{"operation":"document","citation":"PI-76-062","title":"Western Mobilehome Association — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1976-09-17","effective_on":null,"summary":"PI-76-062 response to Western Mobilehome Association concerning 192.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-062.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-062.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-062","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1976/PI76062.pdf","body":"<<<PAGE 1>>>\n\nMr. Neil Y. Nordlander\nExecutive Vice President\nWestern Mobilehome Association\n921 11th Street, Suite 1102\nSacramento, California 95814\nDear Mr. Nordlander:\nYour letter of August 9, 1976, to Mr. Jack Overly, Chief, Western Region , describes an LPG\ndistribution system in a mobile home park. You state that the system is owned and maintained by\nan LPG company. You further state that the park owner purchases gas from the LPG company\nand then resells it to tenants for their consumption, utilizing customer meters owned by the\ncompany. You ask which person, the LPG company or the park owner, is the \"operator\"\nresponsible for compliance with 49 CFR Part 192.\nSection 192.3 defines the term \"operator\" as \"a person who engages in the transportation of gas.\"\nConsistent with this definition and Sec. 8 of the Natural Gas Pipeline Safety Act of 1968, which\ndesignates persons who must comply with the Federal safety standards, an \"operator\" is any\nperson who owns or who operates pipeline facilities. The mere sale of gas by a person who does\nnot own or operate the facilities used to transport the gas would not qualify that person as an\n\"operator.\"\nIn the situation you have described, if the LPG company has full ownership rights in the system as\nindicated, it is therefore an \"operator.\" Since you have not given us any information about how\nthe distribution of gas to consumers is physically controlled any by whom, we cannot determine\nwho operates the system. If the park owner operates the system in addition to just selling the gas,\nthe park owner would be an \"operator\" the same as the LPG company.\nIn the rare instances where joint responsibility for compliance exists (i.e., someone other than the\nowner, or the owner's agent, operates the system), this office enforces compliance by looking first\nto the person who is operating the system.\nSincerely,\nCesar DeLeon\nActing Director\nDB\nC:\\WP51\\INTERPRT\\192\\3\\76-09-17\n1\n\n<<<PAGE 2>>>\n\nOffice of Pipeline\nSafety Operations\nDB\nC:\\WP51\\INTERPRT\\192\\3\\76-09-17\n2","truncated":false,"body_characters":2029}