[Federal Register Volume 90, Number 231 (Thursday, December 4, 2025)]
[Proposed Rules]
[Pages 55836-55844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-21970]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 174, 175, 176, 177, and 178

[Docket No. PHMSA-2024-0064 (HM-266)]
RIN 2137-AF68


Hazardous Materials: Modernizing Regulations To Facilitate 
Transportation of Hazardous Materials Using Highly Automated 
Transportation Systems

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
U.S. Department of Transportation (DOT).

ACTION: Advance notice of proposed rulemaking (ANPRM).

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SUMMARY: The Pipeline and Hazardous Materials Safety Administration 
(PHMSA) is publishing this advance notice of proposed rulemaking 
(ANPRM) to obtain stakeholder input on potential revisions to the 
Hazardous Materials Regulations (HMR) to facilitate the safe 
transportation of hazardous materials using highly automated 
transportation systems.

DATES: Comments must be received by March 4, 2026, to ensure 
consideration. However, PHMSA will consider late-filed comments to the 
extent possible.

ADDRESSES: You may submit comments identified by the docket number 
PHMSA-2024-0064 (HM-266) by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System, U.S. Department of 
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, Ground Floor, Room W12-140 in the West Building, 1200 
New Jersey Avenue SE, Washington, DC 20590, between 9:00 a.m. and 5:00 
p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number (PHMSA-2024-0064) or RIN 2137-AF68 for this ANPRM at the 
beginning of the comment. Note that all comments received will be 
posted without change to https://www.regulations.gov including any 
personal information provided. If sent by mail, comments must be 
submitted in duplicate. Persons wishing to receive confirmation of 
receipt of their comments must include a self-addressed stamped 
postcard.
    Docket: For access to the dockets to read background documents or 
comments received, go to https://www.regulations.gov or DOT's Docket 
Operations Office; see ADDRESSES.
    Confidential Business Information: Confidential Business 
Information (CBI) is commercial or financial information that is both 
customarily and actually treated as private by its owner. Under the 
Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments in response to this ANPRM contain 
commercial or financial information that is customarily treated as 
private, that you actually treat as private, and that is relevant or 
responsive to this ANPRM, it is important that you clearly designate 
the submitted comments as CBI. Pursuant to 49 CFR 105.30, you may ask 
PHMSA to provide confidential treatment to the information you give to 
the agency by taking the following steps: (1) mark each page of the 
original document submission containing CBI as ``Confidential;'' (2) 
send PHMSA a copy of the original document with the CBI deleted along 
with the original, unaltered document; and (3) explain why the 
information you are submitting is CBI. Submissions containing CBI 
should be sent to Steven Andrews, 1200 New Jersey Avenue SE, DOT: 
PHMSA-PHH-10, Washington, DC 20590-0001. Any comment PHMSA receives 
that is not explicitly designated as CBI will be placed in the public 
docket.

FOR FURTHER INFORMATION CONTACT: Steven Andrews, Standards and 
Rulemaking Division, Office of Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, at 
202-366-8553.

SUPPLEMENTARY INFORMATION:

Abbreviations and Terms

AAM Advanced Air Mobility
AAR Association of American Railroads
ADS Automated Driving System
ANPRM Advance Notice of Proposed Rulemaking
BVLOS Beyond Visual Line of Sight Operations
CDA Commercial Drone Alliance
FAA Federal Aviation Administration
FMCSA Federal Motor Carrier Safety Administration
FMCSR Federal Motor Carrier Safety Regulations
FRA Federal Railroad Administration
HMR Hazardous Materials Regulations

[[Page 55837]]

HMTA Hazardous Materials Transportation Act of 1975
IMO International Maritime Organization
MASS Maritime Autonomous Surface Ships
MSC Maritime Safety Committee
NAS National Airspace System
NHTSA National Highway Traffic Safety Administration
NPRM Notice of Proposed Rulemaking
NTTC National Tank Truck Carriers
RFI Request for Information
RFP Request for Proposal
SMS Safety Management Systems
TSA Transportation Security Administration
USCG United States Coast Guard
UAS Unmanned Aircraft Systems

Table of Contents

I. Executive Summary
II. Background
III. ANPRM Objective
IV. Potential Regulatory Updates to the HMR for Highly Automated 
Transportation Systems
    A. Special Permits
    B. Shipping Papers and Emergency Response Information
    C. Hazard Communication
    D. Training
    E. Security Plans and In-Depth Security Training
    F. Packaging
    G. Loading and Unloading
V. Highly Automated Transportation Systems by Mode
    A. Rail Transportation
    B. Air Transportation
    C. Vessel Transportation
    D. Highway Transportation
VI. Questions
VII. Future Actions

I. Executive Summary

    PHMSA is publishing this Advance Notice of Proposed Rulemaking 
(ANPRM) to solicit stakeholder input on the transportation of hazardous 
materials in highly automated transportation systems. For the purposes 
of this ANPRM, PHMSA considers highly automated transportation systems 
as advanced transportation systems that leverage varying degrees of 
automation, tailored to the system's complexity. The emergence of 
highly automated technology has the potential to transform how 
hazardous materials are transported while potentially enhancing safety, 
efficiency, and reliability. This shift warrants a comprehensive review 
of the requirements in the Hazardous Materials Regulations (HMR; 49 CFR 
parts 171-180). PHMSA is publishing this ANPRM to solicit feedback that 
can be used in performing that review.

