[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Notices]
[Pages 63196-63197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26527]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2018-0100; Notice No. 2018-22]


Hazardous Materials: Emergency Waiver No. 11

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 10 or United States Coast Guard (USCG) Seventeenth 
District within the emergency area affected by the November 30, 2018 
Alaska earthquake. 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 
Alaska earthquake. 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 10 or USCG Seventeenth 
District within the emergency area affected by the November 30, 2018 
Alaska earthquake. 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 
Alaska earthquake.
    On November 30, 2018, the President issued an Emergency Declaration 
for the Alaska earthquake (EM-3410) for Anchorage Municipality, Kenai 
Peninsula Borough, and Matanuska-Susitna Borough. This Waiver Order

[[Page 63197]]

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 the Alaska earthquake, 
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 Alaska. 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 10 or USCG Seventeenth District within the Alaska earthquake 
emergency area are authorized to offer and transport non-radioactive 
hazardous materials under alternative safety requirements imposed by 
EPA Region 10 or USCG Seventeenth 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 December 3, 2018.
Howard R. Elliott,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2018-26527 Filed 12-6-18; 8:45 am]
BILLING CODE 4910-60-P


