{"operation":"document","citation":"PHMSA Guidance, Hazardous Materials: Safety Device Classification Policy","title":"Hazardous Materials: Safety Device Classification Policy","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-10-13","effective_on":"2022-10-13","summary":"Hazardous Materials: Safety Device Classification Policy Document PHMSA Safety Device Policy FRN - 87 FR 62177 - 10.13.22.pdf (224.11 KB) This Notice details what PHMSA will consider when reviewing an approval request to reclassify a material as a Class 9 safety device. Further, it establishes a policy for classifying subcomponents of existing safety devices as safety devices in their own right. It further states tha","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-hazardous-materials-safety-device-classification-policy-e7798a22.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-hazardous-materials-safety-device-classification-policy-e7798a22.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-hazardous-materials-safety-device-classification-policy-e7798a22","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/hazardous-materials-safety-device-classification-policy","body":"Hazardous Materials: Safety Device Classification Policy\n\nDocument\n\n PHMSA Safety Device Policy FRN - 87 FR 62177 - 10.13.22.pdf (224.11 KB)\n\n        This Notice details what PHMSA will consider when reviewing an approval request to reclassify a material as a Class 9 safety device. Further, it establishes a policy for classifying subcomponents of existing safety devices as safety devices in their own right.  It further states that PHMSA will balance the potential safety benefits to persons in vehicles, vessels or aircraft with the potential danger posed by shipping explosive materials that are not incorporated in a larger component device.   \n\n \n\n          Issued Date: Thursday, October 13, 2022\n\n<<<PAGE 1>>>\n\nFederal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Notices\n62177\nthat operate Rail Fixed Guideway Public\nTransportation Systems in their\njurisdictions to consider signal system\nsafety and train control as part of the\nRTA’s Safety Risk Management (SRM)\nprocess. In addition, FTA recommends\nSSOAs incorporate SA 22–2 into their\noversight activities. FTA SA 22–1 ‘‘Rail\nCar Passenger Door Inspection and\nFunctional Testing’’ and SA 22–2\n‘‘Signal System Safety and Train\nControl’’ are available in their entirety\non the agency’s public website: (https://\nwww.transit.dot.gov/regulations-and-\nguidance/safety/fta-safety-advisories).\nDATES: FTA recommends that SSOAs\ndirect RTAs within their jurisdiction to\nevaluate the sufficiency of rail car\npassenger door inspection and function\ntesting procedures, and to consider\nsignal system safety and train control as\npart of the RTA’s SRM process on an as-\nneeded basis for SA 22–1 and SA 22–\n2 by November 14, 2022. In addition,\nFTA recommends that SSOAs obtain\nany completed risk assessments and any\nassociated risk mitigations from the\nRTAs for SA 22–2 by April 11, 2023.\nFOR FURTHER INFORMATION CONTACT:\nJoseph DeLorenzo, Associate\nAdministrator for Transit Safety and\nOversight and Chief Safety Officer, FTA,\ntelephone (202) 366–1783 or\nJoseph.DeLorenzo@dot.gov.\nAuthority: 49 U.S.C. 5329; 49 CFR\n1.91 and 670.29.\nNuria I. Fernandez,\nAdministrator.\n[FR Doc. 2022–22278 Filed 10–12–22; 8:45 am]\nBILLING CODE 4910–57–P\nDEPARTMENT OF TRANSPORTATION\nFederal Transit Administration\nAnnouncement of Fiscal Year 2022\nLow or No Emission Program and\nGrants for Buses and Bus Facilities\nProgram and Project Selections;\nCorrection\nAGENCY: Federal Transit Administration\n(FTA), U.S. Department of\nTransportation (DOT).\nACTION: Notice; correction.\nSUMMARY: On August 18, 2022, the\nFederal Transit Administration (FTA)\npublished a notice in the Federal\nRegister announcing project selections\nfor the Fiscal Year 2022 Low or No\nEmission (Low-No) Vehicle Program.