II. Background

    The HMR was primarily designed with traditional transportation 
methods in mind. The advent of highly automated transportation 
systems,\1\ ranging in possibility from drones and delivery robots to 
fully automated freight trucks, introduces new challenges and 
opportunities that were not anticipated by the original regulatory 
framework of the HMR. These highly automated transportation systems 
offer potential benefits, such as increased efficiency and reduced 
human error, but also raise questions about safety and regulatory 
compliance under the HMR.
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    \1\ See, e.g., USDOT Automated Vehicles Activities, https://www.transportation.gov/AV.
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    On March 22, 2018, PHMSA published a Request for Information (RFI), 
titled ``Request for Information on Regulatory Challenges to Safely 
Transporting Hazardous Materials by Surface Modes in an Automated 
Vehicle Environment.'' \2\ The RFI requested public comment on how the 
emergence of automated technologies may impact the HMR and the 
information that PHMSA should consider when determining how to best 
ensure the HMR adequately account for surface automated vehicles. The 
RFI also sought comment on the role that surface automated vehicles and 
their supporting technologies might play in transportation, freight 
movement, and commerce. PHMSA received 27 sets of comments from various 
interested parties in response to the RFI, including valuable input 
from private companies, public safety associations, and trade 
associations.\3\
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    \2\ 83 FR 12529 (Mar. 22, 2018).
    \3\ https://www.regulations.gov/docket/PHMSA-2018-0001/comments. 
For example, the Association of American Railroads (AAR) suggested 
that PHMSA review the HMR to identify outdated requirements that 
might hinder the use of highly automated transportation systems. In 
contrast, safety organizations, such as the International 
Association of Fire Fighters (IAFF), expressed concerns about a loss 
of safety with the potential introduction of highly automated 
transportation systems moving hazardous materials. Amazon stated 
that policymakers should ensure that the HMR prioritizes safety, 
provides clear requirements, and maintains enough flexibility to 
keep up with the pace of innovation. The National Tank Truck 
Carriers (NTTC) recommended that PHMSA adopt a performance-based, 
operator-neutral approach. NTTC added that, while preserving current 
regulations for human operators where feasible, the Federal Motor 
Carrier Safety Regulations (FMCSR) and HMR should be updated to 
establish performance standards that not only maintain the safety 
requirements for human drivers but also hold automated vehicles--
whether driving or assisting in driving--to the same safety 
standards.
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    On March 14, 2019, PHMSA published a report, titled ``Hazardous 
Materials Transport with Unmanned Systems,'' that focused on 
identifying potential hazards and evaluating the current state of 
highly automated transportation systems in hazardous materials 
transportation by all modes.\4\ While the previously cited RFI focused 
on highly automated systems in surface transportation, this report 
broadened the scope to include highly automated transportation systems 
in all modes. The report outlined likely scenarios for automated 
hazardous materials transportation and associated risks, taking into 
consideration the maturity of automated systems in those scenarios. The 
report considered both risk reductions from utilizing automated systems 
as well as the unique risks introduced by using automation. The report 
provided a potential regulatory framework with decision points to help 
ensure the safe integration of highly automated transportation systems 
in hazardous materials transportation as well. PHMSA has placed a copy 
of this report in the docket for this ANPRM and seeks comments on any 
data within the report that may be useful in the development of an 
NPRM.
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    \4\ ``Hazardous Material Transport with Unmanned Systems,'' Mar. 
14, 2019, available at https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2020-03/Risk%20Assessment%20of%20HazMat%20by%20UAVs.pdf (accessed Sept. 30, 
2025).
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    On May 16, 2024, the 2024 Federal Aviation Administration (FAA) 
Reauthorization Act \5\ (the FAA Act) was signed into law. Section 933 
of the Act requires the Secretary of Transportation to use a risk-based 
approach to establish the operational requirements, standards, or 
special permits necessary to approve or authorize an air carrier to 
transport hazardous materials by unmanned aircraft systems (UAS) 
providing common carriage under 14 CFR part 135 or successor 
authorities, as applicable, beginning within 180 days of enactment. In 
addition, the FAA Act required the Secretary of Transportation to hold 
a public meeting on the transportation of hazardous materials by UAS. 
PHMSA and FAA held the public meeting as required on August 22, 
2024,\6\ and received written comments, which were subsequently added 
to the regulatory docket.\7\
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    \5\ Public Law 118-63 (codified in scattered sections of 49 
U.S.C.).
    \6\ https://www.youtube.com/watch?v=Me2-rmWFInM.
    \7\ https://www.regulations.gov/docket/PHMSA-2024-0117.
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    In addition, FAA--in conjunction with PHMSA--published a Federal 
Register notice to announce the availability of a guidance document 
titled ``Guidance for Transporting Hazardous Materials by UAS'' 
intended for 14 CFR part 135 UAS applicants and existing certificate 
holders who are interested in or expanding their current

[[Page 55838]]

authorization for carrying hazardous materials.\8\
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    \8\ 90 FR 52133 (Nov. 19, 2025).
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    On August 7, 2025, FAA and the Transportation Security 
Administration (TSA) published an NPRM,\9\ titled ``Normalizing 
Unmanned Aircraft Systems Beyond Visual Line of Sight Operations,'' as 
directed by the FAA Act. FAA's NPRM proposes performance-based 
regulations under a new 14 CFR part 108, enabling the design and 
operation of UAS at low altitudes for beyond visual line of sight 
(BVLOS) operations. Ultimately, this NPRM is intended to provide a 
predictable and clear pathway for safe, routine, and scalable UAS 
operations. This includes package delivery operations that can involve 
the carriage of hazardous materials. The proposed 14 CFR part 108 
enabling regulations for hazardous materials package delivery are 
similar to current requirements for 14 CFR part 135 UAS operators 
already authorized to load, handle, and transport hazardous materials. 
In addition, FAA also expects to publish an NPRM titled ``Restrict the 
Operation of an Unmanned Aircraft in Close Proximity to a Fixed Site 
Facility'' proposing to establish criteria and procedures for the 
operator or proprietor of eligible fixed site facilities to apply to 
the FAA for a UAS-specific flight restriction.\10\
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    \9\ See Normalizing Unmanned Aircraft Systems Beyond Visual Line 
of Sight Operations 90 FR 38212 (Aug. 7, 2025).
    \10\ RIN 2120-AL33, https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=2120-AL33.
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    On April 3, 2025, PHMSA published a Request for Proposal (RFP) to 
seek a contractor with the expertise, capabilities, and experience to 
evaluate the safety performance of existing dangerous goods packaging 
requirements in a UAS environment.\11\ The work will account for 
operational conditions specific to the carriage of dangerous goods via 
UAS, the corresponding hazards, and the safety performance of existing 
packaging standards; and identify appropriate risk mitigations. It will 
also identify potential hazards associated with malfunctions of UAS 
package containment systems at various cruise altitudes, up to 400 feet 
above ground level, which could inadvertently drop items during 
transit. Offers to this RFP closed on July 2, 2025, and a final report 
must be delivered to PHMSA no later than 21 months after the contract 
is awarded.
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    \11\ Notice ID 693JK325R0002.
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    Finally, in June 2025, the President signed Executive Order (E.O.) 
14307,\12\ titled ``Unleashing American Drone Dominance,'' to enhance 
U.S. productivity, create high-skilled jobs, and reshape the future of 
aviation. The E.O. aims to accelerate the safe commercialization of 
drone technologies and fully integrate UAS into the National Airspace 
System (NAS). The publication of this ANPRM aligns with the goals of 
E.O. 14307 and seeks to develop a regulatory framework to facilitate 
the transportation of hazardous materials via UAS (i.e., drones).
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    \12\ 90 FR 24727 (Jun. 11, 2025).
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III. ANPRM Objective

