FR 2021-03555

The document under review is a notice from the Pipeline and Hazardous Materials Safety Administration (PHMSA), part of the U.S. Department of Transportation. Published in the Federal Register, it seeks public comments on three specific information collections related to the transportation of hazardous materials. PHMSA aims to renew these collections with the Office of Management and Budget (OMB) in adherence to the Paperwork Reduction Act of 1995. The document outlines the scope of the information being collected, the affected parties, and the associated reporting burdens.

General Summary

The notice is structured to invite public commentary on ongoing information collection efforts dealing with hazardous materials. It specifies three main areas: cargo tank specification requirements, testing and marking requirements for cylinders, and container certification statements. Each collection is defined by its impact on different segments of the hazardous materials transportation process, such as manufacturers, assemblers, and shippers.

Comments on these collections are to be submitted by April 26, 2021, with multiple submission methods provided—though some might appear complex to those unfamiliar with regulatory procedures.

Significant Issues and Concerns

One of the primary concerns with the document is its reliance on regulatory and legal terminology. Terms such as "OMB Control Number" and references to specific Code of Federal Regulations (CFR) sections might be confusing to a general audience without legal or regulatory background. This complex language can be a barrier for individuals and organizations who wish to engage with the regulatory process but do not have specialized knowledge.

Moreover, the document fails to elucidate how adjustments and changes in burden estimates were made, potentially leaving stakeholders without a clear understanding of the data driving these updates. This opacity might lead to questions about the necessity and efficacy of these reporting adjustments.

Broad Public Impact

For the general public, the procedures outlined in this notice may seem distant or irrelevant at first glance. However, the safe transportation of hazardous materials is crucial for community safety and environmental protection. By opening channels for public comments, the PHMSA hopes to create a more informed and transparent regulatory environment, ultimately helping to sustain safety standards and improve transportation practices.

Impact on Specific Stakeholders

The requirements described impact several stakeholder categories, including manufacturers, repairers, and shippers of hazardous materials.

For cargo tank manufacturers and related parties, adhering to the stipulated reporting and recordkeeping regulations ensures compliance with safety standards. While these requirements serve as quality assurance, they may also represent a reporting burden, particularly for smaller operations with fewer resources to dedicate to compliance activities.

Shippers of explosives, particularly those using freight containers and transport vehicles, are tasked with specific certification statements. This requirement intends to guarantee that shipments meet safety standards, crucial for preventing accidents during sea transport. However, the additional paperwork and oversight may increase operational costs for these businesses.

The regulated parties are provided an avenue to influence future regulatory adjustments through public commentary, which could yield changes easing undue burdens or clarifying ambiguous regulations.

In summary, while these information collection activities are rooted in enhancing safety and compliance, the complexity and opaque language require attention to ensure that all stakeholders can comprehend and engage with the regulatory processes effectively. The call for public comments offers an opportunity for stakeholders to voice concerns or support, potentially shaping these regulatory frameworks more favorably.