Hazardous Materials Shipping Papers & Emergency Response Information

Forms and Documents

Document Name	Status
2137-0034 Justitification for HM-215N.doc Supporting Statement A	2017-05-23

IC Document Collections

IC ID	Document Title	Status
42028	Hazardous Materials Shipping Papers & Emergency Response Information	Modified

ICR Details

OMB Control No: 2137-0034	ICR Reference No: 201705-2137-001
Status: Historical Active	Previous ICR Reference No: 201608-2137-006
Agency/Subagency: DOT/PHMSA	Agency Tracking No: 2137-0034
Title: Hazardous Materials Shipping Papers & Emergency Response Information
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: 08/11/2017
	Date Received in OIRA: 06/21/2017
Terms of Clearance: Previous terms of clearance continue to apply: Approved for one year (as of 4/20/17). During this time PHMSA is encouraged to continue exploring allowing paperless hazard communication and seek public input on advantages and disadvantages and appropriate performance standards. If PHMSA has not published a regulatory notice in the Federal Register seeking public comment on paperless hazard communication by the time PHMSA must publish a 60 day notice to extend OMB approval of this collection, PHMSA should include at least the following information in the 60 and 30 day notices for extending approval of this collection, in addition to the standard information required by the PRA: -- Identification and explanation of any technical and other barriers to paperless hazard communication by mode and environment (e.g., rural, urban) if applicable, and requests for public comment on ways to address those barriers; -- Identification and explanation of any safety problems associated with paperless hazard communication that are not present with paper-based hazard communication; -- Identification of safety, business and any other benefits associated with paperless hazard communication, by mode if possible; and -- At least rough estimates of the potential burden and cost reduction from fully allowing paperless hazard communication, by mode if possible, the methodology/inputs for the estimates, and request public comment on those estimates.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2018	36 Months From Approved	04/30/2018
Responses	175,234,493	0	185,000,000
Time Burden (Hours)	4,598,685	0	4,625,846
Cost Burden (Dollars)	0	0	0

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Abstract: This information collection request requires persons who offer hazardous materials in transportation to prepare a shipping paper and provide an emergency response telephone number. Unless excepted, a shipping paper is required to accompany every hazardous materials shipment to communicate with carriers, enforcement officials, and first responders the hazardous materials in transportation. Each shipping paper contains specific information about the hazardous material(s) being transported, including identification number, proper shipping name, hazard class, and packing group (if applicable), as well as number and type of packages. Additionally, a shipper must provide and clearly communicate a 24-hour emergency response telephone number that is capable of being answered without delay. In the event of an incident involving hazardous materials, emergency responders use the emergency response telephone number listed on the shipping paper to obtain more information about the hazardous properties of each material. Each shipping paper is developed in approximately 1 minute and 30 seconds and must be retained for 2 or 3 years depending on the type of hazardous material present. An official of the United States Department of Transportation, such as an enforcement officer, or another State-related enforcement agency may request copies of a shipping paper to verify compliance. This information collection request is being submitted with a reduction in burden based on regulatory amendments made in a final rule titled “Hazardous Materials: Harmonization with International Standards (RRR)” published in the Federal Register on March 30, 2017, under Docket No. PHMSA-2015-0273 (HM-215N). This rulemaking reduced the burden to shippers by removing the requirement to provide a lithium battery handling document when shipping smaller lithium cells and batteries. While the rulemaking decreased the burden overall, the requirement that shippers communicate prototype or low production run battery shipments on a shipping paper resulted in an increase. The rulemaking also added new marine pollutant entries in Appendix B of § 172.101.

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Authorizing Statute(s): US Code: 49 USC 5010-5127 Name of Law: HazMat Transportaton Law
  

Citations for New Statutory Requirements: US Code: 49 USC 5107-5127 Name of Law: Hazardous Materials Regulations

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 61741	09/07/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 15796	03/30/2017
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
Hazardous Materials Shipping Papers & Emergency Response Information

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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	175,234,493	185,000,000	0	-9,765,507	0	0
Annual Time Burden (Hours)	4,598,685	4,625,846	0	-27,161	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: PHMSA published final rule HM-215N (RIN 2137-AF18) on 3/30/2017, which intended to align with international regulations. In this final rule, PHMSA amended the requirements for having a handling document to accompany certain shipments for smaller lithium cells and batteries. There were some negligible increases in the information collection burden. These increases included requiring an indication of shipments of low production run or prototypes on a shipping paper and the addition of marine pollutants in Appendix A to 172.101.

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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]? 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

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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: 06/21/2017

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