\nThis notice provides a correction to\neight project descriptions.\nFOR FURTHER INFORMATION CONTACT: For\ngeneral information about this notice\ncontact Amy Volz, Program Manager,\nOffice of Transit Programs, at amy.volz@\ndot.gov, or (202) 366–7484. Please\ncontact the appropriate FTA Regional\nOffice for any specific requests for\ninformation or technical assistance. FTA\nRegional Office contact information is\navailable at: https://\nwww.transit.dot.gov/about/regional-\noffices/regional-offices.\nSUPPLEMENTARY INFORMATION: The\nBipartisan Infrastructure Law, enacted\nas the Infrastructure Investment and\nJobs Act (Pub. L. 117–58), requires that\n25 percent of the funding made\navailable for the Low or No Emission\nProgram each year be awarded to low-\nemission projects. In order to help meet\nthis requirement, FTA selected eight\nprojects which applied for a mixture of\nlow-emission and zero-emission\ncomponents, only funding the low-\nemission components of the project. The\nnotice, published on August 18, 2022,\n87 FR 50916, which included the list of\nselected projects, did not make this\ndistinction in the project descriptions.\nThe following table contains the\ncorrections to the project descriptions\nfound in Table 1 ‘‘FY 2022 Low or No\nEmission Project Selections’’ in the\nprior publication.\nState Recipient Project ID Project description Allocation\nAL ........................... CA .......................... IL ............................ MA .......................... MS .......................... NC .......................... OH .......................... OK .......................... Birmingham-Jefferson County Transit\nAuthority.\nFresno, City of ....................................... Rockford Mass Transit District ............... Massachusetts Department of Transpor-\ntation (MassDOT).\nCity of Jackson ...................................... City of Fayetteville ................................. Stark Area Regional Transit Authority ... Central Oklahoma Transportation and\nParking Authority (COTPA), dba EM-\nBARK.\nD2022–LWNO–003 D2022–LWNO–013 D2022–LWNO–039 D2022–LWNO–049 D2022–LWNO–062 D2022–LWNO–068 D2022–LWNO–077 D2022–LWNO–079 Purchase CNG vehicles and associated\ninfrastructure.\nReplace vehicles with CNG vehicles ..... Replace diesel buses with hybrid elec-\ntric buses.\nReplace diesel buses with propane\nbuses.\nPurchase hybrid electric buses .............. Purchase propane vehicles ................... Purchase CNG vehicles ......................... Replace diesel buses with CNG vehi-\ncles.\n$13,654,636\n17,367,042\n6,328,980\n4,143,750\n8,714,400\n280,500\n2,393,600\n6,745,732\nNuria I. Fernandez,\nAdministrator.\n[FR Doc. 2022–22256 Filed 10–12–22; 8:45 am]\nBILLING CODE 4910–57–P\n(PHMSA), Department of Transportation\n(DOT).\nACTION: Notice; safety device\nclassification policy.\nkhammond on DSKJM1Z7X2PROD with NOTICES\nDEPARTMENT OF TRANSPORTATION\nPipeline and Hazardous Materials\nSafety Administration\n[Docket Number PHMSA–2019–0156 (Notice\nNo. 2022–07)]\nHazardous Materials: Safety Device\nClassification Policy\nAGENCY: Pipeline and Hazardous\nMaterials Safety Administration\nSUMMARY: PHMSA is publishing this\nnotice setting forth and requesting\ncomments from the public and other\ninterested parties regarding its policy on\nclassification of articles containing\nhazardous materials used in vehicles,\nvessels, or aircraft to enhance safety to\npersons. These articles are described as\n‘‘Safety devices, electrically initiated, 9’’\nfor purposes of transportation under the\nU.S. hazardous material regulations.\nDATES: Comments must be received by\nNovember 14, 2022.\nADDRESSES: You may submit comments\nidentified by the docket number\nPHMSA–2019–0156 by any of the\nfollowing methods:\n• Federal e-Rulemaking Portal: http://\nwww.regulations.gov. Follow the online\ninstructions for submitting comments.\n• Fax: (202) 493–2251.