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)
Pipeline and Hazardous Materials Safety Administration
Federal Register Volume 82, Issue 192 (October 5, 2017)
| Page Range | 46609-46610 | |
| FR Document | 2017-21417 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices 46609
• Code Electric received several bids for Sincerely, the Commonwealth of Puerto Rico (DR–
the fire alarm system from suppliers Heath Hall 4340).
Honeywell, Tyco Simplex Grinnell, and Acting Administrator This Waiver Order covers all areas
Edwards (United Technologies). Although
these suppliers source many fire alarm
cc: Code Electric, Inc. identified in the Declarations. Pursuant
system components from U.S. manufacturers, Brett A. Jortland,
to 49 U.S.C. 5103(c), PHMSA has
none of the suppliers offered a one hundred authority delegated by the Secretary (49
Acting Deputy Chief Counsel.
percent Buy America-compliant system. All CFR 1.97(b)(3)) to waive compliance
fire alarm system suppliers use a mix of [FR Doc. 2017–21441 Filed 10–4–17; 8:45 am] with any part of the HMR provided that
foreign and US-made components; and BILLING CODE 4910–06–P the grant of the waiver is: (1) In the
• The foreign components used by public interest; (2) not inconsistent with
suppliers vary. However, due to
programming, interoperability, and
the safety of transporting hazardous
DEPARTMENT OF TRANSPORTATION materials; and (3) necessary to facilitate
certification issues, the components are not
interchangeable among systems. Therefore, Pipeline and Hazardous Materials the safe movement of hazardous
suppliers cannot swap out components to Safety Administration materials into, from, and within an area
meet Buy America. of a major disaster or emergency that
FRA independently verified these [Docket No. PHMSA–2017–0130; Notice No. has been declared under the Robert T.
assertions with its Monitoring and Technical 2017–11] Stafford Disaster Relief and Emergency
Assistance Contractor (MTAC), TranSystems. Assistance Act (42 U.S.C. 5121 et seq.).
An electrical engineer from FRA’s MTAC Hazardous Materials: Emergency
explained that large international suppliers Given the continuing impacts caused
Waiver No. 5
source or manufacture pieces of the fire by Hurricane Maria, PHMSA’s Acting
alarm system in different countries. Further, AGENCY: Pipeline and Hazardous Administrator has determined that
many portions of the system are addressable Materials Safety Administration regulatory relief is in the public interest
(individually programmable), which means (PHMSA), DOT. and necessary to ensure the safe
the software and hardware must be transportation in commerce of
ACTION: Notice of emergency waiver
compatible and tested. In addition, fire alarm hazardous materials while the Puerto
components and systems are UL® listed. UL® order.
is a third-party, independent company that Rican government executes its recovery
SUMMARY: The Pipeline and Hazardous and cleanup efforts. Specifically,
certifies safety compliance of many systems
and their components, including fire alarm Materials Safety Administration is PHMSA’s Acting Administrator finds
systems. Attempting to swap pieces of a fire issuing an emergency waiver order to that issuing this Waiver Order will
alarm system would jeopardize its UL® persons conducting operations under allow for the safe transportation of fuel.
listing and could cause product warranty and the direction of the Puerto Rico Public By execution of this Waiver Order, the
liability issues. Service Commission within the hazardous materials training, testing,
FRA concludes a waiver is appropriate Hurricane Maria emergency and disaster and certification requirements in 49
under 49 U.S.C. 24405(a)(2)(B) for the areas of Puerto Rico. This Waiver Order
Components because domestically-produced CFR part 172 subpart H and part 177 are
Components are not currently ‘‘produced in
is effective September 28, 2017, and waived except as specified below for
sufficient and reasonably available amounts.’’ shall remain in effect for 7 days from the persons conducting operations under
49 U.S.C. 24405(a)(2)(B). FRA bases this date of issuance. the direction of the Puerto Rico Public
determination on the following: FOR FURTHER INFORMATION CONTACT: Service Commission within the
• For competitively bid, commercial Adam Horsley, Deputy Assistant Chief Hurricane Maria emergency and disaster
products for buildings, such as fire alarm Counsel for Hazardous Materials Safety, areas of Puerto Rico. Such persons are
systems, FRA views receiving no Buy Pipeline and Hazardous Materials Safety authorized to offer and transport fuel
America-compliant bids as presumptive
evidence the conditions exist to grant a non-
Administration, telephone: (202) 366– provided that the following conditions
availability waiver; 4400. are met:
• On October 28, 2016, FRA provided SUPPLEMENTARY INFORMATION: In (1) The transport of the fuel must be
public notice of this waiver request and a 15- accordance with the provisions of 49 accompanied by a law enforcement or
day opportunity for comment on its Web site. U.S.C. 5103(c), the Acting Administrator military escort;
FRA also emailed notice to over 6,000 (2) The escort vehicle must have a
recipients that requested Buy America
for the Pipeline and Hazardous
Materials Safety Administration copy of the Emergency Response
notices through ‘‘GovDelivery.’’ FRA
received one comment. However, the (PHMSA), hereby declares that an Guidebook, Response Guide 128;
commenter did not provide any information emergency exists that warrants issuance (3) Drivers must have three years of
about a domestic source for a fully Buy of a Waiver of the Hazardous Materials professional driving experience and
America-compliant fire alarm system; and Regulations (HMR, 49 CFR parts 171– otherwise be licensed to operate the
• FRA’s MTAC concurred with Code 180) to persons conducting operations vehicle based on its size and weight;
Electric that due to programming, under the direction of the Puerto Rico and
interoperability, and certification issues, (4) Unloading procedures must be
components are not interchangeable among
Public Service Commission (Carr. 8838
Km. 8.3, Sector El Cinco, San Juan, PR overseen by a qualified person as
systems. Therefore, fire alarm system
suppliers cannot swap out components to 00926) within the Hurricane Maria defined in 49 CFR 177. 834(i)(4) or a
meet Buy America. emergency and disaster areas of Puerto driver who has received training (testing
This waiver applies only to this Project for Rico. The Waiver is granted to support and certification is not required) that
these specific components. the government of Puerto Rico in includes, at a minimum, these items:
Under 49 U.S.C. 24405(a)(4), FRA will facilitating the transport of essential (a) Bonding the cargo tank;
ethrower on DSK3G9T082PROD with NOTICES
publish this letter granting the Buy America fuel. (b) Preventing overfilling of tanks at
waiver to the City in the Federal Register and On September 18, 2017, the President point of delivery;
provide notice of such finding and an
issued an Emergency Declaration for (c) Controlling the flow of product;
opportunity for public comment after which
this waiver will become effective. Hurricane Maria for the Commonwealth (d) Using emergency cut-off
Questions about this letter can be directed of Puerto Rico (EM–3391). On equipment; and
to, John Johnson, Attorney-Advisor, at September 20, 2017, the President (e) Securing unloading equipment for
John.Johnson@dot.gov or (202) 493–0078. issued a Major Disaster Declaration for transport.
VerDate Sep<11>2014 19:52 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\05OCN1.SGM 05OCN1](https://thefederalregister.org/doc/82_FR_46801/page/1.svg)
![46610 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices
Additionally, during driver Dated: October 1, 2017. SUMMARY: An open meeting of the
unloading, the unloading area must be Susan Jimerson, Taxpayer Advocacy Panel Special
cleared of all non-essential personnel Acting Director, Taxpayer Advocacy Panel. Projects Committee will be conducted.
for a distance of 100 feet. Compliance [FR Doc. 2017–21478 Filed 10–4–17; 8:45 am] The Taxpayer Advocacy Panel is
with all other requirements of the HMR BILLING CODE 4830–01–P soliciting public comments, ideas, and
is required. suggestions on improving customer
This Waiver Order is effective service at the Internal Revenue Service.
September 28, 2017, and shall remain in DEPARTMENT OF THE TREASURY DATES:The meeting will be held
effect for 7 days from the date of Tuesday, November 14, 2017.
Internal Revenue Service
issuance.
FOR FURTHER INFORMATION CONTACT:
Issued in Washington, DC. Open Meeting of the Taxpayer Matthew O’Sullivan at 1–888–912–1227
Drue Pearce, Advocacy Panel Joint Committee or (510) 907–5274.
Acting Administrator, Pipeline and AGENCY: Internal Revenue Service (IRS),
Hazardous Materials Safety Administration.
SUPPLEMENTARY INFORMATION: Notice is
Treasury. hereby given pursuant to Section
[FR Doc. 2017–21417 Filed 10–4–17; 8:45 am]
ACTION: Notice of meeting. 10(a)(2) of the Federal Advisory
BILLING CODE 4910–60–P
Committee Act, 5 U.S.C. App. (1988)
SUMMARY: An open meeting of the that a meeting of the Taxpayer
Taxpayer Advocacy Panel Joint Advocacy Panel Special Projects
Committee will be conducted. The Committee will be held Tuesday,
DEPARTMENT OF THE TREASURY Taxpayer Advocacy Panel is soliciting November 14, 2017, at 1:00 p.m. Eastern
public comments, ideas, and Time via teleconference. The public is
Internal Revenue Service suggestions on improving customer invited to make oral comments or
service at the Internal Revenue Service.
