30-Day Notice

82 FR 45356_30-day Notice.pdf

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

30-Day Notice

OMB: 2137-0559

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45356

Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices

The meeting will be held at:
RTCA Headquarters, 1150 18th Street
NW., Suite 910, Washington, DC 20036.

DEPARTMENT OF TRANSPORTATION

FOR FURTHER INFORMATION CONTACT:

Revised Notice of Land Use Change
and Release of Grant Assurance
Restrictions at the Sacramento
International Airport (SMF),
Sacramento, California

ADDRESSES:

Karan Hofmann at khofmann@rtca.org
or 202–330–0680, or The RTCA
Secretariat, 1150 18th Street NW., Suite
910, Washington, DC 20036, or by
telephone at (202) 833–9339, fax at (202)
833–9434, or Web site at http://
www.rtca.org.
Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92–
463, 5 U.S.C., App.), notice is hereby
given for a meeting of the Fifty Second
RTCA SC–224 Plenary. The agenda will
include the following:

SUPPLEMENTARY INFORMATION:

Tuesday, October 24, 2017—10:00 a.m.–
1:00 p.m.
1. Welcome/Introductions/
Administrative Remarks
2. Review/Approve Previous Meeting
Summary
3. Report on TSA participation
4. Report on Document Distribution
Mechanisms.
5. Report on the New Guidelines and
other Safe Skies Reports
6. Discussion on DO–230I
7. TOR Changes
8. Action Items for Next Meeting
9. Time and Place of Next Meeting
10. Any Other Business
11. Adjourn
1.
Attendance is open to the interested
public but limited to space availability.
With the approval of the chairman,
members of the public may present oral
statements at the meeting. Persons
wishing to present statements or obtain
information should contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. Members of the public
may present a written statement to the
committee at any time.
Issued in Washington, DC on September
25, 2017.
Mohannad Dawoud,
Management & Program Analyst, Partnership
Contracts Branch, ANG–A17, NextGen,
Procurement Services Division, Federal
Aviation Administration.
[FR Doc. 2017–20826 Filed 9–27–17; 8:45 am]
BILLING CODE 4910–13–P

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Federal Aviation Administration

Federal Aviation
Administration, DOT.
ACTION: Revised notice of a nonaeronautical land-use change.
AGENCY:

This Notice revises ‘‘Notice of
Land Use Change and Release of Grant
Assurance Restrictions at the
Sacramento International Airport’’, June
14, 2016, Page 38772. The previous
Notice proposed to rule and invite
public comment on the application for
a land-use change for approximately
31.1 acres of airport property at
Sacramento International Airport (SMF),
California. The parcel size has changed
from 31.1 acres to approximately 35.32
acres of airport property. The land use
change will allow airport land to be
released from the aeronautical use
provisions of the Grant Assurances that
require it to serve an airport purposes
since the land is not needed for
aeronautical uses. The reuse of the land
for energy generating solar arrays
represents a compatible land use that
will not interfere with the airport or its
operations. The solar generated
electricity will benefit the airport by
producing a market return on the land
while reducing electrical costs. Cost
savings will equal or exceed the fair
market rental value of the land occupied
by the solar farms. These benefits will
serve the interest of civil aviation and
contribute to the self-sustainability of
the airport.
DATES: Comments must be received on
or before October 30, 2017.
FOR FURTHER INFORMATION CONTACT:
Comments on the request may be mailed
or delivered to the FAA at the following
address: Mr. James W. Lomen, Manager,
Federal Aviation Administration, San
Francisco Airports District Office,
Federal Register Comment, 1000 Marina
Boulevard, Suite 220, Brisbane, CA
94005. In addition, one copy of the
comment submitted to the FAA must be
mailed or delivered to Mr. Glen
Rickelton, Airport Manager, Sacramento
International Airport, 6900 Airport
Boulevard, Sacramento, CA 95837.
SUPPLEMENTARY INFORMATION: In
accordance with the Wendell H. Ford
Aviation Investment and Reform Act for
the 21st Century (AIR 21), Public Law
106–181 (Apr. 5, 2000; 114 Stat. 61),
this notice must be published in the
SUMMARY:

