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)

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, 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