82_FR_44880 82 FR 44696 - Hazardous Materials: Emergency Waiver No. 1

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)

Page Range44696-44697
FR Document2017-20357

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 Issue 184 (Monday, September 25, 2017) 
[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]


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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.

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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

44696 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices with respect to IPR protection, provisions of the United States- Filers of comments containing enforcement, or market access for Colombia Trade Promotion Agreement business confidential information also persons relying on intellectual property. and Colombia’s implementation of its must submit a public version of their Countries placed on the Priority Watch National Development Plan 2014–2018. comments. The file name of the public List are the focus of increased bilateral version should begin with the character III. Submission Instructions attention concerning the problem areas. ‘‘P’’. The non-business confidential An Out-of-Cycle Review (OCR) is a All submissions must be in English version will be placed in the docket at tool that USTR uses to encourage and sent electronically via www.regulations.gov and be available progress on IPR issues of concern. It www.regulations.gov. To submit for public inspection. provides an opportunity for heightened comments, locate the docket (folder) by As noted, USTR strongly urges engagement with a trading partner to entering the docket number USTR– submitters to file comments through address and remedy such issues. 2017–0019 in the ‘‘Enter Keyword or IP’’ www.regulations.gov. You must make Successful resolution of specific IPR window at the regulations.gov any alternative arrangements in advance issues of concern or lack of action on homepage and click ‘‘Search.’’ The site of the relevant deadline and before such issues can lead to a change in a will provide a search-results page listing transmitting a comment by contacting trading partner’s identification on a all documents associated with this USTR at Special301@ustr.eop.gov. Special 301 list outside of the typical docket. Locate the reference to this We will post comments in the docket period for the annual Special 301 notice by selecting ‘‘Notice’’ under for public inspection, except business Report. USTR may conduct OCRs of ‘‘Document Type’’ on the left side of the confidential information. You can view other trading partners as circumstances search-results page, and click on the comments on the https:// warrant or as requested by the trading link entitled ‘‘Comment Now!’’ You www.regulations.gov Web site by partner. should provide comments in an entering docket number USTR–2017– In the 2017 Special 301 Report, which attached document, and name the file 0019 in the search field on the home you can find on the USTR Web site at according to the following protocol, as page. www.ustr.gov, USTR placed Colombia appropriate: Commenter Name, or on the Watch List and announced that Organization_2017 Special 301 OCR Elizabeth Kendall, it would conduct an OCR of Colombia Colombia. Please include the following Acting Assistant U.S. Trade Representative in order to monitor progress on issues information in the ‘‘Type Comment’’ for Innovation and Intellectual Property, relating to IPR protection and field: ‘‘2017 Out-of-Cycle Review of Office of the United States Trade enforcement. The OCR of Colombia will Columbia.’’ USTR prefers submissions Representative. include a focus on Colombia’s in Microsoft Word (.doc) or Adobe [FR Doc. 2017–20354 Filed 9–22–17; 8:45 am] commitment to the intellectual property Acrobat (.pdf) format. If the submission BILLING CODE 3290–F7–P provisions of the United States- is in another file format, please indicate Colombia Trade Promotion Agreement the name of the software application in and Colombia’s implementation of its the ‘‘Type Comment’’ field. For further National Development Plan. information on using the DEPARTMENT OF TRANSPORTATION www.regulations.gov Web site, please Pipeline and Hazardous Materials II. Public Comments select ‘‘How to Use Regulations.gov’’ on Safety Administration USTR invites written comments the bottom of any page. concerning any act, policy, or practice Please do not attach separate cover [Docket No. PHMSA–2017–0109; Notice No. that is relevant to the decision regarding letters to electronic submissions; rather, 2017–07] whether USTR should identify include any information that might Colombia under Section 182 of the appear in a cover letter in the comments Hazardous Materials: Emergency Trade Act. Submissions may report themselves. Similarly, to the extent Waiver No. 1 positive or negative developments with possible, please include any exhibits, respect to Colombia. USTR requests that annexes, or other attachments in the AGENCY: Pipeline and Hazardous interested parties provide specific same file as the comment itself, rather Materials Safety Administration references to laws, regulations, policy than submitting them as separate files. (PHMSA), DOT. statements, executive, presidential or For any comment submitted ACTION: Notice of emergency waiver other orders, administrative, court or electronically that contains business order. other determinations that should factor confidential information, the file name into the review. USTR also requests that of the business confidential version SUMMARY: The Pipeline and Hazardous submissions include data, loss should begin with the characters ‘‘BC’’. Materials Safety Administration is estimates, and other information Any page containing business issuing an emergency waiver order to regarding the economic impact on the confidential information must be clearly persons conducting operations under United States, U.S. industry, and the marked ‘‘BUSINESS CONFIDENTIAL’’ the direction of Environmental U.S. workforce caused by the denial of on the top of that page and the Protection Agency Region 6 within the adequate and effective intellectual submission should clearly indicate, via Hurricane and Tropical Storm Harvey property protection. For comments that brackets, highlighting, or other means, disaster and emergency areas of Texas include quantitative loss claims, you the specific information that is business and Louisiana. This Waiver Order is effective September 1, 2017, and shall asabaliauskas on DSKBBXCHB2PROD with NOTICES should include the methodology used to confidential. A filer requesting business calculate the estimated losses. confidential treatment must certify that remain in effect for 30 days from the Comments should be as detailed as the information is business confidential date of issuance. possible and should provide all and would not customarily be released FOR FURTHER INFORMATION CONTACT: necessary information for assessing the to the public by the submitter. Adam Horsley, Deputy Assistant Chief effect of the acts, policies, and practices. Additionally, the submitter should type Counsel for Hazardous Materials Safety, In particular, where applicable, ‘‘Business Confidential 2017 Special Pipeline and Hazardous Materials Safety comments should address Colombia’s 301 OCR Colombia’’ in the ‘‘Comment’’ Administration, telephone: (202) 366– commitment to the intellectual property field. 4400. VerDate Sep<11>2014 19:45 Sep 22, 2017 Jkt 241001 PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 E:\FR\FM\25SEN1.SGM 25SEN1

Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices 44697 SUPPLEMENTARY INFORMATION: In radioactive hazardous materials under Agency (EPA) Region 4 (61 Forsyth accordance with the provisions of 49 alternative safety requirements imposed Street SW., Atlanta, GA 30303) or U.S.C. 5103(c), the Acting Administrator by EPA Region 6 when compliance with United States Coast Guard (USCG) 7th for the Pipeline and Hazardous the HMR is not practicable. Under this District (Brickell Plaza Federal Building, Materials Safety Administration Waiver Order, non-radioactive 909 SE 1st Avenue, Miami, FL 33131– (PHMSA), hereby declares that an hazardous materials may be transported 3050) within the Hurricane Irma emergency exists that warrants issuance to staging areas within 50 miles of the emergency area of Georgia. The Waiver of a Waiver of the Hazardous Materials point of origin. Further transportation of is granted to support EPA and USCG in Regulations (HMR, 49 CFR parts 171– the hazardous materials from staging taking appropriate actions to prepare 180) to persons conducting operations areas must in be full compliance with for, respond to, and recover from a under the direction of Environmental the HMR. threat to public health, welfare, or the Protection Agency (EPA) Region 6 (1445 This Waiver Order is effective environment caused by actual or Ross Avenue, Dallas, TX 75202) within September 1, 2017, and shall remain in potential oil and hazardous materials the Hurricane and Tropical Storm effect for 30 days from the date of incidents resulting from Hurricane Irma. Harvey disaster and emergency areas of issuance. On September 8, 2017, the President Texas and Louisiana. The Waiver is issued an Emergency Declaration for Drue Pearce, Hurricane Irma for the counties of granted to support EPA in taking appropriate actions to prepare for, Acting Administrator, Pipeline and Appling, Atkinson, Bacon, Brantley, Hazardous Materials Safety Administration. Bryan, Bulloch, Burke, Camden, respond to, and recover from a threat to public health, welfare, or the [FR Doc. 2017–20357 Filed 9–22–17; 8:45 am] Candler, Charlton, Chatham, Clinch, environment caused by actual or BILLING CODE 4910–60–P Coffee, Echols, Effingham, Emanuel, potential oil and hazardous materials Evans, Glynn, Jenkins, Jeff Davis, incidents resulting from Hurricane and Liberty, Long, McIntosh, Pierce, Tropical Storm Harvey. DEPARTMENT OF TRANSPORTATION Screven, Tattnall, Toombs, Treutlen, On August 25, 2017, the President Wayne, and Ware in Georgia (EM–3387). Pipeline and Hazardous Materials This Waiver Order covers all areas issued a Major Disaster Declaration for Safety Administration identified in the declaration, as Hurricane Harvey for affected counties in Texas (DR–4332); and an Emergency [Docket No. PHMSA–2017–0109; Notice No. amended. Pursuant to 49 U.S.C. 5103(c), Declaration for Tropical Storm Harvey 2017–09] PHMSA has authority delegated by the for affected counties in Louisiana (EM– Secretary (49 CFR 1.97(b)(3)) to waive 3382) on August 28, 2017. This Waiver Hazardous Materials: Emergency compliance with any part of the HMR Order covers all counties identified in Waiver No. 3 provided that the grant of the waiver is: both declarations, as amended. Pursuant AGENCY: Pipeline and Hazardous (1) In the public interest; (2) not to 49 U.S.C. 5103(c), PHMSA has Materials Safety Administration inconsistent with the safety of authority delegated by the Secretary (49 (PHMSA), DOT. transporting hazardous materials; and CFR 1.97(b)(3)) to waive compliance (3) necessary to facilitate the safe ACTION: Notice of emergency waiver with any part of the HMR provided that movement of hazardous materials into, order. the grant of the waiver is: (1) In the from, and within an area of a major public interest; (2) not