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Federal Register 30 days before the
Secretary may waive any condition
imposed on a federally obligated airport
by surplus property conveyance deeds
or grant agreements.
The following is a brief overview of
the request:
The County of Sacramento, California
request for a modification to the
conditions in the Grant Assurances to
permit the non-aeronautical use of
approximately 31.1 acres of land at
Sacramento International Airport for
two separate solar array sites to produce
solar generated electricity was revised
from 31.1 acres to approximately 35.3
acres of airport land. One solar array site
was changed from 16.3 acres to 20.3
acres of unimproved land located in the
north portion of the airfield, west of
Taxiway D. The other solar array site
was changed from 14.8 acres to 15.0
acres of an unused parking area between
Aviation Drive and Taxiway D in the
south portion of the airfield. The size of
the solar arrays did not change. Reuse
of the land for the solar arrays will not
impede future development of the
airport as there is sufficient land for
airport development. The lease rate is
based on the appraised market value of
the land. Compensation will be in the
form of a reduced electrical rate that
will produce cost savings that equals or
exceeds the appraised market value of
the land. The use of the property for the
solar arrays represents a compatible use.
Construction and operations of the solar
arrays will not interfere with airport
operations. The solar arrays will reduce
airport operational costs, which will
enhance the self-sustainability of the
airport and, thereby, serve the interest of
civil aviation.
Issued in Brisbane, California, on
September 21, 2017.
James W. Lomen,
Manager, San Francisco Airports District
Office, Western-Pacific Region.
[FR Doc. 2017–20851 Filed 9–27–17; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2017–0018 (Notice No.
2017–05)]

Hazardous Materials: Information
Collection Activities
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

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Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices
In accordance with the
Paperwork Reduction Act of 1995,
PHMSA invites comments on 11
information collections pertaining to
hazardous materials transportation for
which PHMSA intends to request
renewal from the Office of Management
and Budget. On April 21, 2017, PHMSA
published a notice with a 60-day
comment period soliciting comments on
these ICRs [82 FR 18828] under Docket
No. PHMSA–2017–0018 (Notice No.
2017–01). PHMSA received one
comment; however, it was outside the
scope of the April 21, 2017, notice.
DATES: Interested persons are invited to
submit comments on or before October
30, 2017.
ADDRESSES: You may submit comments
identified by Docket No. PHMSA–2017–
0018 (Notice No. 2017–05) by any of the
following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management System;
U.S. Department of Transportation,
West Building, Ground Floor, Room
W12–140, Routing Symbol M–30, 1200
New Jersey Avenue SE., Washington,
DC 20590.
• Hand Delivery: To the Docket
Management System; Room W12–140
on the ground floor of the West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Instructions: All submissions must
include the agency name and Docket
Number (PHMSA–2017–0018) for this
notice at the beginning of the comment.
To avoid duplication, please use only
one of these four methods. All
comments received will be posted
without change to the Federal Docket
Management System (FDMS) and will
include any personal information you
provide.
Requests for a copy of an information
collection should be directed to Steven
Andrews or T. Glenn Foster, Standards
and Rulemaking Division, (202) 366–
8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
Docket: For access to the dockets to
read background documents or
comments received, go to http://
www.regulations.gov or DOT’s Docket
Operations Office (see ADDRESSES).
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
SUMMARY:

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comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT:
Steven Andrews or T. Glenn Foster,
Standards and Rulemaking Division,
(202) 366–8553, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue SE., Washington,
DC 20590–0001.
SUPPLEMENTARY INFORMATION: Section
1320.8(d), title 5, Code of Federal
Regulations (CFR) requires PHMSA to
provide interested members of the
public and affected agencies an
opportunity to comment on information
collection and recordkeeping requests.
This notice identifies information
collection requests that PHMSA will be
submitting to the Office of Management
and Budget (OMB) for renewal and
extension. These information
collections are contained in 49 CFR
171.6 of the Hazardous Materials
Regulations (HMR; 49 CFR parts 171–
180). PHMSA has revised burden
estimates, where appropriate, to reflect
current reporting levels or adjustments
based on changes in proposed or final
rules published since the information
collections were last approved. The
following is provided for each
information collection: (1) Title of the
information collection, including former
title if a change is being made; (2) OMB
control number; (3) summary of the
information collection activity; (4)
description of affected public; (5)
estimate of total annual reporting and
recordkeeping burden; and (6)
frequency of collection. PHMSA will
request a 3-year term of approval for
each information collection activity and
will publish a notice in the Federal
Register upon OMB’s approval.
PHMSA requests comments on the
following 11 information collections:
1. Title: Hazardous Materials Security
Plans.
OMB Control Number: 2137–0612.
Summary: To assure public safety,
shippers and carriers must take
reasonable measures to plan and
implement procedures to prevent
unauthorized persons from taking
control of, or attacking, hazardous
materials shipments. Part 172 of the
HMR requires persons who offer or
transport certain hazardous materials to
develop and implement written plans to
enhance the security of hazardous
materials shipments. The security plan
requirements as prescribed in
§ 172.800(b) apply to specific types of

