{"operation":"document","citation":"PHMSA State Waiver, Puerto Rico, 2017-09-06","title":"Department of Transportation Public Works — State Waiver","source_type":"permit","agency":"Department of Transportation Public Works","status":"historical","official":true,"published_on":"2017-09-06","effective_on":"2017-09-06","summary":"Puerto Rico state waiver granted 2017-09-06.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-state-waiver-department-transportation-public-works-962017.json","markdown":"https://regulus.evalyn.ai/document/phmsa-state-waiver-department-transportation-public-works-962017.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-state-waiver-department-transportation-public-works-962017","source_url":"https://www.phmsa.dot.gov/pipeline/special-permits-state-waivers/department-transportation-public-works-962017","body":"PHMSA State Waiver, Puerto Rico, 2017-09-06. State: Puerto Rico. Entity: Department of Transportation Public Works. Date granted: 2017-09-06.\n\n<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nPipeline and Hazardous\nWashington, DC 20590\nAdministration\nMaterials Safety\nSEP 0 6 2017\nSamuel A. Rodriguez Gonzalez\nActing Manager\nDepartment of Transportation Public Works\nCentro Gubernamental Roberto Sánchez Vilella\nTorres Sur Piso 6 Oficina 603\nSan Juan, PR 00940\nRE: Hurricane Irma - Emergency Assistance Personnel\nDear Mr. Rodriguez Gonzalez:\nIn the wake of Hurricane Irma, PHMSA recognizes pipeline operators may be faced with\nresponding to emergencies under resource constraints due to this natural disaster, requiring the\nservice of pipeline personnel that may not meet PHMSA and State regulatory requirements for\nrandom drug testing and operator qualification (OQ).\nI assure you that PHMSA stands ready and willing to assist in every way possible to expedite\nrepairs and restoration of gas service to communities affected by Hurricane Irma. PHMSA\nrequires pre-employment and random drug testing for all pipeline workers under pipeline safety\nregulations at 49 CFR 199.105. PHMSA would not object to your granting a request from an\nintrastate operator for an emergency waiver of § 199.105, provided the waiver were limited to\nthe duration of the emergency caused by Hurricane Irma, not to exceed 30 days (with potential\nextensions).\nPHMSA has established requirements under Subpart N of 49 CFR Part 192 to ensure that all\npipeline workers performing critical safety tasks, known as \"covered tasks,\" are properly\nqualified and familiar with regulatory and company policies and procedures. PHMSA would not\nobject to your granting requests from intrastate operators for emergency waivers of these OQ\nrequirements, provided such waivers were also appropriately limited to the situation presented by\nHurricane Irma and limited to 30 days in duration (with potential extensions).\n\n<<<PAGE 2>>>\n\n2\nUnder 49 U.S.C. § 60118(d), PHMSA requires a 60-day review period when a State notifies\nPHMSA that it intends to waive a pipeline safety regulation adopted by the State pursuant to\nState certification under 49 U.S.C. § 60105. However, in light of the exigent circumstances,\nPHMSA waives the opportunity to receive such notice and has no objection to your immediate\nissuance of temporary waivers in the two circumstances noted above if necessary to expedite the\nengagement of pipeline personnel to assist with the response and recovery effort precipitated by\nHurricane Irma, and provided the waivers do not exceed 30 days (with the opportunity for\nextension).\nIf you wish to discuss this response or any other pipeline safety matter, please feel free to contact\nme or Linda Daugherty, Deputy Associate Administrator for Pipeline Safety, at 202-366-4595.\nSincerely,\nNautlan\nAlan K. Mayberr\nAssociate Administrator for Pipeline Safety","truncated":false,"body_characters":2950}