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The Department of Commerce published its Preliminary
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This document contains proposed regulations concerning
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Notice

Paperless Hazard Communications Pilot Program

A Notice by the Pipeline
and Hazardous Materials Safety Administration on 07/19/2013

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Public
Inspection

Publication Date:

Friday, July
19, 2013

Agencies:

Department
of Transportation

Pipeline
and Hazardous Materials Safety Administration

Dates:

Interested persons are invited to submit comments on or before September
17, 2013.

Comments Close:

09/17/2013

Entry Type:

Notice

Action:

Notice and request for comments.

Document Citation:

78 FR 43263

Page:

43263 -43268 (6 pages)

Agency/Docket Number:

Docket No. PHMSA-2013-0124, Notice No. 13-7

Document Number:

2013-17363

Shorter URL:

https://federalregister.gov/a/2013-17363

Action

Notice And Request For Comments.

Summary

PHMSA invites volunteers for a pilot program to
evaluate the effectiveness of paperless hazard communications systems and
comments on an information collection activity associated with the pilot
program. “Moving Ahead for Progress in the 21st Century Act” (MAP-21) authorizes
PHMSA to conduct a pilot program to evaluate the feasibility and effectiveness
of using paperless hazard communications systems. In accordance with MAP-21, in
conducting the pilot projects, PHMSA may not waive the current shipping paper
requirements. In addition, MAP-21 indicates that PHMSA must consult with
organizations representing fire and other emergency responders, law enforcement,
and regulated entities. Upon completion of the pilot projects, PHMSA must
evaluate the feasibility and effectiveness of paperless hazard communications
systems and make a recommendation to Congress regarding regulatory changes that
would permanently authorize the use of paperless hazard communications systems.
The report is due to Congress by October 1, 2014. The intent of this notice is
to: (1) Describe the current regulatory requirements for shipping papers; (2)
describe authority granted under MAP-21; (3) explain the goal, scope, and intent
of the pilot program; (4) seek volunteers to participate in the pilot projects
and describe criteria for selecting pilot participants from the volunteers; and
(5) seek comment on the request for information to be collected in conducting
the pilot projects and in consulting with organizations representing fire and
other emergency responders, law enforcement, and regulated entities. Information
gathered will enable PHMSA to generate a report to Congress detailing: (1) The
performance of each paperless hazard communications system tested during the
pilot projects; (2) PHMSA's assessment of the safety and security impacts on
stakeholders; (3) the associated costs and benefits; and (4) PHMSA's regulatory
recommendation(s).

Table of Contents Back
to Top

DATES:

ADDRESSES:

FOR
FURTHER INFORMATION CONTACT:

SUPPLEMENTARY
INFORMATION:

1.
History of and Current Regulatory Requirements for Shipping Papers

2.
Authority Granted Under MAP-21

3.
Goal, Scope, and Intent of the Pilot Program and Request for Volunteers To
Participate in the Pilot Projects

4.
Criteria Used for Selecting Pilot Project Participants

Law
Enforcement and Emergency Response Volunteers

Shipper
and Carrier Volunteers

Shipper
and Carrier Participant Questions

5.
Request for Information (Following Selection of Pilot Test Participants)

Shipper
and Carrier Information

Inspection
Simulation Questions

Emergency
Response Simulation Questions

Impact
Analysis Questions

6.
Total Information Collection Burden

DATES: Back
to Top

Interested persons are invited to submit comments on
or before September 17, 2013.

ADDRESSES: Back
to Top

You may submit comments, and statements of interest
to volunteer, identified by the docket number (PHMSA-2013-0124) by any of the
following methods:

Federal eRulemaking Portal: http://www.regulations.gov/. Follow
the online instructions for submitting comments.

FAX: 1-202-493-2251.

Mail: Docket Management System,
U.S. Department of Transportation, Docket Operations, Routing Symbol M-30,
West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

Hand Delivery: Docket
Operations, West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE., Washington, DC 20590, from 9:00 a.m. to 5:00 p.m., Monday through Friday,
except Federal holidays.

Instructions: All submissions
must include the agency name and docket number 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 http://www.regulations.gov/ and will
include any personal information you provide.