    PHMSA works closely with its modal partners in developing modal 
specific regulations and guidance involved in the transportation of 
hazardous materials. The primary modal administrations that PHMSA works 
with are the: (1) Federal Motor Carrier Safety Administration (FMCSA) 
for the transportation of hazardous materials by highway--see 49 CFR 
part 177; (2) FAA for the safe transportation of hazardous materials by 
air--see 49 CFR part 175; (3) Federal Railroad Administration (FRA) for 
the safe transportation of hazardous materials by rail--see 49 CFR part 
174; and (4) United States Coast Guard (USCG), part of the Department 
of Homeland Security (DHS), for the safe transportation of hazardous 
materials by vessel--see 49 CFR part 176. In addition, PHMSA works with 
other administrations and offices within DOT, such as the National 
Highway Traffic Safety Administration (NHTSA) and the Office of the 
Secretary of Transportation (OST), on issues related specifically to 
highly automated transportation systems.
    Through stakeholder input to this ANPRM, along with incorporation 
of its own insights, research, and findings, PHMSA aims to identify 
necessary HMR regulatory revisions, guidance, legal clarification, and 
educational resources needed to inform future work. PHMSA is focused on 
current technologies and practices, and on exploring what might be 
possible in the future as automation continues to evolve.
    Lastly, the Regulatory Flexibility Act (5 U.S.C. 601 et seq) 
requires all federal agencies to assess the impact of their regulations 
on small entities (i.e., small businesses, small not-for-profit 
organizations, and small governmental jurisdictions) and consider less 
burdensome alternatives. As such, PHMSA requests specific comment on 
any aspects of the ANPRM (for any of the transportation modes) that 
raise special concerns or considerations for small businesses and other 
small entities--such as those aspects that would impose high costs or 
would disproportionately burden small entities. Further, PHMSA requests 
comment on alternative approaches it should consider that would achieve 
the agency's objectives while minimizing costs or impacts to small 
entities.

IV. Potential Regulatory Updates to the HMR for Highly Automated 
Transportation Systems

A. Special Permits

    While PHMSA is considering regulatory revisions in this rulemaking, 
any person may currently request relief from the HMR via the Special 
Permit process--see 49 CFR part 107, subpart B. PHMSA notes that as of 
November 2025, PHMSA has received two applications for a special permit 
seeking relief from the HMR for highly automated transportation 
systems. Specifically, these special permits seek regulatory relief 
from the HMR for the transportation of consumer type products when 
delivered by UAS. PHMSA seeks stakeholder input on whether any changes 
to the special permit process are necessary for highly automated 
transport systems.

B. Shipping Papers and Emergency Response Information

    The HMR requires most shipments of hazardous materials to have a 
shipping paper and emergency response information meeting the 
requirements in 49 CFR part 172, subparts C and G. Shipping papers and 
emergency response information are basic communication tools for the 
transportation of hazardous materials.\13\ A shipping paper and 
emergency response information, which may appear on a shipping paper, 
must accompany most hazardous materials shipments and be available 
during transportation.
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    \13\ The HMR defines shipping paper in Sec.  171.8 as ``a 
shipping order, bill of lading, manifest or other shipping document 
serving a similar purpose and prepared in accordance with Subpart C 
of part 172 of this chapter.'' Furthermore, the HMR defines 
emergency response information in Sec.  172.602(a) as information 
that can be used in the mitigation of an incident involving 
hazardous materials and, at a minimum, must contain the information 
listed in paragraph (a).
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    Specific to the shipping papers, these documents are important 
because they serve as the principal source of information regarding the 
presence, identification, and quantity of hazardous materials being 
shipped. Shipping papers also serve as the source

[[Page 55839]]

of information necessary to comply with other HMR requirements (e.g., 
correctly placing labels, markings, or placards on a shipment), 
ensuring the separation of incompatible hazardous materials and 
limiting the number of radioactive materials that may be transported in 
a vehicle or aircraft.
    Shipping papers and emergency response information also serve to 
notify transport workers that hazardous materials are present. Shipping 
papers are the principal means of identifying hazardous materials 
during transportation emergencies. Firefighters, police, and other 
emergency response personnel are trained to obtain and review shipping 
papers and emergency response information when responding to hazardous 
materials transportation emergencies. The availability of accurate 
information concerning hazardous materials being transported 
significantly improves response efforts in these types of emergencies.
    Shipments of hazardous materials via highly automated 
transportation systems may present unique challenges to complying with 
shipping paper and emergency response information requirements.\14\ For 
example, in comments \15\ to the 2019 RFI, AAR suggested that existing 
rules that mandate a physical shipping paper by rail (see Sec.  174.24) 
could be more efficiently shared electronically through applications 
like AskRail.\16\ In addition, AAR noted that in the event of an 
accidental release of hazardous materials, Sec.  171.15 of the HMR 
requires a telephone call to the National Response Center. AAR 
suggested that PHMSA update the HMR to enable an automated system where 
highly automated transportation systems can instantly notify responders 
and stakeholders of an incident while providing detailed information 
about the location, cargo, and other critical details. PHMSA will 
consider this comment in development of the NPRM but seeks additional 
comments on the potential use of automated incident response 
notification systems.
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    \14\ PHMSA notes that it recently published an NPRM that 
proposes updates to the emergency response information requirements 
in the HMR. 90 FR 28563 (Jul.1, 2025).
    \15\ https://www.regulations.gov/comment/PHMSA-2018-0001-0016.
    \16\ https://askrail.us/.
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    Shipments of hazardous materials using highly automated 
transportation systems may not have humans in the transport vehicle; 
therefore, a person may not be present to provide the shipping paper 
and emergency response information to enforcement or emergency response 
personnel. This presents unique challenges in ensuring that critical 
safety and compliance information is readily accessible in the event of 
an incident or inspection. In addition, the use of a highly automated 
transportation system may introduce different types of informational 
needs for emergency response personnel. For example, the number and 
type of package details on a shipping paper may not be necessary when a 
UAS is only transporting a single package because emergency response 
personnel will see that there is only one package on the UAS. Emerging 
technologies may also lead to the automated development, verification, 
and certification of shipping papers.
    PHMSA seeks input from stakeholders on any potential changes to the 
HMR that may be needed to facilitate the transportation of hazardous 
materials in highly automated transportation systems as it pertains to 
shipping paper and emergency response information.

