[Federal Register Volume 91, Number 9 (Wednesday, January 14, 2026)]
[Rules and Regulations]
[Pages 1433-1447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-00578]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 178, and 180
[Docket No. PHMSA-2018-0080 (HM-265)]
RIN 2137-AF41
Hazardous Materials: Eliminating Unnecessary Regulatory Burdens
on Fuel Transportation
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation.
ACTION: Final rule.
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SUMMARY: PHMSA is adopting several amendments to the Hazardous
Materials Regulations to reduce unnecessary regulatory burdens
associated with the safe transportation of hazardous materials,
including energy products. These amendments will reduce costs for
hazardous materials transporters and eliminate unnecessary regulatory
burdens on fuel transportation while maintaining or increasing the
level of safety provided in the Hazardous Materials Regulations.
DATES:
Effective Date: This rule is effective February 13, 2026.
Voluntary Compliance Date: January 14, 2026.
Incorporation by Reference Date: The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Federal Register on February 13, 2026.
FOR FURTHER INFORMATION CONTACT: Alexander Wolcott, Standards and
Rulemaking Division, 202-366-8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
II. Incorporation by Reference Discussion Under 1 CFR Part 51
III. Identification Number Markings for Petroleum Distillate Fuels
A. Background
B. Action Taken in This Final Rule
C. Response to NPRM Comments
IV. Response to NPRM Comments on Other Final Rule Provisions
A. Electronic Submission of Cargo Tank Registration
B. The Chlorine Institute Publication
C. Exception From Security Awareness Training
D. Reflective Design of Uninsulated Cargo Tanks
E. Use of Video Cameras for Cargo Tank Inspections and Tests
V. Section-by-Section Review of Amendments
A. Section 107.502
B. Section 171.7
C. Section 172.303
D. Section 172.336
E. Section 172.704
F. Section 173.315
G. Section 178.337-1
H. Section 180.407
VI. Regulatory Analysis
A. Statutory/Legal Authority
B. Executive Order 12866 and Regulatory Planning and Review
C. Executive Orders 14192 and 14219
D. Executive Order 13132
E. Executive Order 13175
F. Regulatory Flexibility Act and Executive Order 13272
G. Paperwork Reduction Act
H. Unfunded Mandates Reform Act of 1995
I. National Environmental Policy Act: Environmental Assessment
J. Privacy Act
K. Executive Order 13609 and International Trade Analysis
L. National Technology Transfer and Advancement Act
M. Energy-Related Executive Orders 13211, 14154, and 14156
N. Cybersecurity and Executive Order 14028
O. Severability
I. Executive Summary
PHMSA is adopting several amendments proposed in the HM-265 notice
of proposed rulemaking (NPRM) titled Hazardous Materials: Advancing
Safety of Highway, Rail, and Vessel Transportation.\1\ These amendments
will reduce costs and eliminate unnecessary regulatory burdens on the
transportation of hazardous materials, including energy products, while
maintaining the current level of safety provided by the Hazardous
Materials Regulations (HMR; 49 CFR parts 171-180). The amendments
adopted in this final rule are:
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\1\ 89 FR 85590 (Oct. 28, 2024).
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In part 107, subpart F, revise the cargo tank facility
registration requirements to allow for electronic submission
procedures.
In section 171.7, replace the current incorporation by
reference of Chlorine Institute (CI) drawings in paragraphs (l)(3) and
(l)(4) with the entire CI Pamphlet 49, Recommended Practices for
Handling Chlorine Bulk Highway Transports, which provides guidelines
for the safe transportation of chlorine by highway. The updated
incorporation by reference includes the use of the Midland Type
pressure relief device (PRD) for cargo tanks transporting chlorine as
referenced in updated section 173.315.
In section 172.336, revise the marking requirements for
multiple petroleum distillate fuels to allow the marking of the
identification number of the fuel with the lowest flash point
transported in the same or previous business day.
In section 172.704, include hazmat employees who only
manufacture packagings within the scope of the existing exception from
safety training. Further, remove the security awareness training
requirement for any hazmat employees who only perform hazmat activities
related to packagings (e.g., employees who manufacture, repair, modify,
recondition, or test packagings,
[[Page 1434]]
and do not offer for transportation or transport hazardous materials in
commerce).
In section 178.337-1(d), allow the use of external
coverings other than paint that meet reflectivity requirements for
Cargo Tank Motor Vehicles (CTMVs).
In section 180.407(a)(7), allow the use of video cameras
or video optics equipment for cargo tank inspections or tests.
PHMSA included several other proposals in the NPRM that are not
being advanced in this final rule. The proposals included, among other
things, amendments to the HMR to address 2017 Rail Safety Advisory
Committee (RSAC) consensus recommendations; the Association of American
Railroads' (AAR) delegated authority to approve tank car designs and
tank car facility quality assurance programs; revisions to the
construction and qualification of highway CTMVs; revisions to improve
the safe transport of hazardous materials by vessel; and other multi-
modal provisions. PHMSA is continuing to evaluate the merits of these
proposals and may publish another final rule at a later date.\2\
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\2\ In response to the NPRM, PHMSA received 37 sets of
comments--of which only nine are relevant to the issues included in
this final rule. Only those nine comments relevant to the topics
addressed in this final rule will be discussed in this final rule.
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The amendments adopted in this final rule provide substantial cost
savings by reducing unnecessary burdens on the transportation of
petroleum distillate fuels, such as gasoline and diesel fuel, by motor
carriers. This final rule also provides cost savings to the hazardous
materials packaging industry by removing an unnecessary training
requirement and adopting measures allowing the use of technologies that
introduce efficiencies for cargo tank tests and inspections. Together,
the amendments adopted in this final rule provide a quantified cost
savings of approximately $145.3 million per year, while also providing
qualitative benefits to energy transportation through greater
regulatory flexibility for cargo tank owners and cargo tank facility
operators.
