Hazardous Materials: Emergency Waiver No. 13
| Citation | 84 FR 14444 |
| Record Number | 2019-07088 |
| Published date | 10 April 2019 |
| Section | Notices |
| Court | Pipeline And Hazardous Materials Safety Administration |
Federal Register, Volume 84 Issue 69 (Wednesday, April 10, 2019)
[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Notices]
[Pages 14444-14445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07088]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2018-0100; Notice No. 2019-03]
Hazardous Materials: Emergency Waiver No. 13
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
[[Page 14445]]
conducting operations under the direction of Environmental Protection
Agency (EPA) Region 7 or United States Coast Guard (USCG) Eighth
District within the Nebraska and Iowa disaster 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 Nebraska and Iowa
disasters. This Waiver Order is effective immediately and shall remain
in effect for 60 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 7 or USCG Eighth District
within the Nebraska and Iowa disaster areas. 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 Nebraska and Iowa disasters.
On March 21, 2019, the President issued an Emergency Declaration
for the Nebraska Severe Winter Storm, Straight-line Winds, And Flooding
(DR-4420) for the counties of Banner, Box Butte, Butler, Cass, Cuming,
Dodge, Douglas, Fillmore, Gage, Jefferson, Morrill, Polk, Sarpy,
Saunders, Sheridan, Sioux, Thurston, and Wayne. On March 23, 2019, the
President issued an Emergency Declaration for Iowa Severe Storms and
Flooding (DR-4421) for the counties of Adair, Allamakee, Audubon,
Boone, Bremer, Buena Vista, Butler, Calhoun, Carroll, Cass, Cherokee,
Clay, Crawford, Dallas, Decatur, Dickinson, Emmet, Fayette, Franklin,
Fremont, Greene, Guthrie, Hamilton, Hancock, Hardin, Harrison, Howard,
Humboldt, Ida, Iowa, Jasper, Kossuth, Lyon, Madison, Mahaska, Marshall,
Mills, Monona, Montgomery, O'Brien, Osceola, Page, Plymouth,
Pocahontas, Polk, Pottawattamie, Sac, Shelby, Sioux, Tama, Union,
Webster, Winnebago, Winneshiek, Woodbury, and Wright. 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 the Nebraska and Iowa
disasters, 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 the disaster areas.
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 7 or USCG Eighth District within the Nebraska
and Iowa disaster areas are authorized to offer and transport non-
radioactive hazardous materials under alternative safety requirements
imposed by EPA Region 7 or USCG Eighth 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 60 days from the date of issuance.
Issued in Washington, DC, on March 29, 2019.
Howard R. Elliott,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2019-07088 Filed 4-9-19; 8:45 am]
BILLING CODE 4919-60-P