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: Anyone is able to
search the electronic form of any written communications and comments received
into any of our dockets by the name of the individual submitting the document
(or signing the document, if submitted on behalf of an association, business,
labor union, etc.). You may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477) or
you may visit http://www.gpo.gov/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf

FOR FURTHER INFORMATION CONTACT: Back
to Top

James O. Simmons, U.S. Department of
Transportation, Engineering and Research Division (PHH-23), Pipeline and
Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., East
Building, 2nd Floor, Washington, DC 20590-0001, Telephone (202) 366-4545.
Requests for a copy of the information collection should be directed to T. Glenn
Foster, U.S. Department of Transportation, Standards and Rulemaking Division
(PHH-12), Pipeline and Hazardous Materials Safety Administration, 1200 New
Jersey Avenue SE., East Building, 2nd Floor, Washington, DC 20590-0001,
Telephone (202) 366-8553.

SUPPLEMENTARY INFORMATION: Back
to Top

Section 1320.8 (d), Title 5, Code of Federal
Regulations (CFR) requires that PHMSA provide interested members of the public
and affected agencies an opportunity to comment on information collection and
recordkeeping requests. This notice identifies an information collection
activity PHMSA is undertaking to evaluate the effectiveness of a paperless
hazard communications pilot program authorized under Title III, Section 33005,
of the Hazardous Materials Transportation Safety Improvement Act of 2012 (H.R.
4348), also referenced as the “Moving Ahead for Progress in the 21st Century
Act” (H.R. 4348, “MAP-21”). This notice also seeks volunteers (shippers,
carriers, law enforcement, and emergency response personnel) who are interested
in participating in the pilot projects. The pilot projects and the information
collection activity identified in this notice have been designed to ensure full
collaboration with modal administrations, law enforcement personnel, fire
services and emergency response providers, and regulated entities (shippers and
carriers who transport hazardous materials by air, highway, rail, and water) to
test the feasibility and then evaluate both the feasibility and effectiveness of
using paperless hazardous materials (e-HM) communications systems (e-systems).
The following sections describe the: (1) Current regulatory requirements for
shipping papers; (2) authority granted under MAP-21; (3) goal, scope, and intent
of the pilot program and request for volunteers to participate in the pilots;
(4) criteria used for selecting pilot participants; and (5) request for
information to be collected in conducting the pilot projects and in consulting
with organizations representing fire and other emergency responders, law
enforcement, and regulated entities.

1. History of and Current Regulatory Requirements for Shipping Papers
Back
to Top

The Hazardous Materials Regulations (HMR; 49
CFR Parts 171-180) require a person who offers hazardous materials for
transportation in commerce to describe the hazardous materials on a shipping
paper in the manner required in 49
CFR Part 172, Subpart C. The shipping paper requirements identify key hazard
communication information (e.g., UN number, proper shipping name, hazard class,
packing group, type and quantity of packaging, and emergency response telephone
number). Unless an exception from the shipping paper requirements is provided in
the regulations, a paper copy of the shipping paper must accompany a hazardous
material during transportation. A shipping paper includes “a shipping order,
bill of lading, manifest or other shipping document serving a similar purpose
and containing the information required by §§ 172.202, 172.203, and 172.204” (49
CFR 171.8, definition of “shipping paper”). A hazardous waste manifest “may
be used as the shipping paper” if it contains all the information required by
Part 172, Subpart C (49
CFR 172.205(h)).

In 1994, Congress amended the Federal hazardous
materials transportation law (Federal hazmat law) to require that, after a
hazardous material “is no longer in transportation,” all offerors and carriers
of a hazardous material must retain the shipping paper “or electronic image thereof for a period of 1 year to be accessible
through their respective principal places of business” (49 U.S.C. 5110(e), added by 103, Title I, § 115, 108 Stat.
1678 (Aug. 26, 1994)). That section also requires that the offeror and carrier
“shall, upon request, make the shipping paper available to a Federal, State, or
local government agency at reasonable times and locations.”

On September 12, 2001, the Research and Special
Programs Administration (the predecessor to PHMSA) issued a notice of proposed
rulemaking (NPRM) to amend the HMR to conform with § 5110(e) (66 FR 47443).
The 2001 NPRM indicated an electronic image includes an image
transmitted by a facsimile (FAX) machine, an image on the screen of a computer,
or an image generated by an optical imaging machine. To facilitate compliance
with, and enforcement of, the hazardous materials shipping paper requirement, in
2002 PHMSA further amended the HMR regarding the retention and information
requirements associated with shipping papers. Amendments included extending the
retention period to 375 days; requiring the copy to include the date that the
shipment is accepted for transportation by the initial carrier; and requiring
that the shipping paper copy or its electronic image be
accessible at or through the principal place of business of each person required
to prepare or maintain it during transportation. Consideration for allowing the
use of electronic communication while hazardous materials are actually in
transportation is the next step in the evolution of hazard communication.

