The Pipeline and Hazardous Materials Safety Administration (PHMSA) has the primary responsibility for the issuance of Department of Transportation (DOT) Special Permits and Approvals under the Hazardous Materials Regulations (HMR; 49 CFR parts 171 180). An approval is a written authorization, including a competent authority approval, issued by the Associate Administrator, the Associate Administratorâs designee, or as otherwise prescribed in the HMR, to perform a function for which prior authorization by the Associate Administrator is required under subchapter C of this chapter (49 CFR parts 171-180).
There are more than 100 approval provisions in the HMR and associated procedural regulations. Responses to this information collection are required to obtain benefits, including becoming an approval or certification agency, or obtaining a variance from packaging or handling requirements based on information provided by the respondent. These benefits and variances include, but are not limited to: United Nations (UN) third party certification; authorization to examine and test lighters; authorization to examine and test explosives; and authorization to re-qualify DOT cylinders. This information collection supports the Departmental Strategic Goal for Safety. Required collections are contained in Hazardous Materials Program Procedures, 49 CFR part 107 and parts 100-185. These regulations are promulgated in accordance with 49 U.S.C. 5110, the Federal hazardous materials transportation law.
On February 10, 2026, PHMSA published a Notice of Proposed Rulemaking (NPRM) titled âHazardous Materials: Harmonization With International Standardsâ [HM-215R, 91 FR 5996 ]. PHMSA is proposing a new requirement in §â173.169 to require a competent authority approval for the shipment of fire suppressant dispersing devices. These proposed requirements in §â173.169 address the classification, handling and transport of fire suppressant dispersing devices as a Class 9 material. Specifically, PHMSA proposes that these fire suppressant dispersing devices must be examined and successfully tested by a person or agency who is authorized by the Associate Administrator to perform examination and testing of explosives as explained in §â173.56(b)(1), followed by submittal to the Associate Administrator and issuance of an EX approval.
This information collection request reflects a increase in responses, burden hours and salary cost. The increase stems from a NPRM titled âHazardous Materials: Harmonization With International Standardsâ [91 FR 5996]. This NPRM proposes to add an approval requirement for fire suppression devices in 49 CFR 173.169. PHMSA expects estimates would increase the number of annual approval applicants. PHMSA estimates that this revision will increase the number of approvals by 100 annually.
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 Calculation Data HM-215R NPRM.xlsx
2137-0557 Supporting Statement for HM-215R NPRM.docx
Approval of Fire Suppression Devices