C. Hazard Communication

    Hazard communication in the form of marking, labels, and placards 
is a critical component of safety protocols for employees handling 
hazardous materials and for emergency responders responding to 
hazardous materials incidents. These requirements are found in 49 CFR 
part 172, subparts D (Marking), E (Labeling), and F (Placarding). 
Properly applied markings and labels ensure that everyone involved in 
the transportation process can quickly identify the contents of 
hazardous materials packages and understand any associated risks. 
Placards provide critical visibility of hazards present on transport 
vehicles from a distance during transit, allowing emergency responders 
to quickly assess hazards in the event of an incident. Together, these 
forms of hazard communication create a standardized system that 
enhances safety and minimizes confusion in hazardous materials 
transportation.
    Highly automated transportation systems may face a variety of 
challenges in complying with the hazard communication requirements in 
the HMR. For UAS package delivery operations in which packages are 
transported outside the airframe and exposed to the environment at 
higher altitudes, traditional hazard communication may be subject to 
differing conditions than traditional transportation. In addition, so-
called ``last mile'' delivery shipments using personal delivery devices 
or UAS to deliver consumer products may need additional clarification 
as to when certain marking, labeling, and placarding requirements in 
the HMR apply.
    In its comments \17\ to the 2019 RFI, IAFF stated that table 1 and 
table 2 materials (see Sec.  172.504) should never be authorized for 
highly automated transportation systems when placards are required. 
IAFF stressed the need for accurate cargo manifests and proper 
placarding, and it encouraged creating preapproved travel routes to 
minimize risks to the public and road users when transporting hazardous 
materials with highly automated transportation systems.
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    \17\ https://www.regulations.gov/comment/PHMSA-2018-0001-0017.
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    PHMSA notes that, traditionally, transportation restrictions on 
hazardous materials are often modal and packaging specific and not 
dictated by the specific type of transport vehicle (e.g., fixed wing 
aircraft versus rotorcraft). Furthermore, the routing of hazardous 
materials transportation is generally outside of the scope of the HMR. 
For example, UAS transportation and areas where they are authorized to 
fly is the responsibility of the FAA, and routing restrictions 
applicable to highway transportation of hazardous materials are 
governed by the FMCSA and State DOTs (though authorized pursuant to the 
Hazardous Materials Transportation Act of 1975 (HMTA)).
    PHMSA seeks information from stakeholders on how the transportation 
of hazardous materials using highly automated transportation systems 
may affect the ability of entities to comply with the intent of 
marking, labeling, and placarding requirements in the HMR. PHMSA also 
seeks input on alternatives to the current marking, labeling, and 
placarding requirements that might be better suited for highly 
automated transportation systems.

D. Training

    Part 172, Subpart H of the HMR requires all persons who meet the 
definition of a hazardous materials employee under Sec.  171.8 to be 
trained in the applicable requirements of the HMR. This training must 
include general awareness/familiarization, function-specific 
instruction, safety training, security awareness training, and, when 
applicable, in-depth security training.
    As automation technology advances, the roles and responsibilities 
of hazardous materials employees may evolve, potentially altering the 
scope and nature of required hazardous materials training. For 
instance, highly automated transportation systems might reduce direct 
human interaction with

[[Page 55840]]

hazardous materials, necessitating new or alternative types of 
hazardous materials training focused on monitoring and managing 
automated processes. In addition, should highly automated 
transportation systems replace trained hazmat employees, an equivalent 
replacement for hazardous materials training (e.g., safety assurance 
and certification systems) may be needed to ensure the reliability of 
the highly automated transportation systems. Consequently, PHMSA may 
need to reassess and update training requirements to ensure they remain 
relevant and effective in the context of highly automated 
transportation systems. This may also include revisions or updates to 
content in current security awareness training programs to ensure it 
covers security considerations related to highly automated 
transportation systems.
    PHMSA seeks input from stakeholders on how the transportation of 
hazardous materials in highly automated transportation systems might 
affect the training requirements in the HMR, including hazardous 
materials training requirements in the HMR. PHMSA also seeks input on 
alternatives to the current hazardous materials training requirements 
that might be better suited to the transportation of hazardous 
materials in highly automated transportation system.

E. Security Plans and In-Depth Security Training

    Part 172, subpart I of the HMR prescribes requirements for the 
development and implementation of security plans to address security 
risks related to the transportation of hazardous materials in commerce. 
When a person is subject to these requirements, they also are subject 
to the in-depth security training requirements prescribed in Sec.  
172.704(a)(5). These requirements were originally established in the 
HM-232 final rule \18\ stemming from the September 11, 2001, attacks 
and continuing terrorist threats.
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    \18\ 68 FR 14510 (Mar. 25, 2003).
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    Applicability of security plan requirements--outlined in Sec.  
172.800(b)--cover those materials that ``present significant security 
threats.'' Many highly automated transportation systems may not be 
subject to security plan requirements based on the type and quantity of 
hazardous materials they carry. However, highly automated 
transportation systems carrying certain types or quantities of 
hazardous materials may ``present significant security threats'' due to 
the unique nature of these emerging technologies, including 
cybersecurity considerations. PHMSA notes that certain modes have--or 
are proposing--requirements outside of the HMR covering security. For 
example, the Transportation Security Administration (TSA) is proposing 
certain security requirements in the aforementioned BVLOS part 108 
rulemaking.
    PHMSA seeks input on any potential changes to the applicability of 
security plan requirements--and thus, in-depth security training--to 
address any significant security threats in highly automated 
transportation systems.

F. Packaging

    The HMR prescribes packaging requirements for non-bulk and bulk 
shipments of hazardous materials. The general requirements for 
packaging can be found in 49 CFR part 173, and the requirements for 
specification and performance-oriented packaging can be found in 49 CFR 
part 178. Highly automated transportation systems may require new 
packaging designs, performance standards, or rules to work with 
different automated platforms, which could lead to updates in HMR 
packaging standards to support these technologies. As technology around 
highly automated transportation systems evolves, the HMR may also need 
to be updated to address new risks and ensure that packaging 
requirements keep pace with these advancements.
    PHMSA seeks input on any potential changes that might need to be 
made to address packaging requirements for highly automated 
transportation systems.

