Missouri Gas Energy — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Materials so ery Administration AUG 10 2006 Ms. Crystal Callaway Ref. No.: 06-0162 Environmental Compliance Specialist Missouri Gas Energy 3420 Broadway Kansas City, MO 64111 Dear Ms. Callaway: This is in response to your July 11, 2006 letter regarding applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to unloading and storage of hazardous materials. In twelve or more compressed natural gas cylinders. The trailer is delivered to a customer whose your letter you describe a scenario where Missouri Gas Energy transports a trailer loaded with natural gas supply (via pipeline) has been interrupted. You ask if the driver must stay at the customer's natural gas supply is restored). customer site and attend the cylinders while they are in use by your customer (i.e., until the The HMR regulate the transportation of hazardous materials in commerce. Transportation of a hazardous material in commerce begins when a carrier takes physical possession of a hazardous material and continues until the package containing the hazardous material is delivered to the destination indicated on a shipping document. Therefore, if the shipping paper indicates that the longer subject to the HMR when the driver unloads the cylinders from the transport vehicle or destination of your compressed natural gas cylinders is the customer's site, the cylinders are no disconnects the mode of power from the trailer and leaves the premises. In your letter you also ask about the applicability of 49 CFR § 397.5 (Attendance and surveillance of motor vehicles) to your scenario. Section 397.5 falls under the jurisdiction of tha Federal Motor Carrier Safety Administration (FMCSA; http://www.fmcsa.dot.gov/). For questions regarding § 397.5 please contact the Hazardous Materials Division of the FMCSA at 400 Seventh Street, S.W., Washington, DC 20590, or (202) 366-6121. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Holly Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention 171.1 177.840 060162#

Page 207/11/2006 08:52 FAX 18163605569 FIELD OPERATIONS 0002/002 Pollack MGE MISSOURI GAS ENERGY 5171.1 3420 Broadway • Kansas City, MO • 64111 • (816) 756-5261 §177:840 July 11, 2006 Hpplicability Director, Office of Hazardous Materials Standards 06-0162 400 7' St. S.W U.S. DOT/PHMSA (PHH-10) Washington, D.C. 20590 Dear Regulatory Authority: specified in 49 CFR 397.5. This regulation refers predominately to carriers of I am writing to you in regards to the interpretation of the attendance requirements as explosives; however, it also addresses other hazardous materials which are located on a public street, highway, or the shoulder of a public highway that must be attended by its driver. I have also looked at the Federal Register: October 30, 2003 (Volume ti8, Number 210) pages 61905-61942, which refers to some terminology referred to as 'storage incidental to movement." The company that I work for is in the natural gas utility business. What we do is at certain times when we need to take a customer at of service temporarily, we will pull a small trailer that disconnects from the service truck that contains approximately 12 to 24 natural gas cylinders approximately 5 feet in height and will connect the business to these gas cylinders and leave the trailer behind with the cylinders on the property, until such tie yinders unil weteone sed, bu ahe since an at get miade he a regirementay with there some exemption that we could fall under or do we need to comply with the attendance / storage regulation? Thank You, Cryotel Callaway Crystal Callaway, B.S.N., R.N., C.H.M.M. Environmental Compliance Specialist Missouri Gas Energy 3420 Broadway Kansas City, MO. 64111 Phone 816-360-5047 Fax 816-360-5569#