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Appendix D: Regulatory Assistance and Relevant Authorities for Disaster Relief by Federal Agencies
Pages 107-118

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From page 107...
... serves as the lead federal coordinating agency for Emergency Support Function (ESF) 12 – Energy under the National Response Framework.1 DOE also has its own authorities under the Federal Power Act to address electricity shortages and secure the grid.2 In addition, DOE can release crude oil from the strategic petroleum reserve.
From page 108...
...  In 2017: The Federal Power Act was not invoked during the 2017 Hurricane season; however, it was used during Hurricane Ike in 2008 and Hurricane Katrina in 2005. Specifics can be found on the DOE Office of Electricity website.3 • Strategic Petroleum Reserve  DOE has oversight of the United States' strategic petroleum reserve, the largest government-owned stockpile of emergency crude oil in the world.
From page 109...
... An overview and list of RVP requirements may be viewed on the EPA website.6 In 2017: During the 2017 hurricane season, EPA issued a number of waivers related to fuel supply.7 Highlights of EPA response activities during the 2017 hurricane season can be found on the EPA website.8 DEPARTMENT OF TRANSPORTATION Under the National Response Framework, the Department of Transportation is the primary federal agency for Emergency Support Function (ESF) – 1, Transportation.9 During emergency situations, the department posts information related to transportation permits, waivers, and other regulations and authorities.
From page 110...
... The Federal Motor Carrier Safety Regulations emergency webpage contains active and archived information regarding emergency declarations, waivers, exemptions, and permits, including the list of hours of service waivers during 2017.12 FEDERAL HIGHWAY ADMINISTRATION • Oversize and overweight permits Section 127 of title 23, U.S.C. establishes weight limitations for vehicles operating on the federal interstate highway system.
From page 111...
... PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION • Special Hazardous Material Permits During an incident, the Pipeline and Hazardous Materials Safety Administration has the ability to issue an emergency special permit without notice and comment or hear ing if the associate administrator of pipeline safety determines that such action is in the public interest, is not inconsistent with pipeline safety, and is necessary to address an actual or impending emergency involving pipeline transportation. Special permits are authorized by statute in 49 U.S.C.
From page 112...
... Emergency special permits may be renewed upon application to the Pipeline and Hazardous Materials Safety Administration only after notice and opportunity for a hearing on the renewal. In 2017: A number of special permits were issued during the 2017 hurricane season, with noted benefits.16 According to the American Fuel and Petrochemical Manu factures, "the waivers supported the movement of essential fuels and recovery prod ucts to impacted areas that aided in the recovery.
From page 113...
... oversight is the regulation of rates and practices of oil pipeline companies engaged in interstate transportation. The commission establishes equal service conditions to provide shippers with equal access to pipeline transportation and sets reasonable rates for transporting petroleum and petroleum products by pipeline.
From page 114...
... In 2017: In response to shortages of undyed diesel fuel caused by Hurricane Harvey and Irma, the Internal Revenue Service waived the penalty when dyed diesel fuel is sold for use or used on the highway. A list of waivers can be found on the Internal Revenue Service website.23 DEPARTMENT OF HEALTH AND HUMAN SERVICES When the President declares a disaster or emergency under the Stafford Act or National Emergencies Act, the secretary of health and human services may declare a public health emergency under Section 319 of the Public Health Service Act, authorizing the secretary to take certain actions in addition to his or her regular authorities.
From page 115...
... It coordinates with state, local, and voluntary organizations to provide food for shelters and other mass feeding sites, distribute food packages directly to households in need in limited situations, and approve operation of the Disaster Supplemental Nutrition Assistance Program. In 2017: During the 2017 hurricane season, the Food and Nutrition Service approved food disaster relief assistance in Texas (select counties)
From page 116...
... Defense Production Act cannot necessarily increase the production of critical resources if those production lines are already operating at a maximum capacity, and thus may not prevent shortages if the demand for such resources are high. While primarily for federal procurement, the Defense Production Act priorities and allocations authority can also directly assist a private sector critical infrastructure owner or operator when the request is necessary or appropriate to support national defense.
From page 117...
... Under normal circumstances Defense Production Act requests can go to different organizations in various ways; however, during presidentially declared disasters they should go to the federal coordinating officer at the Joint Field Office. The federal coordinating officer then determines whether to support the request and initiates coordination accordingly.


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