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shipments. Such shipments include but
are not limited to: Shipments greater
than 3,000 kg (6,614 pounds) for solids
or 3,000 liters (792 gallons) for liquids
and gases in a single packaging such as
a cargo tank motor vehicle, portable
tank, tank car, or other bulk container;
any quantity of a Division 1.1, 1.2, or 1.3
material; a large bulk quantity of a
Division 2.1 material; or any quantity of
a poison-by-inhalation material. A
security plan reduces the possibility
that a hazardous materials shipment
will be used as a weapon of opportunity
by a terrorist or criminal.
Affected Public: Shippers and carriers
of hazardous materials in commerce.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 54,999.
Total Annual Responses: 54,999.
Total Annual Burden Hours: 427,719.
Frequency of Collection: On occasion.
2. Title: Rulemaking, Special Permits,
and Preemption Requirements.
OMB Control Number: 2137–0051.
Summary: This information collection
applies to procedures for requesting
changes, exceptions, and other
determinations in relation to the HMR.
Specific areas covered in this
information collection include part 105,
subparts A and B, ‘‘Hazardous Materials
Program Definitions and General
Procedures’’; part 106, subpart B,
‘‘Participating in the Rulemaking
Process’’; part 107, subpart B, ‘‘Special
Permits’’; and part 107, subpart C,
‘‘Preemption.’’ The Federal hazardous
materials transportation law directs the
Secretary of Transportation to prescribe
regulations for the safe transportation of
hazardous materials in commerce.
PHMSA is authorized to accept
petitions for rulemaking and appeals, as
well as applications for special permits,
preemption determinations, and waivers
of preemption. The types of information
collected include:
(1) Petitions for Rulemaking: Any
person may petition PHMSA to add,
amend, or delete a regulation in parts
110, 130, 171 through 180, or may
petition the Office of the Chief Counsel
to add, amend, or delete a regulation in
parts 105, 106, or 107. Petitions
submitted to PHMSA are required to
contain information as required by
§ 106.100 of the HMR.
(2) Appeals: Except as provided in
§ 106.40(e), any person may submit an
appeal to our actions in accordance with
the Appeals procedures found in
§§ 106.110 through 106.130.
(3) Applications for Special Permit:
Any person applying for a special
permit must include the citation of the
specific regulation from which the
applicant seeks relief; specification of