inconsistent with SUMMARY: The Pipeline and Hazardous disaster or emergency that has been the safety of transporting hazardous Materials Safety Administration is declared under the Robert T. Stafford materials; and (3) necessary to facilitate issuing an emergency waiver order to Disaster Relief and Emergency the safe movement of hazardous persons conducting operations under Assistance Act (42 U.S.C. 5121 et seq.). materials into, from, and within an area the direction of Environmental Given the continuing impacts caused of a major disaster or emergency that Protection Agency Region 4 or United by Hurricane Irma, PHMSA’s Acting has been declared under the Robert T. States Coast Guard 7th District within Administrator has determined that Stafford Disaster Relief and Emergency the Hurricane Irma emergency area of regulatory relief is in the public interest Assistance Act (42 U.S.C. 5121 et seq.). Georgia. This Waiver Order is effective and necessary to ensure the safe Given the continuing impacts caused September 10, 2017, and shall remain in transportation in commerce of by Hurricane and Tropical Storm effect for 30 days from the date of hazardous materials while EPA and Harvey, PHMSA’s Acting Administrator issuance. USCG execute their recovery and has determined that regulatory relief is cleanup efforts in Georgia. Specifically, FOR FURTHER INFORMATION CONTACT: PHMSA’s Acting Administrator finds in the public interest and necessary to ensure the safe transportation in Adam Horsley, Deputy Assistant Chief that issuing this Waiver Order will commerce of hazardous materials while Counsel for Hazardous Materials Safety, allow EPA and USCG to conduct their EPA executes its recovery and cleanup Pipeline and Hazardous Materials Safety emergency support function under the efforts in Texas and Louisiana. Administration, telephone: (202) 366– National Response Framework to safely Specifically, PHMSA’s Acting 4400. remove, transport, and dispose of Administrator finds that issuing this SUPPLEMENTARY INFORMATION: hazardous materials. By execution of Waiver Order will allow EPA to conduct In accordance with the provisions of this Waiver Order, persons conducting its emergency support function under 49 U.S.C. 5103(c), the Acting operations under the direction of EPA asabaliauskas on DSKBBXCHB2PROD with NOTICES the National Response Framework to Administrator for the Pipeline and Region 4 or USCG 7th District within safely remove, transport, and dispose of Hazardous Materials Safety the Hurricane Irma emergency area of hazardous materials. By execution of Administration (PHMSA), hereby Georgia are authorized to offer and this Waiver Order, persons conducting declares that an emergency exists that transport non-radioactive hazardous operations under the direction of EPA warrants issuance of a Waiver of the materials under alternative safety Region 6 within the Hurricane/Tropical Hazardous Materials Regulations (HMR, requirements imposed by EPA Region 4 Storm Harvey disaster and emergency 49 CFR parts 171–180) to persons or USCG 7th District when compliance areas of Texas and Louisiana are conducting operations under the with the HMR is not practicable. Under authorized to offer and transport non- direction of Environmental Protection this Waiver Order, non-radioactive VerDate Sep<11>2014 19:45 Sep 22, 2017 Jkt 241001 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 E:\FR\FM\25SEN1.SGM 25SEN1


Document Created: 2018-10-24 14:43:55
Document Modified: 2018-10-24 14:43:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of emergency waiver order.
ContactAdam Horsley, Deputy Assistant Chief Counsel for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, telephone: (202) 366-4400.
FR Citation82 FR 44696 
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