[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Pages 52300-52301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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