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the proposed mode or modes of
transportation; detailed description of
the proposed special permit (e.g.,
alternative packaging, test, procedure, or
activity), including as appropriate,
written descriptions, drawings, flow
charts, plans and other supporting
documents, etc.
(4) Applications for Preemption
Determination: With the exception of
highway routing matters covered under
49 U.S.C. 5125(c), any person directly
affected by any requirement of a State,
political subdivision, or Indian tribe
may apply to the Chief Counsel for a
determination whether that requirement
is preempted by § 107.202(a), (b), or (c).
The application must include the text of
the State, political subdivision, or
Indian tribe requirement for which the
determination is sought; specify each
requirement of the Federal hazardous
materials transportation law, regulations
issued under the Federal hazardous
material transportation law, or
hazardous material transportation
security regulations or directives issued
by the Secretary of Homeland Security
with which the applicant seeks the
State, political subdivision, or Indian
tribe requirement to be compared;
explain why the applicant believes the
State, political subdivision, or Indian
tribe requirement should or should not
be preempted under the standards of
§ 107.202; and state how the applicant
is affected by the State, political
subdivision, or Indian tribe
requirement.
(5) Waivers of Preemption: With the
exception of requirements preempted
under 49 U.S.C. 5125(c), any person
may apply to the Chief Counsel for a
waiver of preemption with respect to
any requirement that: (1) The State,
political subdivision thereof, or Indian
tribe acknowledges to be preempted
under the Federal hazardous materials
transportation law, or (2) has been
determined by a court of competent
jurisdiction to be so preempted. The
Chief Counsel may waive preemption
with respect to such requirement upon
a determination that such requirement
affords an equal or greater level of
protection to the public than is afforded
by the requirements of the Federal
hazardous materials transportation law
or the regulations issued thereunder,
and does not unreasonably burden
commerce.
The information collected under these
application procedures is used in the
review process by PHMSA in
determining the merits of the petitions
for rulemakings and for reconsideration
of rulemakings, as well as applications
for special permits, preemption
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preemption to the HMR. The procedures
governing these petitions for rulemaking
and for reconsideration of rulemakings
are covered in subpart B of part 106.
Applications for special permits,
preemption, determinations, and
waivers of preemption are covered
under subparts B and C of part 107.
Rulemaking procedures help PHMSA
determine if a rule change is necessary,
is consistent with public interest, and
maintains a level of safety equal to or
superior to that of current regulations.
Special permit procedures provide the
information required for analytical
purposes to determine if the requested
relief provides for a comparable level of
safety as provided by the HMR.
Additionally, PHMSA uses information
from preemption procedures to
determine whether a requirement of a
State, political subdivision, or Indian
tribe is preempted under 49 U.S.C.
5125, or regulations issued thereunder,
or whether a waiver of preemption
should be issued.
Affected Public: Shippers, carriers,
packaging manufacturers, and other
affected entities.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 3,304.
Total Annual Responses: 4,294.
Total Annual Burden Hours: 4,899.
Frequency of Collection: On occasion.
3. Title: Requirements for United
Nations (UN) Cylinders.
OMB Control Number: 2137–0621.
Summary: This information collection
and recordkeeping burden is the result
of efforts to amend the HMR to adopt
standards for the design, construction,
maintenance, and use of cylinders and
multiple-element gas containers
(MEGCs) based on the standards
contained in the UN Recommendations
on the Transport of Dangerous Goods.
Aligning the HMR with the UN
Recommendations promotes flexibility,
permits the use of technological
advances for the manufacture of the
pressure receptacles, provides for a
broader selection of pressure
receptacles, reduces the need for special
permits, and facilitates international
commerce in the transportation of
compressed gases. Information
collection requirements address
domestic and international
manufacturers of cylinders that request
approval by the approval agency for
cylinder design types. The approval
process for each cylinder design type
includes review, filing, and
recordkeeping of the approval
application. The approval agency is
required to maintain a set of the
approved drawings and calculations for
each design it reviews and a copy of

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each initial design type approval
certificate approved by the Associate
Administrator for the Office of
Hazardous Materials Safety for not less
than 20 years.
Affected Public: Fillers, owners, users,
and retesters of UN cylinders.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 50.
Total Annual Responses: 150.
Total Annual Burden Hours: 900.
Frequency of Collection: On occasion.
4. Title: Response Plans for Shipments
of Oil.
OMB Control Number: 2137–0591.
Summary: In recent years, several
major oil discharges damaged the
marine environment of the United
States. Under authority of the Federal
Water Pollution Control Act, as
amended by the Oil Pollution Act of
1990, PHMSA issued regulations in 49
CFR part 130 that require preparation of
written spill response plans.
Affected Public: Carriers that
transport oil in bulk, by motor vehicle
or rail.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 8,000.
Total Annual Responses: 8,000.
Total Annual Burden Hours: 10,560.
Frequency of Collection: On occasion.
5. Title: Cargo Tank Specification
Requirements.
OMB Control Number: 2137–0014.
Summary: This information collection
consolidates and describes the
information collection provisions in
parts 107, 178, and 180 of the HMR
involving the manufacture,
qualification, maintenance, and use of
all specification cargo tank motor
vehicles. It also includes the
information collection and
recordkeeping requirements for persons
who are engaged in the manufacture,
assembly, requalification, and
maintenance of DOT specification cargo
tank motor vehicles. The types of
information collected include:
(1) Registration Statements: Cargo
tank manufacturers and repairers, as
well as cargo tank motor vehicle
assemblers, are required to be registered
with DOT and must furnish information
relative to their qualifications to
perform the functions in accordance
with the HMR. DOT uses the
registration statements to identify these
persons to ensure they possess the
knowledge and skills necessary to
perform the required functions and that
they are performing the specified
functions in accordance with the
applicable regulations.
(2) Requalification and Maintenance
Reports: These reports are prepared by

