minutes per response, for a total of 6,665 annual burden hours. PHMSA does not estimate that there are any out-of-pocket expenses. At $76.54per hour in salary costs, PHMSA estimates a total of $510,150.00 in salary cost for providing paperwork for lining inspections (6,655 burden hours x $76.54).

Obtain and Provide Paperwork for Lining Inspections - § 180.407(f)(2)	Number of Respondents	Response per Carrier	Number of Responses	Minutes per Response	Annual Burden Hours	Salary Cost per Hour	Total Salary Cost	Total Burden Cost
Reporting	1,333	60	79,980	5	6,665	$76.54	$510,150.00	$0

Registration Number on Cargo Tank

The new proposed requirement in § 180.415(b) for a cargo tank inspector to mark the cargo tank with their registration number of the cargo tank facility is expected to increase information collection burden. PHMSA estimates 3,400 cargo tank inspectors will mark each cargo tank approximately 61 times per year resulting in 207,400 responses per year. The marking is anticipated to take five minutes per inspection, resulting in a total of 17,283 annual burden hours (207,400 responses x 5 minutes per response). At $76.54per hour in salary costs, HMSA estimates a total of $1,322,894.00 in salary cost ($76.54 x 17,283 burden hours). PHMSA does not estimate any out-of-pocket expenses.

PHMSA notes that after the first year of this requirement, there will be a significant reduction in this burden as the registration number does not need to be remarked on the cargo tank if it is being tested and inspected at the same location. Therefore, PHMSA plans to update this burden one year after the effective date of this rulemaking.

Registration Number on Cargo Tank - § 180.415(b)	Number of Respondents	Response per Carrier	Number of Responses	Minutes per Response	Annual Burden Hours	Salary Cost per Hour	Total Salary Cost	Total Burden Cost
Reporting	3,400	61	207,400	5	17,283	$76.54	$1,322,894.00	$0

13. Estimate of total annual costs to respondents

PHMSA estimates there are no out-of-pocket expenses, and therefore there is no annual cost to respondents.

14. Estimate of cost to the Federal Government

Cargo tank registration statements are reviewed by the Federal Government. On average, there are 1,167 submission per year. Each review takes 30 minutes, for a total of 583 annual hours (1,167 registration x 30 minutes). Review by a GS-13 in Washington, D.C. is approximately $72.74¹³ per hour, for a total cost of $42,430 to the Federal Government.

Number of Submissions	Minutes per Registration	Annual Hours	Salary Cost per Hour	Total Salary Cost
1,167	30	583	$72.74	$42,430

In addition, FMCSA conducts approximately 120,000 inspections per year on cargo tanks, where they request information associated with this OMB Control Number. Each inspection takes approximately 45 minutes, for a total of 90,000 hours (120,000 inspections x 45 minutes). At a salary of $72.74 per hour¹⁴ this collection costs $6,546,413 cost to the Federal Government.

Number of Inspections	Minutes per Inspections	Annual Hours	Salary Cost per Hour	Total Salary Cost
120,000	45	90,000	$72.74	$6,546,413

15. Explanation of program changes or adjustments

The proposed changes in this NPRM add two new information collections to this OMB control number. The first proposed information collection in § 180.407(f)(2) requires that a cargo tank owner to provide paperwork to the Registered Inspector for lining inspection. PHMSA estimates 1,333 cargo tank owners will provide paperwork for approximately 60 cargo tanks per year. It is estimated to take five minutes per response, for a total of 6,665 annual burden hours. The second proposed information collection in § 180.415(b) requires that a cargo tank inspector to mark the cargo tank with their registration number is expected to increase information collection burden. PHMSA estimates 3,400 cargo tank inspectors will mark each cargo tank approximately 61 times per year. The marking is anticipated to take five minutes per inspection, resulting in a total of 17,283 annual burden hours. If these two information collections are finalized, they will result in an increased burden on the regulated community.

16. Publication of results of data collection

A list of facilities that report information in this information collection can be found on the FMCSA website (http://mcmis.volpe.dot.gov/mcs150t/pkg_ct_public.prc_ct_public_search).

No other information collection reporting requirements are posted or published by the Federal Government. There are no statistical techniques involved in this information collection.

17. Approval for not displaying the expiration date of OMB approval

This OMB Control Number is prominently displayed in the HMR, specifically under § 171.6, titled, “Control Numbers under the Paperwork Reduction Act.”

18. Exceptions to certification statement

These activities comply with the requirements in 5 CFR 1320.9.

1 89 FR 85590 (Oct. 28, 2024)

2 Occupation labor rates based on 2023 Occupational and Employment Statistics Survey (OES) for “Health and Safety Engineers, Except Mining Safety Engineers and Inspectors (17-2111)” https://www.bls.gov/oes/current/oes172111.htm. The hourly mean wage for this occupation ($52.28) is adjusted to reflect the total costs of employee compensation based on the BLS Employer Costs for Employee Compensation Summary, which indicates that wages for civilian workers are 68.3 percent of total compensation (total wage = wage rate/wage % of total compensation).

3 Ibid.

4 Ibid.

5 Ibid.

6 Ibid.

7 Ibid.

8 Ibid.

9 Ibid.

10 Ibid.

11 Ibid.

12 Ibid,

13 Based on the 2021 salary table (https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2021/DCB_h.pdf) the hourly mean wage for a GS-13 in 2021 is $49.68. The hourly salary is adjusted to reflect the total costs of employee compensation based on the BLS Employer Costs for Employee Compensation Summary, which indicates that wages for civilian workers are 68.3 percent of total compensation (total wage = wage rate/wage % of total compensation).

14 Ibid.

10