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Comptroller General, dated February 17, 1965.

Department of Commerce, Office of General Counsel, dated May 25,

1965.

Department of Justice, dated June 11, 1965-

Interstate Commerce Commission, dated March 11, 1965.

Mc Dermott, Leo P., commissioner, Board of Commissioners, Chester
County, Pa.__.

Monroney, Hon. A. S. Mike, U.S. Senate, Washington, D.C..

Squire, Harris G., vice president, traffic, Service Pipe Line Co., Post
Office Box 1979, Tulsa, Okla___

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STATEMENTS SUBMITTED. FOR THE RECORD

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SAFETY REGULATION BY ICC OF INTERSTATE

PIPELINES

THURSDAY, JUNE 3, 1965

U.S. SENATE,

COMMITTEE ON COMMERCE,
Washington, D.C.

The committee met at 9 a.m., in room 5110, New Senate Office Building, the Honorable A. S. Mike Monroney presiding.

Senator MONRONEY. The committee hearing on S. 1021 will be in session. The hearing this morning is on this bill, S. 1021, to amend title 18, chapter 39, of the United States Code, entitled "Explosives and Combustibles.""

(Bill S. 1021 follows:)

[S. 1021, 89th Cong., 1st sess.]

A BILL To amend title 18, chapter 39, of the United States Code, entitled "Explosives and Combustibles"

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the definition of "carrier" contained in section 831 of title 18 of the United States Code, as amended, is hereby amended to read as follows:

"Unless otherwise indicated 'carrier' means any person engaged in the transportation of passengers or property by land, as a common, contract, or private carrier, or freight forwarder, or pipeline as those terms are used in the Interstate Commerce Act, as amended, and officers, agents, and employees of such carriers."

This bill would include carriers by pipeline (other than water and gas) in the definition of "carrier' in the Transportation of Explosives Act. Prior to the enactment of Public Law 86-710, on September 6, 1960, the definition of "carrier" in the Explosives Act included oil pipelines. When that act was amended in 1960 to include as a dangerous commodity such items as radioactive materials, the definition of "carrier" was revised to exclude oil pipelines.

The Transportation of Explosives Act, as amended, contemplates a comprehensive code of uniform safety regulations applicable to the carriage of explosives, toxic and etiologic agents, radioactive materials, and other dangerous articles, via all modes of interstate transportation. The Explosives Act provides that the Interstate Commerce Commission shall formulate regulations for the transportation of these dangerous commodities.

The committee has received comments recommending enactment of S. 1021 from the Interstate Commerce Commission, the General Counsel of the Department of Commerce, and the Comptroller General of the United States. If there is no objection, these agency comments will be made a part of the record.

NOTE.-Staff Counsel assigned to this hearing: Stanton P. Sender.

(These comments follow :)

MARCH 11, 1965.

Hon. WARREN G. MAGNUSON,

Chairman, Committee on Commerce,

U.S. Senate, Washington, D.C.

DEAR CHAIRMAN MAGNUSON: Your letter of February 10, 1965, addressed to the Chairman of the Commission, and requesting comments on a bill, S. 1021. introduced by Senator Monroney, to amend title 18, chapter 39, of the United States Code, entitled "Explosives and Combustibles," has been referred to our Committee on Legislation. After consideration by that Committee, I am authorized to submit the following comments in its behalf:

S. 1021 would amend section 831 of title 18 of the United States Code, to give the Interstate Commerce Commission specific statutory authority and responsibility for the safety regulation of all pipelines (other than those used for the transmission of water and gas) operating in interstate or foreign commerce. Although the accident experience of these pipelines does not disclose any pressing need for Federal safety regulation, the proposed legislation does seem desirable in that it would protect interstate carriers against the threat of conflicting safety legislation by the States, and also enable the Commission to cope with any safety hazards which may arise in the future by virtue of changes in the operations or traffic consist of pipelines. For these reasons, we favor enactment of S. 1021. Respectfully submitted.

CHARLES A. WEBB,

Chairman, Committee on Legislation.
EVERETT HUTCHINSON.
JOHN W. BUSH.

GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE,

Hon. WARREN G. MAGNUSON,

Chairman, Committee on Commerce,
U.S. Senate, Washintgon, D.C.

Washington, D.C., May 25, 1965.

DEAR MR. CHAIRMAN: This letter is in further reply to your request for the views of this Department with respect to S. 1021, a bill to amend title 18, chapter 39, of the United States Code, entitled "Explosives and Combustibles."

The proposed legislation would place pipelines under the jurisdiction of the Interstate Commerce Commission for the purpose of establishing safety regulations for interstate pipelines.

In the Department's "Report on Movement of Dangerous Cargoes," dated September 30, 1963, it was pointed out that "no Federal agency now has authority for safety regulation of pipelines" (par. 3, p. 3). Recommendation was made that corrective legislation be prepared so as to give to the Interstate Commerce Commission "specific statutory authority and responsibility for the safety regulation of all pipelines operating in interstate and/or foreign commerce (other than water pipelines and gas pipelines)" (par. 2, p. 6).

The proposed legislation, S. 1021, would accomplish this purpose and the Department recommends enactment.

We have been advised by the Bureau of the Budget that there would be no objection to submission of this report from the standpoint of the administration's program.

Sincerely,

ROBERT E. GILES.

COMPTROLLER GENERAL OF THE UNITED STATES,
Washington, D.C., February 17, 1965.

Hon. WARREN G. MAGNUSON,
Chairman, Committee on Commerce,
U.S. Senate.

DEAR MR. CHAIRMAN: We have your letter of February 10, 1965, in which you asked for our comments on S. 1021.

This bill proposes to include carriers by pipeline in the definition of "carrier" in the Transportation of Explosives Act, as amended by Public Law 86-710 (74 Stat. 808, 18 U.S.C. 831). Prior to enactment of Public Law 86-710 (ap

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