II. Incorporation by Reference Discussion Under 1 CFR Part 51
PHMSA currently incorporates by reference into the HMR all or parts
of numerous standards and specifications developed and published by
standards development organizations (SDO). In general, SDOs accredited
as voluntary consensus standards bodies develop, establish, or
coordinate technical standards using agreed-upon procedures and update
and revise their published standards every two to five years to reflect
modern technology and best technical practices. The National Technology
Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104-113) directs
Federal agencies to use standards developed by voluntary consensus
standards bodies in lieu of government-written standards whenever
possible. The Office of Management and Budget (OMB) issued Circular A-
119, Federal Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment Activities,\3\ to
implement section 12(d) of the NTTAA relative to the utilization of
consensus technical standards by Federal agencies. This circular
provides guidance for agencies participating in voluntary consensus
standards bodies and describes procedures for satisfying the reporting
requirements in the NTTAA.
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\3\ 81 FR 4673 (Jan. 27, 2016).
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PHMSA is responsible for determining which standards currently
referenced in the HMR should be updated, revised, or removed, and which
standards should be added to the HMR, under the NTTAA and OMB Circular
A-119. Revisions to materials incorporated by reference in the HMR are
handled via the rulemaking process, which allows for the public and
regulated entities to provide input. During the rulemaking process,
PHMSA must also obtain approval from the Office of the Federal Register
to incorporate by reference any new materials. The Office of the
Federal Register issued a rulemaking \4\ that revised 1 CFR 51.5 to
require that an agency detail in the preamble of a rulemaking the ways
the materials it proposes to incorporate by reference are reasonably
available to interested parties, or how the agency worked to make those
materials reasonably available to interested parties. Changes to the
material incorporated by reference in the HMR are detailed in the
section 171.7 discussion in ``Section V. Section-by-Section Review of
Amendments.''
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\4\ See ``Incorporation by Reference,'' 79 FR 66267, 66278 (Nov.
7, 2014).
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In this final rule, PHMSA incorporates by reference the CI Pamphlet
49 in its entirety, rather than incorporating individual valve design
drawings from the document as was done in the past. This authorizes an
additional pressure relief valve design for cargo tanks in chlorine
service. PHMSA has reviewed Pamphlet 49, including the valve design
drawing mentioned, and found this new valve meets PHMSA's safety
standards, and that incorporating this document by reference into the
HMR will not reduce safety but instead will allow more flexibility for
CTMV owners and operators.
The Chlorine institute sells their standards one their website. The
edition of the Pamphlet 49 incorporated by reference in this final rule
can be obtained by contacting the Chlorine Institute bookstore by phone
at (703) 894-4140, by email at [email protected], or at their contact page
at https://www.chlorineinstitute.org/contact-us.
III. Identification Number Markings for Petroleum Distillate Fuels
A. Background
The HMR require bulk packages containing hazardous materials to be
marked with the identification number assigned to the hazardous
material contained in the package--see section 172.302. This
requirement is often met by displaying the required identification
number inside the hazard class placard that is also displayed on the
bulk package--see section 172.332(c) and (d). The requirement to mark
the identification number on a cargo tank may also be met by using an
orange panel or white square-on-point--see sections 172.328,
172.332(b), and 172.336(b), respectively.
The Hazardous Materials Table (HMT) in section 172.101 contains
hundreds of identification numbers for flammable liquids. Flammable
liquids, also known as Class 3 materials, are defined as liquids that
have a flash point less than or equal to 60 [deg]C (140 [deg]F)--see
section 173.120(a). Flash point means the minimum temperature at which
a liquid gives off vapor within a test vessel in sufficient
concentration to form an ignitable mixture with air near the surface of
the liquid--see section 173.120(c). Generally, liquids with a lower
flash point present a greater relative hazard than those with higher
flash points because they can ignite at lower temperatures.
Many of the fuels Americans rely on to power their cars, trucks,
and boats, and to heat their homes are flammable liquids derived from
the distillation of crude oil.\5\ These fuels, which include gasoline
(UN1203), kerosene (UN1223), diesel fuel (NA1993/UN1202), and fuel oil
(NA1993), are commonly referred to
[[Page 1435]]
as ``petroleum distillate fuels.'' Gasoline has a flash point of -45
[deg]C (-49 [deg]F) \6\ compared to 52 [deg]C (126 [deg]F) for diesel
fuel,\7\ 37.8 [deg]C (100 [deg]F) for kerosene, and 38 [deg]C (100.4
[deg]F) \8\ to 58 [deg]C (136 [deg]F) \9\ for fuel oil. It is not
uncommon for a CTMV in fuel delivery service to deliver multiple types
of fuel requiring different identification numbers in a single day's
operation--for instance, delivering gasoline on one trip, and diesel
fuel on the next.
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\5\ The distillation process separates crude oil into its
component hydrocarbons. During distillation, crude oil is heated,
with different refined products recovered as the boil temperature is
gradually increased. See U.S. Energy Information Administration,
Crude Oil Distillation and the Definition of Refinery Capacity (July
5, 2012), available at: https://www.eia.gov/todayinenergy/detail.php?id=6970#.
\6\ The National Institute for Occupational Safety and Health
(NIOSH) (Oct. 30, 2019), available at: https://www.cdc.gov/niosh/npg/npgd0299.html.
\7\ Occupational Safety and Health Administration (OSHA),
Chemical Data (Dec. 28, 2020), available at: https://www.osha.gov/chemicaldata/909.
\8\ U.S. Energy Information Administration, available at:
https://www.eia.gov/tools/glossary/index.php?id=Kerosene.
\9\ National Library of Medicine, available at: https://www.ncbi.nlm.nih.gov/books/NBK594686/table/ch3.tab3/.
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PHMSA's Emergency Response Guidebook (ERG) provides the same
initial emergency response instructions for all petroleum distillate
fuels-see Guide 128.\10\ Because the initial emergency response
instructions are the same, PHMSA proposed allowing cargo tanks to
display the identification number of the petroleum distillate fuel with
the lowest flash point transported in the cargo tank in the HM-265
NPRM. As discussed in more detail below, this proposal is aligned with
regulatory history and the original intent of the provisions when they
were first added to the HMR.
