82_FR_45547 82 FR 45360 - Hazardous Materials: Emergency Waiver No. 4

82 FR 45360 - Hazardous Materials: Emergency Waiver No. 4

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 82, Issue 187 (September 28, 2017)

Page Range45360-45361
FR Document2017-20766

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 2 or United States Coast Guard 7th District within the Hurricane Maria emergency and disaster areas of Puerto Rico and the United States Virgin Islands. This Waiver Order is effective September 22, 2017, and shall remain in effect for 30 days from the date of issuance.

Federal Register, Volume 82 Issue 187 (Thursday, September 28, 2017) 
[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Notices]
[Pages 45360-45361]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20766]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2017-0122; Notice No. 2017-10]


Hazardous Materials: Emergency Waiver No. 4

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 2 or 
United States Coast Guard 7th District within the Hurricane Maria 
emergency and disaster areas of Puerto Rico and the United States 
Virgin Islands. This Waiver Order is effective September 22, 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 United States Coast 
Guard (USCG) 7th District (Brickell Plaza Federal Building, 909 SE 1st 
Avenue, Miami, FL 33131-3050) within the Hurricane Maria emergency and 
disaster areas of Puerto Rico 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 Maria.
    On September 18, 2017, the President issued an Emergency 
Declarations for Hurricane Maria for the Commonwealth of Puerto Rico 
(EM-3391) and the United States Virgin Islands (EM-3390). On September 
20, 2017, the President issued a Major Disaster Declaration for the 
United States Virgin Islands (DR-4340).
    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 Maria, 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 Puerto Rico 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 Region 2 or USCG 7th District within the Hurricane 
Maria emergency and disaster areas of Puerto Rico and the United States 
Virgin Islands are authorized to offer and transport non-radioactive 
hazardous materials under alternative safety

[[Page 45361]]

requirements imposed by EPA Region 2 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 22, 2017, and shall remain 
in effect for 30 days from the date of issuance.

    Issued in Washington, DC.
Drue Pearce,
Acting Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2017-20766 Filed 9-27-17; 8:45 am]
BILLING CODE 4910-60-P

