Hazardous Materials Security Plans

Forms and Documents

Document Name	Status
HM-232EInterimFinalRuleJustification2137-0612.doc Supporting Statement A	2008-04-25

IC Document Collections

IC ID	Document Title	Status
26850	Hazardous Materials Security Plans	Modified

ICR Details

OMB Control No: 2137-0612	ICR Reference No: 200804-2137-002
Status: Historical Active	Previous ICR Reference No: 200603-2137-003
Agency/Subagency: DOT/PHMSA	Agency Tracking No: HM-232E IFR
Title: Hazardous Materials Security Plans
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: 06/05/2008
	Date Received in OIRA: 04/25/2008
Terms of Clearance: The additional information collection associated with this interim final rule is approved at this time. The agency shall examine public comment in response to the interim final rule 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. If substantive changes are made to the information collection, DOT shall submit the revised information collection for OMB approval.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2011	36 Months From Approved	05/31/2009
Responses	54,999	0	54,860
Time Burden (Hours)	427,719	0	376,250
Cost Burden (Dollars)	0	0	0

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Abstract: Hazardous materials are identified to ensure safe and appropriate handling, and facilitate emergency response during transportation; security threats are not specifically addressed. Security plans will enable shippers and carriers to reduce the possibility that a hazardous material shipment will be used as a weapon of opportunity by terrorists.

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Authorizing Statute(s): US Code: 49 USC 5101-5125 Name of Law: Hazardous Materials Transportation Law
  

Citations for New Statutory Requirements: US Code: 49 USC 5101-5125 Name of Law: null

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2137-AE02	Final or interim final rulemaking	73 FR 20752	04/16/2008

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Hazardous Materials Security Plans

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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	54,999	54,860	0	139	0	0
Annual Time Burden (Hours)	427,719	376,250	0	51,469	0	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: Under the HM-232E IFR, PHMSA is revising the HMR applicable to the safe and secure transportation of hazardous materials transported in commerce by rail. Specifically, we are adopting our proposal to require rail carriers to compile annual data on certain shipments of explosive, toxic by inhalation, and radioactive materials, use the data to analyze safety and security risks along rail transportation routes where those materials are transported, assess alternative routing options, and make routing decisions based on those assessments. We are clarifying rail carrier’s responsibility to address in their security plans issue related to en route storage and delays in transit. In addition, we are adopting a new requirement for rail carriers to inspect placarded hazardous materials rail cars for signs of tampering or suspicious items, including explosive devices.

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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: 04/25/2008

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