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\10\ PHMSA, Emergency Response Guidebook (2024), available at:
https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-04/ERG2024-Eng-Web-a.pdf.
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1. HM-118
In the HM-118 final rule \11\ titled Identification Numbers,
Hazardous Wastes, Hazardous Substances, International Descriptions,
Improved Descriptions, Forbidden Materials, and Organic Peroxides, the
Research and Special Programs Administration (RSPA)--PHMSA's
predecessor agency--amended the requirements in section 172.336 to
allow the identification number of the lowest flash point fuel
transported in a cargo tank to be displayed during shipment. RSPA
adopted this amendment in section 172.336(c)(5) ``to eliminate the need
for continuous changes in identification numbers in many operations
where gasoline and fuel oil are transported in the same cargo tank on
different trips during the same day.'' \12\ This amendment remained in
place for more than 30 years until PHMSA inadvertently eliminated the
provision in a subsequent final rule.
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\11\ 45 FR 74640 (Nov. 10, 1980).
\12\ 45 FR 74640, 74647 (Nov. 10, 1980).
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2. HM-219
In 2013, PHMSA published another final rule titled Hazardous
Materials: Miscellaneous Petitions for Rulemaking (RRR) (HM-219).\13\
In HM-219, PHMSA replaced sections 172.336(c)(1)-(6) with a table to
``more clearly indicate hazard communication requirements.'' \14\ In
the new table, PHMSA added paragraphs (c)(1)-(3) and (c)(6) as
individual entries but consolidated the language in paragraphs (c)(4)
and (5) into a single entry. PHMSA did not intend to change the
original intent of paragraphs (c)(4) and (5) in consolidating these
provisions, but the language used in the new table had that effect.
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\13\ 78 FR 14702 (Mar. 7, 2013).
\14\ 78 FR 14702, 14707 (Mar. 7, 2013).
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3. 2016 PIPES Act
In 2016, Congress passed a statute addressing the identification
number marking requirements for petroleum distillate fuels.
Specifically, in the Protecting our Infrastructure of Pipelines and
Enhancing Safety Act of 2016 (2016 PIPES Act),\15\ Congress included a
mandate stating that, ``[n]ot later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall issue an
[ANPRM] to take public comment on the petition for rulemaking dated
October 28, 2015, titled `Corrections to Title 49 CFR 172.336
Identification numbers; special provisions' (P-1667).'' The rulemaking
petition referenced in the mandate (P-1667 \16\)--and an additional
petition (P-1668 \17\)--had been filed after PHMSA inadvertently
altered the identification number marking requirements for petroleum
distillate fuels in HM-219.
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\15\ 49 U.S.C. 60101.
\16\ See petition for rulemaking P-1667, available at: https://www.regulations.gov/document/PHMSA-2015-0219-0001.
\17\ See petition for rulemaking P-1668, available at: https://www.regulations.gov/document/PHMSA-2015-0251-0001.
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4. HM-213E
Shortly after the passage of the 2016 PIPES Act, PHMSA published
the advance notice of proposed rulemaking (ANPRM) titled Hazardous
Materials: PIPES Act Requirements for Identification Numbers on Cargo
Tanks Containing Petroleum Based Fuel (HM -213E).\18\ The central issue
addressed in the HM-213E ANPRM was whether a CTMV transporting
different types of petroleum distillate fuels (e.g., gasoline, diesel
fuel, kerosene, and fuel oil) over the course of multiple trips should
be permitted to display the identification number of the fuel with the
lowest flash point previously transported, even when that fuel is not
currently contained in the cargo tank (e.g., display ``1203''--the
identification number for gasoline--when the cargo tank contains only
diesel fuel on that trip).\19\
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\18\ 81 FR 83190 (Nov. 21, 2016).
\19\ The HM-265 NPRM includes a discussion of comments received
in response to the HM-213E ANPRM because certain portions of the HM-
213E rulemaking were incorporated into this HM-265 rulemaking.
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PHMSA received 14 sets of comments to the HM-213E ANPRM, split
between those supporting the provisions allowing the display of the
identification number of the fuel with the lowest flash point
previously transported, and those opposed. PHMSA received no specific
information describing actual instances in which the marking exception
led to increased risks in transportation.\20\
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\20\ Please see the HM-265 NPRM's discussion of the HM-213E
ANPRM comments for details on the commenters, comments, and PHMSA's
responses. 89 FR at 85599.
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5. DOT-SP 21104
After publishing the HM-213E ANPRM, PHMSA issued Department of
Transportation (DOT) Special Permit (SP) 21104 \21\ on November 11,
2020. DOT-SP 21104, as further modified on February 26, 2021, allows
for the transportation of gasoline, diesel fuel, kerosene, and fuel oil
in a CTMV marked with the identification number ``1203'' provided
gasoline, which has the lowest flash point of the fuels listed, had
been transported in the cargo tank during the previous or current
business day. DOT-SP 21104 has been in place for almost five years, and
PHMSA is not aware of any safety issues associated with its use.
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\21\ See DOT-SP 21104, available at: https://www.phmsa.dot.gov/hazmat/documents/offer/SP21104.pdf/2021014464/SP21104.
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6. HM-265
Consistent with the rulemaking history and requirements in DOT-SP
21104, PHMSA proposed to reinstate the original exception to the
identification number marking requirements for petroleum distillate
fuels in HM-265. PHMSA estimated that this amendment would generate
cost savings of $145.3 million per year in 2024 dollars, primarily in
time savings for petroleum distillate fuel carriers who would no longer
be required to change the identification number displayed on their
vehicle as frequently. Note that gasoline and ethanol blends that
contain more than 10 percent ethanol have different physical properties
and may require the
[[Page 1436]]
application of different types of fire suppression foam. Therefore,
these fuels, including ``UN3475, Ethanol and gasoline mixture or
Ethanol and motor spirit mixture or Ethanol and petrol mixture, with
more than 10% ethanol, 3, PGII'' and ``UN1987, Alcohols, n.o.s., 3, PG
I, II or III'' are not included in this marking provision. The ID
numbers ``UN3475'' and ``UN1987'' must be displayed if those products
are contained in the packaging and may not be displayed if the products
are not contained in the packaging.