G. Loading and Unloading

    Various sections of the HMR contain requirements addressing the 
loading and unloading of hazardous materials. The use of highly 
automated transportation systems may create uncertainty or ambiguity 
about how the loading and unloading of hazardous materials should 
occur. For example, Sec.  175.90(a) requires that packages delivered by 
air be inspected after delivery for evidence of leakage. Such 
inspections by hazmat employees may be impractical for hazardous 
materials delivered by an unmanned highly automated transportation 
system to a private individual's home address.
    PHMSA seeks input from stakeholders on how loading and unloading 
procedures may need to be revised in the HMR to account for hazardous 
materials being transported by highly automated transportation systems.

V. Highly Automated Transportation Systems by Mode

A. Rail Transportation

    The HMR prescribes regulations for the safe transportation of 
hazardous materials by rail in Part 174 of the HMR. PHMSA is not aware 
of any highly automated rail systems that are currently transporting 
hazardous materials in the United States. In early 2024, FRA received a 
``Petition for Waivers of Compliance'' \19\ seeking temporary 
suspension of certain FRA safety regulations to use a highly automated 
rail system, which was later approved.\20\ PHMSA recognizes that highly 
automated transportation systems, like the one outlined in this 
``Petition for Waivers of Compliance,'' have the potential to be used 
in the transportation of hazardous materials.
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    \19\ 89 FR 2707 (Jan. 16, 2024).
    \20\ 90 FR 9053 (Feb. 2, 2025).
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    The HMR has several requirements in part 174 that could pose a 
challenge to the transportation of hazardous materials using highly 
automated rail transportation systems. For example, Sec.  174.26 
requires that ``[p]rior to movement of a train, a railroad must provide 
the train crew with train consist information as defined in Sec.  171.8 
of this subchapter in hard-copy (printed paper) form.'' There may be 
other examples within part 174 where PHMSA may need to revise or 
clarify the HMR to accommodate the potential movement of train cars 
that do not have train crews.
    PHMSA, in collaboration with FRA, is reviewing the use of highly 
automated rail systems for transporting hazardous materials. As part of 
this ANPRM, we seek stakeholder input on how these operations could 
impact the HMR and the rail-specific regulations in 49 CFR part 174.

B. Air Transportation

    The HMR prescribes regulations for the safe transportation of 
hazardous materials by air in 49 CFR part 175. The transportation of 
hazardous materials by air has traditionally been more limited and 
restrictive than transportation by other modes to account for the 
unique risks in air transportation. For example, the authorized 
quantity of hazardous materials in Column 9 of Sec.  172.101 of the HMT 
is smaller for passenger and cargo aircraft than other modes. In some 
cases, products such as dry ice are limited on passenger and cargo 
aircraft due to the risk of asphyxiation to crew members, a concern 
that does not apply to UAS since they do not carry crew. In addition, 
there are more stringent

[[Page 55841]]

packaging standards (e.g., inner packagings that must meet pressure 
differential requirements) and fewer exceptions for hazardous materials 
transported by air.
    Traditionally, hazardous materials transportation operations have 
been conducted on a crewed passenger or cargo aircraft. On traditional 
manned aircraft, hazardous material packages are accepted by operator 
personnel and manually loaded onto an aircraft at the departure 
airport. The packages are then flown to the destination airport and 
manually unloaded.\21\ In this system, operator personnel physically 
inspect all hazardous materials packages before they are loaded onto a 
traditional aircraft (see Sec. Sec.  175.30 and 175.88) and the 
packages are protected from external weather conditions. Lastly, the 
packages are inspected for damage or leakage before being unloaded from 
the aircraft (see Sec.  175.90).
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    \21\ PHMSA acknowledges that 14 CFR part 133 external load 
operations (e.g., rotorcraft) allows packages to be transported 
externally to the airframe and the location of departure and arrival 
can be at locations other than an airport.
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    UAS operations introduce alternative scenarios from this 
traditional process of transporting hazardous materials. UAS operations 
do not necessarily begin or end at an airport. Some UAS operations are 
designed for departure at a business parking lot (i.e., package 
delivery from a convenience store) and delivery to a private 
individual's home. In addition, UAS may carry hazardous materials 
packages externally, exposing them to weather conditions, whereas 
traditional type-certificated aircraft protect the package from such 
exposure by containing them within the airframe.\22\ As previously 
mentioned, traditional aircraft packages are unloaded by operational 
personnel, while some UAS are designed to deliver packages by dropping 
or releasing the package from above ground level. Since UAS are 
unmanned, there are no crewmembers on the aircraft to access or 
mitigate a potential incident, but it also means there are no 
crewmembers potentially exposed to any hazardous materials should there 
be an inflight incident. Many or all of these transportation functions 
(e.g., loading, flight to destination, delivery) may be performed 
autonomously, with a remote pilot-in-command simultaneously monitoring 
multiple aircraft.
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    \22\ Currently the only authorization for hazardous materials to 
be transported outside of the airframe are rotorcraft operations 
(see Sec.  175.9(a)).
---------------------------------------------------------------------------

