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ARTICLE · 17 OCTOBER 2016

PHMSA Implements Authority To Issue Emergency Orders

Interim Final Rule allows the PHMSA to respond immediately to unsafe conditions or practices that pose an imminent hazard to public health and safety or to the environment.

United StatesEnergy and Natural Resources

Interim Final Rule allows the Pipeline and Hazardous Materials Safety Administration (PHMSA) to respond immediately to unsafe conditions or practices that pose an imminent hazard to public health and safety or to the environment.

On October 3, the PHMSA of the US Department of Transportation issued an Interim Final Rule to implement newly granted authority enabling PHMSA to issue industry-wide emergency orders without notice and comment in certain circumstances. Established by US Congress, the ability to issue emergency orders is a substantial expansion of PHMSA's authority.

As permitted by Congress and contemplated in the regulations issued in the October 3 Interim Final Rule, PHMSA is able to respond immediately to violations of pipeline safety laws or unsafe conditions or practices that constitute or cause an imminent hazard to public health and safety or to the environment. PHMSA is now able to impose emergency restrictions, prohibitions, and safety measures on

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