B. Action Taken in This Final Rule
PHMSA is adopting the amendments as proposed.
C. Response to NPRM Comments
PHMSA received nine sets of comments addressing the proposal to
authorize cargo tanks and tank cars to display the identification
number of the petroleum distillate fuel with the lowest flash point
transported on that day or the previous business day. The following
table identifies each of these commenters and the unique docket
identifier for their comment.
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Commenter Comment identifier
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International Association of Fire Fighters PHMSA-2018-0080-0008
(IAFF).
Kansas Highway Patrol (KHP).................. PHMSA-2018-0080-0010
Commercial Vehicle Safety Alliance (CVSA).... PHMSA-2018-0080-0019
Dangerous Goods Advisory Council (DGAC)...... PHMSA-2018-0080-0023
United States Representative Pete Stauber.... PHMSA-2018-0080-0024
The Dow Chemical Company..................... PHMSA-2018-0080-0026
The Passenger Vessel Association (PVA)....... PHMSA-2018-0080-0031
Energy Marketers of America (EMA)............ PHMSA-2018-0080-0033
International Association of Fire Chiefs PHMSA-2018-0080-0041
(IAFC).
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PHMSA received supportive comments from United States
Representative Pete Stauber, EMA, Dow Chemical Company, and DGAC. PHMSA
received opposing comments from the IAFF, IAFC, CVSA, PVA, and KHP.
Both sets of comments are summarized and addressed below.
1. Supportive Stakeholder Comments for This Provision
PHMSA received supportive comments from Representative Pete
Stauber, EMA, Dow Chemical Company, and DGAC. Dow Chemical Company and
DGAC expressed general support for proposed markings for petroleum
distillate fuels changes, while Rep. Pete Stauber and EMA provided more
detailed comments.
Specifically, Rep. Pete Stauber accurately noted that the proposed
amendment restores a previously authorized exception in the HMR.
Shippers that transported diesel fuel, heating oil, and gasoline in
separate loads were allowed to affix permanent placards with the
``UN1203'' marking to their CTMVs rather than changing the placard with
each subsequent load of a different material. Rep. Pete Stauber also
presented information from his constituents indicating that the cost of
complying with the current marking requirements is up to $800 per
truck.\22\ Rep. Pete Stauber presented information from local fire
chiefs as well, most of whom provided feedback agreeing that in their
firefighting operations they respond the same way with the same type of
foam, regardless of whether the placard is marked as 1203 or 1993.
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\22\ This estimate did not include potential penalties or red
tagging from marking errors, when compared to the previously
permissible marking requirements.
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EMA supported the proposed change to section 172.336(c), stating
that removing the requirement to change identification numbers with
each load when hauling multiple fuels of differing flashpoints in
alternating trips provides meaningful economic benefits without
reducing the margin of safety. Similar to other commenters, EMA noted
that the proposed practice of marking the lowest flashpoint materials
transported on a CTMV was previously allowed. Industry consistently
used the identification number with the lowest flash point (typically
gasoline) for alternating straight loads involving diesel fuel. EMA
added that there were no recorded safety concerns with this practice.
Since the removal of the prior identification number marking exception,
energy marketers have had to implement inefficient workarounds, such as
load sequencing or running diesel shipments with one empty compartment
containing gasoline residue. EMA noted that these practices are
burdensome, inefficient, and costly, and eliminating such
inefficiencies, as proposed in the NPRM, will produce tangible cost
savings across thousands of cargo tank operations.\23\
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\23\ EMA also requested that PHMSA expand this marking exception
to petroleum distillate fuels with up to 15 percent ethanol content.
Petroleum distillate fuels with more than 10 percent ethanol are
water-miscible materials, while those 10 percent or below are water-
immiscible materials. These two categories are separate entries in
the ERG and responders need to treat them differently, including
using different categories of firefighting foam. Expanding the
marking exception beyond what was proposed in the NPRM would reduce
safety and potentially put first responders at unnecessary risk. For
these reasons PHMSA will not be moving forward with this request.
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2. Stakeholder Concerns With Emergency Response Efforts
PHMSA received several comments indicating concern with the
proposed changes regarding the marking of CTMVs containing petroleum
distillate fuels, including comments from IAFF, IAFC, CVSA, PVA, and
KHP. In its comments, IAFF stated that PHMSA's proposal would
intentionally create discrepancies between a vehicle's placarding and
the contents of the cargo tank. In addition, IAFF stated that failure
to disclose all hazardous contents will result in firefighters and
other responders following incorrect emergency response procedures.
IAFF provided hypothetical operational examples, including a situation
where a cargo tank marked ``UN1203'' (gasoline) is involved in a fire
or spill, noting that it could cause firefighters to assume they are
dealing with gasoline, which has a low flash point and can ignite
easily. According to IAFF, if the tank instead contains diesel (UN1202
or NA1993), which requires higher temperatures for ignition,
firefighters may misinterpret the absence of fire as an indication of
safety. IAFF further stated that this false sense of security could
delay deploying suppression agents tailored specifically for diesel.
IAFF also described a scenario with multi-compartmented cargo tanks
transporting multiple fuels on separate trips, suggesting that relying
on the identification number of the lowest flash point fuel--without
clarity on the actual contents at the time of the incident--could lead
to confusion
[[Page 1437]]
among emergency responders. According to IAFF, this confusion could
delay critical containment actions and increase the risk of errors in
evacuation and decontamination procedures. Lastly, IAFF claimed that
using water-based agents, which are effective for gasoline fires, but
not for diesel spills, could exacerbate emergency incidents.
In its comments, KHP shared views similar to IAFF, stating that
while UN1203 and NA1993 direct emergency responders to the same ERG
response procedure, it is important to remember that the ERG is for use
by first responders during the initial phase of a transportation
incident involving hazardous materials.
The IAFC comments also shared concerns about emergency responders,
stating that PHMSA's proposal aims to simplify processes for shippers
but overlooks bill of lading requirements (i.e., shipping paper
requirements). IAFC maintained that the different information provided
on the shipping paper and the vehicle marking creates confusion for
first responders. As described above, IAFC stated that correct markings
are necessary when formulating a proper emergency response action plan
and, in their view, the rule would have an overall negative impact on
first responders.
Finally, PVA echoed IAFF's concerns, stating that vessel operators
transporting fuels via tank truck or trailer must be able to identify
quickly the contents to respond effectively to an onboard emergency.
PVA was concerned this proposal could impede crew members' ability to
serve as first responders when a shipment is underway or at the dock.
PHMSA Response to Stakeholder Concerns With Emergency Response Efforts
PHMSA acknowledges the commenters' concerns regarding markings for
petroleum distillate fuels and the importance of those markings to
emergency responders. As noted in the NPRM, for NA1993, UN1202, UN1203,
UN1223, and other petroleum distillate fuels, the ERG directs the
reader to the same guide page for initial emergency response
instructions. The ERG is designed to aid emergency responders in their
initial response to transportation incidents involving hazardous
materials and groups materials with similar hazards and properties into
specific ``guides.'' In the case of petroleum distillate fuels, all
relevant UN numbers direct the reader to Guide 128, meaning that all
petroleum distillate fuels have identical initial response procedures.
As mentioned by some commentors, marking and placarding of the
transport vehicle is not the only form of hazardous materials
communications that first responders have available to rely on. The HMR
also require carriers to maintain a shipping paper onboard the vehicle
which provides the proper shipping name, identification number, and
hazard class, among other information, of the materials onboard the
vehicle. First responders will, in most cases, refer to that document
to confirm the specific material involved.
PHMSA is unaware of any fire suppression foams that are
specifically tailored for diesel fuel rather than gasoline. For
example, readily available literature from a trade association \24\
that represents manufacturers of fire suppression equipment, and the
State of Tennessee,\25\ indicates that Class B foam--both polar and
non-polar formulations--is effective in fighting fires caused by non-
polar hydrocarbon fuels, like gasoline and diesel fuel. Using this type
of foam, or a similar one, could address any concerns emergency
responders might have about the exact contents of the tank. In
contrast, there are foams specifically tailored for high-ethanol
content gasoline--gasoline with more than 10 percent ethanol. However,
PHMSA has specifically excluded ``UN3475, Ethanol and gasoline mixture
or Ethanol and motor spirit mixture or Ethanol and petrol mixture, with
more than 10 percent ethanol, 3, PGII'' from this marking exception
because of the different fire suppression media required for this type
of material. PHMSA believes that any risks and burdens to emergency
responders raised by the commenters' hypothetical scenarios are minimal
and can be mitigated--if not completely eliminated--by responding to
incidents involving petroleum distillate fuels as highly flammable
materials.
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\24\ See, e.g., Fire Apparatus Manufacturers' Association, The
A's and B's of Foam of Foam Concentrate and Delivery Systems (Mar.
1, 2019), available at: https://www.fama.org/forum_articles/the-as-and-bs-of-foam-of-foam-concentrate-and-delivery-systems/.
\25\ State of Tennessee, available at: https://www.tn.gov/content/dam/tn/commerce/documents/tfaca/quick_skills_training/QS_Foam_edited.pdf.
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As previously discussed in the NPRM, the flexibility allowed for
markings for petroleum distillate fuels was previously permissible
under the HMR. For approximately 33 years, from the publication of HM-
118 \26\ in 1980 until the publication of HM-219 \27\ in 2013, the HMR
allowed a cargo tank transporting more than one petroleum distillate
fuel in different trips to display the identification number for the
petroleum distillate fuel with the lowest flash point. In that time
frame, PHMSA is unaware of any increase in the number of hazardous
materials incidents involving petroleum distillate fuels and resulting
in injuries to first responders. Similarly, since the unintentional
removal of the exception in the HM-219 final rule, PHMSA is unaware of
any decrease in hazardous materials incidents involving petroleum
distillate fuels and resulting in injuries to first responders.
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\26\ 45 FR 74640 (Nov. 10, 1980).
\27\ 78 FR 14702 (Mar. 7, 2013).
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3. Stakeholder Concerns With Enforcement
The comments from the KHP expressed opposition to the proposed
change to section 172.336 for petroleum distillate fuels from a law
enforcement perspective. The KHP stated that the new marking provision
will create unnecessary burdens on law enforcement by requiring law
enforcement to decipher what the tank was hauling on the previous
business day, which, depending on the day of the week, could have been
several days prior. The KHP went on to provide an example of an
extended holiday weekend where the previous business day was four days
prior. According to the KHP, it is typical for a truck driver not to
know the previous contents of the tank for various reasons, such as the
vehicle was driven by someone else on the previous business day or the
driver just picked up the tank as a contracted carrier.
The KHP further stated that this uncertainty by the driver would
lead to increased roadside inspection times and significantly hinder
the officer from performing his or her duty because commercial vehicle
inspectors must be certain of violations before recording them on an
inspection report. The KHP continued that if the inspector is wrong in
writing up the carrier, it may result in the carrier being erroneously
taken out of service, in addition to the costs associated with
reversing the citation, including personnel time to remove violations,
dismiss citations, or even refund civil penalties.