    Currently, operators seeking approval to deliver packages via UAS 
BVLOS are required to obtain a 14 CFR part 135 certification from FAA. 
Under this certification, FAA has authorized several operators to 
conduct package delivery by UAS. In addition, operators that intend to 
accept, handle, and transport hazardous materials via UAS must obtain 
an Operations Specification (OpSpec) A055 from the FAA and are subject 
fully to the HMR. The OpSpec A055 indicates authorization for an air 
carrier (including a UAS operator) to accept, handle, and transport 
hazardous materials as cargo (i.e., Will Carry). The OpSpec A055 for 
part 135 UAS certificate holders specifies the hazardous materials that 
the operator may transport.
    To obtain an OpSpec A055, the operator must have an FAA-accepted 
hazardous materials manual that documents specific processes and 
procedures to ensure that hazardous materials are safely and properly 
handled, stored, packaged, loaded, and carried on board an aircraft in 
accordance with the HMR. In addition, the operator must have an FAA-
approved hazardous materials training program.\23\ Upon certification, 
part 135 applicants must develop and implement a Safety Management 
System (SMS) to manage safety risks and ensure the effectiveness of 
safety risk controls in accordance with 14 CFR part 5. In a recent 
final rule, titled ``Safety Management Systems,'' \24\ the FAA updated 
the SMS requirements, which included expanding these requirements to 
certificate holders authorized to conduct operations in accordance with 
14 CFR part 135. Before this final rule, a formal SMS was voluntary for 
part 135 operators, but FAA ensured during the certification process 
that part 135 UAS applicants had assessed the risks from the 
transportation of hazardous materials, including the risks to people 
and property on the ground resulting from the carriage of hazardous 
materials. As noted earlier, FAA and TSA published an NPRM proposing to 
establish 14 CFR part 108 and accompanying security requirements. This 
enabling regulation would establish a new certificated classification 
for package delivery operators of hazardous materials, similar to part 
135 UAS will-carry operations. As proposed, part 108 would require that 
certificated package delivery operators authorized to accept, handle, 
and transport hazardous materials packages have an accepted hazardous 
materials manual, approved hazardous materials training program, and 
safety risk assessment (SRA) acceptable to the FAA Administrator. In 
addition to UAS package delivery operations, Advanced Air Mobility 
(AAM) provides another class of aircraft that will potentially be a 
highly automated transportation system that may transport hazardous 
materials in commerce. AAM is a transportation system that is comprised 
of urban air mobility and regional air mobility using manned or 
unmanned aircraft.\25\ This umbrella term covers aircraft that are 
typically highly automated and electrically powered, with some aircraft 
such as powered lift aircraft having vertical takeoff and landing 
capability. Many of these aircraft fall into the powered-lift category 
and are often referred to as air taxis.\26\ Unlike some UAS operations, 
AAM package delivery operations are anticipated to transport packages 
inside of the airframe. Additionally, AAM package delivery could 
include the transportation of hazardous materials on the same aircraft 
as passengers or in passenger baggage.
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    \23\ Operators who are not authorized to accept, handle, and 
transport hazardous materials (i.e., Will Not Carry) are not issued 
an OpSpec A055. However, they are still required to have an accepted 
or approved hazardous materials manual and training program to 
ensure that the have processes, procedures, and trained personnel to 
reject hazardous materials (including undeclared packages) from 
being accepted, handled, and transported. FAA notes that will not 
carry operators are not subject to the HMR unless offering hazardous 
materials as a shipper.
    \24\ 89 FR 33068 (Apr. 26, 2024).
    \25\ As defined in Section 951, Paragraph (1) of the FAA Act.
    \26\ https://www.faa.gov/air-taxis.
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    Lastly, PHMSA anticipates the industry may develop additional 
variations of highly automated transportation systems designed to carry 
payloads inside the airframe over long-ranges for use in off-airport 
operations. In addition, there are other aspects of pre-transportation 
and transportation functions specific to air transportation in part 175 
that could become automated, such as packaging inspection and aircraft 
loading functions (including traditional manned aircraft).
    Ultimately, the air-specific requirements in part 175 of the HMR 
may pose a challenge for compliance when using highly automated air 
transportation systems as highlighted above. PHMSA--in collaboration 
with FAA--is seeking stakeholder input on how UAS, AAM, and other 
highly automated transportation systems can meet the intent of the HMR 
and the air-specific regulations.

C. Vessel Transportation

    The HMR prescribes regulations for the safe transportation of 
hazardous materials by vessel in part 176 of the HMR. While PHMSA is 
not aware of any

[[Page 55842]]

highly automated vessel transportation systems that currently are 
transporting hazardous materials in waters subject to the jurisdiction 
of the United States, the International Maritime Organization (IMO) has 
begun to scope policies on the use of Maritime Autonomous Surface Ships 
(MASS).\27\ The IMO published a Marine Safety Circular (MSC), titled 
``Outcome of the Regulatory Scoping Exercise for the Use of Maritime 
Autonomous Surface Ships (MASS).'' \28\ This MSC discusses outcomes of 
a regulatory scoping exercise for the use of MASS, conducted by the 
IMO's Maritime Safety Committee. In addition, the IMO established a 
dedicated MASS Working Group to further develop the MASS Code and 
address issues under the Legal and Facilitation Committee's purview. 
These matters will be reviewed by the Joint MSC/LEG/FAL Working Group 
on MASS. The objective is to adopt a non-mandatory goal-based MASS Code 
by 2025, which will serve as the foundation for a mandatory goal-based 
MASS Code, anticipated to enter into force on January 1, 2028.
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    \27\ https://www.imo.org/en/MediaCentre/HotTopics/Pages/Autonomous-shipping.aspx.
    \28\ MSC.1/Circ.1638 (Jun. 3, 2021).
---------------------------------------------------------------------------

    PHMSA, in collaboration with USCG, is exploring the potential use 
of highly automated vessel transportation systems for hazardous 
materials. To better understand the impact on the HMR, we are seeking 
stakeholder input on how these operations might affect hazardous 
materials transportation and the vessel-specific regulations in 49 CFR 
part 176.

D. Highway Transportation

    The HMR prescribes regulations for the safe transportation of 
hazardous materials by highway in part 177 of the HMR. These 
regulations address critical safety aspects, such as packaging and 
vehicle requirements, to ensure that hazardous materials are 
transported safely by highway. Historically, these regulations have 
been tailored to human-driven vehicles, where the qualifications, 
actions, and decisions of the driver play a central role in ensuring 
safe operations.
    As the transportation industry advances, emerging technologies--
such as Automated Driving Systems (ADS)--are poised to transform the 
landscape of highway transportation. ADS operation raises unique 
considerations for the safe and efficient transportation of hazardous 
materials. ADS can offer enhanced safety features, such as the 
potential for more precise vehicle control, fewer human errors, and 
optimized route planning, but can also introduce new challenges in 
terms of regulatory oversight, emergency response, and system 
interoperability. ADS may operate in ways that differ significantly 
from traditional, human-driven vehicles, potentially altering the 
dynamics of risk assessment, hazard mitigation, and emergency 
management.
    Given these advancements, FMCSA and PHMSA recognize the need to 
evaluate and, where necessary, update the HMR to account for the 
integration of ADS in the transportation of hazardous materials by 
highway, including FMCSA's consideration of whether the transportation 
of hazardous materials by fully automated commercial motor vehicles 
should be restricted or prohibited under the Federal Motor Carrier 
Safety Regulations (FMCSRs).\29\ This ANPRM seeks to gather input from 
stakeholders, including industry experts, technology developers, safety 
organizations, and emergency responders, to ensure that regulatory 
updates are grounded in current and future technological realities 
while continuing to prioritize safety.
---------------------------------------------------------------------------

    \29\ In its Advance Notice of Proposed Rulemaking, ``Safe 
Integration of Automated Driving Systems-Equipped Commercial Motor 
Vehicles,'' FMCSA requested comment on whether the transportation of 
hazardous materials by fully automated CMVs should be restricted or 
prohibited. 84 FR 24449, 24452 (May 28, 2019). Most commenters 
responding to this question supported restricting the transportation 
of hazardous materials in fully automated CMVs. The comments are 
available in Docket FMCSA-2018-0037.
---------------------------------------------------------------------------

    PHMSA, in collaboration with FMCSA, is exploring the potential use 
of highly automated commercial motor vehicles for moving hazardous 
materials. To better understand the implications for the HMR, we are 
seeking stakeholder input on how these technologies might affect 
hazardous materials transportation and the highway-specific regulations 
in 49 CFR part 177.