The implementation of e-systems has already begun
and will evolve if industry determines that investing in technology is
economically beneficial for its businesses. Spurred by competitive demands,
just-in-time delivery requirements, and the globalization of supply chains, many
transportation and logistics industries have embraced modern innovations to
communicate. However, the HMR requires the use of a paper copy of the shipping
document. The rationale behind a paper-based system is to convey the necessary
information in a consistent manner that is widely understood and accepted by all
regulated entities, law enforcement, and emergency responders.

2. Authority Granted Under MAP-21 Back
to Top

Section 33005 of MAP-21 provided PHMSA the
authority to conduct paperless hazard communications pilot projects. PHMSA will
conduct the pilot projects to evaluate the feasibility of using e-systems to
convey the same information that is contained on a paper copy of a shipping
document. MAP-21, Section 33005 states that PHMSA: (1) Cannot waive the current
statutory shipping paper requirements, and (2) must consult with organizations
representing fire and other emergency responders, law enforcement, and regulated
entities. In addition, at least one pilot project must take place in a rural
area.

Upon completion of the pilot projects, PHMSA must
prepare a report that provides: (1) A detailed description of the pilot
projects; (2) an evaluation of each pilot project to include an evaluation of
the performance of the e-systems; (3) an assessment of the safety and security
impacts of using e-systems to include the impact on the public, emergency
responders, law enforcement, and on conducting inspections and investigations;
(4) an analysis of the associated benefits and costs of using e-systems for each
mode of transportation; and (5) a recommendation whether e-systems should be
permanently incorporated into the Federal hazmat regulations. The Secretary
shall submit the report to the Committee on Commerce, Science, and
Transportation of the U.S. Senate and to the Committee on Transportation and
Infrastructure of the U.S. House of Representatives by October 2014, two years
after the enactment of the Hazardous Materials Transportation Safety Improvement
Act of 2012.

3. Goal, Scope, and Intent of the Pilot Program and Request for
Volunteers To Participate in the Pilot Projects Back
to Top

Beginning in 2007, PHMSA initiated actions to
implement paperless hazard communications. PHMSA has conducted activities
including: (1) Building a cooperative effort between transportation entities and
regulatory agencies; (2) publishing a notice on the use of electronic data
sharing; (3) conducting stakeholder public meetings to receive feedback on the
use of electronic data sharing to communicate hazardous material shipping
information; (4) collaborating with the Transportation Research Board on a study
on the use of electronic hazardous materials shipping papers; (5) hosting
workshops for stakeholders to communicate outreach findings of paperless
hazardous communications; and (6) publishing e-HM information papers, which
highlight the collective hazardous material transportation community's
priorities, gaps, and concerns for implementing paperless hazard
communications.

PHMSA strongly believes, through its prior efforts
and activities, paperless hazard communication is possible and that this pilot
program will demonstrate the capabilities of e-systems. PHMSA has developed a
strategy for conducting the pilot projects that will enable PHMSA to evaluate
paperless hazard communication systems capabilities from a real-world
perspective.

The goal of the paperless hazard communications
pilot program is to determine if e-systems are a feasible and effective means of
providing hazard communication. In addition, if they are feasible and effective,
PHMSA will use the information it gathers to assess the level of safety and
security, as well as the associated benefits and costs, of e-systems as compared
to the current hazardous materials shipping paper requirements. It is PHMSA's
intent that any pilot project (test) conducted under the authority granted by
MAP-21 will study the performance, safety and security impacts, and the
associated benefits and costs of using e-systems for hazardous materials
shipments, without disrupting the normal flow of commerce. During the pilot
projects, emergency response providers and law enforcement officials will
continue to perform their duties and respective roles according to existing
emergency and inspection requirements, procedures, and policies. The emergency
responders and law enforcement officials may continue to rely on the written
shipping paper, even if companies are operating under a pilot project.