Open Meeting of the Taxpayer submit written statements for
DATES: The meeting will be held consideration. Due to limited
Advocacy Panel Tax Forms and
Wednesday, November 29, 2017. conference lines, notification of intent
Publications Project Committee
FOR FURTHER INFORMATION CONTACT: to participate must be made with
AGENCY: Internal Revenue Service (IRS), Gretchen Swayzer at 1–888–912–1227 Matthew O’Sullivan. For more
Treasury. or 469–801–0769. information please contact Matthew
SUPPLEMENTARY INFORMATION: Notice is O’Sullivan at 1–888–912–1227 or (510)
ACTION: Notice of meeting. hereby given pursuant to Section 907–5274, or write TAP Office, 1301
10(a)(2) of the Federal Advisory Clay Street, Oakland, CA 94612–5217 or
SUMMARY: An open meeting of the Committee Act, 5 U.S.C. App. (1988) contact us at the Web site: http://
Taxpayer Advocacy Panel Tax Forms that an open meeting of the Taxpayer www.improveirs.org. The agenda will
and Publications Project Committee will Advocacy Panel Joint Committee will be include various IRS issues.
be conducted. The Taxpayer Advocacy held Wednesday, November 29, 2017, at
Panel is soliciting public comments, The agenda will include a discussion
1:00 p.m. Eastern Time via on various special topics with IRS
ideas and suggestions on improving teleconference. The public is invited to
customer service at the Internal Revenue processes.
make oral comments or submit written
Service. statements for consideration. For more Dated: October 1, 2017.
DATES:The meeting will be held information please contact: Gretchen Susan Jimerson,
Tuesday, November 14, 2017. Swayzer at 1–888–912–1227 or 469– Acting Director, Taxpayer Advocacy Panel.
801–0769, TAP Office, 4050 Alpha Rd, [FR Doc. 2017–21483 Filed 10–4–17; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Farmers Branch, TX 75244, or contact BILLING CODE 4830–01–P
Robert Rosalia at 1–888–912–1227 or us at the Web site: http://
(718) 834–2203. www.improveirs.org.
SUPPLEMENTARY INFORMATION: Notice is The agenda will include various DEPARTMENT OF THE TREASURY
hereby given pursuant to section committee issues for submission to the
10(a)(2) of the Federal Advisory IRS and other TAP related topics. Public Internal Revenue Service
Committee Act, 5 U.S.C. App. (1988) input is welcomed.
Open Meeting of the Taxpayer
that an open meeting of the Taxpayer Dated: October 1, 2017. Advocacy Panel Toll-Free Phone Line
Advocacy Panel Tax Forms and Susan Jimerson, Project Committee
Publications Project Committee will be Acting Director, Taxpayer Advocacy Panel.
held Tuesday, November 14, 2017, at [FR Doc. 2017–21479 Filed 10–4–17; 8:45 am] AGENCY: Internal Revenue Service (IRS),
12:00 p.m., Eastern Time via Treasury.
BILLING CODE 4830–01–P
teleconference. The public is invited to
make oral comments or submit written ACTION: Notice of meeting.
statements for consideration. Due to DEPARTMENT OF THE TREASURY
limited conference lines, notification of SUMMARY: An open meeting of the
intent to participate must be made with Taxpayer Advocacy Panel Toll-Free
Internal Revenue Service
Robert Rosalia. For more information Phone Line Project Committee will be
ethrower on DSK3G9T082PROD with NOTICES
please contact Robert Rosalia at 1–888– Open Meeting of the Taxpayer conducted. The Taxpayer Advocacy
912–1227 or (718) 834–2203, or write Advocacy Panel Special Projects Panel is soliciting public comments,
TAP Office, 2 Metrotech Center, 100 Committee ideas, and suggestions on improving
Myrtle Avenue, Brooklyn, NY 11201 or customer service at the Internal Revenue
AGENCY: Internal Revenue Service (IRS), Service.
contact us at the Web site: http:// Treasury.
www.improveirs.org. The agenda will The meeting will be held
DATES:
ACTION: Notice of meeting.
include various IRS issues. Wednesday, November 15, 2017.
VerDate Sep<11>2014 19:52 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\05OCN1.SGM 05OCN1](https://thefederalregister.org/doc/82_FR_46801/page/2.svg)
Document Created: 2017-10-05 00:53:44
Document Modified: 2017-10-05 00:53:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of emergency waiver order. | |
| Contact | Adam Horsley, Deputy Assistant Chief Counsel for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, telephone: (202) 366-4400. | |
| FR Citation | 82 FR 46609 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR