U.S. FEDRegulation
United States: Presidential Determination 2027-01 waives Defense Production Act section 303 requirements for petroleum capacity
President Donald Trump issued Presidential Determination No. 2027-01 on October 22, 2026, and the Federal Register published it on October 28, 2026. The determination finds domestic petroleum production, refining, and logistics capacity essential to national defense under section 303 of the Defense Production Act, waives the requirements of section 303(a)(1) through (a)(6), and directs the Secretary of War to implement the determination through purchases and financial support.
Key points
- The covered capacity includes exploration and production, gathering and transmission pipelines, storage, and marine terminals for petroleum.Federal Register
- The determination finds industry cannot reasonably provide the capacity in a timely manner because of constrained financing, long lead times, and permitting bottlenecks.Federal Register
- Purchases, purchase commitments, and financial support for production capability are found to be the most cost-effective and practical alternative methods available.Federal Register
- The determination cites the national energy emergency declared in Executive Order 14156 of January 20, 2025; the waiver is made under section 303(a)(7).Federal Register
- The Secretary of War implements the determination, including purchases, commitments, and financial instruments that enable the covered projects.Federal Register
- The determination is published at 91 FR 68011 as FR Doc. 2026-22052 and is dated October 22, 2026.all 1 sources
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RegulationU.S.Presidential Determination No. 2027-01, Defense Production Act Section 303 Petroleum DeterminationCorporateEnergyRegulatoryFor practitionersFor governance