83 FR 52300 - Hazardous Materials: Emergency Waiver No. 7

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 83, Issue 200 (October 16, 2018)

Page Range		52300-52301
FR Document		2018-22423

PHMSA is issuing an emergency waiver order to persons conducting operations under the direction of Environmental Protection Agency (EPA) Region 4 or United States Coast Guard (USCG) Seventh or Eighth Districts within the Hurricane Michael emergency area of Florida. The Waiver is granted to support the 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 Michael. This Waiver Order is effective immediately and shall remain in effect for 30 days from the date of issuance.

Federal Register, Volume 83 Issue 200 (Tuesday, October 16, 2018)

[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Pages 52300-52301]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22423]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2018-0100; Notice No. 2018-17]


Hazardous Materials: Emergency Waiver No. 7

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice of emergency waiver order.

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SUMMARY: PHMSA is issuing an emergency waiver order to persons 
conducting operations under the direction of Environmental Protection 
Agency (EPA) Region 4 or United States Coast Guard (USCG) Seventh or 
Eighth Districts within the Hurricane Michael emergency area of 
Florida. The Waiver is granted to support the 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 Michael. This Waiver Order is effective immediately 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 Administrator for 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 EPA Region 4 or USCG Seventh or 
Eighth Districts within the Hurricane Michael emergency area of 
Florida. The Waiver is granted to support the 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 Michael.
    On October 9, 2018, the President issued an Emergency Declaration 
for Hurricane Michael for 35 Florida counties (EM 3405). 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 Michael, PHMSA's 
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 EPA and USCG execute their recovery and 
cleanup efforts in Florida. Specifically, PHMSA's Administrator finds 
that issuing this Waiver Order will allow the EPA and USCG to conduct 
their Emergency Support Function #10 response activities 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 
Seventh or Eighth Districts within the Hurricane Michael emergency 
areas of Florida are authorized to offer and transport non-radioactive 
hazardous materials under alternative safety requirements imposed by 
EPA Region 4 or USCG Seventh or Eighth Districts 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

[[Page 52301]]

areas must be in full compliance with the HMR.
    This Waiver Order is effective immediately and shall remain in 
effect for 30 days from the date of issuance.

    Issued in Washington, DC, on October 10, 2018.
Howard R. Elliott,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2018-22423 Filed 10-15-18; 8:45 am]
 BILLING CODE 4910-60-P