MAP-21 indicates that PHMSA must consider both the
feasibility and the effectiveness of paperless hazard communications. Under this
pilot program, PHMSA will be collaborating with regulated entities, law
enforcement personnel, emergency response providers, and modal administrations
to evaluate the feasibility and effectiveness of allowing e-HM communication for
hazardous materials shipments. The pilot projects will focus on the use of
e-systems:

While shipping hazardous materials from point of
origin to final destination using different transportation conveyances (i.e.,
trucks, railcars, maritime vessels, and airplanes), and

During inspections and emergency response
simulations.

PHMSA is seeking shippers, carriers, law
enforcement personnel, and emergency responders that may be interested in
volunteering to participate in the pilot projects. In response to a web posted
announcement entitled, “Defining the HM ACCESS Pilot Test,” 64 entities
expressed interest in participating. Some of these entities may satisfy the
pilot project and MAP-21 qualification criteria and possess the capability and
capacity to aid in testing a variety of scenarios. PHMSA strongly encourages the
64 entities that previously expressed interest in participating in the pilot
projects to respond to this notice and provide the information identified within
this notice. To ensure that we have the broadest range of participation in the
pilot projects, PHMSA encourages other interested entities who have not
previously expressed an interest in participating to volunteer. PHMSA will
evaluate all volunteers (the previous 64 and those who respond to this notice)
according to the criteria and qualifications identified in the following section
and will select participants that satisfy the pilot test qualification
requirements, meet the criteria specified in MAP-21, and are best able to aid in
testing a variety of scenarios. Shippers, carriers, law enforcement, and
emergency responders interested in participating in the pilot projects should
provide statements of interest to the addresses identified in this notice. The
statement of interest should include information describing the organization,
point(s) of contact (name, title, address, phone, and email),
self-identification of stakeholder type (shipper, carrier, law enforcement, or
emergency responder), location, and capabilities. It should be noted, however,
that responding to this notice does not guarantee selection for participation in
the pilot projects.

4. Criteria Used for Selecting Pilot Project Participants Back
to Top

PHMSA intends that any pilot conducted under the
authority granted by MAP-21 will study the performance, safety and security
impacts, and associated benefits and costs of using e-systems for hazardous
materials shipments, without disrupting the normal flow of commerce. Further,
hardcopy shipping documents will still be required to accompany each shipment
during the pilot projects, in accordance with the HMR.

PHMSA will conduct pilot tests in three, and
potentially four, regions of the U.S.: The Northeast, Southeast, Northwest, and
Southwest, with at least one pilot test conducted in a rural area within one or
more of the regions, as prescribed by MAP-21. PHMSA will focus the pilot tests
in geographical regions possessing high concentrations of hazardous materials
registrants and presenting historically high numbers of hazardous material
incidents resulting in deaths and injuries.

Law Enforcement and Emergency Response Volunteers

Desired law enforcement and emergency responder
pilot test participants are those that operate within the regions of the pilot
tests and are willing to assist in the collection of information during the
tests, as described later in this document.

Shipper and Carrier Volunteers

Desired shipper and carrier pilot test participants
are those who offer hazardous materials for transportation and/or transport hazardous
materials by a variety of modes and interact with other intermodal carriers for
hazardous materials transfers. It is not PHMSA's intention to test vendors of
electronic communication technologies or products. To volunteer and be selected
as a volunteer, interested shipper and carrier participants will need to ship
and/or transport hazardous materials within areas of high concentrations of
hazardous materials registrants and hazardous materials incidents. In addition
to the regions and modal criteria, potential participants must, at a minimum,
satisfy the following requirements:

Possess e-system(s) capable of managing and
communicating the hazardous materials shipping paper information at their own
expense,

Possess their own equipment and personnel and/or
contractor resources necessary to transport hazardous materials shipments,

Be willing to allow, and participate in,
inspections and emergency response simulations during the pilot tests,

Be willing to provide feedback on experiences
regarding e-HM communication during the pilot tests, including providing
actual e-HM communications data from the pilot tests,

Be willing to provide information on the basic
function and capabilities of their e-system(s),

Be willing to provide information on
administrative, business, training, equipment, and operational-related
benefits and costs associated with implementing e-system(s),

Transport hazardous materials within the
targeted test regions of the U.S., and

Be in good standing with all levels of
government and demonstrate compliance with all applicable regulations
governing the safe and secure transportation of hazardous materials.

