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

Forms and Documents

Document Name	Status
2137-0559 Justification HM-246 NPRM.doc Supporting Statement A	2008-04-07

IC Document Collections

IC ID	Document Title	Status
26772	Rail Carrier and Tank Car Tanks Requirements, Rail Tank Car Tanks - Transportation of Hazardous Materials by Rail	Modified

ICR Details

OMB Control No: 2137-0559	ICR Reference No: 200804-2137-001
Status: Historical Inactive	Previous ICR Reference No: 200506-2137-001
Agency/Subagency: DOT/PHMSA	Agency Tracking No: 2137-0559
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: 06/24/2008
	Date Received in OIRA: 04/11/2008
Terms of Clearance: This information collection associated with this proposed rule is not approved at this time. The agency shall examine public comment in response to the NPRM and will describe in the preamble of the final rule how the agency has maximized the practical utility of the collection and minimized the burden. Please also note that since we are not approving the information collection at this time, the approval for the existing collection will not be extended at this time and will expire on 8/31/2008. PHMSA is reminded to take appropriate action to ensure that the approval for this collection is exended consistent with the requirements under the PRA.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2008	36 Months From Approved	11/30/2008
Responses	16,782	0	16,782
Time Burden (Hours)	2,689	0	2,689
Cost Burden (Dollars)	0	0	0

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Abstract: This is a request for a revision of an existing approval under OMB No. 2137-0559 for information and recordkeeping requirements pertaining to the manufacture, inspection, and maintenance of rail tank car tanks used in the transportation of hazardous materials by rail. These regulations are promulgated under the Federal hazardous materials transportation law, 49 U.S.C. 5101-5127. Docket No. FRA-2006-25169 (HM-246), “Hazardous Materials; Improving the Safety of Railroad Tank Car Transportation of Hazardous Materials,” Notice of Proposed Rulemaking (NPRM), published on April 1, 2008 [73 FR 17817], proposes changes to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) in order to enhance the safety of railroad tank cars which transport poisonous by inhalation (PIH) hazardous materials.

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Authorizing Statute(s): US Code: 49 USC 5101-5127 Name of Law: Hazardous Materials Regulations
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2130-AB69	Proposed rulemaking	73 FR 17817	04/01/2008

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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: 1

IC Title	Form No.	Form Name
Rail Carrier and Tank Car Tanks Requirements, Rail Tank Car Tanks - Transportation of Hazardous Materials by Rail

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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: Docket No. FRA-2006-25169 (HM-246), “Hazardous Materials; Improving the Safety of Railroad Tank Car Transportation of Hazardous Materials,” Notice of Proposed Rulemaking (NPRM), published on April 1, 2008 [73 FR 17817], proposes changes to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) in order to enhance the safety of railroad tank cars which transport poisonous by inhalation (PIH) hazardous materials. This is a joint rulemaking with the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Railroad Administration (FRA). This proposed rule will impose a small increase in the information collection and recordkeeping burden by requiring enhanced tank car performance standards for head and shell impacts; operational restrictions for trains hauling tank cars containing PIH materials; interim operational restrictions for trains hauling tank cars not meeting the enhanced performance standards; an allowance to increase the gross weight of tank cars that meet the enhanced tank-head and shell puncture-resistance systems; the demonstration of compliance test report; and a progress report on the status of the PIH fleet of tank cars to be provided to FRA.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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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: 04/11/2008

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