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. This proposed request for revision of this OMB control
number is due to the publication of the HM-265 notice of proposed
rulemaking (NPRM) titled “Hazardous Materials: Advancing Safety of
Highway, Rail, and Vessel Transportation” published in the federal
register on October 28, 2024. This NPRM proposes to revise the HMR
to adopt several modal-specific amendments that would enhance the
safe transportation of hazardous materials in commerce. PHMSA, in
consultation with the Federal Motor Carrier Safety Administration,
the Federal Railroad Administration, and the United States Coast
Guard, proposes amendments identified during Departmental review
and from industry petitions for rulemaking.
US Code:
49 USC 5101-5125 Name of Law: Hazardous Materials
Transportation Law
PHMSA estimates this rulemaking
will result in a change in the current estimated burden based on
the new exception from alternate route analysis. Specifically,
PHMSA proposes to add § 172.820(d)(3) to provide an exception where
no alternate route exists. PHMSA estimates that approximately 10
percent of Class II and III railroad routes will no longer have to
develop alternate route analysis. This leads to a reduction of
1,400 total burden hours for both Class II and III railroads.
However, § 172.820(d)(3) requires that to take the alternate route
analysis exception, the railroad must develop remediation or
mitigation measures and certify that no alternative route exists.
Therefore, PHMSA estimates that there will be 132 railroads (32
Class II and 100 Class III railroads), with 47 routes where no
alternate route exists. PHMSA estimates it will take 30 minutes to
develop the written measures and certification and this new
requirement will result in a total of 24 annual burden hours.
Because there is no change in the number of Class II and III
railroads who are subject to alternate route analysis requirements,
there is an increase in respondents and responses, but there is an
overall decrease in burden hours and salary costs.
$0
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.
2137-0612 Justification HM-265 NPRM.docx
Calculation Data for 2137-0612 HM-265.xlsx
Certifying that No Alternative Route Exist