82_FR_44881 82 FR 44697 - Hazardous Materials: Emergency Waiver No. 3

82 FR 44697 - Hazardous Materials: Emergency Waiver No. 3

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

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

Page Range44697-44698
FR Document2017-20355

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 4 or United States Coast Guard 7th District within the Hurricane Irma emergency area of Georgia. This Waiver Order is effective September 10, 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 44697-44698]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20355]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2017-0109; Notice No. 2017-09]


Hazardous Materials: Emergency Waiver No. 3

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 4 or 
United States Coast Guard 7th District within the Hurricane Irma 
emergency area of Georgia. This Waiver Order is effective September 10, 
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 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 area of Georgia. 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 8, 2017, the President issued an Emergency Declaration 
for Hurricane Irma for the counties of Appling, Atkinson, Bacon, 
Brantley, Bryan, Bulloch, Burke, Camden, Candler, Charlton, Chatham, 
Clinch, Coffee, Echols, Effingham, Emanuel, Evans, Glynn, Jenkins, Jeff 
Davis, Liberty, Long, McIntosh, Pierce, Screven, Tattnall, Toombs, 
Treutlen, Wayne, and Ware in Georgia (EM-3387).
    This Waiver Order covers all areas identified in the declaration, 
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 Georgia. 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 Region 4 or USCG 7th 
District within the Hurricane Irma emergency area of Georgia are 
authorized to offer and transport non-radioactive hazardous materials 
under alternative safety requirements imposed by EPA Region 4 or USCG 
7th District when compliance with the HMR is not practicable. Under 
this Waiver Order, non-radioactive

[[Page 44698]]

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 10, 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. 2017-20355 Filed 9-22-17; 8:45 am]
 BILLING CODE 4910-60-P



                                                                              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
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                                                    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


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                                                    44698                     Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices

