[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Pages 58319-58320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25112]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2018-0100; Notice No. 2018-21]


Hazardous Materials: Emergency Waiver No. 10

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) Eleventh 
District within the California Wildfire emergency area. 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 the California Wildfires. 
This Waiver Order is effective immediately and shall remain in effect 
for 30 days from the date of issuance.

[[Page 58320]]


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 Eleventh 
District within the California Wildfire emergency area. 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 the California Wildfires.
    On November 9, 2018, the President issued an Emergency Declaration 
for the California Wildfires for the counties of Butte, Los Angeles, 
and Ventura (EM-3409). The President declared a major disaster in 
California on November 12, 2018 (DR-4407).
    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 the California Wildfires, 
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 California. 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 9 or USCG Eleventh District within the California Wildfire 
emergency area are authorized to offer and transport non-radioactive 
hazardous materials under alternative safety requirements imposed by 
EPA Region 9 or USCG Eleventh 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. 2018-25112 Filed 11-16-18; 8:45 am]
 BILLING CODE 4910-60-P