52300 Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices

and efficient management (49 U.S.C. Norfolk & Western Railway—Trackage of a Waiver of the Hazardous Materials
10101(9)). Further, an exemption from Rights—Burlington Northern, Inc., 354 Regulations (HMR, 49 CFR parts 171–
the application process would expedite I.C.C. 605 (1978), as modified in 180) to persons conducting operations
regulatory action (49 U.S.C. 10101(2)). Mendocino Coast Railway—Lease & under the direction of EPA Region 4 or
Other aspects of the rail transportation Operate—California Western Railroad, USCG Seventh or Eighth Districts
policy would not be adversely affected. 360 I.C.C. 653 (1980). within the Hurricane Michael
Regulation of the proposed 2. Notice of the exemption will be emergency area of Florida. The Waiver
transaction is also not necessary to published in the Federal Register on is granted to support the EPA and USCG
protect shippers from the abuse of October 16, 2018. in taking appropriate actions to prepare
market power.3 Nothing in the record 3. The exemption will become for, respond to, and recover from a
indicates that any shipper would lose an effective on October 31, 2018. threat to public health, welfare, or the
existing rail service option as a result of 4. Petitions to stay, petitions for environment caused by actual or
the proposed lease transaction. reconsideration, and petitions to reopen potential oil and hazardous materials
According to BNSF, the lease will not must be filed by October 24, 2018. incidents resulting from Hurricane
affect the routings available to Decided: October 10, 2018. Michael.
customers on the Line or customers By the Board, Board Members Begeman On October 9, 2018, the President
whose traffic is routed over the Line. and Miller. issued an Emergency Declaration for
The record indicates that the transaction Aretha Laws-Byrum, Hurricane Michael for 35 Florida
would not result in any material change counties (EM 3405). This Waiver Order
Clearance Clerk.
in UP’s or BNSF’s operations or covers all areas identified in the
[FR Doc. 2018–22463 Filed 10–15–18; 8:45 am]
commercial access to customers and declaration, as amended. Pursuant to 49
that no customers would experience any BILLING CODE 4915–01–P
U.S.C. 5103(c), PHMSA has authority
degradation of, or competitive change delegated by the Secretary (49 CFR
in, rail service. Indeed, the lease 1.97(b)(3)) to waive compliance with
transaction should benefit shippers by DEPARTMENT OF TRANSPORTATION
any part of the HMR provided that the
allowing BNSF and UP to move traffic grant of the waiver is: (1) In the public
more efficiently following improved Pipeline and Hazardous Materials
Safety Administration interest; (2) not inconsistent with the
maintenance. Moreover, no shippers or safety of transporting hazardous
other parties have filed any objections to [Docket No. PHMSA–2018–0100; Notice No. materials; and (3) necessary to facilitate
the proposed transaction. 2018–17]
the safe movement of hazardous
Under 49 U.S.C. 10502(g), the Board
Hazardous Materials: Emergency materials into, from, and within an area
may not use its exemption authority to
relieve a carrier of its statutory Waiver No. 7 of a major disaster or emergency that
obligation to protect the interests of has been declared under the Robert T.
AGENCY: Pipeline and Hazardous Stafford Disaster Relief and Emergency
employees. Accordingly, as a condition
Materials Safety Administration Assistance Act (42 U.S.C. 5121 et seq.).
to granting this exemption, the Board
(PHMSA), DOT. Given the continuing impacts caused
will impose the standard employee
ACTION: Notice of emergency waiver by Hurricane Michael, PHMSA’s
protective conditions in Norfolk &
Western Railway—Trackage Rights— order. Administrator has determined that
Burlington Northern, Inc., 354 I.C.C. 605 regulatory relief is in the public interest
SUMMARY: PHMSA is issuing an and necessary to ensure the safe
(1978), as modified in Mendocino Coast emergency waiver order to persons
Railway—Lease & Operate—California transportation in commerce of
conducting operations under the hazardous materials while the EPA and
Western Railroad, 360 I.C.C. 653 (1980). direction of Environmental Protection
The proposed lease is exempt from USCG execute their recovery and
Agency (EPA) Region 4 or United States cleanup efforts in Florida. Specifically,
both the environmental reporting Coast Guard (USCG) Seventh or Eighth
requirements under 49 CFR 1105.6(c) PHMSA’s Administrator finds that
Districts within the Hurricane Michael issuing this Waiver Order will allow the
and the historic reporting requirements emergency area of Florida. The Waiver
under 49 CFR 1105.8(b). EPA and USCG to conduct their
is granted to support the EPA and USCG Emergency Support Function #10
As noted above, BNSF seeks an
in taking appropriate actions to prepare response activities under the National
expedited effective date so that it can
for, respond to, and recover from a Response Framework to safely remove,
commence maintenance improvements
threat to public health, welfare, or the transport, and dispose of hazardous
as soon as possible to avoid
environment caused by actual or materials. By execution of this Waiver
complications from winter weather
potential oil and hazardous materials Order, persons conducting operations
conditions. For that reason, the
incidents resulting from Hurricane under the direction of EPA Region 4 or
exemption will be effective October 31,
Michael. This Waiver Order is effective USCG Seventh or Eighth Districts
2018, and petitions to stay, petitions for
immediately and shall remain in effect within the Hurricane Michael
reconsideration, and petitions to reopen
for 30 days from the date of issuance. emergency areas of Florida are
will be due by October 24, 2018.
It is ordered: FOR FURTHER INFORMATION CONTACT: authorized to offer and transport non-
1. Under 49 U.S.C. 10502, the Board Adam Horsley, Deputy Assistant Chief radioactive hazardous materials under
exempts from the prior approval Counsel for Hazardous Materials Safety, alternative safety requirements imposed
requirements of 49 U.S.C. 11323–25 Pipeline and Hazardous Materials Safety by EPA Region 4 or USCG Seventh or
amozie on DSK3GDR082PROD with NOTICES1

