[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Notices]
[Page 47239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20188]



[[Page 47239]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Notice No. 2018-15]


Hazardous Materials: Emergency Waiver No. 6

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 Environmental Protection Agency (EPA) Regions 3 
or 4 or United States Coast Guard (USCG) Fifth or Seventh Districts 
within the Hurricane Florence emergency areas of South Carolina, North 
Carolina, and Virginia. 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 Florence. 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 Environmental Protection Agency (EPA) 
Regions 3 or 4 or United States Coast Guard (USCG) Fifth or Seventh 
Districts within the Hurricane Florence emergency areas of South 
Carolina, North Carolina, and Virginia. 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 Florence.
    On September 10, 2018, the President issued an Emergency 
Declaration for Hurricane Florence for all 46 South Carolina counties 
and the Catawba Indian Nation (EM 3400). On September 10, 2018, the 
President also issued an Emergency Declaration for Hurricane Florence 
for all 100 North Carolina counties and the Eastern Band of Cherokee 
Indians (EM 3401). On September 11, 2018, the President issued an 
Emergency Declaration for Hurricane Florence for the entire 
Commonwealth of Virginia (EM 3403).
    This Waiver Order covers all areas identified in the three 
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 Florence, 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 South Carolina, North Carolina, and Virginia. 
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 Regions 3 or 4 or USCG Fifth or Seventh Districts 
within the Hurricane Florence emergency areas of South Carolina, North 
Carolina, and Virginia are authorized to offer and transport non-
radioactive hazardous materials under alternative safety requirements 
imposed by EPA Regions 3 or 4 or USCG Fifth or Seventh 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 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 September 12, 2018.
Howard R. Elliott,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2018-20188 Filed 9-17-18; 8:45 am]
BILLING CODE 4910-60-P


