
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Pages 44699-44700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20356]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2017-0109; Notice No. 2017-08]


Hazardous Materials: Emergency Waiver No. 2

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 Regions 2 or 4 
or United States Coast Guard 7th District within the Hurricane Irma 
emergency and disaster areas of Florida, Puerto Rico, South Carolina, 
and the United States Virgin Islands. This Waiver Order is effective 
September 8, 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.

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 2 (290 
Broadway, New York, NY 10007-1866) or Region 4 (61 Forsyth Street SW., 
Atlanta, GA 30303) or United States Coast Guard (USCG) 7th District 
(Brickell Plaza Federal Building, 909 SE 1st Avenue, Miami, FL 33131-
3050) within the Hurricane Irma emergency and disaster areas of 
Florida, Puerto Rico, South Carolina, and the United States Virgin 
Islands. The Waiver is granted to support 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 Irma.
    On September 5, 2017, the President issued an Emergency Declaration 
for Hurricane Irma for all 67 Florida counties (EM-3385), and all 78 
municipalities in the Commonwealth of Puerto Rico (EM-3384). On 
September 7, 2017, the President issued an Emergency Declaration for 
Hurricane Irma for all 46 South Carolina counties and the Catawba 
Indian Nation (EM-3386), and a Major Disaster Declaration for all of 
the United States Virgin Islands (DR-4335).
    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 Hurricane Irma, 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 and USCG execute their 
recovery and cleanup efforts in Florida, Puerto Rico, South Carolina, 
and the United States Virgin Islands. Specifically, PHMSA's Acting 
Administrator finds that issuing this Waiver Order will allow EPA and 
USCG to conduct their 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 Regions 2 or 4 or USCG 
7th District within the Hurricane Irma emergency and disaster areas of 
Florida, Puerto Rico, South Carolina, and the United States Virgin 
Islands are authorized to offer and transport non-radioactive hazardous 
materials under alternative safety requirements imposed by EPA Regions 
2 or 4 or USCG 7th 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 September 8, 2017, and shall remain 
in

[[Page 44700]]

effect for 30 days from the date of issuance.

Drue Pearce,
Acting Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2017-20356 Filed 9-22-17; 8:45 am]
 BILLING CODE 4910-60-P