Finally, the KHP pointed to a potential conflict with CVSA's out of
service criteria, which direct law enforcement to take a vehicle marked
with identification number(s) for material(s) that are not present on
the vehicle out of service. The commenter notes that CVSA inspection
bulletin
[[Page 1438]]
#2022-06 \28\ states placards must accurately communicate the hazardous
materials transported on the vehicle.
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\28\ Commercial Vehicle Safety Alliance, Inspection Bulletin:
2022-06--Placards on Flammable and Combustible Liquids (Dec. 14,
2022), https://cvsa.org/wp-content/uploads/2022-06-Inspection-Bulletin.pdf.
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CVSA, the organization that KHP referenced in its comment, also
submitted comments on the topic of enforcement. CVSA stated that both
industry and enforcement personnel have adapted to the current marking
requirements in place and a change at this point would be costly to
implement, as both enforcement and industry personnel would have to be
retrained. CVSA did not support making the proposed change at this time
given what it perceives as the potential risk to first responders
associated with the change and the fact that industry has largely
adjusted to the status quo of often-frequent placard changes.
PHMSA Response to Stakeholder Concerns With Enforcement
As PHMSA stated in the NPRM, law enforcement personnel may use
shipping paper records to determine whether a cargo tank was used to
transport petroleum distillate fuel with a lower flashpoint than the
fuel currently onboard the previous business day. And while there may
be scenarios where this change could impose an additional burden on law
enforcement personnel, PHMSA is confident that petroleum distillate
fuel transporters will have access to the information necessary to
assist investigators in making appropriate determinations of
compliance.
In response to the KHP's concerns regarding extended roadside
inspection times and potential for incorrect citations, PHMSA expects
investigators and law enforcement officers to familiarize themselves
promptly with the identification number marking requirements for
petroleum distillate fuels. As PHMSA expressed in the NPRM, and
elsewhere in this rulemaking, the initial emergency response
instructions for petroleum distillate fuels are the same, should an
incident occur.
4. Stakeholder Concerns With Training
The KHP stated that from an instructor's standpoint it is much
easier to explain to students that the operator of a CTMV must display
identification numbers for the material currently onboard. The KHP
further stated that it is difficult for a new student to understand how
a CTMV can display an identification number for a material that is not
present on the vehicle and will be particularly difficult for students
to grasp after listening to instructors spend considerable time in the
classroom emphasizing that a vehicle must not display an identification
number for a material it is not carrying.
PHMSA Response to Stakeholder Concerns With Training
PHMSA appreciates the comments regarding training challenges for
inspectors and law enforcement, but notes that this concern is not
unique as PHMSA continuously updates the HMR with new rules on a
regular basis. While the HMR generally states that no one may represent
through hazard communication that a hazardous material is present in
the package, motor vehicle, freight container, or other packaging if
the hazardous material is not present, it is not uncommon for PHMSA to
provide exceptions from general requirements if economic benefits can
be produced while minimizing or limiting any potential negative safety
impact. For example, a hazardous material that meets the general
classification criteria for a flammable liquid may be reclassed and
transported as a combustible liquid under certain conditions. In this
specific case, the costs of constantly changing the identification
number marking for each different petroleum distillate fuel having the
same hazard and requiring the same response in case of emergency
substantially outweighs the benefit of maintaining each marking and can
be done while maintaining safety. Any change PHMSA makes requires
shippers, offerors, first responders, and others in the hazardous
materials industry to stay up-to-date with the latest regulations,
including updating any trainings that may no longer be accurate.
5. Stakeholder Concerns With Exposure and Personal Protection Equipment
The IAFF comments also address concerns about potential exposure
issues, having claimed that firefighters adjust their personal
protection equipment (PPE) based on the anticipated hazards of the
material involved in a given incident. The IAFF claimed that incorrect
identification of the specific hazardous material involved in an
incident can result in insufficient PPE, increasing the risk of
chemical exposure, thermal burns, or inhalation of toxic fumes if the
substances differ significantly from the identification number
indicated on the vehicle. For instance, the IAFF asserted that diesel
(UN1202) presents different exposure risks compared to gasoline, but
that both might be marked as ``UN1203'' under the proposed rule, which
could lead to inadequate protective measures.
PHMSA Response to Stakeholder Concerns With Exposure and PPE
While PHMSA does not regulate the uses of or specifications for
PPE, PHMSA is unaware of any meaningful differences in PPE requirements
for incidents involving the various petroleum distillate fuels. In
reviewing several publicly available safety data sheets for various
petroleum distillate fuels, PHMSA has found no meaningful variation
between the different materials in terms of recommended PPE. While
safety data sheets for the same identification numbers can vary
depending on the manufacturer, the safety data sheets reviewed by
PHMSA, such as those for Marathon Petroleum Corporation, for diesel and
gasoline produced by the same company generally included identical PPE
recommendations. Furthermore, as previously discussed in this final
rule, PHMSA's ERG provides the same initial emergency response
instructions for all petroleum distillate fuels, including recommended
protective clothing--see Guide 128.\29\ The ERG instructs that
regardless of the type of petroleum distillate fuel involved, first
responders should equip themselves with: (1) a positive pressure self-
contained breathing apparatus (SCBA); and (2) structural firefighters'
protective clothing that provides thermal protection. Provided that
emergency responders are prepared for an incident involving a petroleum
distillate fuel, the initial emergency response instructions for the
marked material should be effective and have no detrimental safety
impact until the actual material is determined.
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\29\ PHMSA, Emergency Response Guidebook (2024), available at:
https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-04/ERG2024-Eng-Web-a.pdf.
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IV. Response to NPRM Comments on the Other Final Rule Provisions
PHMSA received limited comments on the other topics addressed in
this final rule. These comments are addressed in this section.
A. Electronic Submission of Cargo Tank Facility Registration
PHMSA proposed to revise paragraph section 107.502(d) to include a
reference to the electronic method for submitting registration
statements. One commenter noted that allowing electronic submission of
cargo tank registration statements could pose cybersecurity risks due
to the data being collected via
[[Page 1439]]
an online portal as opposed to physical media.\30\ PHMSA appreciates
the comment and notes that the Federal Motor Carrier Safety
Administration (FMCSA) already has security measures in place to store
electronic data safely on more than 750,000 active motor carriers and
millions of drivers. The same security measures cover the electronic
acceptance and storage of cargo tank facility registration statements.
