83 FR 58320 - Hazardous Materials: Emergency Waiver No. 9

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 83, Issue 223 (November 19, 2018)

PHMSA is issuing an emergency waiver order to persons conducting operations under the direction of Environmental Protection Agency (EPA) Region 9 or United States Coast Guard (USCG) Fourteenth District within the Super Typhoon Yutu emergency area of the Northern Mariana Islands. 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 Super Typhoon Yutu. This Waiver Order is effective immediately and shall remain in effect for 30 days from the date of issuance.

[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Pages 58320-58321]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25111]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2018-0100; Notice No. 2018-20]


Hazardous Materials: Emergency Waiver No. 9

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 9 or United States Coast Guard (USCG) Fourteenth 
District within the Super Typhoon Yutu emergency area of the Northern 
Mariana Islands. 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 Super 
Typhoon Yutu. 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 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 EPA Region 9 or USCG Fourteenth 
District within the Super Typhoon Yutu emergency area of the Northern 
Mariana Islands. 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 Super 
Typhoon Yutu.
    On October 23, 2018, the President issued an Emergency Declaration 
for Super Typhoon Yutu for the Northern Mariana Islands for the 
municipalities of the Northern Islands, Rota, Saipan, and Tinian (EM-
3408). The President declared a major disaster in the Northern Mariana 
Islands on October 26, 2018 (DR-4404).
    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 Super Typhoon Yutu, 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 the Northern Mariana Islands. 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

[[Page 58321]]

conducting operations under the direction of EPA Region 9 or USCG 
Fourteenth District within the Super Typhoon Yutu emergency area of the 
Northern Mariana Islands are authorized to offer and transport non-
radioactive hazardous materials under alternative safety requirements 
imposed by EPA Region 9 or USCG Fourteenth 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 immediately and shall remain in 
effect for 30 days from the date of issuance.

    Issued in Washington, DC, on November 13, 2018.
Howard R. Elliott,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2018-25111 Filed 11-16-18; 8:45 am]
BILLING CODE 4910-60-P