Rulemaking, Special Permits, and Preemption Requirements

ICR 202308-2137-010

OMB: 2137-0051

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2023-08-30
Supporting Statement A
2023-08-30
Supplementary Document
2023-08-28
ICR Details
2137-0051 202308-2137-010
Received in OIRA 202107-2137-007
DOT/PHMSA
Rulemaking, Special Permits, and Preemption Requirements
Revision of a currently approved collection   No
Regular 08/31/2023
  Requested Previously Approved
36 Months From Approved 11/30/2024
3,679 3,818
4,071 4,279
0 0

This is a request for extension of an information collection for rulemaking, special permits, and preemption requirements. The information collection is voluntary for regulated entities who wish to submit a petition for a rulemaking, special permit application, or preemption determination. The information collected in this OMB control number, include those persons who are requesting a change to the regulations, applying for the allowance to perform a function other than what is prescribed in the HMR, or seeking a preemption determination. The petition for rulemaking and preemption determination information collection are reporting requirements, while the special permit application process is both a reporting and recordkeeping requirement. The information is collected as needed. The information collected is used in PHMSA’s review process for determining the merits of petitions for rulemaking, special permit applications, and preemption determinations, and requires the submission of specific details on the reason for application. For a special permit, enforcement officials of the DOT will review the special permit at a reasonable time and location to ensure that the special permit holder is complying with the requirements outlined in the special permit authorization. The requested changes come from a Notice of Proposed Rulemaking (NPRM) published on March 3, 2023 , titled “Adoption of Miscellaneous Petitions and Updating Regulatory Requirements” [HM-219D; 88 FR 13624]. This NPRM proposes to update, clarify, improve the safety of, or streamline various regulatory requirements. Specifically, this rulemaking responds to 18 petitions for rulemaking submitted by the regulated community between May 2018 and October 2020 that requests PHMSA address a variety of provisions, including but not limited to those addressing packaging, hazard communication, and the incorporation by reference of certain documents.

US Code: 49 USC 5101 Name of Law: Hazardous Materials Transportation Law
  
None

2137-AF49 Proposed rulemaking 88 FR 13624 03/03/2023

No

  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 3,679 3,818 0 -139 0 0
Annual Time Burden (Hours) 4,071 4,279 0 -208 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
Yes
Changing Regulations
This information collection request reflects a proposed decrease in responses, burden hours and salary cost. The proposed decreases stem from a NPRM published on March 2, 2023, titled “Adoption of Miscellaneous Petitions and Updating Regulatory Requirements” [HM-219D; 88 FR 13624]. Specifically, this decrease is due to the proposals in the NPRM no longer requiring some entities to renew their special permits.

$110,000
No
    No
    No
No
No
No
No
Steven Andrews 202 366-6199 steven.andrews@dot.gov

  No

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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
08/31/2023


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