View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2137-0628
ICR Reference No:
201903-2137-003
Status:
Historical Active
Previous ICR Reference No:
201608-2137-001
Agency/Subagency:
DOT/PHMSA
Agency Tracking No:
2137-0628
Title:
Flammable Hazardous Materials by Rail Transportation
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
05/14/2019
Retrieve Notice of Action (NOA)
Date Received in OIRA:
03/14/2019
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2022
36 Months From Approved
05/31/2019
Responses
4,450
0
2,609
Time Burden (Hours)
77,195
0
103,815
Cost Burden (Dollars)
0
0
0
Abstract:
This is a mandatory information collection for railroads who transport high-hazard flammable liquids that exceed certain thresholds by rail. This burden contains both reporting and recordkeeping requirements. The information collection ranges from a one-time collection, to monthly, annually, and on occasion collection. The information collected is specific to additional requirements for railroads when transporting large amounts of high-hazard flammable liquids by rail. For example, railroads are required to develop a comprehensive oil spill response plan to ensure that if there is an accident, proper procedures are in place to deal with mitigation, response, and clean-up of the hazardous material. The development, maintenance, and submission of these plans are captured within this information collection. While another information collection requires a person, who offers mined gases and liquids, including crude oil, to developing a sampling and testing plan to ensure the proper classification of the material, ensuring selection of the most appropriate rail car for shipment. In addition, many of these records may be requested at a reasonable time and location by DOT enforcement entities for review. The revision in this information collection is due to new requirements implemented in a final rule published on February 28, 2019, titled “Hazardous Materials: Oil Spill Response Plans and Information Sharing of High-Hazard Flammable Trains” [HM-251B; PHMSA-2014-0105]. This revision includes new requirements to develop an oil spill response plan and notification requirements for the movement of high-hazard flammable liquids by rail.
Authorizing Statute(s):
US Code:
49 USC 5107-5127
Name of Law: Hazardous Materials Regulations (49 CFR 171-180)
Citations for New Statutory Requirements:
US Code: 49 USC 5107-5127 Name of Law: Hazardous Materials Transportation Law (49 CFR 171-180)
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
2137-AF08
Final or interim final rulemaking
84 FR 6910
02/28/2019
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
19
IC Title
Form No.
Form Name
Incident Reporting for Flammable Liquids by Rail
Notice to other State Delegated Agency (Initial) - Class I Railroads
Notification Plans - DOT Request
Notification Plans - Development
Notification Plans - Maintenance
Notification of Other State Delegated Agency Plans (Initial) - Class III Railroads
Notification to Local Emergency Planning Commissions (Initial) - Class III Railroads
Notification to Local Emergency Planning Committee (Initial) - Class II Railroads
Notification to Other State Delegated Agencies (Initial) - Class II Railroads
Notification to State Emergency Response Commissions (Initial) - Class II Railroads
Notification to State Emergency Response Commissions (Initial) - Class III Railroads
Notification to StateEmergency Response Commissions (Initial) - Class I Railroads
Notification to Tribal Emergency Response Commissions (Initial) - Class I Railroads
Oil Spill Response Plan - Core Plan - Development - Class I Railroads
Oil Spill Response Plan - Core Plan - Development - Class II Railroads
Oil Spill Response Plan - Core Plan - Development - Class III Railroads
Oil Spill Response Plan - Response Zones - Development - Class I Railroads
Oil Spill Response Plan - Response Zones - Development - Class II Railroads
Oil Spill Response Plan - Response Zones - Development - Class III Railroads
Oil Spill Response Plan - Submission
Retrofitting Progress
Routing - Alternative Security Analysis - Class II Railroads
Routing - Alternative Security Analysis - Class III Railroads
Routing - Collection by Line Segment - Class II Railroads
Routing - Collection by Line Segment - Class III Railroads
Routing - Security Analysis - Class II Railroads
Routing - Security Analysis - Class III Railroads
Sampling and Testing Plan
ICR Summary of Burden
Total Approved
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
4,450
2,609
0
2,503
-662
0
Annual Time Burden (Hours)
77,195
103,815
0
61,682
-88,302
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:
No
Burden Reduction Due to:
Short Statement:
The burdens under this OMB control number are being revised due to regulatory changes associated with the final rule issued by PHMSA on February 28, 2019. The final rule revises and clarify requirements for comprehensive oil spill response plans (COSRPs) and to expand their applicability based on petroleum oil thresholds that apply to an entire train consist. This regulatory change accounts for the increased burden in this information collection request.
Annual Cost to Federal Government:
$651,804
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?
Uncollected
Agency Contact:
Steven Andrews 202 366-6199 steven.andrews@dot.gov
Common Form ICR:
No
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:
03/14/2019
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