PHMSA Rolls Out Declaratory Orders to Untangle Pipeline Rule Knots
Published Date: 4/24/2026
Rule
Summary
Starting April 24, 2026, pipeline operators can officially ask PHMSA to clear up confusing safety rules through a new, easy-to-follow process called declaratory orders. This change helps operators get quick answers on tricky issues, with chances for public input and fair reviews. It affects anyone running pipelines and aims to save time and avoid costly misunderstandings.
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Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Declaratory Orders for Pipeline Operators
Starting April 24, 2026, pipeline operators may petition PHMSA under new 49 CFR 190.13 to resolve an issue of controversy or uncertainty through a declaratory order. PHMSA says this codified process is non‑substantive, will not create new requirements, and should reduce regulatory burdens and help operators avoid costly misunderstandings.
Binding Orders and Review Deadlines
A declaratory order issued under 49 CFR 190.13 is effective upon issuance to the requestor and is a legally binding determination on the requestor and the facts described. An operator may petition for reconsideration no later than 20 days after issuance (the filing does not stay the order unless PHMSA says so), and any judicial review must be filed no later than 89 days after issuance or after the decision on reconsideration.
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