BNSF’s lease of the Line, subject to the Administration, telephone: (202) 366– Eighth Districts when compliance with
employee protective conditions in 4400. the HMR is not practicable. Under this
SUPPLEMENTARY INFORMATION: In Waiver Order, non-radioactive
3 Because the Board concludes that regulation is
accordance with the provisions of 49 hazardous materials may be transported
not needed to protect shippers from the abuse of
market power, it is unnecessary to determine
U.S.C. 5103(c), the Administrator for to staging areas within 50 miles of the
whether the transaction is limited in scope. See 49 PHMSA, hereby declares that an point of origin. Further transportation of
U.S.C. 10502(a). emergency exists that warrants issuance the hazardous materials from staging

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Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Notices 52301

areas must be in full compliance with for, respond to, and recover from a materials. By execution of this Waiver
the HMR. threat to public health, welfare, or the Order, persons conducting operations
This Waiver Order is effective environment caused by actual or under the direction of EPA Region 4 or
immediately and shall remain in effect potential oil and hazardous materials USCG Seventh or Eighth Districts
for 30 days from the date of issuance. incidents resulting from Hurricane within the Hurricane Michael
Issued in Washington, DC, on October 10, Michael. emergency area of Georgia are
2018. On October 10, 2018, the President authorized to offer and transport non-
Howard R. Elliott,
issued an Emergency Declaration for radioactive hazardous materials under
Hurricane Michael for Georgia for the alternative safety requirements imposed
Administrator, Pipeline and Hazardous
Materials Safety Administration.
counties of Appling, Atkinson, Bacon, by EPA Region 4 or USCG Seventh or
Baker, Baldwin, Ben Hill, Berrien, Bibb, Eighth Districts when compliance with
[FR Doc. 2018–22423 Filed 10–15–18; 8:45 am]
Bleckley, Brantley, Brooks, Bryan, the HMR is not practicable. Under this
BILLING CODE 4910–60–P
Bulloch, Burke, Butts, Calhoun, Waiver Order, non-radioactive
Camden, Candler, Charlton, Chatham, hazardous materials may be transported
Chattahoochee, Clarke, Clay, Clinch, to staging areas within 50 miles of the
DEPARTMENT OF TRANSPORTATION
Coffee, Colquitt, Columbia, Cook, point of origin. Further transportation of
Pipeline and Hazardous Materials Crawford, Crisp, Decatur, Dodge, Dooly, the hazardous materials from staging
Safety Administration Dougherty, Early, Echols, Effingham, areas must be in full compliance with
Elbert, Emanuel, Evans, Glascock, the HMR.
[Docket No. PHMSA–2018–0100; Notice No. Glynn, Grady, Greene, Hancock,
2018–18]
This Waiver Order is effective
Houston, Irwin, Jasper, Jeff Davis, immediately and shall remain in effect
Jefferson, Jenkins, Johnson, Jones, for 30 days from the date of issuance.
Hazardous Materials: Emergency
Lamar, Lanier, Laurens, Lee, Liberty,
Waiver No. 8 Issued in Washington, DC, on October 11,
Lincoln, Long, Lowndes, Macon,
2018.
AGENCY: Pipeline and Hazardous Marion, McDuffie, McIntosh, Miller,
Mitchell, Monroe, Montgomery, Howard R. Elliott,
Materials Safety Administration
(PHMSA), DOT. Morgan, Muscogee, Oconee, Oglethorpe, Administrator, Pipeline and Hazardous
Peach, Pierce, Pulaski, Putnam, Materials Safety Administration.
ACTION: Notice of emergency waiver
Quitman, Randolph, Richmond, Schley, [FR Doc. 2018–22496 Filed 10–15–18; 8:45 am]
order.
Screven, Seminole, Stewart, Sumter, BILLING CODE 4910–60–P
SUMMARY: PHMSA is issuing an Talbot, Taliaferro, Tattnall, Taylor,
emergency waiver order to persons Telfair, Terrell, Thomas, Tift, Toombs,
conducting operations under the Treutlen, Turner, Twiggs, Upson, Ware, DEPARTMENT OF THE TREASURY
direction of Environmental Protection Warren, Washington, Wayne, Webster,
Agency (EPA) Region 4 or United States Wheeler, Wilcox, Wilkes, Wilkinson, Internal Revenue Service