\n• Mail: Docket Management System,\nU.S. Department of Transportation,\nDockets Operations, M–30, Ground\nFloor, Room W12–140, 1200 New Jersey\nAvenue SE, Washington, DC 20590.\n• Hand Delivery: U.S. Department of\nTransportation, Docket Operations, M–\nVerDate Sep<11>2014 17:49 Oct 12, 2022 Jkt 259001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\13OCN1.SGM 13OCN1\n\n<<<PAGE 2>>>\n\nkhammond on DSKJM1Z7X2PROD with NOTICES\n62178 Federal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Notices\n30, Ground Floor, Room W12–140 in the\nWest Building, 1200 New Jersey Avenue\nSE, Washington, DC 20590, between 9\na.m. and 5 p.m., Monday through\nFriday, except Federal holidays.\nInstructions: All submissions must\ninclude the agency name and docket\nnumber PHMSA–2019–0156 for this\nnotice at the beginning of the comment.\nNote that all comments received will be\nposted without change to http://\nwww.regulations.gov including any\npersonal information provided. If sent\nby mail, comments must be submitted\nin duplicate. Persons wishing to receive\nconfirmation of receipt of their\ncomments must include a self-addressed\nstamped postcard.\nDocket: For access to the dockets to\nread background documents or\ncomments received, go to http://\nwww.regulations.gov or DOT’s Docket\nOperations Office; see ADDRESSES.\nConfidential Business Information:\nConfidential Business Information (CBI)\nis commercial or financial information\nthat is both customarily and treated as\nprivate by its owner. Under the Freedom\nof Information Act (FOIA; 5 U.S.C. 552),\nCBI is exempt from public disclosure. If\nyour comments responsive to this notice\ncontain commercial or financial\ninformation that is customarily treated\nas private, that you actually treat as\nprivate, and that is relevant or\nresponsive to this notice, it is important\nthat you clearly designate the submitted\ncomments as CBI. Please mark each\npage of your submission containing CBI\nas ‘‘PROPRIETARY.’’ Submissions\ncontaining CBI should be sent to Lad\nFalat, Sciences and Engineering\nDivision, Office of Hazardous Materials\nSafety, (202) 366–1655, PHMSA, East\nBuilding, PHH10, 1200 New Jersey\nAvenue SE, Washington, DC 20590–\n0001. Any commentary that PHMSA\nreceives, which is not specifically\ndesignated as CBI, will be placed in the\npublic docket.\nFOR FURTHER INFORMATION CONTACT: Lad\nFalat, Sciences and Engineering\nDivision, (202) 366–1655, Pipeline and\nHazardous Materials Safety\nAdministration, U.S. Department of\nTransportation, 1200 New Jersey\nAvenue SE, Washington, DC 20590–\n0001.\nSUPPLEMENTARY INFORMATION:\nI. Executive Summary\nPHMSA publishes and seeks\ncomments on this Safety Device\nClassification Policy (Policy). This\nPolicy outlines the parameters for what\nPHMSA will approve as Class 9\n(UN3268) safety devices under 49 CFR\n173.166(b)(1)(iv). Specifically, PHMSA\nwill approve as Class 9 (UN3268) safety\ndevices articles that are complete,\nassembled components used in\ntransportation by vehicle, vessel, or\naircraft and which perform a stand-\nalone mechanical action enhancing\nsafety to persons. As explained below,\nbecause subcomponents of safety\ndevices do not meet the threshold and\nbecause they pose a potential risk when\ntransported, they must continue to be\ntransported under existing regulatory\nauthorities. This notice also provides\nguidance on the types of data and\ndocumentation an applicant can provide\nto support an application to the\nAssociate Administrator for Hazardous\nMaterials Safety for classification of an\narticle as a Class 9 (UN3268) safety\ndevice.\nII. Background\nPHMSA’s Hazardous Materials\nRegulations (HMR; 49 CFR parts 171–\n180) prescribe requirements for the\ntransportation in commerce of safety\ndevices, including labeling, marking,\nand shipping paper requirements. The\nHMR provides that articles containing\nClass 1 (Explosive) materials must seek\nclassification approval from PHMSA\nand adhere to important labeling,\nmarking, and shipping paper\nrequirements. The HMR also establishes\nrequirements for assignment of shipping\ndescriptions that incorporate\ninformation regarding the classification\nof materials as Class 1, Class 9, or\nanother hazard class.