As part of PHMSA's participant evaluation and
selection process, each shipper and carrier submitting a statement of interest
will need to answer a list of on-line participant questions to verify its
qualifications and capabilities. These questions will help PHMSA select those
shipper and carrier participants that are best positioned to aid in testing a
variety of test scenarios and criteria as specified in MAP-21. PHMSA anticipates
the burden on shipper and carrier volunteers will be low and will involve the
use of on-line questions (no more than 35 questions) with answers to most
questions designed to be “yes,” “no,” or multiple choice.

Shipper and Carrier Participant Questions

PHMSA will publish a 30-day Notice in response to
comments received to this 60-day Notice; the 30-day Notice will provide the
shipper and carrier questions for those shippers and carriers who express an
interest in volunteering in the pilot tests. PHMSA will use these questions to
collect the following types of information from each shipper and carrier
volunteer:

Organization's name and general information.

Hazardous material transport role (shipper,
carrier, or both).

Geographic area of business.

Understanding of and ability to satisfy pilot
test requirements and data needs.

Technology of e-system(s).

Capability of e-system(s) (scalability,
accessibility, etc.).

Equipment and process for transmitting data.

Format of electronic data exchange.

Class(es) of HM being shipped.

Type of shipments(s) (less than truck load,
bulk, etc.).

Shipment route information (origin, destination,
etc.).

Mode(s) of transport associated with
shipment(s).

PHMSA does not anticipate that completing the
participant questions will impose a significant burden on shipper and carrier
respondents. PHMSA estimates no more than 80 regulated entities (including those
that have already replied to the web announcement and the additional volunteers
that may reply to this Notice) will be asked to answer a list of shipper and
carrier participant questions. PHMSA estimates it will take each respondent
approximately 30 minutes to answer the list of participant questions. The
resulting estimated total burden is 40 hours (80 respondents × 0.5 hour per
respondent = 40 hours) for the shipper and carrier participant question data
collection.

5. Request for Information (Following Selection of Pilot Test
Participants) Back
to Top

PHMSA is seeking to collect: (1) Information and
data as part of the pilot tests to support evaluation; and (2) data and
information outside of the pilot tests for analyzing potential impacts (safety,
security, benefits, and costs) of using e-systems.

PHMSA understands that this information collection
effort may impose a burden on respondents. The information obtained will:

Assist the agency in improving safety, hazard
communication products, and/or hazard communication materials, and in
potentially reducing current burden hours for completing shipping papers;

Be provided strictly on a voluntary basis; and

Be collected primarily utilizing on-line
questions with answers to most questions designed to be “yes,” “no,” or
multiple choice.

Volunteer modal inspectors and emergency responders
will be responsible for conducting inspection and emergency response simulations
and the majority of the data collection during the pilot tests. This approach
limits the information burden on regulated entities, while minimizing
information bias. Modal inspectors (typically law enforcement) will test the
feasibility and effectiveness of e-systems by performing simulated modal
inspections of regulated entities (shippers and carriers) participating in the
pilot tests utilizing e-HM shipping papers. The inspectors will conduct each
simulation following their established inspection protocols using their own
existing equipment and resources. The only difference during the simulations
will be that the shipping paper information will be communicated electronically.
Following each inspection simulation, the participating inspector will answer a
list of on-line questions related to the simulation and submit to PHMSA a copy
of the e-HM shipping paper received. Emergency responders will follow a similar
process to test the feasibility and effectiveness of e-systems during a
simulated incident response involving HM shipments using electronic shipping
papers. PHMSA will use the answers to the on-line questions and the e-HM
shipping papers provided by the inspectors and emergency responders to evaluate
the feasibility and effectiveness of the e-system involved.

PHMSA plans to administer the questions on-line q,
with a maximum of 50 questions, and with answers to most questions designed to
be “yes,” “no,” or multiple choice. The following sections summarize the types
of information that will be requested as part of the pilot program.

Shipper and Carrier Information

Shippers and carriers will not be required to
answer the list of on-line inspection and emergency response simulation
questions described in the next section as part the pilot project. However,
PHMSA does anticipate that the information provided by inspectors and emergency
responders in conducting the simulations may necessitate follow-up discussions
with the shippers and/or carriers involved. Limited information may need to be
collected from shippers and carriers as a result of these follow-up discussions,
potentially including copies of e-HM shipping papers.

PHMSA does not anticipate that follow-up
discussions with shippers and carriers and the associated information collection
will impose a significant burden on respondents. PHMSA anticipates a total of 30
shippers and carriers (assuming 10 respondents for each of three test regions)
and a burden of no more than four hours per shipper and carrier for the entirety
of the test period. The resulting estimated total burden is 120 hours (30
respondents × 4.0 hour per respondent = 120 hours) for follow-up discussions and
associated information collection with shippers and carriers.

Inspection Simulation Questions

For each hazardous materials inspection simulation,
inspectors (law enforcement and/or Federal and state modal inspectors) involved
in the simulation will answer a list of online inspection simulation questions
and provide an electronic copy of the hazardous materials shipping paper they
received during the simulation. Analysis of the e-HM shipping papers for
required hazard communication information will enable PHMSA to verify the
integrity of the data transfer. PHMSA will provide the list of inspection
simulation questions with the 30-day Notice PHMSA will publish in response to
comments received to this 60-day Notice. The inspection simulation questions
will be designed to collect the following types of information:

Organization's name and general information.

Mode of transport inspected during simulation.

Information about the organization's
e-system(s).

Activity triggering data transfer.

Process and equipment used for data receipt and
transmission.

Hazardous materials data received from carrier
or shipper.

Hazardous materials data transmitted (to home
office, other entity, etc.).

Electronic data exchange format used.

Actual time for data receipt (and transmission,
if applicable).

Human involvement.

“Readability” of data.

Electronic connectivity.

Impacts to stakeholders (regulated entities, law
enforcement, emergency responders, and the public).

Impediments to using e-systems.

Actual and potential benefits realized by
stakeholders (regulated entities, law enforcement, emergency responders, and
the public).

PHMSA does not anticipate that answering the list
of inspection simulation questions will impose a significant burden on
inspectors. PHMSA anticipates no more than 240 inspection simulations will be
conducted (encompassing all pilot tests, all participants, and each test region
throughout the entirety of the test period), resulting in a total of 240
respondents. PHMSA estimates it will take each inspector approximately 60
minutes to answer the list of inspection simulation questions and to submit a
copy of the e-HM shipping paper to PHMSA. The resulting estimated total burden
is 240 hours (240 respondents × 1.0 hour per respondent = 240 hours) for the
inspection simulation question data collection.

Emergency Response Simulation Questions

For each hazardous materials emergency response
simulation, emergency response providers and/or investigators involved in the
simulation will answer a list of online emergency response simulation questions
and provide an electronic copy of the hazardous materials shipping paper as
received during the simulation. Analysis of the e-HM shipping papers for
required hazard communication information will enable PHMSA to verify the
integrity of the data transfer. PHMSA will provide the list of emergency
response simulation questions with the 30-day Notice PHMSA will publish in
response to comments received to this 60-day Notice. The emergency response
simulation questions will be designed to collect the following types of
information:

Organization's name and general information.

Mode of transport involved in the emergency
response simulation.

Information about the emergency response
organization's e-system(s).

Activity triggering data transfer.

Process and equipment used for data receipt and
transmission.

Hazardous materials data received from carrier
or shipper.

Hazardous materials data transmitted (to first
responders, etc.).

Electronic data exchange format used.

Actual time for data receipt (and transmission,
if applicable).

Human involvement.

“Readability” of data.

Electronic connectivity.

Impacts to stakeholders (regulated entities, law
enforcement, emergency responders, and the public).

Impediments to using e-systems.

Actual and potential benefits realized by
stakeholders (regulated entities, law enforcement, emergency responders, and
the public).

PHMSA does not anticipate that answering the list
of emergency response simulation questions will impose a significant burden on
investigators and emergency responders. PHMSA anticipates no more than 12
emergency response simulations will be conducted, resulting in a total of no
more than 24 respondents (12 emergency response providers and 12 investigators).
PHMSA estimates it will take each respondent approximately 60 minutes to answer
the list of emergency response simulation questions and to submit a copy of the
electronic shipping paper to PHMSA. The resulting estimated total burden is 24
hours (24 respondents × 1.0 hour per respondent = 24 hours) for the emergency
response simulation question data collection.

Impact Analysis Questions

PHMSA is seeking to collect information and data
from shippers, carriers, law enforcement, and emergency responders to aid in the
assessment of potential impacts associated with using e-systems for each mode of
transportation, as required under MAP-21. Potential impacts to be assessed
include benefits, costs, safety, and security impacts on the public, emergency
responders, and law enforcement. Similar to the pilot test simulation questions,
PHMSA is planning to develop a list of impact analysis questions to be
administered on-line, with a maximum of 75 questions, with answers to most
questions designed to be “yes,” “no,” or multiple choice. PHMSA anticipates the
list of impact analysis questions will not be limited to pilot test participants
but will be available to all hazardous materials stakeholders to voluntarily
answer. PHMSA will post the list of online impact analysis questions to the
HM-ACCESS public Web site and distribute to industry via the HM-ACCESS email
serve list. PHMSA will provide the list of impact analysis questions with the
30-day Notice PHMSA will publish in response to comments received to this 60-day
Notice. The following list summarizes the types of information PHMSA plans to
request as part of the impact analysis questions:

Costs for required technology, including
up-front capital costs for equipment and ongoing costs for operations and
maintenance (including telecommunications, any third-party service providers,
maintenance of equipment, etc.).

Costs for training personnel.

Costs for conducting outreach/education to
customers on the new approach.

Changes in administrative costs and time
requirements for:

Generating e-HM shipping papers (vs. current
hardcopy approach), including data entry.

Filing, storing, and retrieving hardcopy
shipping papers.

Coordinating between shipper and carrier and
between different carriers/modes in the supply chain (e.g., any changes in the
paperwork that is created when a shipment goes from rail to truck).

Impacts on operations (e.g. transport times,
vehicle utilization, employee productivity, etc.).

Any associated changes to other business
processes (e.g., switching from paper to electronic invoices) and their
costs/impacts.

Changes in error rates for shipping papers.

Information on the administrative, business,
training, equipment, and operational-related costs and benefits associated
with implementing e-system(s).

Insurance and risk management issues/cost
impacts.

Any associated information that must be
included to communicate hazard information.

Limitation of e-system capability to
communicate information and identifying the redundancy if failure exists.

Information concerning the release of
commercially-sensitive information.

Unintentional release of information from
unauthorized access.

PHMSA does not anticipate that answering the list
of impact analysis questions will impose a significant burden on respondents
(shippers, carriers, law enforcement, and emergency responders). PHMSA estimates
no more than 200 respondents will complete the impact analysis questions, and
that it will take each respondent approximately 90 minutes to answer the
questions. The resulting estimated total burden is 300 hours (200 respondents ×
1.5 hours per respondent = 300 hours) for the impact analysis question data
collection.

The information previously described is intended
to ensure that evaluation and feasibility reports focus on results and include
quantitative data on the recommendation and possible implementation of e-systems
into the Federal hazardous materials transportation safety program. This
information and data will enable PHMSA to more accurately assess the safety and
security impacts of using e-systems and to analyze the associated benefits and
cost of using the e-systems.

6. Total Information Collection Burden Back
to Top

The total information collection burden for the
Paperless Hazard Communication Pilot Program is as follows:

Participant Questions:

80 respondents × 0.5 hr.

=

40 hours

Shipper and Carrier Information:

30 respondents × 4.0 hr.

=

120 hours

Inspection Questions:

240 respondents × 1.0 hr.

=

240 hours

Emergency Response Questions:

24 respondents × 1.0 hr.

=

24 hours

Impact Analysis Questions:

200 respondents × 1.5 hr.

=

300 hours

Total Information Collection Burden:

574 respondents

724 hours

Title: Paperless Hazard
Communications Pilot Program.

Type of Request: Request for
Comments to Information Collection Burden for Paperless Hazard Communications
Pilot Program.

Abstract: PHMSA is submitting an
information collection to OMB in support of a paperless hazard communications
pilot program under Title III, Section 33005 of the Hazardous Materials
Transportation Safety Improvement Act of 2012 (MAP-21).

Affected Public: Carriers,
Shippers, Emergency Response Providers, and Law Enforcement Personnel

Estimated Number of Respondents:
574.

Estimated Number of Responses:
574.

Estimated Annual Burden Hours:
724.

Estimated Annual Burden
Costs:$24,300.

Frequency of collection: Single
occasion.

Issued in Washington, DC, on July 16, 2013.

Magdy El-Sibaie,

Associate Administrator for Hazardous Materials Safety.

[FR Doc. 2013-17363 Filed
7-18-13; 8:45 am]

BILLING CODE
4910-60-P

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