{"operation":"document","citation":"PI-23-0011","title":"Paradox Pipeline — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2025-12-08","effective_on":null,"summary":"PI-23-0011 response to Paradox Pipeline concerning 192.9.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0011","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-12/Paradox-Pipeline-PI-23-0011-04-26-2024-Part192-9-Withdrawal-Combined-3.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDecember 8, 2025\nMr. Todd Westcott\nParadox Pipeline\nPO Box 1199\nMonticello, UT 84535\nRe: Withdrawal of Interpretation Letter PI-23-0011\nDear Mr. Westcott:\nOn April 24, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nresponded to your request for an interpretation of the Federal pipeline safety regulations.\nSpecifically, you asked whether certain gathering lines are exempt from the requirements in\nsection 114 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020\n(2020 PIPES Act; Pub. L. 116-260). This letter is to inform you that PHMSA has withdrawn its\nresponse to your interpretation request.\nThe withdrawal of the interpretation letter follows notice published by PHMSA on June 18,\n2025, rescinding an advisory bulletin (ADB-2021-01) that addressed the requirements in section\n114 of the 2020 PIPES Act.1\nIf we can be of further assistance, please contact Joseph Berry at 720-601-3577.\nSincerely,\nCAMERON H Digitally signed by CAMERON\nH SATTERTHWAITE\nSATTERTHWAITE Date: 2025.12.08 13:34:10\n-05'00'\nCameron H. Satterthwaite\nActing Director, Office of Standards and\nRulemaking\n1 Pipeline Safety: Recission of Advisory Bulletin on Section 114 of the Protecting our Infrastructure of Pipelines and\nEnhancing Safety Act of 2020, 90 Fed. Reg. 26,085 (Jun. 18, 2025), available at:\nhttps://www.federalregister.gov/documents/2025/06/18/2025-11180/pipeline-safety-recission-of-advisory-bulletin-on-section-\n114-of-the-protecting-our-infrastructure\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR Parts 190-\n199) in the form of interpretation letters. These letters reflect the agency’s current application of the regulations to the specific facts presented by the person\nrequesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the public understand how to\ncomply with the regulations.\n\n<<<PAGE 2>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nApril 26, 2024\nMr. Todd Westcott\nParadox Pipeline\nPO Box 1199\nMonticello, UT 84535\nDear Mr. Westcott:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) you\nrequested an interpretation of the Federal pipeline safety regulations in 49 Code of Federal\nRegulations (CFR) Part 192 with respect to the requirements in 49 CFR § 192.9.\nYou asked for PHMSA’s clarification regarding requirements for Types B, C, and R gathering\npipelines. You asked whether these types of gathering lines are exempt from the self-\nimplementing inspection and maintenance plan requirements in Section 114 of the Protecting our\nInfrastructure of Pipelines and Enhancing Safety Act of 2020 (PIPES Act of 2020, Pub. L. 116-\n260).\nSection 114 of the PIPES Act of 2020 amended the pipeline safety statues at 49 United States\nCode (U.S.C) 60108. Section 60108(a)(1) requires each person owning or operating a gas\npipeline facility or hazardous liquid pipeline to carry out a written inspection and maintenance\nplan. Section 114 of the PIPES Act of 2020 contains self-executing provisions that require\npipeline operators to update these inspection and maintenance plans to address eliminating\nhazardous leaks and minimizing releases of natural gas. Section 114 also added a requirement\nthat the inspection and maintenance plans address replacement or remediation of pipelines\nknown to leak due to their material, design, or past operating and maintenance history.\nOwners and operators of regulated gathering lines are subject to the requirements in 49 U.S.C.\n60108.1 PHMSA defines Types A, B and C gathering lines as regulated onshore gathering lines\nin 49 CFR § 192.8(c). Section 192.8(c)(3) specifies that Type R gathering lines are not\nconsidered regulated onshore gathering lines under Part 192.\n1 See 49 U.S.C. 60101(a)(3) and 60101(a)(21).\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR\nParts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts\npresented by the person requesting the clarification. Interpretations are not generally applicable, do not create legally-enforceable rights or\nobligations, and are provided to help the specific requestor understand how to comply with the regulations.\n\n<<<PAGE 3>>>\n\nPage 2 of 2\nThe self-implementing requirements in Section 114 of the PIPES Act of 2020, therefore, apply to\noperators of Types A, B and C gas gathering lines. Such operators are required to have\ninspection and maintenance plans in accordance with 49 U.S.C. 60108 and update those plans in\naccordance with the requirements in Section 114 of the PIPES Act of 2020. Type R gas\ngathering lines are not considered regulated onshore gathering lines and, therefore, are not\nsubject to the requirements in Section 114 of the PIPES Act of 2020.\nIf we can be of further assistance, please contact Tewabe Asebe at 202-366-5523.\nSincerely,\nJOHN A\nGALE\nDigitally signed by\nJOHN A GALE\nDate: 2024.04.26\n09:12:37 -04'00'\nJohn A. Gale\nDirector, Office of Standards\nand Rulemaking\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR\nParts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts\npresented by the person requesting the clarification. Interpretations are not generally applicable, do not create legally-enforceable rights or\nobligations, and are provided to help the specific requestor understand how to comply with the regulations.\n\n<<<PAGE 4>>>\n\nParadox Resources\nParadox Upstream, LLC\nParadox Midstream, LLC\n500 Dallas Street\nSuite 1650\nHouston, TX 77002\nOffice of Pipeline Safety (PHP-30)\nPHMSA\nU.S. Department of Transportation\n1200 New Jersey Avenue SE, Washington, DC 20590-0001\nTo whom it may concern:\nI need to get a PHMSA clarification on the applicability of Part 114 regulation as it applies to Type B, C\nand R regulated gathering pipelines. I have a 2021 inspection with the Pipeline Safety Division of the\nState of Utah that needs to get closed out and leak detection is an issue that we have questions on. My\ninterpretation of the rules is that type B, C and R pipelines are exempt from these 114 rules.\nThe State of Utah, Office of Pipeline Safety believes that B and C are required to follow part 114 rules\nand R pipelines are exempt. I have talked to Lane Miller in September of 2021, at a pipeline safety\nseminar in Salt Lake City Utah and have had correspondence with Sayler Palabrica to get clarification.\nSayler suggested that I write this letter. Lane has stated that he believes B, C and R pipeline segments\nare all exempt from part 114 leak regulation.\nPlease Clarify.\nTodd Westcott, Paradox Pipeline:\nPO Box 1199\nMonticello, UT 84535\ntoddwwestcott@gmail.com\nMobile 435-220-0021\nOPID 39030","truncated":false,"body_characters":7308}