\nSection 173.166 of the HMR defines\n‘‘safety devices’’ as ‘‘articles which\ncontain pyrotechnic substances or\nhazardous materials of other classes and\nare used in vehicles, vessels or aircraft\nto enhance safety to persons.’’ That\nsection identifies three types of proven\nsafety devices (specifically, air bag\ninflators, air bag modules, and seat-belt\npretensioners) that, if certified by a\nPHMSA-certified explosives testing\nlaboratory as Class 9 materials, do not\nrequire PHMSA approval for use of the\nshipping description ‘‘UN3268, Safety\ndevices, electrically initiated, 9.’’\nSection 173.166, however, contemplates\nthat certain other articles could be\neligible for approval by the Associate\nAdministrator for Hazardous Materials\nSafety for use of the ‘‘UN3268, Safety\ndevices, electrically initiated, 9’’\nshipping description. Articles\ndetermined by a PHMSA-certified\nexplosives testing laboratory to have\npassed the testing criteria established in\nSpecial Provision 160 and which are\nused in vehicles, vessels, or aircraft to\nenhance the safety of persons, may be\nsubmitted to the Associate\nAdministrator for Hazardous Materials\nSafety for approval as a Class 9\n(UN3268) safety device. Other safety\ndevices, which had been deemed\nineligible for approval as Class 9\nhazardous materials by either the terms\nof § 173.166, or the Associate\nAdministrator for Hazardous Materials\nSafety, may apply for approval to use\nthe shipping description ‘‘UN0503,\nSafety devices, pyrotechnic, 1.4G.’’\nDivision 1.4G explosives are subject to\nenhanced labeling, marking, and\nshipping paper requirements that notify\ntransportation workers, emergency\nresponders, and import controllers of\nthe presence of explosives. In addition,\ndivision 1.4G explosives are not allowed\nfor bulk transportation, or transport by\npassenger rail or passenger aircraft.\nThe above-described § 173.166\nconstruct reflects a 2015 amendment of\nthe HMR 2 to account for a change in the\n19th Edition of the United Nations\nModel Regulations 3 expanding\neligibility for use of the ‘‘UN3268,\nSafety devices, electrically initiated, 9’’\nshipping description to other proven\ntechnologies. Historically, the shipping\ndescription for UN3268 safety devices\nin the UN Model Regulations (‘‘UN3268,\nSafety devices, air bag inflators, air bag\nmodules, or seat-belt pretensioners’’)\nhad been explicitly limited to the\nspecific safety devices identified in\nitalics. The HMR at § 173.166 had\nmirrored that limitation. However, the\n19th Edition of the UN Model\nRegulations deleted the historical\nreference to specific safety devices\nwithin a revised shipping description—\n‘‘UN3268, Safety devices, electrically\ninitiated, 9’’—to accommodate\ntechnological development of new\nsafety devices for vehicles, vessels, and\naircraft. PHMSA subsequently revised\n§ 173.166 in its HM–215M rulemaking\nto incorporate that revised shipping\ndescription within UN Model\nRegulations and introduced the\napproval process by which stakeholders\ncan seek to use the shipping description\n‘‘UN3268, Safety devices, electrically\ninitiated, 9.’’\nSince issuance of HM–215M, PHMSA\nhas received special permit applications\nto classify Class 1 articles, that had been\nclassified through an EX approval as\nDivision 1.4S explosives and which are\nnot used in vehicle, vessel, or aircraft\ntransportation, as Class 9 (UN3268)\nsafety devices. UN3268 is limited by the\n2 ‘‘Final Rule: International Standards\nHarmonization (HM–215M),’’ 80 FR 1075 (Jan. 8,\n2015) (HM–215M).\n3 United Nations Economic Commission for\nEurope, UN Recommendations on the Transport of\nDangerous Goods—Model Regulations, Nineteenth\nrevised edition (2015) (19th Edition of the UN\nModel Regulations).\nVerDate Sep<11>2014 17:49 Oct 12, 2022 Jkt 259001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\13OCN1.SGM 13OCN1\n\n<<<PAGE 3>>>\n\nHMR for use in transportation,\ntherefore, safety-enhancing articles\ncontaining pyrotechnic substances or\nother hazardous materials that are not\nused in a vehicle, vessel, or aircraft,\nsuch as those for table saws, non-\nvehicular mining equipment, and life-\nsaving appliances as described in\n§ 173.219 cannot be considered\n‘‘UN3268, Safety Devices, electrically\ninitiated, 9.’’ PHMSA has also received\ninquiries and requests for\ninterpretations concerning whether\nsubcomponents of vehicle, vessel, or\naircraft safety devices could themselves\nbe eligible for use of the shipping\ndescription ‘‘UN3268, Safety devices,\nelectrically initiated, 9.’’\nIn response to those inquiries about\nimplementation of § 173.166, PHMSA in\nJune 2020 issued a request for\ninformation 4 seeking public input on\nspecific questions and issues relevant to\nthe shipping description ‘‘UN3268,\nSafety devices, electrically initiated, 9.’’\nThese questions sought general\ninformation and data on the scope and\nexpansion of the safety device\napplication under § 173.166, the testing\nrequired for consideration and approval\nas a Class 9 (UN3268) safety device, and\nthe conditions for transport and carriage\naboard aircraft for items classified as\nClass 9 (UN3268) safety devices under\n§ 173.166. PHMSA received 14 total\ncomments from various stakeholders\nincluding safety device manufacturers,\nexplosive testing labs, and trade\nassociations. The input received from\nthese commenters has been considered\nin formulating this Policy.\nPHMSA publishes this Policy set forth\nbelow and seeks comments from the\npublic and interested stakeholders\nthereon.\nIII. Policy on Classification of Articles\nUsed in Vehicles, Vessels, or Aircraft as\nClass 9 (UN3268) Safety Devices\nIn order to provide clarity on what\ntypes of articles PHMSA will consider\nfor shipping description ‘‘UN3268,\nSafety devices, electrically initiated, 9’’\nunder 49 CFR 173.166, PHMSA issues\nthis Policy and guidance. This\ndocument outlines the types of safety\ndevices PHMSA will consider for\napproval as Class 9 (UN3268) safety\ndevices, the process to seek such\napproval, and documentation to support\nsuch an application for approval.\nLimitation to Transportation Sector\nSection 173.166 limits applicability of\nthe shipping description ‘‘UN3268\nSafety devices, electrically initiated, 9’’\nto ‘‘articles which . . . are used in\nvehicles, vessels, or aircraft to enhance\nsafety to persons.’’ The phrase ‘‘used in\nvehicles, vessels, or aircraft’’ limits\neligibility to articles used in\ntransportation by vehicle, vessel, or\naircraft. Therefore, if an article is\nintended to enhance safety to persons,\nbut is not used in a vehicle, vessel, or\naircraft, it cannot be considered an\neligible device under § 173.166 at this\ntime.\nSubcomponents\nPHMSA has received inquiries on\nwhether sub-components of safety\ndevices can themselves be considered\nClass 9 (UN3268) safety devices under\n§ 173.166. Shipping description\n‘‘UN3268, Safety devices, electrically\ninitiated, 9’’ is applicable to air bag\ninflators, air bag modules, seat-belt\npretensioners, and other\npyromechanical devices. Section\n173.166 describes pyromechanical\nsafety devices as ‘‘assembled\ncomponents’’ and elsewhere describes\nsome safety devices as being within\n‘‘completed components.’’ 5 In\ndetermining under § 173.166 if an\narticle (other than air bag inflators, air\nbag modules, or seat-belt pretensioners)\ncan appropriately be described as a\nClass 9 (UN3268) safety device, PHMSA\nwill consider whether a sub-component\nto a safety device will have elevated risk\nover the safety device they will become\na part of, which could be due to greater\nconcentration or total amount of\nexplosive hazard. PHMSA will balance\nthe potential safety benefits to persons\nin vehicles, vessels, or aircraft with the\npotential danger posed by shipping\nexplosive materials that are not\nincorporated in a larger component\ndevice. Many sub-components such as\npyrotechnic micro-gas generators\n(MGGs), that supply a burst of gas but\nwhich itself does not produce a stand-\nalone safety-enhancing mechanical\naction, are not expected to meet these\ncriteria—due to the safety burden they\npose in shipment. To date, PHMSA has\nnot received requests to approve any\nsubcomponents that would enhance\nsafety to persons in vehicles, vessels, or\naircraft sufficient to outweigh the risks\npresented by transporting those\nsubcomponents as Class 9 (UN3268)\nsafety devices in transportation. This\nguidance supersedes PHMSA Letters of\nkhammond on DSKJM1Z7X2PROD with NOTICES\nFederal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Notices\n62179\n4 85 FR 35368 (June 8, 2020).\n5 Section 173.166(d)(1) excepts from the\nrequirements of § 173.166 a safety device classified\nas Class 9 and which is installed in, or is, a\ncompleted component of a vehicle, vessel, aircraft.\nAs for what is considered a ‘‘completed\ncomponent’’ the regulation mentions ‘‘steering\ncolumns or door panels’’ as examples, which\nprovides further evidence of the limitations\nintended in § 173.166.\nInterpretation 18–0035 and 18–0113,\nwhich are hereby withdrawn. PHMSA\nhas not issued any approvals consistent\nwith those Letters of Interpretation.\nGuidance for Applications for Approval\nas Class 9 (UN3268) Safety Devices\nApplicants seeking approval as Class\n9 (UN3268) safety devices other than air\nbag inflators, air bag modules, and seat-\nbelt pretensioners may apply for such\napproval pursuant to § 173.166(b). Any\nsuch articles must be examined and\nsuccessfully tested by a person or\nagency who is authorized to perform\nexamination and testing of explosives\nunder § 173.56(b)(1) and submitted to\nthe Associate Administrator for\nHazardous Materials Safety for approval\nand assigned an EX number (see\n§ 173.166(b)(1)(iv)).\nIn order for PHMSA to assign\nshipping description ‘‘UN3268, Safety\ndevices, electrically initiated, 9’’ to an\narticle, an applicant must provide, as\npart of the approval application,\nsufficient evidence that the article under\nconsideration has been tested, including\nrecords of such tests as outlined in\n§ 173.166(g)(1). Additionally, applicants\nmay provide information that the article\nis used in vehicles, vessels, or aircraft,\nand demonstrated to enhance safety to\npersons. Data on the number of articles\nin use listed by vehicle type and the\nresulting effects on enhancement of\nsafety to persons is important\nsupporting information for an\napplication under § 173.166(b)(1)(iv).\nAdditional supporting documentation\nmay include written statements\nconfirming the use of the subject articles\nto enhance safety to persons by\nmanufacturers or modifiers of vehicles,\nvessels, or aircraft, and statements of\nrecognition from the insurance industry,\nother trade associations, and/or\ngovernment bodies that the subject\narticles are recognized to enhance the\nsafety to persons when used in vehicles,\nvessels, or aircraft. This may include\ndata that demonstrates the devices have\nbeen used in foreign vehicle, vessels, or\naircraft applications to enhance safety to\npersons. Applicants’ claims and\nsupporting documentation will be\nreviewed and verified by the Associate\nAdministrator during the evaluation and\napproval process.\nAn article seeking the shipping\ndescription ‘‘UN3268, Safety devices,\nelectrically initiated, 9,’’ but that has not\nbeen tested and demonstrated to\nenhance safety to persons when used in\nvehicles, vessels, or aircraft, would not\nmeet the Associate Administrator’s\npolicy for shipping description\n‘‘UN3268, Safety devices, electrically\ninitiated, 9.’’ In such a case, if the article\nVerDate Sep<11>2014 17:49 Oct 12, 2022 Jkt 259001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\13OCN1.SGM 13OCN1\n\n<<<PAGE 4>>>\n\n62180 Federal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Notices\nmeets the definition of ‘‘explosive’’,6 the\napplicant must seek approval under\n§ 173.56 to transport the article in\naccordance with the procedures for the\nclassification and approval of a new\nClass 1 explosive. If, after such approval\nis granted, the applicant can\ndemonstrate that the article is used in\nvehicles, vessels, or aircraft to enhance\nsafety to persons, then they may request\nthat PHMSA apply shipping description\n‘‘UN3268, Safety devices, electrically\ninitiated, 9’’ in accordance with the\nprocess described above.\nSigned in Washington, DC, on October 6,\n2022 under authority delegated in 49 CFR\n1.97.\nWilliam S. Schoonover,\nAssociate Administrator for Hazardous\nMaterials Safety, Pipeline and Hazardous\nMaterials Safety Administration.\n[FR Doc. 2022–22200 Filed 10–12–22; 8:45 am]\nBILLING CODE 4910–60–P\nDEPARTMENT OF TRANSPORTATION\nOffice of the Secretary\n[Docket ID Number: DOT–OST–2010–0054]\nNotice of Submission of Proposed\nInformation Collection to OMB; Agency\nRequest for Reinstatement of\nPreviously Approved Collections:\nNondiscrimination on the Basis of\nDisability in Air Travel: Reporting\nRequirements for Disability-Related\nComplaints\nAGENCY: Office of the Secretary (OST),\nDepartment of Transportation\n(Department or DOT).\nACTION: Notice of submission to the\nOffice of Management and Budget\n(OMB) and request for comments.\nSUMMARY: In accordance with the\nPaperwork Reduction Act of 1995, as\namended, the Department is forwarding\nthe Information Collection Request (ICR)\ndescribed below to OMB for review.\nDOT published a Federal Register\nnotice with a 60-day comment period\nsoliciting comments on the following\ncollections of information on May 10,\n2022 (87 FR 28101). DOT received two\ncomments on the 60-day notice which\nare addressed below. DOT considered\nkhammond on DSKJM1Z7X2PROD with NOTICES\n6 As defined in § 173.50 an explosive means any\nsubstance or article, including a device, which is\ndesigned to function by explosion (i.e., an\nextremely rapid release of gas and heat) or which,\nby chemical reaction within itself, is able to\nfunction in a similar manner even if not designed\nto function by explosion, unless the substance or\narticle is otherwise classed under the provisions of\nthe HMR. The term includes a pyrotechnic\nsubstance or article, unless the substance or article\nis otherwise classed under the provisions of the\nHMR.\nthe comments and concluded that it will\nnot make any changes to the\ninformation collections based on the\ncomments before it submits the ICR to\nOMB for review. This notice is to allow\nthe public an additional 30 days from\nthe date of this notice to submit\ncomments to the recently published\napplication to reinstate OMB Control\nNumber: 2105–0551, ‘‘Reporting\nRequirements for Disability-Related\nComplaints.’’\nDATES: Interested persons are invited to\nsubmit comments regarding this\nproposal. Written comments should be\nsubmitted by November 14, 2022.\nADDRESSES: Send comments to the\nOffice of Management and Budget,\nAttention: Desk Officer for the Office of\nthe Secretary of Transportation, 725\n17th Street NW, Washington, DC 20503.\nComments may also be sent via email to\nOMB at the following address: oira\n_\nsubmissions@omb.eop.gov.\nFOR FURTHER INFORMATION CONTACT: John\nWood, Office of Aviation Consumer\nProtection, U.S. Department of\nTransportation, 1200 New Jersey\nAvenue SE, Washington, DC 20590,\nTelephone Number (202) 366–9342\n(voice), (202) 366–7152 (fax),\njohn.wood@dot.gov (email).\nArrangements to receive this document\nin an alternative format may be made by\ncontacting the above-named individual.