VI. Questions

    To better understand the potential impacts of future regulatory 
revisions on the transportation of hazardous materials in highly 
automated transportation systems, PHMSA is asking a series of questions 
to identify potential updates to the HMR. Whenever possible, please 
provide supporting data or specific examples.
    For Section B, ``Economic Questions,'' PHMSA is seeking per-unit, 
aggregate, and programmatic (both one-time implementing and recurring) 
data. Explanation of the bases or methodologies employed in generating 
cost and benefit data, including data sources and calculations, is 
valuable so that PHMSA can explain the support for any estimates it is 
able to provide that accompany a proposed rule, and other commenters 
may weigh in on the validity and accuracy of the data. Please also 
identify the baseline (e.g., a particular edition of a consensus 
industry standard; widespread voluntary operator practice; or 
documentation of sample surveys and other operator-level data or 
information) from which those incremental costs and benefits arise. 
When estimates are approximate or uncertain, consider using a range or 
specifying the distribution in other ways.
    When responding to a specific question below please note the topic 
letter and question number in your comment.

A. General Questions

    1. How should PHMSA address the transportation of hazardous 
materials using highly automated transportation systems (e.g., 
revisions to the HMR, corresponding guidance, other resources)?
    2. Should PHMSA consider specific automation use cases when 
revising the HMR? Or should requirements be scoped to various system 
automation use cases and performance capabilities remain with the 
appropriate modal administration?
    3. What specific safety concerns do you foresee with the use of 
highly automated transportation systems for hazardous materials? What 
specific safety benefits do you foresee with the use of highly 
automated transportation systems for hazardous materials?
    4. How should PHMSA and modal administrations evaluate and mitigate 
risks associated with these systems?
    5. Are there existing regulations that you believe adequately 
address the use of highly automated transportation systems for 
hazardous materials? If not, what new regulations or amendments would 
you recommend?
    6. How can PHMSA support innovation while ensuring safety and 
compliance?
    7. Are current packaging requirements in 49 CFR parts 173 and 178 
adequate for highly automated transportation systems? If not, in what 
ways are they not adequate, and what new regulations or amendments 
would you recommend?
    8. Are current packaging exceptions in 49 CFR part 173 adequate for 
highly automated transportation systems? If not, in what ways are they 
not adequate, and what new exceptions or amendments would you 
recommend?
    9. Are there hazard classes, packing groups, amounts, or specific 
commodities that should not be

[[Page 55843]]

authorized for transportation in highly automated transportation 
systems?
    10. How should PHMSA and the modal administrations evaluate the 
hazards and risks of certain hazard classes or divisions with the 
varying use cases and performance capabilities of highly automated 
transportation systems?
    11. Are there other types of highly automated transportation 
systems not mentioned in this ANPRM that PHMSA should consider 
(particularly technologies that are under development or being tested)?
    12. What performance-based regulations need to be modified or 
clarified for highly automated transportation systems? Are there any 
prescriptive requirements in the HMR that should become more 
performance-based? Are there any requirements in the HMR that are not 
appropriate for highly automated transportation systems?
    13. The HMR references ``conditions normally incident to 
transportation.'' How should this term evolve to account for highly 
automated transportation systems that introduce different conditions on 
packages from the more traditional transportation systems?
    14. What responsibilities should operators have to communicate the 
expected conditions of transport via a highly automated transportation 
system to shippers and freight forwarders?
    15. What additional requirements might be necessary to protect 
hazardous materials packages from being exposed to the effects of 
highly automated transportation systems failure (e.g., transport 
vehicle battery fire, crash)?
    16. Are there any current industry standards specific to highly 
automated transportation systems that would help PHMSA and modal 
administrations evaluate potential requirements or exceptions of the 
HMR?
    17. Are there international or country-specific regulatory 
frameworks that stakeholders recommend PHMSA consider harmonizing with? 
If so, why?
    18. How can the HMR support efficient and effective hazardous 
materials communication (e.g., marks, labels, shipping papers) for 
highly automated transport systems?
    19. How do unmanned highly automated transportation systems (e.g., 
absence of passengers, crewmembers, drivers) affect the current level 
of safety of the HMR?

B. Economic Questions

    1. What are the broadly anticipated economic benefits of using 
highly automated transportation systems for hazardous materials?
    2. What are the specific economic impacts of revising the HMR to 
further enable commercial UAS hazardous materials package delivery?
    3. What are the specific economic implications of hazardous 
materials delivered by ADS systems or personal delivery devices?
    4. How should PHMSA evaluate the cost-effectiveness of these 
systems compared to traditional methods?
    5. How can PHMSA balance the need for safety regulations with the 
economic burden on businesses?
    6. What additional costs would companies face if new inspection and 
safety protocols (e.g., remote package inspection or monitoring 
systems) were required for highly automated transportation systems 
transporting hazardous materials?
    7. What types of hazardous materials does the industry expect to 
transport via highly automated transportation systems in the near 
future, and by which mode? What commodities are expected to be 
transported by highly automated transportation systems in high volumes 
once the technology is more widely deployed?