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persons who requalify or maintain cargo
tanks. This information is used by cargo
tank owners, operators and users, and
DOT compliance personnel to verify
that the cargo tanks are requalified,
maintained, and in proper condition for
the transportation of hazardous
materials.
(3) Manufacturers’ Data Reports,
Certificates, and Related Papers: These
reports are prepared by cargo tank
manufacturers and certifiers. They are
used by cargo tank owners, operators,
users, and DOT compliance personnel
to verify that a cargo tank motor vehicle
was designed and constructed to meet
all requirements of the applicable
specification.
Affected Public: Manufacturers,
assemblers, repairers, requalifiers,
certifiers, and owners of cargo tanks.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 41,366.
Total Annual Responses: 132,600.
Total Annual Burden Hours: 101,507.
Frequency of Collection: On occasion.
6. Title: Container Certification
Statements.
OMB Control Number: 2137–0582.
Summary: Shippers of explosives, in
freight containers or transport vehicles
by vessel, are required to certify on
shipping documentation that the freight
container or transport vehicle meets
minimal structural serviceability
requirements. This requirement ensures
an adequate level of safety for transport
of explosives aboard vessel and
consistency with similar requirements
in international standards.
Affected Public: Shippers of
explosives in freight containers or
transport vehicles by vessel.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 650.
Total Annual Responses: 890,000.
Total Annual Burden Hours: 14,908.
Frequency of Collection: On occasion.
7. Title: Testing Requirements for
Non-Bulk Packaging.
OMB Control Number: 2137–0572.
Summary: This information collection
consolidates and describes the
information provisions in parts 173 and
180 of the HMR on the testing
requirements for non-bulk packagings.
This OMB control number covers
performance-oriented packaging
standards and allows packaging
manufacturers and shippers increased
flexibility in selecting more economical
packagings for their products. This
information collection also allows
customizing the design of packagings to
better suit the transportation
environment that they will encounter
and encourages technological

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innovations, decreases packaging costs,
and significantly reduces the need for
special permits.
Affected Public: Each non-bulk
packaging manufacturer that tests
packagings to ensure compliance with
the HMR.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 5,010.
Total Annual Responses: 15,500.
Total Annual Burden Hours: 32,500.
Frequency of Collection: On occasion.
8. Title: Testing, Inspection, and
Marking Requirements for Cylinders.
OMB Control Number: 2137–0022.
Summary: Requirements in § 173.301
for qualification, maintenance, and use
of cylinders include periodic
inspections and retesting to ensure
continuing compliance with packaging
standards. Information collection
requirements address registration of
retesters and marking of cylinders by
retesters with their identification
number and retest date following the
completion of required tests. The
cylinder owner or designated agent
must keep records showing the results
of inspections and retests either until
expiration of the retest period or until
the cylinder is re-inspected or retested,
whichever occurs first. These
requirements ensure that retesters have
the qualifications to perform tests and
identify to cylinder fillers and users that
cylinders are qualified for continuing
use. Information collection
requirements in § 173.303 require that
fillers of acetylene cylinders keep, for at
least 30 days, a daily record of the
representative pressure to which
cylinders are filled.
Affected Public: Fillers, owners, users,
and retesters of reusable cylinders.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 139,352.
Total Annual Responses: 153,287.
Total Annual Burden Hours: 171,462.
Frequency of Collection: On occasion.
9. Title: Flammable Cryogenic
Liquids.
OMB Control Number: 2137–0542.
Summary: Provisions in
§ 177.840(a)(2) specify certain safety
procedures and documentation
requirements for drivers of motor
vehicles transporting flammable
cryogenic liquids. This information
allows the driver to take appropriate
remedial actions to prevent a
catastrophic release of the flammable
cryogenics should the temperature of
the material begin to rise excessively or
if the travel time will exceed the safe
travel time. These requirements are
intended to ensure a high level of safety
when transporting flammable

