{"operation":"document","citation":"PI-75-0105","title":"Mr. Ripley E. Woodard, Jr. — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1975-06-04","effective_on":null,"summary":"PI-75-0105 concerning 195.2.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-75-0105.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-75-0105.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-75-0105","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1975/g75-06-04_Woodard_195.2-wmx.pdf","body":"<<<PAGE 1>>>\n\nPI-75-0105\nJune 4, 1975\nMr. Ripley E. Woodard, Jr.\nWoodard, Hall, McCrory, Henry & Prim\n300 Esperson Building\nHouston, Texas 77002\nDear Mr. Woodard:\nYour letter of May 16, 1975, to Mr. Benjamin O. Davis, Jr. Assistant Secretary for Environment, Safety, and\nConsumer Affairs, has been forwarded to this office for response. You ask for an opinion as to what\nconstitutes interstate commerce for purposes of the jurisdiction of the Department of Transportation over\npipelines carrying liquid hazardous commodities.\nUnder the Transportation of Explosives Act, 18 USC 831-935, the Department has jurisdiction over common,\ncontract, and private carriers engaged in interstate or foreign commerce who transport liquid hazardous\nmaterials by pipeline. Safety regulations issued under 18 USC 934 governing the design, construction,\noperation, and maintenance of pipelines are published in Title 49 of the Code of /Federal Regulations, Part 195\n(copy enclosed).\nSection 831 of Title 18 defines the term \"interstate and foreign commerce\" to mean \"commerce between a\npoint in one State and a point in another State, between points in the same State through another State or\nthrough a foreign country, between points. in a foreign country or countries through the United States, and\ncommerce between a point in the United States and a point in a foreign country or in a Territory or possession\nof the United States, but only insofar as such commerce takes place in the United States.\"\nThe legislative history of the Transportation of Explosives Act indicates that the nature of a carrier determines\nthe extent of the Department's jurisdiction over pipelines the carrier operates. Thus, jurisdiction applies to an\nintrastate pipeline operated by a carrier that is engaged in interstate commerce by some other pipeline.\nFurthermore, in our opinion, the interstate nature of commerce being conducted can qualify a carrier whose\noperations are wholly within one State as an interstate carrier for purposes of the Transportation of Explosives\nAct and 49 CFR Part 195.\nIn addition, under the recently enacted Hazardous Materials Transportation Act (Pub. L. 93-633, January 3,\n1975), the Department has jurisdiction over pipelines carrying hazardous commodities in Commerce which are\nnot subject to the Transportation of Explosives Act. The Hazardous Materials Transportation Act defines\n“commerce” in Sec. 103(a) as “trade, traffic, commerce, or transportation, within the jurisdiction of the United\nStates, (A) between a place in a State and any place outside of such State, or (B) which affects trade, traffic,\ncommerce, or transportation described in clause (A).”\nWe trust this satisfactorily responds to your inquiry.\nSincerely,\nOriginal signed by:\nJoseph C. Caldwell\nDirector\nOffice of Pipeline Safety\n\n<<<PAGE 2>>>\n\nWoodard, Hall, McCrory, Henry & Prim\n300 Esperson Building\nHouston, Texas 77002\nMay 16, 1975\nMr. Benjamin O. Davis, Jr.\nAssistant Secretary for Environment, Safety and Consumer Affairs\nDepartment of Transportation\n400 Seventh Street, S.W.\nWashington, D. C. 20590\nRe: Federal standard as to whether a pipeline lies in interstate commerce; federal standards\ngoverning location, construction and maintenance of pipelines lying in interstate commerce.\nDear Mr. Davis:\nThis law firm represents a company that may be constructing a pipeline for transportation of a highly\nflammable and explosive chemical in the near future. Although our feeling is that this pipeline lies solely in\nintrastate commerce, we would appreciate the thinking of your office as to what constitutes interstate\ncommerce, and, consequently, would invoke the jurisdiction of your office or the appropriate federal agency.\nIn addition, we would appreciate your furnishing us with a copy of all federal regulations applicable to\nthe location, construction and maintenance of such a pipeline lying in interstate commerce.\nCordially,\nWOODARD, HALL, McCORORY, HENRY & PRIM\nBy: Ripley E. Woodard, Jr.","truncated":false,"body_characters":3978}