C. Specific HMR Questions

    1. What incident reporting requirements should be added or modified 
in Sec. Sec.  171.15 and 171.16 to account for highly automated 
transportation systems (e.g., new triggers for reporting, new data 
points)?
    2. How should PHMSA ensure that highly automated transportation 
systems comply with the intent of shipping paper requirements in part 
172, subpart C (e.g., hazard communication documentation that provides 
appropriate information to appropriate personnel, including emergency 
responders)?
    3. How should PHMSA ensure that highly automated transportation 
systems comply with the intent of emergency response information 
requirements in part 172, subpart G?
    4. How can highly automated transportation systems effectively 
implement the intent of hazard communication requirements, including 
labeling, marking, and placarding, as specified in part 172, subpart D, 
E, and F, respectively?
    5. What specific part 172, subpart H training requirements should 
PHMSA establish or clarify to account for highly automated 
transportation systems?
    6. Should PHMSA update its current hazardous materials employee 
training requirements to address the transportation of hazardous 
materials using highly automated transportation systems? If so, what 
types of safety assurance and certification systems should PHMSA and 
modal administrations consider (i.e., routine safety assurance and 
continued monitoring equivalent to initial and recurrent hazardous 
materials training)?
    7. Should PHMSA revise the applicability of security plan 
requirements to address any significant security threats in highly 
automated transportation systems? If so, how should PHMSA revise the 
security plan applicability?
    8. How should PHMSA consider any cybersecurity concerns created by 
the use of highly automated transportation systems? Who should PHMSA 
consult regarding these concerns?
    9. The HMR have multiple sections related to definitions, including 
Sec. Sec.  105.5, 107.1, 109.1, and 171.8. Does PHMSA need to add new 
definitions in these sections that are explicitly related to highly 
automated transportation systems? If so, what definitions are needed? 
Are there definitions in other Federal laws, Federal regulations, or 
international regulations the HMR should be consistent with or 
incorporate?
    10. Should additional information be required of a Special Permit 
applicant for highly automated transportation systems? Or should 
additional information continue to be requested by PHMSA and modal 
administrations on an ad hoc basis?

D. Rail-Specific Questions

    1. How should PHMSA ensure highly automated transportation systems 
comply with the general requirements for the transportation of 
hazardous materials by rail as outlined in Sec.  174.1?
    2. How can highly automated transportation systems meet the 
inspection and acceptance requirements specified in Sec.  174.9?
    3. How should PHMSA ensure highly automated transportation systems 
address the requirements for the removal and disposition of hazardous 
materials at destination as outlined in Sec.  174.16?
    4. What specific segregation procedures should be adopted by highly 
automated rail transportation systems to comply with Sec.  174.81?

E. Air-Specific Questions

    1. How can highly automated transportation systems comply with the 
general requirements for the transportation of hazardous materials by 
air as outlined in part 175 (e.g., applicability, acceptance, 
rejection, loading, handling, unloading, storage incidental to 
movement, packaging, notifications)?

[[Page 55844]]

    2. How should PHMSA and FAA address HMR requirements (e.g., 
accessibility, prohibitions, quantity limits) when no crewmembers are 
present on cargo aircraft (e.g., UAS, AAM)?
    3. How should PHMSA and FAA address HMR requirements (e.g., Sec.  
175.10 allowances, passenger notification, quantity limits) when no 
crewmembers are present on passenger aircraft, but passengers are 
present (e.g., AAM transportation of passengers and passenger aircraft 
authorized cargo)?
    4. Should there be new exceptions or revisions to current 
exceptions from the HMR in part 175 (e.g., Sec. Sec.  175.8, 175.9) to 
account for highly automated transportation systems? Should the 
exceptions be contingent on approval by the FAA and operator safety 
risk assessments?
    5. How can highly automated transportation systems meet the 
acceptance and inspection requirements specified in Sec.  175.30?
    6. Should PHMSA apply the same criteria for Column 9 quantity 
limits of the Sec.  172.101 HMT to highly automated aircraft 
transportation systems? Should quantity limits be increased or 
decreased? If so, how should PHMSA tackle establishing new quantity 
limits?
    7. Are there any hazardous materials currently subject to the HMR 
when transported by aircraft (but not regulated when transported by 
other modes) that should not be subject when transported by unmanned 
highly automated air transportation systems?
    8. How can highly automated transportation systems comply with the 
notification and reporting requirements for hazardous materials 
incidents as specified in Sec.  175.31?
    9. How can highly automated transportation systems comply with 
current inspection requirements (e.g., Sec. Sec.  175.88, 175.90, for 
packages of hazardous materials)?

F. Vessel-Specific Questions

    1. How should PHMSA ensure highly automated transportation systems 
comply with the general requirements for the transportation of 
hazardous materials by vessel as outlined in Sec.  176.1?
    2. How can highly automated transportation systems meet the 
documentation requirements specified in Sec.  176.24, including the 
need for shipping papers, certificates, and dangerous cargo manifests?
    3. What specific stowage and segregation procedures should be 
adopted by highly automated transportation systems to comply with Sec.  
176.83?

G. Highway-Specific Questions

    1. How should PHMSA ensure highly automated transportation systems 
comply with the general requirements for the transportation of 
hazardous materials by highway as outlined in Sec.  177.800?
    2. When hazardous materials are transported using highly automated 
transportation systems, should PHMSA revise the requirements in Sec.  
177.817(e) that state that ``[a] driver of a motor vehicle containing 
hazardous material, and each carrier using such a vehicle, shall ensure 
that the shipping paper required by this section is readily available 
to, and recognizable by, authorities in the event of accident or 
inspection?'' If so, how?
    3. How would the implementation of highly automated transportation 
systems affect compliance with 49 CFR part 177, which includes specific 
operational requirements for hazardous materials transported by highway 
(e.g., loading/unloading, attendance, and incident reporting)?
    4. Are there specific provisions in 49 CFR part 177 that would be 
particularly burdensome for small businesses using highly automated 
transportation systems for the transportation of hazardous materials?
    5. What specific highway segregation requirements should be adopted 
by highly automated transportation systems to comply with Sec.  
177.848?

VII. Future Actions

    Following the publication of this ANPRM, PHMSA will carefully 
review and consider all public comments submitted to the docket. In 
addition to public input, PHMSA will incorporate its own insights, 
research, and findings to inform the development of a potential NPRM. 
Furthermore, PHMSA may explore the possibility of hosting a public 
meeting to gather additional data and stakeholder input, ensuring a 
comprehensive and well-informed regulatory proposal.

    Issued in Washington, DC, on December 2, 2025, under the 
authority delegated in 49 CFR 1.97.
William A. Quade,
Acting Associate Administrator for Hazardous Materials Safety, Pipeline 
and Hazardous Materials Safety Administration.
[FR Doc. 2025-21970 Filed 12-3-25; 8:45 am]
BILLING CODE 4910-60-P