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cryogenics due to their extreme
flammability and high compression
ratio when in a liquid state.
Affected Public: Carriers of cryogenic
materials.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 65.
Total Annual Responses: 18,200.
Total Annual Burden Hours: 1,213.
Frequency of Collection: On occasion.
10. Title: Approval for Hazardous
Materials.
OMB Control Number: 2137–0557.
Summary: Without these
requirements, there is no means to: (1)
Determine whether applicants who
apply to become designated approval
agencies are qualified to evaluate
package design, test packages, classify
hazardous materials, etc.; (2) verify that
various containers and special loading
requirements for vessels meet the
requirements of the HMR; and (3) assure
that regulated hazardous materials pose
no danger to life and property during
transportation.
There are several approval provisions
contained in the HMR and associated
procedural regulations. Responses to
these information collections are
required to obtain benefits, such as
becoming an approval or certification
agency, or to obtain a variance from
packaging or handling requirements
based on information provided by the
respondent. These benefits and
variances involve areas, for example,
such as UN third-party certification;
authorization to examine and test
lighters; authorization to examine and
test explosives; and authorization to requalify DOT cylinders.
Affected Public: Business and other
entities who must meet the approval
requirements in the HMR.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 14,323.
Total Annual Responses: 14,674.
Total Annual Burden Hours: 30,070.
Frequency of Collection: On occasion.
11. Title: Rail Carrier and Tank Car
Tanks Requirements, Rail Tank Car
Tanks—Transportation of Hazardous
Materials by Rail.
OMB Control Number: 2137–0559.
Summary: This information collection
consolidates and describes the
information provisions in parts 172,
173, 174, 179, and 180 of the HMR on
the transportation of hazardous
materials by rail and the manufacture,
qualification, maintenance, and use of
tank cars. The types of information
collected include:
(1) Approvals of the Association of
American Railroads (AAR) Tank Car
Committee: An approval is required

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from the AAR Tank Car Committee for
a tank car to be used for a commodity
other than those specified in part 173
and on the certificate of construction.
This information is used to ascertain
whether a commodity is suitable for
transportation in a tank car. AAR
approval is also required for an
application for approval of designs,
materials and construction, conversion
or alteration of tank car tanks
constructed to a specification in part
179, or an application for construction
of tank cars to any new specification.
This information is used to ensure that
the design, construction, or
modification of a tank car or the
construction of a tank car to a new
specification is performed in accordance
with the applicable requirements.
(2) Progress Reports: Each owner of a
tank car that is required to be modified
to meet certain requirements specified
in § 173.31 must submit a progress
report to the Federal Railroad
Administration (FRA). FRA uses this
information to ensure that all affected
tank cars are modified before the
regulatory compliance date.
(3) FRA Approvals: An approval is
required from FRA to transport a bulk
packaging (such as a portable tank, IM
portable tank, intermediate bulk
container, cargo tank, or multi-unit tank
car tank) containing a hazardous
material in container-on-flat-car or
trailer-on-flat-car service other than as
authorized by § 174.63. FRA uses this
information to ensure that the bulk
package is properly secured using an
adequate restraint system during
transportation. An FRA approval is also
required for the movement of any tank
car that does not conform to the
applicable requirements in the HMR.
These latter movements are currently
being reported under the information
collection for special permit
applications.
(4) Manufacturer Reports and
Certificate of Construction: These
documents are prepared by tank car
manufacturers and used by owners,
users, and FRA personnel to verify that
rail tank cars conform to the applicable
specification.
(5) Quality Assurance Program:
Facilities that build, repair, and ensure
the structural integrity of tank cars are
required to develop and implement a
quality assurance program. This
information is used by the facility and
DOT compliance personnel to ensure
that each tank car is constructed or
repaired in accordance with the
applicable requirements.
(6) Inspection Reports: A written
report must be prepared and retained for
each tank car that is inspected and