PHMSA is not aware of any instances where FMCSA's data security
protection measures have failed. Having received no other comments,
PHMSA is adopting this change as proposed.
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\30\ See rulemaking docket, available at: https://www.regulations.gov/comment/PHMSA-2018-0080-0004.
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B. The Chlorine Institute Publication
PHMSA proposed to revise section 171.7 to replace the current
incorporation by reference of CI drawings for PRDs found in section
171.7(l)(3) and (l)(4) with the entire CI Pamphlet 49 titled,
Recommended Practices for Handling Chlorine Bulk Highway Transports in
section 171.7(l)(3). CI Pamphlet 49 includes the use of the Midland
Type PRD for chlorine cargo tanks in addition to those already
permitted in section 173.315. CI provided comments in support of
PHMSA's proposal to adopt CI Pamphlet 49 and reference the standard in
section 173.315(i)(13).\31\ PHMSA did not receive any other comments on
this proposal.
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\31\ CI previously submitted a petition for rulemaking (P-1712)
to update the incorporation by reference of Pamphlet 49 to the 2016
version. However, since CI submitted petition P-1712, Pamphlet 49
has been updated to a more current version. In its comment, CI
recommends that PHMSA incorporate by reference Edition 11 (2022)
instead of Edition 10 (2016).
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Updating the incorporation by reference of Pamphlet 49 to the 2022
version is beyond the scope of this rulemaking. CI may submit a
petition for rulemaking to further update the incorporation by
reference of Pamphlet 49. Therefore, PHMSA is adopting the revision to
incorporate by reference the 2016 version of Pamphlet 49 as proposed.
C. Exception From Security Awareness Training
PHMSA proposed to revise section 172.704(a)(4) to include hazmat
employees who only manufacture packagings in the current exception from
safety training. Further, PHMSA proposed to except any hazmat employees
who only perform hazmat activities related to packagings (e.g.,
employees who manufacture, repair, modify, recondition, or test
packagings, and do not offer for transportation or transport hazardous
materials in commerce) from security awareness training as long as they
do not perform any other HMR function. PHMSA received no comments on
this proposal and is adopting the change as proposed. For more
information on this change please see the section-by-section review
discussion elsewhere in this document.
D. Reflective Design of Uninsulated Cargo Tanks
PHMSA proposed to modify the requirement in section 178.337-1(d)
for uninsulated cargo tanks to be painted, which would allow for the
use of alternative means of providing reflectivity such as a wrap or
cover. PHMSA received no comments on this proposal and is adopting the
change as proposed. For more information on this change please see the
section-by-section review discussion elsewhere in this document.
E. Use of Video Cameras for Cargo Tank Inspections and Tests
PHMSA proposed to allow for the use of video cameras or video
optics equipment for any cargo tank inspection or test. PHMSA received
no comments on this proposal and is adopting the change as proposed,
except that the provision is provided in paragraph (a)(7) rather than
(a)(8). For more information on this change please see the section-by-
section review discussion elsewhere in this document.
V. Section-by-Section Review of Amendments
A. Section 107.502
Section 107.502 contains the general registration requirements for
persons who engage in the manufacture, assembly, certification,
inspection, or repair of a cargo tank or CTMV manufactured under the
terms of a DOT specification or a special permit. PHMSA proposed to
revise paragraph (d) to clarify that persons registering with the
Department may submit their registration electronically through FMCSA's
existing online portal (https://portal.fmcsa.dot.gov/UrsRegistrationWizard/) or continue to mail a hard copy of their
registration statement to FMCSA. In this final rule, PHMSA is adopting
this revision as proposed.
B. Section 171.7
Section 171.7 contains the list of material incorporated by
reference into the HMR. PHMSA proposed to revise paragraphs (l)(3) and
(4) by incorporating by reference CI Pamphlet 49 (Edition 10 (2016)) in
its entirety, rather than incorporating by reference individual PRD
design drawings from the document. This has the effect of authorizing
the Midland Type A-14227-ML PRD design for cargo tanks used in chlorine
service. In this final rule, PHMSA is adopting the revision as
proposed.
C. Section 172.303
Section 172.303 contains prohibitions on the display of markings
that indicate that a specific hazardous material is present when that
material is not present in transportation. In response to comments,
PHMSA is adding an exception in (b)(4) to this general prohibition for
CTMVs that are marked in accordance with the petroleum distillate fuel
marking requirements adopted in section 172.336 in this rulemaking.
This amendment is a conforming amendment to the section 172.336 marking
exception that allows CTMVs to display the identification number of the
lowest flash point petroleum distillate fuel transported in the tank on
that day or the previous business day. This makes it clear to both
motor carriers and enforcement agencies that a CTMV is allowed to
display the identification number of the petroleum distillate fuel with
the lowest flash point transported in the current or previous business
day. In this final rule, PHMSA is adopting the revision as proposed.
D. Section 172.336
Section 172.336 outlines special provisions for the display of
identification numbers. PHMSA proposed to revise the section 172.336(c)
table, which provides scenarios where identification numbers are either
not required or an exception applies. The proposal added a sixth row to
Table 1 to Paragraph (c)--Identification Numbers Are Not Required, to
authorize the display of the identification number representing the
petroleum distillate fuel with the lowest flash point that is
transported in a cargo tank in different trips on the previous or
current business day. However, due to different emergency response
procedures, PHMSA also proposed the exception would not be applicable
when the cargo tank transported gasoline and alcohol fuel blends
consisting of more than 10 percent ethanol. This is consistent with the
current requirements in the fifth row of the table. Specifically, PHMSA
proposed that in this circumstance, the identification numbers ``3475''
or ``1987'' must also be displayed, as appropriate, and the cargo tank
may only display ``3475'' or ``1987'' when
[[Page 1440]]
the material is in the cargo tank. Therefore, if the liquid petroleum
distillate fuel with the lowest flash point transported in the cargo
tank in different trips on the previous or current business day was a
gasoline and alcohol fuel blend consisting of more than 10 percent
ethanol, and it is not being transported in the cargo tank currently,
``3475'' or ``1987'' may not be displayed on the cargo tank. In this
scenario, the cargo tank should display either the identification
number of the liquid petroleum distillate fuel with the next lowest
flash point transported in different trips on the previous or current
business day or the liquid petroleum distillate fuel that is currently
being transported.
