82 FR 46609 - Hazardous Materials: Emergency Waiver No. 5

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 82, Issue 192 (October 5, 2017)

The Pipeline and Hazardous Materials Safety Administration is issuing an emergency waiver order to persons conducting operations under the direction of the Puerto Rico Public Service Commission within the Hurricane Maria emergency and disaster areas of Puerto Rico. This Waiver Order is effective September 28, 2017, and shall remain in effect for 7 days from the date of issuance.

[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46609-46610]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21417]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2017-0130; Notice No. 2017-11]


Hazardous Materials: Emergency Waiver No. 5

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 the Puerto Rico Public Service Commission within 
the Hurricane Maria emergency and disaster areas of Puerto Rico. This 
Waiver Order is effective September 28, 2017, and shall remain in 
effect for 7 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 the Puerto Rico Public Service 
Commission (Carr. 8838 Km. 8.3, Sector El Cinco, San Juan, PR 00926) 
within the Hurricane Maria emergency and disaster areas of Puerto Rico. 
The Waiver is granted to support the government of Puerto Rico in 
facilitating the transport of essential fuel.
    On September 18, 2017, the President issued an Emergency 
Declaration for Hurricane Maria for the Commonwealth of Puerto Rico 
(EM-3391). On September 20, 2017, the President issued a Major Disaster 
Declaration for the Commonwealth of Puerto Rico (DR-4340).
    This Waiver Order covers all areas identified in the Declarations. 
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 the Puerto Rican government 
executes its recovery and cleanup efforts. Specifically, PHMSA's Acting 
Administrator finds that issuing this Waiver Order will allow for the 
safe transportation of fuel. By execution of this Waiver Order, the 
hazardous materials training, testing, and certification requirements 
in 49 CFR part 172 subpart H and part 177 are waived except as 
specified below for persons conducting operations under the direction 
of the Puerto Rico Public Service Commission within the Hurricane Maria 
emergency and disaster areas of Puerto Rico. Such persons are 
authorized to offer and transport fuel provided that the following 
conditions are met:
    (1) The transport of the fuel must be accompanied by a law 
enforcement or military escort;
    (2) The escort vehicle must have a copy of the Emergency Response 
Guidebook, Response Guide 128;
    (3) Drivers must have three years of professional driving 
experience and otherwise be licensed to operate the vehicle based on 
its size and weight; and
    (4) Unloading procedures must be overseen by a qualified person as 
defined in 49 CFR 177. 834(i)(4) or a driver who has received training 
(testing and certification is not required) that includes, at a 
minimum, these items:
    (a) Bonding the cargo tank;
    (b) Preventing overfilling of tanks at point of delivery;
    (c) Controlling the flow of product;
    (d) Using emergency cut-off equipment; and
    (e) Securing unloading equipment for transport.

[[Page 46610]]

    Additionally, during driver unloading, the unloading area must be 
cleared of all non-essential personnel for a distance of 100 feet. 
Compliance with all other requirements of the HMR is required.
    This Waiver Order is effective September 28, 2017, and shall remain 
in effect for 7 days from the date of issuance.

    Issued in Washington, DC.
Drue Pearce,
Acting Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2017-21417 Filed 10-4-17; 8:45 am]
 BILLING CODE 4910-60-P