VerDate Sep<11>2014

18:44 Sep 27, 2017

Jkt 241001

tested in accordance with § 180.509 of
the HMR. Rail carriers, users, and FRA
use this information to ensure that rail
tank cars are properly maintained and
in safe condition for transporting
hazardous materials.
Affected Public: Manufacturers,
owners, and rail carriers of tank.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 266.
Total Annual Responses: 17,685.
Total Annual Burden Hours: 2,834.
Frequency of Collection: Annually.
William S. Schoonover,
Associate Administrator of Hazard Materials
Safety, Pipeline and Hazardous Materials
Safety Administration.
[FR Doc. 2017–20796 Filed 9–27–17; 8:45 am]
BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2017–0122; Notice No.
2017–10]

Hazardous Materials: Emergency
Waiver No. 4
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of emergency waiver
order.
AGENCY:

The Pipeline and Hazardous
Materials Safety Administration is
issuing an emergency waiver order to
persons conducting operations under
the direction of Environmental
Protection Agency Region 2 or United
States Coast Guard 7th District within
the Hurricane Maria emergency and
disaster areas of Puerto Rico and the
United States Virgin Islands. This
Waiver Order is effective September 22,
2017, and shall remain in effect for 30
days from the date of issuance.
FOR FURTHER INFORMATION CONTACT:
Adam Horsley, Deputy Assistant Chief
Counsel for Hazardous Materials Safety,
Pipeline and Hazardous Materials Safety
Administration, telephone: (202) 366–
4400.
SUMMARY:

In
accordance with the provisions of 49
U.S.C. 5103(c), the Acting Administrator
for the Pipeline and Hazardous
Materials Safety Administration
(PHMSA), hereby declares that an
emergency exists that warrants issuance
of a Waiver of the Hazardous Materials
Regulations (HMR, 49 CFR parts 171–
180) to persons conducting operations
under the direction of Environmental

SUPPLEMENTARY INFORMATION:

PO 00000

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Fmt 4703

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Protection Agency (EPA) Region 2 (290
Broadway, New York, NY 10007–1866)
or United States Coast Guard (USCG)
7th District (Brickell Plaza Federal
Building, 909 SE 1st Avenue, Miami, FL
33131–3050) within the Hurricane
Maria emergency and disaster areas of
Puerto Rico and the United States Virgin
Islands. The Waiver is granted to
support EPA and USCG in taking
appropriate actions to prepare for,
respond to, and recover from a threat to
public health, welfare, or the
environment caused by actual or
potential oil and hazardous materials
incidents resulting from Hurricane
Maria.
On September 18, 2017, the President
issued an Emergency Declarations for
Hurricane Maria for the Commonwealth
of Puerto Rico (EM–3391) and the
United States Virgin Islands (EM–3390).
On September 20, 2017, the President
issued a Major Disaster Declaration for
the United States Virgin Islands (DR–
4340).
This Waiver Order covers all areas
identified in the declarations, as
amended. Pursuant to 49 U.S.C. 5103(c),
PHMSA has authority delegated by the
Secretary (49 CFR 1.97(b)(3)) to waive
compliance with any part of the HMR
provided that the grant of the waiver is:
(1) In the public interest; (2) not
inconsistent with the safety of
transporting hazardous materials; and
(3) necessary to facilitate the safe
movement of hazardous materials into,
from, and within an area of a major
disaster or emergency that has been
declared under the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
Given the continuing impacts caused
by Hurricane Maria, PHMSA’s Acting
Administrator has determined that
regulatory relief is in the public interest
and necessary to ensure the safe
transportation in commerce of
hazardous materials while EPA and
USCG execute their recovery and
cleanup efforts in Puerto Rico and the
United States Virgin Islands.
Specifically, PHMSA’s Acting
Administrator finds that issuing this
Waiver Order will allow EPA and USCG
to conduct their emergency support
function under the National Response
Framework to safely remove, transport,
and dispose of hazardous materials. By
execution of this Waiver Order, persons
conducting operations under the
direction of EPA Region 2 or USCG 7th
District within the Hurricane Maria
emergency and disaster areas of Puerto
Rico and the United States Virgin
Islands are authorized to offer and
transport non-radioactive hazardous
materials under alternative safety

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