Hazardous Materials Security Plans

Forms and Documents

Document Name	Status
2137-0612 Justification HM-264_11.17.20.docx Supporting Statement A	2020-11-17
60-Day Notice.pdf Supplementary Document	2020-10-08
Calculation Data.xlsx Supplementary Document	2020-10-08

IC Document Collections

IC ID	Document Title	Status
230029	Inspection	Unchanged
229676	Notifying a Consignee in the Event of a Significant Delay - Class III Railroads	Unchanged
229675	Notifying a Consignee in the Event of a Significant Delay - Class II Railroads	Unchanged
229674	Notifying a Consignee in the Event of a Significant Delay - Class I Railroads	Unchanged
229672	Storage, Delays in Transit, and Notification - Class III Railroads	Unchanged
229671	Storage, Delays in Transit, and Notification - Class II Railroads	Unchanged
229670	Storage, Delays in Transit, and Notification - Class I Railroads	Unchanged
229669	Route Selection and Completion of Route Analysis - Class III Railroads	Unchanged
229668	Route Selection and Completion of Route Analysis - Class II Railroads	Unchanged
229667	Route Selection and Completion of Route Analysis - Class I Railroads	Unchanged
229665	Alternate Route Analysis - Class III Railroads	Modified
229664	Alternate Route Analysis - Class II Railroads	Modified
229663	Alternate Route Analysis - Class I Railroads	Modified
229662	Primary Route Analysis - Class III Railroads	Modified
229661	Primary Route Analysis - Class II Railroads	Modified
229660	Primary Route Analysis - Class I Railroads	Modified
229659	Compilation of Commodity Date - Class III Railroads	Unchanged
229658	Compilation of Commodity Date - Class II Railroads	Unchanged
229657	Compilation of Commodity Date - Class I Railroads	Unchanged
229656	Updating Security Plans - Small Companies	Unchanged
229655	Updating Security Plans - Large Companies	Unchanged
229637	New Security Plans - Small Companies	Unchanged
229635	New Security Plans - Large Companies	Unchanged

ICR Details

OMB Control No: 2137-0612	ICR Reference No: 202010-2137-001
Status: Received in OIRA	Previous ICR Reference No: 201801-2137-001
Agency/Subagency: DOT/PHMSA	Agency Tracking No: 2137-0612
Title: Hazardous Materials Security Plans
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/19/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2021
Responses	56,005	55,997
Time Burden (Hours)	428,399	427,719
Cost Burden (Dollars)	0	0

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Abstract: This information request is mandatory for offerors and carriers of certain hazardous materials to develop and implement a security plan. This collection is a reporting and recordkeeping requirement, which must be evaluated on an annual basis, as long as the hazardous materials subject to security plan requirements are still offered and/or carried. Security plans are required to be maintained at the principal place of business and must be made available, at a reasonable time and location, to an authorized official of the Department of Transportation or Department of Homeland Security. This information collection requires the evaluation of transportation security risks, including site-specific or location-specific risks associated with facilities at which the hazardous materials are prepared for transportation, stored, or unloaded incidental to movement. In addition, rail carriers of certain hazardous materials, are subject to additional security plan requirements, including the selection of the most practicable route posing the least overall safety and security risk. Security plans reduce the possibility that a hazardous material shipment will be used as a weapon of opportunity by terrorists. On July 24, 2020, PHMSA published a final rule titled “Hazardous Materials: Liquefied Natural Gas by Rail” [HM-264; 85 FR 44994], which included a requirement for expanded security plan requirements when liquefied natural gas is transported by rail. Specifically, this final rule included an increase in burden associated with two information collections as an additional hazardous material commodity is subject to routing requirements.

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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-AF40	Final or interim final rulemaking	85 FR 44994	07/24/2020

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 46220	07/31/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 73128	11/16/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 23

IC Title	Form No.	Form Name
Updating Security Plans - Large Companies
Updating Security Plans - Small Companies
Compilation of Commodity Date - Class I Railroads
Compilation of Commodity Date - Class II Railroads
Compilation of Commodity Date - Class III Railroads
Primary Route Analysis - Class I Railroads
Primary Route Analysis - Class II Railroads
Primary Route Analysis - Class III Railroads
Alternate Route Analysis - Class I Railroads
Alternate Route Analysis - Class II Railroads
Alternate Route Analysis - Class III Railroads
Route Selection and Completion of Route Analysis - Class I Railroads
Route Selection and Completion of Route Analysis - Class II Railroads
Route Selection and Completion of Route Analysis - Class III Railroads
Storage, Delays in Transit, and Notification - Class I Railroads
Storage, Delays in Transit, and Notification - Class II Railroads
Storage, Delays in Transit, and Notification - Class III Railroads
Notifying a Consignee in the Event of a Significant Delay - Class III Railroads
Notifying a Consignee in the Event of a Significant Delay - Class I Railroads
Notifying a Consignee in the Event of a Significant Delay - Class II Railroads
New Security Plans - Small Companies
New Security Plans - Large Companies
Inspection

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ICR Summary of Burden

	Total Request	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	56,005	55,997	0	8	0	0
Annual Time Burden (Hours)	428,399	427,719	0	680	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: This information collection request reflects an increase in responses, burden hours and salary cost. The increase stems from a final rule published on July 24, 2020, titled “Hazardous Materials: Liquefied Natural Gas by Rail” [HM-264; 85 FR 44994], which included a requirement for expanded security plan requirements when liquefied natural gas is transported by rail. Specifically, this increase is to two information collections as an additional hazardous material commodity is subject to routing requirements.

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Annual Cost to Federal Government: $0

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

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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: 11/19/2020

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