45360 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices from the AAR Tank Car Committee for tested in accordance with § 180.509 of Protection Agency (EPA) Region 2 (290 a tank car to be used for a commodity the HMR. Rail carriers, users, and FRA Broadway, New York, NY 10007–1866) other than those specified in part 173 use this information to ensure that rail or United States Coast Guard (USCG) and on the certificate of construction. tank cars are properly maintained and 7th District (Brickell Plaza Federal This information is used to ascertain in safe condition for transporting Building, 909 SE 1st Avenue, Miami, FL whether a commodity is suitable for hazardous materials. 33131–3050) within the Hurricane transportation in a tank car. AAR Affected Public: Manufacturers, Maria emergency and disaster areas of approval is also required for an owners, and rail carriers of tank. Puerto Rico and the United States Virgin application for approval of designs, Annual Reporting and Recordkeeping Islands. The Waiver is granted to materials and construction, conversion Burden: support EPA and USCG in taking or alteration of tank car tanks Number of Respondents: 266. appropriate actions to prepare for, constructed to a specification in part Total Annual Responses: 17,685. respond to, and recover from a threat to 179, or an application for construction Total Annual Burden Hours: 2,834. public health, welfare, or the of tank cars to any new specification. Frequency of Collection: Annually. environment caused by actual or This information is used to ensure that potential oil and hazardous materials William S. Schoonover, the design, construction, or incidents resulting from Hurricane Associate Administrator of Hazard Materials modification of a tank car or the Maria. Safety, Pipeline and Hazardous Materials construction of a tank car to a new On September 18, 2017, the President Safety Administration. specification is performed in accordance issued an Emergency Declarations for [FR Doc. 2017–20796 Filed 9–27–17; 8:45 am] with the applicable requirements. Hurricane Maria for the Commonwealth BILLING CODE 4910–60–P (2) Progress Reports: Each owner of a of Puerto Rico (EM–3391) and the tank car that is required to be modified United States Virgin Islands (EM–3390). to meet certain requirements specified On September 20, 2017, the President in § 173.31 must submit a progress DEPARTMENT OF TRANSPORTATION issued a Major Disaster Declaration for report to the Federal Railroad Pipeline and Hazardous Materials the United States Virgin Islands (DR– Administration (FRA). FRA uses this Safety Administration 4340). information to ensure that all affected This Waiver Order covers all areas tank cars are modified before the [Docket No. PHMSA–2017–0122; Notice No. identified in the declarations, as regulatory compliance date. 2017–10] amended. Pursuant to 49 U.S.C. 5103(c), (3) FRA Approvals: An approval is PHMSA has authority delegated by the required from FRA to transport a bulk Hazardous Materials: Emergency Secretary (49 CFR 1.97(b)(3)) to waive packaging (such as a portable tank, IM Waiver No. 4 compliance with any part of the HMR portable tank, intermediate bulk AGENCY: Pipeline and Hazardous provided that the grant of the waiver is: container, cargo tank, or multi-unit tank Materials Safety Administration (1) In the public interest; (2) not car tank) containing a hazardous (PHMSA), DOT. inconsistent with the safety of material in container-on-flat-car or ACTION: Notice of emergency waiver transporting hazardous materials; and trailer-on-flat-car service other than as order. (3) necessary to facilitate the safe authorized by § 174.63. FRA uses this movement of hazardous materials into, information to ensure that the bulk SUMMARY: The Pipeline and Hazardous from, and within an area of a major package is properly secured using an Materials Safety Administration is disaster or emergency that has been adequate restraint system during issuing an emergency waiver order to declared under the Robert T. Stafford transportation. An FRA approval is also persons conducting operations under Disaster Relief and Emergency required for the movement of any tank the direction of Environmental Assistance Act (42 U.S.C. 5121 et seq.). car that does not conform to the Protection Agency Region 2 or United Given the continuing impacts caused applicable requirements in the HMR. States Coast Guard 7th District within by Hurricane Maria, PHMSA’s Acting These latter movements are currently the Hurricane Maria emergency and Administrator has determined that being reported under the information disaster areas of Puerto Rico and the regulatory relief is in the public interest collection for special permit United States Virgin Islands. This and necessary to ensure the safe applications. Waiver Order is effective September 22, transportation in commerce of (4) Manufacturer Reports and 2017, and shall remain in effect for 30 hazardous materials while EPA and Certificate of Construction: These days from the date of issuance. USCG execute their recovery and documents are prepared by tank car cleanup efforts in Puerto Rico and the FOR FURTHER INFORMATION CONTACT: manufacturers and used by owners, United States Virgin Islands. Adam Horsley, Deputy Assistant Chief Specifically, PHMSA’s Acting users, and FRA personnel to verify that Counsel for Hazardous Materials Safety, Administrator finds that issuing this rail tank cars conform to the applicable Pipeline and Hazardous Materials Safety Waiver Order will allow EPA and USCG specification. Administration, telephone: (202) 366– to conduct their emergency support (5) Quality Assurance Program: 4400. function under the National Response Facilities that build, repair, and ensure the structural integrity of tank cars are SUPPLEMENTARY INFORMATION: In Framework to safely remove, transport, required to develop and implement a accordance with the provisions of 49 and dispose of hazardous materials. By quality assurance program. This U.S.C. 5103(c), the Acting Administrator execution of this Waiver Order, persons information is used by the facility and for the Pipeline and Hazardous conducting operations under the DOT compliance personnel to ensure Materials Safety Administration direction of EPA Region 2 or USCG 7th that each tank car is constructed or (PHMSA), hereby declares that an District within the Hurricane Maria repaired in accordance with the emergency exists that warrants issuance emergency and disaster areas of Puerto applicable requirements. of a Waiver of the Hazardous Materials Rico and the United States Virgin (6) Inspection Reports: A written Regulations (HMR, 49 CFR parts 171– Islands are authorized to offer and report must be prepared and retained for 180) to persons conducting operations transport non-radioactive hazardous each tank car that is inspected and under the direction of Environmental materials under alternative safety VerDate Sep<11>2014 18:44 Sep 27, 2017 Jkt 241001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1

Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices 45361 requirements imposed by EPA Region 2 and 5 p.m., Monday through Friday, including former title if a change is or USCG 7th District when compliance except Federal holidays. being made; (2) OMB control number; with the HMR is not practicable. Under Instructions: All submissions must (3) summary of the information this Waiver Order, non-radioactive include the agency name and Docket collection activity; (4) description of hazardous materials may be transported Number (PHMSA–2017–0073) for this affected public; (5) estimate of total to staging areas within 50 miles of the notice at the beginning of the comment. annual reporting and recordkeeping point of origin. Further transportation of To avoid duplication, please use only burden; and (6) frequency of collection. the hazardous materials from staging one of these four methods. All PHMSA will request a 3-year term of areas must be in full compliance with comments received will be posted approval for this information collection the HMR. without change to the Federal Docket activity and will publish a notice in the This Waiver Order is effective Management System (FDMS) and will Federal Register upon OMB’s approval. September 22, 2017, and shall remain in include any personal information PHMSA requests comments on the effect for 30 days from the date of provided. following information collection: issuance. Requests for a copy of an information Title: Hazardous Materials Shipping Issued in Washington, DC. collection should be directed to Steven Papers & Emergency Response Andrews or T. Glenn Foster, Standards Information. Drue Pearce, and Rulemaking Division, (202) 366– OMB Control Number: 2137–0034. Acting Administrator, Pipeline and 8553, Pipeline and Hazardous Materials Summary: This information collection Hazardous Materials Safety Administration. Safety Administration, U.S. Department is for the requirement to provide a [FR Doc. 2017–20766 Filed 9–27–17; 8:45 am] of Transportation, 1200 New Jersey shipping paper and emergency response BILLING CODE 4910–60–P Avenue SE., Washington, DC 20590– information with shipments of 0001. hazardous materials. Shipping papers Docket: For access to the dockets to are a basic communication tool in the DEPARTMENT OF TRANSPORTATION read background documents or transportation of hazardous materials Pipeline and Hazardous Materials comments received, go to http:// and, by definition (see 49 CFR 171.8), Safety Administration www.regulations.gov or DOT’s Docket include a shipping order, bill of lading, Operations Office (see ADDRESSES). manifest, or other shipping document [Docket No. PHMSA–2017–0073 (Notice No. Privacy Act: In accordance with 5 2017–04)] serving a similar purpose and U.S.C. 553(c), DOT solicits comments containing the information required by from the public to better inform its §§ 172.202, 172.203, and 172.204 of the Hazardous Materials: Information rulemaking process. DOT posts these HMR. A shipping paper with emergency Collection Activities comments, without edit, including any response information must accompany AGENCY: Pipeline and Hazardous personal information the commenter most hazardous materials shipments Materials Safety Administration provides, to www.regulations.gov, as and be readily available at all times (PHMSA), DOT. described in the system of records during transportation. ACTION: Notice and request for notice (DOT/ALL–14 FDMS), which can Shipping papers serve as the principal comments. be reviewed at www.dot.gov/privacy. source of information regarding the FOR FURTHER INFORMATION CONTACT: presence of hazardous materials, SUMMARY: In accordance with the Steven Andrews or T. Glenn Foster, identification, quantity, and emergency Paperwork Reduction Act of 1995, Standards and Rulemaking Division, response procedures. They inform on PHMSA invites comments on an (202) 366–8553, Pipeline and Hazardous compliance with other requirements information collection pertaining to Materials Safety Administration, U.S. (i.e., the placement of rail cars hazardous materials transportation for Department of Transportation, 1200 containing different hazardous materials which PHMSA intends to request New Jersey Avenue SE., Washington, in trains); prevent the loading of poisons renewal from the Office of Management DC 20590–0001. with foodstuffs; maintain the separation and Budget. SUPPLEMENTARY INFORMATION: Section of incompatible hazardous materials; DATES: Interested persons are invited to 1320.8 (d), title 5, Code of Federal and limit the amount of radioactive submit comments on or before Regulations (CFR) requires PHMSA to materials that may be transported in a November 27, 2017. provide interested members of the vehicle or aircraft. Shipping papers and ADDRESSES: You may submit comments, public and affected agencies an emergency response information also identified by Docket No. PHMSA–2017– opportunity to comment on information notify transport workers that hazardous 0073 (Notice No. 2017–04), by any of collection and recordkeeping requests. materials are present and serve as a the following methods: This notice identifies an information principal means of identifying • Federal eRulemaking Portal: http:// collection request that PHMSA will be hazardous materials during www.regulations.gov. Follow the submitting to the Office of Management transportation emergencies. Firefighters, instructions for submitting comments. and Budget (OMB) for renewal and police, and other emergency response • Fax: 1–202–493–2251. extension. This information collection is personnel are trained to obtain the DOT • Mail: Docket Management System; contained in 49 CFR 171.6 of the shipping papers and emergency U.S. Department of Transportation, Hazardous Materials Regulations (HMR; response information when responding West Building, Ground Floor, Room 49 CFR parts 171–180). PHMSA has to hazardous materials transportation W12–140, Routing Symbol M–30, 1200 revised burden estimates, where emergencies. New Jersey Avenue SE., Washington, appropriate, to reflect current reporting The availability of accurate DC 20590. levels or adjustments based on changes information concerning hazardous • Hand Delivery: To the Docket in proposed or final rules published materials being transported significantly Management System; Room W12–140 since the information collection was last improves response efforts in these types on the ground floor of the West approved. The following information is of emergencies. Building, 1200 New Jersey Avenue SE., provided for this information collection: Affected Public: Shippers and carriers Washington, DC 20590, between 9 a.m. (1) Title of the information collection, of hazardous materials in commerce. VerDate Sep<11>2014 18:44 Sep 27, 2017 Jkt 241001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1


Document Created: 2017-09-28 01:32:33
Document Modified: 2017-09-28 01:32:33
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 45360 
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