[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Pages 44696-44697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20357]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2017-0109; Notice No. 2017-07]
Hazardous Materials: Emergency Waiver No. 1
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 6 within
the Hurricane and Tropical Storm Harvey disaster and emergency areas of
Texas and Louisiana. This Waiver Order is effective September 1, 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.
[[Page 44697]]
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 6 (1445 Ross Avenue, Dallas, TX 75202) within the Hurricane and
Tropical Storm Harvey disaster and emergency areas of Texas and
Louisiana. The Waiver is granted to support EPA 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 and Tropical
Storm Harvey.
On August 25, 2017, the President issued a Major Disaster
Declaration for Hurricane Harvey for affected counties in Texas (DR-
4332); and an Emergency Declaration for Tropical Storm Harvey for
affected counties in Louisiana (EM-3382) on August 28, 2017. This
Waiver Order covers all counties identified in both 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 and Tropical Storm
Harvey, 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 executes
its recovery and cleanup efforts in Texas and Louisiana. Specifically,
PHMSA's Acting Administrator finds that issuing this Waiver Order will
allow EPA to conduct its 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 6 within the
Hurricane/Tropical Storm Harvey disaster and emergency areas of Texas
and Louisiana are authorized to offer and transport non-radioactive
hazardous materials under alternative safety requirements imposed by
EPA Region 6 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 in be full compliance with the HMR.
This Waiver Order is effective September 1, 2017, and shall remain
in effect for 30 days from the date of issuance.
Drue Pearce,
Acting Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2017-20357 Filed 9-22-17; 8:45 am]
BILLING CODE 4910-60-P