\nSUPPLEMENTARY INFORMATION:\nOMB Control Number: 2105–0551.\nTitle: Reporting Requirements for\nDisability-Related Complaints.\nType of Request: Reinstatement of\ninformation collections.\nBackground: The Department requires\nU.S. and foreign air carriers operating\nto, from and within the United States\nthat conduct passenger-carrying service\nwith at least one aircraft with a designed\nseating capacity of more than 60\npassengers (large aircraft) to record\ncomplaints that they receive alleging\ninadequate accessibility or\ndiscrimination on the basis of disability.\nThe carriers must also categorize these\ncomplaints according to the type of\ndisability and nature of complaint,\nprepare a summary report annually of\nthe complaints received during the\npreceding calendar year, submit the\nreport to the Department’s Office of\nAviation Consumer Protection, and\nretain copies of correspondence and\nrecords of action taken on the reported\ncomplaints for three years. Carriers are\nalso required to submit their annual\nreport via the World Wide Web except\nif the carrier can demonstrate an undue\nburden by doing so and receives\npermission from the Department to\nsubmit it in an alternative manner. The\nfirst required report of disability-related\ncomplaints was due to the Department\non January 31, 2005, and covered\ndisability-related complaints received\nby carriers during calendar year 2004.\nCarriers have since submitted\nsubsequent reports to the Department by\nthe last Monday in January for the prior\ncalendar year.\nThe Paperwork Reduction Act of 1995\n(PRA) and its implementing regulations,\n5 Code of Federal Regulations (CFR)\npart 1320, require Federal agencies to\nissue two notices seeking public\ncomment on information collection\nactivities before OMB may approve\npaperwork packages. On May 10, 2022,\nDOT published a 60-day notice in the\nFederal Register soliciting comment on\nthe ICRs for which the agency seeks\nOMB approval. See 87 FR 28101. DOT\nreceived two comments after issuing\nthis notice. One of the comments, filed\nby a member of the public, addressed\nmodifications of the DOT air service\ncomplaint form which is covered under\na different OMB control number than is\naddressed by this notice. The other\ncomment, filed by Paralyzed Veterans of\nAmerica (PVA), stated that the\ncollection of information on disability-\nrelated complaints is necessary for the\nproper performance of DOT because\nDOT is responsible for enforcing the\nrequirements of the Air Carrier Access\nAct. PVA noted that the collection of the\ninformation indicates which airlines\nreceive the most complaints and what\ntypes of discrimination are occurring\nduring air travel. PVA stated that\nwithout the collection and reporting of\nthe complaints, airlines may not be held\nresponsible for improper procedures,\ndiscrimination, and unlawful treatment\nof individuals with disabilities. In\naddition, PVA stated that the\ninformation collected by DOT is too\ngeneralized and ambiguous to provide\npassengers with disabilities information\nabout which airlines provide the best\nexperience for passengers with\ndisabilities and appropriately to\ndetermine the issues that such\npassengers experience. PVA also stated\nthat the current burden on airlines to\ncollect and categorize the complaints\ncan be alleviated by adding more\ndescriptive options in their complaint\nforms for passengers to categorize the\ncomplaint. For example, PVA stated that\nairlines could use more specific check\nboxes or indicators for passengers to\nselect and categorize the complaint. In\naddition, PVA stated that many online\ncomplaint forms are difficult for\npassengers to find, resulting in\npassengers calling the airline to file\nVerDate Sep<11>2014 17:49 Oct 12, 2022 Jkt 259001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\13OCN1.SGM 13OCN1","truncated":false,"body_characters":29598}