Missouri Public Service Commission — Pipeline Safety Interpretation

Page 1PI-72-0116 November 10, 1972 Mr. Jeremiah D. Finnegan General Counsel Missouri Public Service Commission Jefferson Building Jefferson City, Missouri 65101 Der Mr. Finnegan: Your letter of October 26, 1972, questions whether 18 U.S.C §§831-835 and 49 USC §1655(e)(4) cover the transportation of anhydrous ammonia in pipeliens. You describe the pipeliens in question as interstate lines having a pumping station with storage facilities but no terminals within the State. The statutes to which you refer are the same as we cited in our letter of September 28, 1972. These statutes are the authority under which the Department of Transprtation regulates the transportation of hazardous materials, including anhydrous ammonia, by pipelin in interstate commerce. For your further information, the statutory authority in this regard is implemented in the regulatiosn contained in 49 CFR Part 195 entiteld “transprotation of Liquids by Pipelines.” A copy of Part 195 is enclosed. The scope of Part 195 is set forth in §195.1. since anhydrous ammonia is listed as a hazardous material in Part 172, its transprotation by pipelien in interstate commerce is governed by Part 195. If we may be of further assistance, please call on us. Sisncerely, SIGNED Joseph C. Caldwell Director Office of Pipeline Safety#

Page 2Missouri Public Service Commission Jefferson Building Jefferson City, Missouri 65101 October 26, 1972 Mr. Joseph C. Cardwell Director of Pipeline Safety Office of the Secretary of Transportation Washington, D. C. 20590 Dear Mr. Cardwell: In reference to your letter dated September 28, 1972 regarding the transportation of anhydrous ammonia, which was in answer to a letter from this office, there is one other question that I would like clarified at this time. Does the same section which you quoted in your letter, namely, 18 U.S.C. Section 831 through 835 and 49 U.S.C. Section 1655(e)(4), cover the transportation of anhydrous ammonia in pipelines. In other words, the anhydrous ammonia will be transferred through pipelines routed through the State of Missouri with no terminals located within the State of Missouri but will have a pumping station with storage facilities in the state. Thanking you in advance, I remain Very truly yours, Jeremiah D. Finnegan General Counsel#

Page 3Mr. Jeremiah D. Finnegan General Counsel Missouri Public Service Commission Jefferson Building Jefferson City, Missouri 65101 September 28, 1972 Dear Mr. Finnegan: This is in reply to your letter of September 12, 1972, in which you ask whether the Department of Transportation views the transportation of anhydrous ammonia as coming under the Natural Gas Pipeline Safety Act, 49 USCA, Section 1671 et seq. You are advised that the transportation of anhydrous ammonia is not considered to come within the provisions of the Natural Gas Pipeline Safety Act. Rather, it is regulated under the authority of 18 USC, Section 831-855 and 49 USC, 1655)(6)(4). If you have further questions in this regard, we will be pleased to respond. Sincerely, Original signed by: Joseph C. Caldwell Director Office of Pipeline Safety#