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

Forms and Documents

Document	Type	Status	Availability
2137-0559 HM-265 Updated ICR Breakdown .xlsx	Supplementary Document	Uploaded 2024-11-07	Repair queued
2137-0559 2023 HM-265 NPRM.docx	Supporting Statement A	Uploaded 2024-11-07	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
272204	DCE Providing DAC Requirements		New
272203	DCE Written Procedure to Verify Compliance		New
272202	Record Required for Car Being Held		New
272201	Procedures for Closing and Securing All Openings on a Tank Car (Existing)		New
272200	Procedures for Closing and Securing All Openings on a Tank Car (New)		New
272199	Tank car facility and DCE registration recordkeeping		New
272198	Tank Car Facility & DCE Registration (Retention)		New
272197	DCE Registration (New)		New
272196	Tank Car Facility Registration		New
272195	OTMA Documentation		New
268961	Retention of Class III alternative emergency response information plan		Unchanged
268956	Creation of Class III alternative emergency response information plan		Unchanged
268954	Retention of Test Records for Emergency System Notification Test		Unchanged
268949	Creation of Test Records for Emergency System Notification Test (Class I, II, III)		Unchanged
263837	Notification of Hazardous Materials Accidents or Incidents - (Class I, II, II Railroads)		Unchanged
263835	Hazardous Materials Train Consist Additional Information (Class I, II, III Railroads)		Unchanged
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		Removed
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	DCE approval required when a tank car is proposed for commodity service other than specified on a certificate of construction		Modified
232130	Tank Car Approvals		Unchanged

ICR Details

OMB Control No: 2137-0559	ICR Reference No: 202410-2137-006
Status: Received in OIRA	Previous ICR Reference No: 202406-2137-002
Agency/Subagency: DOT/PHMSA	Agency Tracking No:
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	Date Submitted to OIRA: 11/07/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2027
Responses	170,145	155,377
Time Burden (Hours)	102,093	18,556
Cost Burden (Dollars)	0	0

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Abstract: This is to request the Office of Management and Budget’s (OMB) three-year renewal with change of the information collection titled, “Rail Carrier and Tank Car Tanks Requirements, Rail Tank Car Tanks – Transportation of Hazardous Materials by Rail” under OMB Control No. 2137-0559, which is currently due to expire on November 30, 2026. The Department of Transportation (DOT) has collected information related to transportation by rail car since the creation of the DOT in 1967. This OMB control number was first approved on March 7, 1984, and was initiated as a result of an information collection for the approval of tank cars for Hyrdocyancic Acid Service. This OMB Control Number was broadened on January 17, 1986, to include rail carrier and tank car requirements that contained information collections. The requested change stems from a final rule published on June 24, 2024, titled “Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information” [HM-263; 89 FR 52956], which require all railroads to generate in electronic form, maintain, and provide to first responders, emergency response officials, and law enforcement personnel, certain information regarding hazardous materials in rail transportation to enhance emergency response and investigative efforts.

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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-AF41	Proposed rulemaking	89 FR 85590	10/28/2024

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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: 26

IC Title	Form No.	Form Name
Annual tank car owner progress report to FRA
Compressed Gases and Cyrogenic Liquids in Tank Cars and Multi Unit Tank Cars Reporting
Creation of Class III alternative emergency response information plan
Creation of Test Records for Emergency System Notification Test (Class I, II, III)
DCE Providing DAC Requirements
DCE Registration (New)
DCE Written Procedure to Verify Compliance
DCE approval required when a tank car is proposed for commodity service other than specified on a certificate of construction
Division 1.1 or 1.2 explosive material inspection and Car Certificate requirements
FRA Approval for transportation of bulk packages containing a hazardous material in COFC or TOFC service
Hazardous Materials Train Consist Additional Information (Class I, II, III Railroads)
Initial marking, requalification marking, and requalification reporting requirements
Nonconforming bulk packages must be repaired or approved from movement by the FRA
Notification of Hazardous Materials Accidents or Incidents - (Class I, II, II Railroads)
OTMA Documentation
Procedures for Closing and Securing All Openings on a Tank Car (Existing)
Procedures for Closing and Securing All Openings on a Tank Car (New)
Quality Assurance Program
Record Required for Car Being Held
Record when a car seal is changed when the car is placarded with Division 1.1 or 1.2 explosive materials
Reporting to the Bureau of Explosives regarding any restrictions over any portion of its lines
Retention of Class III alternative emergency response information plan
Retention of Test Records for Emergency System Notification Test
Tank Car Approvals
Tank Car Facility & DCE Registration (Retention)
Tank Car Facility Registration
Tank car facility and DCE registration 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	170,145	155,377	0	14,819	-51	0
Annual Time Burden (Hours)	102,093	18,556	0	83,554	-17	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to: Changing Regulations

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 increase in responses, burden hours and salary cost. The proposed increases stem from the publication of the HM-265 notice of proposed rulemaking (NPRM) titled “Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation” published in the federal register on October 28, 2024. The revisions include 10 new information collections, modify two existing information collections, and remove one information collection associated with this OMB control number. Responding to these information collections is mandatory. These information collections include both reporting and recordkeeping requirements.

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Annual Cost to Federal Government: $1,018,586

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: 11/07/2024

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