On June 13, 2025, PHMSA rescinded ADB-2021-01—and any PHMSA policy statements, letters of interpretation, guidance documents, congressional testimony, and public statements that rely on or assert the reading of the section 114 mandate expressed in ADB-2021-01. Owners and operators of pipeline facilities should adhere to the text of section 114 of the 2020 PIPES Act and section 60108(a) of the Pipeline Safety Act in developing and implementing their inspection and maintenance plans. PHMSA and State authorities should do the same in considering the factors in section 60108(a)(2) and in exercising their inherent enforcement discretion to decide whether an operator’s inspection and maintenance plan is adequate.
Editor’s Note:
Operators should remember that they are required to comply with their O&M manual as written – even if the manual exceeds the requirements of the rule or law. To get the full benefit of the ADB rescission, operators will need to revise their written procedures to eliminate statements which are no longer required. RCP’s staff stand ready to assist in that effort. Contact Jessica Foley at jfoley@rcp.com.
Additional Information:
The full Federal Register notice is available here:
Federal Register :: Pipeline Safety: Recission of Advisory Bulletin on Section 114 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020
Section 60108 of Title 49 USC is available here:
USCODE-2023-title49-subtitleVIII-chap601-sec60108.pdf
Section 114 of the PIPES Act is available here:
Pipes Act 2020 Section 114
Our newsletter article explaining the ADB is available here:
RCP’s DOT Pipeline Compliance Newsletter – PHMSA Advisory Bulletin: Eliminating Hazardous Leaks and Minimizing Releases of Natural Gas from Pipeline Facilities