                                                    hazardous materials may be transported                  docket number PHMSA–2016–0128                         between 9:00 a.m. and 5:00 p.m.,
                                                    to staging areas within 50 miles of the                 within 30 days following the meeting.                 Monday through Friday, except Federal
                                                    point of origin. Further transportation of                                                                    holidays.
                                                                                                            Public Participation
                                                    the hazardous materials from staging                                                                            If you wish to receive confirmation of
                                                    areas must be in full compliance with                      This meeting will be open to the                   receipt of your written comments,
                                                    the HMR.                                                public. Members of the public who wish                please include a self-addressed,
                                                       This Waiver Order is effective                       to attend in person are asked to register             stamped postcard with the following
                                                    September 10, 2017, and shall remain in                 at: https://primis.phmsa.dot.gov/                     statement: ‘‘Comments on PHMSA–
                                                    effect for 30 days from the date of                     meetings/MtgHome.mtg?mtg=126 to                       2016–0128.’’ The Docket Clerk will date
                                                    issuance.                                               facilitate entry and guarantee seating.               stamp the postcard prior to returning it
                                                                                                            Members of the public who attend in                   to you via the U.S. mail.
                                                    Drue Pearce,                                            person will also be provided an
                                                    Acting Administrator, Pipeline and                      opportunity to make a statement during                Privacy Act Statement
                                                    Hazardous Materials Safety Administration.              the meeting.                                            DOT may solicit comments from the
                                                    [FR Doc. 2017–20355 Filed 9–22–17; 8:45 am]                Services for Individuals with                      public regarding certain general notices.
                                                    BILLING CODE 4910–60–P                                  Disabilities: The public meeting will be              DOT posts these comments, without
                                                                                                            physically accessible to people with                  edit, including any personal information
                                                                                                            disabilities. Individuals requiring                   the commenter provides, to
                                                    DEPARTMENT OF TRANSPORTATION                            accommodations, such as sign language                 www.regulations.gov, as described in
                                                                                                            interpretation or other ancillary aids, are           the system of records notice (DOT/ALL–
                                                    Pipeline and Hazardous Materials                        asked to notify Cheryl Whetsel at                     14 FDMS), which can be reviewed at
                                                    Safety Administration                                   cheryl.whetsel@dot.gov.                               www.dot.gov/privacy.
                                                                                                               Written comments: Written comments                 FOR FURTHER INFORMATION CONTACT: For
                                                    [Docket No. PHMSA–2016–0128]                            on the meeting may be submitted to the                information about the meeting, contact
                                                                                                            docket in the following ways:                         Cheryl Whetsel by phone at 202–366–
                                                    Pipeline Safety: Meeting of the                            E-Gov Web site: http://
                                                    Voluntary Information-Sharing System                                                                          4431 or by email at cheryl.whetsel@
                                                                                                            www.regulations.gov. This site allows
                                                    Working Group                                                                                                 dot.gov.
                                                                                                            the public to enter comments on any
                                                                                                            Federal Register notice issued by any                 SUPPLEMENTARY INFORMATION:
                                                    AGENCY: Pipeline and Hazardous
                                                    Materials Safety Administration                         agency.                                               I. Background
                                                    (PHMSA), DOT.                                              Fax: 1–202–493–2251.
                                                                                                               Mail: Docket Management Facility;                     The VIS Working Group is a recently
                                                    ACTION: Notice.                                         U.S. Department of Transportation                     created advisory committee established
                                                                                                            (DOT), 1200 New Jersey Avenue SE.,                    in accordance with Section 10 of the
                                                    SUMMARY:   This notice announces a
                                                                                                            West Building, Room W12–140,                          Protecting our Infrastructure of
                                                    public meeting of the Voluntary
                                                                                                            Washington, DC 20590–0001.                            Pipelines and Enhancing Safety Act of
                                                    Information-Sharing System (VIS)
                                                                                                               Hand Delivery: Room W12–140 on the                 2016 (Pub. L. 114–183), the Federal
                                                    Working Group. The VIS Working
                                                                                                            ground level of the DOT West Building,                Advisory Committee Act of 1972 (5
                                                    Group will convene to continue the
                                                                                                            1200 New Jersey Avenue SE.,                           U.S.C., App. 2, as amended), and 41
                                                    discussion on the need for, and the
                                                                                                            Washington, DC, between 9:00 a.m. and                 CFR 102–3.50(a). On December 15,
                                                    identification of, a voluntary
                                                                                                            5:00 p.m., Monday through Friday,                     2016, the Secretary of Transportation
                                                    information-sharing system.
                                                                                                            except on Federal holidays.                           (the Secretary) appointed 24 members to
                                                    DATES: The VIS Working Group will                          Instructions: Identify the docket                  the committee. The first committee
                                                    meet on November 29, 2017, from 8:30                    number PHMSA–2016–0128 at the                         meeting convened on December 19,
                                                    a.m. to 5:00 p.m. and on November 30,                   beginning of your comments. Note that                 2016, to conduct committee and staff
                                                    2017, from 8:30 a.m. to 5:00 p.m., ET.                  all comments received will be posted                  introductions, review the mandate
                                                    Members of the public who wish to                       without change to www.regulations.gov,                requirements, review the committee
                                                    attend in person are asked to register no               including any personal information                    charter and bylaws, introduce the
                                                    later than November 19, 2017.                           provided. You should know that anyone                 concept of voluntary information-
                                                    Individuals requiring accommodations,                   is able to search the electronic form of              sharing, and discuss plans for future
                                                    such as sign language interpretation or                 all comments received into any of our                 meetings. The last committee meeting
                                                    other ancillary aids, are asked to notify               dockets by the name of the individual                 was on June 29–30, 2017, to discuss
                                                    the working group by November 22,                       submitting the comment (or signing the                existing integrity management
                                                    2017. For additional information see the                comment, if submitted on behalf of an                 regulations, assessment types and tools,
                                                    ADDRESSES section.                                      association, business, labor union, etc.).            geographic information system pipeline
                                                    ADDRESSES: The meeting will be held at                  Therefore, you may want to review                     data, operator implementation, and the
                                                    the Hilton Arlington, 950 North Stafford                DOT’s complete Privacy Act Statement                  potential need for short-term
                                                    Street, Arlington, Virginia 22203. The                  in the Federal Register published on                  subcommittees.
                                                    meeting agenda and any additional                       April 11, 2000, (65 FR 19477) or view
                                                    information will be published on the                                                                          II. Meeting Details and Agenda
                                                                                                            the Privacy Notice at
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                                                    following VIS Working Group and                         www.regulations.gov before submitting                   The VIS Working Group agenda will
                                                    registration page at: https://                          any such comments.                                    include briefings on topics such as the
                                                    primis.phmsa.dot.gov/meetings/                             Docket: For access to the docket or to             mission and objective of the VIS effort,
                                                    MtgHome.mtg?mtg=126.                                    read background documents or                          best practices, examples of existing
                                                       The meeting will not be web cast;                    comments, go to http://                               information-sharing systems, safety
                                                    however, any documents presented will                   www.regulations.gov at any time or to                 management systems, and the
                                                    be available on the meeting Web site                    Room W12–140 on the ground level of                   establishment of subcommittees. As part
                                                    and posted on the E-Gov Web site:                       the DOT West Building, 1200 New                       of its work, the committee will
                                                    http://www.regulations.gov under                        Jersey Avenue SE., Washington, DC,                    ultimately provide recommendations to


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Document Created: 2018-10-24 14:43:40
Document Modified: 2018-10-24 14:43:40
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 44697 

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