Rulemaking, Special Permits, and Preemption Requirements

This is a renewal with change 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. There are no changes to the total number of burden hours for the renewal of this OMB Control Number. However, there is a change in the number of responses. During review of this burden, PHMSA noted it has historically consolidated of all reporting and recordkeeping requirements into one information collection. As demonstrated throughout this justification, PHMSA is now separating the information collections into 9 different reporting and recordkeeping requirements. This change decreases the number of responses. However, this did not change the number of total burden hours, because no changes were made to the petition for rulemaking, special permit, or preemption requirements.

The latest form for Rulemaking, Special Permits, and Preemption Requirements expires 2021-08-31 and can be found here.

Rulemaking, Special Permits, and Preemption Requirements

Federal Enterprise Architecture: Transportation - Ground Transportation