Coast Guard (USCG) Seventh or Eighth and Worth (EM–3406).
Districts within the Hurricane Michael This Waiver Order covers all areas Proposed Extension of Information
emergency area of Georgia. The Waiver identified in the declaration, as Collection Request Submitted for
is granted to support the EPA and USCG amended. Pursuant to 49 U.S.C. 5103(c), Public Comment; Section 6708 Failure
in taking appropriate actions to prepare PHMSA has authority delegated by the To Maintain List of Advisees With
for, respond to, and recover from a Secretary (49 CFR 1.97(b)(3)) to waive Respect to Reportable Transactions
threat to public health, welfare, or the compliance with any part of the HMR AGENCY: Internal Revenue Service (IRS),
environment caused by actual or provided that the grant of the waiver is: Treasury.
potential oil and hazardous materials (1) In the public interest; (2) not
inconsistent with the safety of ACTION: Notice and request for
incidents resulting from Hurricane comments.
Michael. This Waiver Order is effective transporting hazardous materials; and
immediately and shall remain in effect (3) necessary to facilitate the safe SUMMARY: The Internal Revenue Service,
for 30 days from the date of issuance. movement of hazardous materials into, as part of its continuing effort to reduce
from, and within an area of a major paperwork and respondent burden,
FOR FURTHER INFORMATION CONTACT:
disaster or emergency that has been invites the public and other Federal
Adam Horsley, Deputy Assistant Chief
declared under the Robert T. Stafford agencies to take this opportunity to
Counsel for Hazardous Materials Safety,
Disaster Relief and Emergency
Pipeline and Hazardous Materials Safety comment on proposed and/or
Assistance Act (42 U.S.C. 5121 et seq.).
Administration, telephone: (202) 366– continuing information collections, as
Given the continuing impacts caused
4400. by Hurricane Michael, PHMSA’s required by the Paperwork Reduction
SUPPLEMENTARY INFORMATION: In Administrator has determined that Act of 1995. Currently, the IRS is
accordance with the provisions of 49 regulatory relief is in the public interest soliciting comments concerning
U.S.C. 5103(c), the Administrator for and necessary to ensure the safe guidance under section 6708, failure to
PHMSA, hereby declares that an transportation in commerce of maintain list of advisees with respect to
emergency exists that warrants issuance hazardous materials while the EPA and reportable transactions.
of a Waiver of the Hazardous Materials USCG execute their recovery and DATES: Written comments should be
Regulations (HMR, 49 CFR parts 171– cleanup efforts in Georgia. Specifically, received on or before December 17, 2018
amozie on DSK3GDR082PROD with NOTICES1

180) to persons conducting operations PHMSA’s Administrator finds that to be assured of consideration.
under the direction of EPA Region 4 or issuing this Waiver Order will allow the ADDRESSES: Direct all written comments
USCG Seventh or Eighth Districts EPA and USCG to conduct their to Carolyn Brown, Internal Revenue
within the Hurricane Michael Emergency Support Function #10 Service, Room 6236, 1111 Constitution
emergency area of Georgia. The Waiver response activities under the National Avenue NW, Washington, DC 20224.
is granted to support the EPA and USCG Response Framework to safely remove, Requests for additional information or
in taking appropriate actions to prepare transport, and dispose of hazardous copies of the regulations should be

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Document Created: 2018-10-15 23:42:24
Document Modified: 2018-10-15 23:42:24

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		83 FR 52300

83 FR 52300 - Hazardous Materials: Emergency Waiver No. 7

DEPARTMENT OF TRANSPORTATIONPipeline and Hazardous Materials Safety Administration

Federal Register Volume 83, Issue 200 (October 16, 2018)

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration