82 FR 44696 - Hazardous Materials: Emergency Waiver No. 1

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 82, Issue 184 (September 25, 2017)

The Pipeline and Hazardous Materials Safety Administration is issuing an emergency waiver order to persons conducting operations under the direction of Environmental Protection Agency Region 6 within the Hurricane and Tropical Storm Harvey disaster and emergency areas of Texas and Louisiana. This Waiver Order is effective September 1, 2017, and shall remain in effect for 30 days from the date of issuance.

[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Pages 44696-44697]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20357]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2017-0109; Notice No. 2017-07]


Hazardous Materials: Emergency Waiver No. 1

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 Region 6 within 
the Hurricane and Tropical Storm Harvey disaster and emergency areas of 
Texas and Louisiana. This Waiver Order is effective September 1, 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.

[[Page 44697]]


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 6 (1445 Ross Avenue, Dallas, TX 75202) within the Hurricane and 
Tropical Storm Harvey disaster and emergency areas of Texas and 
Louisiana. The Waiver is granted to support EPA 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 and Tropical 
Storm Harvey.
    On August 25, 2017, the President issued a Major Disaster 
Declaration for Hurricane Harvey for affected counties in Texas (DR-
4332); and an Emergency Declaration for Tropical Storm Harvey for 
affected counties in Louisiana (EM-3382) on August 28, 2017. This 
Waiver Order covers all counties identified in both 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 and Tropical Storm 
Harvey, 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 executes 
its recovery and cleanup efforts in Texas and Louisiana. Specifically, 
PHMSA's Acting Administrator finds that issuing this Waiver Order will 
allow EPA to conduct its 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 Region 6 within the 
Hurricane/Tropical Storm Harvey disaster and emergency areas of Texas 
and Louisiana are authorized to offer and transport non-radioactive 
hazardous materials under alternative safety requirements imposed by 
EPA Region 6 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 in be full compliance with the HMR.
    This Waiver Order is effective September 1, 2017, and shall remain 
in effect for 30 days from the date of issuance.

Drue Pearce,
Acting Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2017-20357 Filed 9-22-17; 8:45 am]
 BILLING CODE 4910-60-P