[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Pages 44699-44700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20356]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2017-0109; Notice No. 2017-08]
Hazardous Materials: Emergency Waiver No. 2
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of emergency waiver order.
-----------------------------------------------------------------------
SUMMARY: The Pipeline and Hazardous Materials Safety Administration is
issuing an emergency waiver order to persons conducting operations
under the direction of Environmental Protection Agency Regions 2 or 4
or United States Coast Guard 7th District within the Hurricane Irma
emergency and disaster areas of Florida, Puerto Rico, South Carolina,
and the United States Virgin Islands. This Waiver Order is effective
September 8, 2017, and shall remain in effect for 30 days from the date
of issuance.
FOR FURTHER INFORMATION CONTACT: Adam Horsley, Deputy Assistant Chief
Counsel for Hazardous Materials Safety, Pipeline and Hazardous
Materials Safety Administration, telephone: (202) 366-4400.
SUPPLEMENTARY INFORMATION:
In accordance with the provisions of 49 U.S.C. 5103(c), the Acting
Administrator for the Pipeline and Hazardous Materials Safety
Administration (PHMSA), hereby declares that an emergency exists that
warrants issuance of a Waiver of the Hazardous Materials Regulations
(HMR, 49 CFR parts 171-180) to persons conducting operations under the
direction of Environmental Protection Agency (EPA) Region 2 (290
Broadway, New York, NY 10007-1866) or Region 4 (61 Forsyth Street SW.,
Atlanta, GA 30303) or United States Coast Guard (USCG) 7th District
(Brickell Plaza Federal Building, 909 SE 1st Avenue, Miami, FL 33131-
3050) within the Hurricane Irma emergency and disaster areas of
Florida, Puerto Rico, South Carolina, and the United States Virgin
Islands. The Waiver is granted to support EPA and USCG in taking
appropriate actions to prepare for, respond to, and recover from a
threat to public health, welfare, or the environment caused by actual
or potential oil and hazardous materials incidents resulting from
Hurricane Irma.
On September 5, 2017, the President issued an Emergency Declaration
for Hurricane Irma for all 67 Florida counties (EM-3385), and all 78
municipalities in the Commonwealth of Puerto Rico (EM-3384). On
September 7, 2017, the President issued an Emergency Declaration for
Hurricane Irma for all 46 South Carolina counties and the Catawba
Indian Nation (EM-3386), and a Major Disaster Declaration for all of
the United States Virgin Islands (DR-4335).
This Waiver Order covers all areas identified in the declarations,
as amended. Pursuant to 49 U.S.C. 5103(c), PHMSA has authority
delegated by the Secretary (49 CFR 1.97(b)(3)) to waive compliance with
any part of the HMR provided that the grant of the waiver is: (1) In
the public interest; (2) not inconsistent with the safety of
transporting hazardous materials; and (3) necessary to facilitate the
safe movement of hazardous materials into, from, and within an area of
a major disaster or emergency that has been declared under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.).
Given the continuing impacts caused by Hurricane Irma, PHMSA's
Acting Administrator has determined that regulatory relief is in the
public interest and necessary to ensure the safe transportation in
commerce of hazardous materials while EPA and USCG execute their
recovery and cleanup efforts in Florida, Puerto Rico, South Carolina,
and the United States Virgin Islands. Specifically, PHMSA's Acting
Administrator finds that issuing this Waiver Order will allow EPA and
USCG to conduct their emergency support function under the National
Response Framework to safely remove, transport, and dispose of
hazardous materials. By execution of this Waiver Order, persons
conducting operations under the direction of EPA Regions 2 or 4 or USCG
7th District within the Hurricane Irma emergency and disaster areas of
Florida, Puerto Rico, South Carolina, and the United States Virgin
Islands are authorized to offer and transport non-radioactive hazardous
materials under alternative safety requirements imposed by EPA Regions
2 or 4 or USCG 7th District when compliance with the HMR is not
practicable. Under this Waiver Order, non-radioactive hazardous
materials may be transported to staging areas within 50 miles of the
point of origin. Further transportation of the hazardous materials from
staging areas must be in full compliance with the HMR.
This Waiver Order is effective September 8, 2017, and shall remain
in
[[Page 44700]]
effect for 30 days from the date of issuance.
Drue Pearce,
Acting Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2017-20356 Filed 9-22-17; 8:45 am]
BILLING CODE 4910-60-P