{"operation":"document","citation":"PI-74-0121","title":"New Mexico State Corporation Commission — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1974-05-31","effective_on":null,"summary":"PI-74-0121 response to New Mexico State Corporation Commission concerning 192.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-74-0121.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-74-0121.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-74-0121","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1974/g74-05-31_Elliott_192.3_Operator-nlmx.pdf","body":"<<<PAGE 1>>>\n\nPI-74-0121\nMay 31, 1974\nMr. John A. Elliott, Director\nPipeline Division\nNew Mexico State Corporation Commission\nSante Fe, New Mexico 87501\nDear Mr. Elliott:\nThank you for your letter of March 28, 1974, asking, \"Who is the ‘operator’ of a gas system when the gas is transported\nin a pipeline belonging to someone other than the owner of the gas?\nUnder 49 CFR 192.3, an \"operator' is defined as \"a person who engages in the transportation of gas.\" The term \"trans-\nportation of gas” is defined as \"the gathering, transmission, or distribution of gas by pipeline or the storage of gas, in or\naffecting interstate or foreign commerce.” The term \"pipeline” is defined as \"all parts of those physical facilities through\nwhich gas moves in transportation . . .\"; while a “pipeline facility” is defined as including all pipelines ''used in the\ntransportation of gas.\"\nUnder these definitions, which are in accord with the definitions of \"transportation of gas” and “pipeline facilities\"\ncontained in sections 2(3) and 2(4), respectively, of the Natural Gus Pipeline Safety Act of 1963 (49 USC 1671 et. seq.),\nthe Office of Pipeline Safety considers the term \"operator\" to include only those persons who have physical control over\nthe use of pipeline facilities utilized to gather, transmit, distribute, or store gas in or affecting interstate or foreign\ncommerce. The definitions do not require that a person who controls the use of a pipeline facility utilized to transport\ngas also own the gas. As a consequence, ownership of gas is not normally relevant in determining who is an \"operator.\"\nThis interpretation is in keeping with the policy of the Act to establish safety regulations applicable to pipeline facilities\nand their use in the transportation of gas.","truncated":false,"body_characters":1770}