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:
2137-0559
ICR Reference No:
202410-2137-006
Status:
Historical Inactive
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
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
01/14/2025
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/07/2024
Terms of Clearance:
OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. OMB is filing comment on this proposed collection in accordance with 5 CFR 1320. Should PHMSA decide to issue a final rule with this collection, PHMSA is reminded to follow the procedures in 5 CFR 1320. In addition, PHMSA is reminded that 5 CFR 1320 requires agencies to submit to OMB collections associated with proposed rules no later than the date the proposed rule publishes.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2027
36 Months From Approved
09/30/2027
Responses
155,377
0
155,377
Time Burden (Hours)
18,556
0
18,556
Cost Burden (Dollars)
0
0
0
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.
Authorizing Statute(s):
US Code:
49 USC 5101-5127
Name of Law: HazMat Transportation Law
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
2137-AF41
Proposed rulemaking
89 FR 85590
10/28/2024
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
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
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.
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
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:
11/07/2024
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