PHMSA also proposed to specify that the exception in the fifth row
only applies to compartmented cargo tanks and compartmented tank cars.
This will distinguish clearly the fifth and sixth row exceptions. The
fifth row authorizes the display of the identification number of the
petroleum distillate fuel with the lowest flash point when the cargo
tank or tank car contains more than one petroleum distillate fuel. The
fifth-row exception is only possible when the cargo tank or the tank
car is compartmented--i.e., it has multiple compartments each with a
different petroleum distillate fuel. Therefore, PHMSA proposed to
remove the term ``cargo tank'' to indicate clearly the exception only
applies to ``compartmented cargo tanks or compartmented tank cars.'' In
this final rule, PHMSA is adopting the revisions to section 172.336 as
proposed. Refer to Section III. ``Identification Number Markings for
Petroleum Distillate Fuels'' for further discussion on this issue.
E. Section 172.704
Section 172.704 contains the training requirements for hazmat
employees. Currently, paragraph (e)(1) excepts from safety training
hazmat employees who only repair, modify, recondition, or test
packagings and who do not perform any other function in the HMR. PHMSA
proposed to also include hazmat employees who only manufacture
packagings. Further, PHMSA proposed to except these hazmat employees
from security awareness training. Security awareness training imposed
on hazmat employees who only manufacture, repair, modify, recondition,
or test packagings, and do not perform any other function subject to
the HMR, does not present the same security benefit as for those hazmat
employees who offer for transportation, transport, or handle hazardous
materials. In this final rule, PHMSA is adopting the revisions to
section 172.704(e)(1) as proposed.
F. Section 173.315
Section 173.315 describes the requirements for the transportation
of compressed gases in cargo tanks and portable tanks. Paragraph (i)
provides cargo tank and portable tank requirements for pressure relief
devices, with paragraph (i)(13) detailing the specifications for safety
relief valves on chlorine cargo tanks. PHMSA is revising section
173.315(i)(13) to replace the reference to specific PRD drawings with a
general reference to CI Pamphlet 49 for authorized safety relief
valves. This allows the use of the Midland PRD in addition to the
Crosby PRD on cargo tanks transporting inhalation hazards to provide
additional regulatory flexibility without reducing safety. In this
final rule, PHMSA is adopting the revision to section 173.315 as
proposed.
G. Section 178.337-1
Section 178.337-1 contains the general requirements applicable to
constructing an MC-331 cargo tank designed to transport compressed
gases. Paragraph (d) addresses the requirement for uninsulated tanks to
have a reflective metal surface or a reflecting color to limit heat
transfer to the contents in the tank. PHMSA proposed to remove the
requirement that the tank be ``painted'' to allow for the use of
reflective vinyl wraps or other innovative reflective coatings. In this
final rule, PHMSA is adopting the revision to section 178.337-1(d) as
proposed.
H. Section 180.407
Section 180.407 contains requirements for the periodic inspection
of CTMVs to qualify them for continued hazardous materials service.
PHMSA proposed to authorize, in a new paragraph (a)(7), the use of
video cameras and fiber optics equipment for any visual inspection
required for CTMVs in part 180, subpart E. In this final rule, PHMSA is
adopting the revision to section 180.407 as proposed. This revision
allows video cameras or fiber optics equipment to be used for visual
inspections, provided that all of the required areas and elements that
need to be tested or inspected can be viewed and evaluated in
accordance with part 180, subpart E.
VI. Regulatory Analysis
A. Statutory/Legal Authority
This final rule is published under the authority of Federal
Hazardous Materials Transportation Act (HMTA; 49 U.S.C. 5101-5127).
Section 5103(b) of the HMTA authorizes the Secretary of Transportation
to ``prescribe regulations for the safe transportation, including
security, of hazardous materials in intrastate, interstate, and foreign
commerce.'' The Secretary has delegated his authority as granted in the
HMTA to the PHMSA Administrator in 49 CFR 1.97(b).
B. Executive Order 12866; Regulatory Planning and Review
Executive Order (E.O.) 12866 (Regulatory Planning and Review), as
implemented by DOT Order 2100.6B (Policies and Procedures for
Rulemaking), requires agencies to regulate in the ``most cost-effective
manner,'' to make a ``reasoned determination that the benefits of the
intended regulation justify its costs,'' and to develop regulations
that ``impose the least burden on society.'' \32\ DOT Order 2100.6B
specifies that regulations should generally ``not be issued unless
their benefits are expected to exceed their costs.'' In arriving at
those conclusions, E.O. 12866 requires that agencies should consider
``both quantifiable measures . . . and qualitative measures of costs
and benefits that are difficult to quantify'' and ``maximize net
benefits . . . unless a statute requires another regulatory approach.''
E.O. 12866 also requires that ``agencies should assess all costs and
benefits of available regulatory alternatives, including the
alternative of not regulating.'' DOT Order 2100.6B directs that PHMSA
and other Operating Administrations must generally choose the ``least
costly regulatory alternative that achieves the relevant objectives''
unless required by law or compelling safety need.
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\32\ See also Dep't of Transportation, DOT Order 2100.7,
Ensuring Reliance Upon Sound Economic Analysis in Department of
Transportation Policies, Programs, and Activities (requiring DOT
rulemaking activities to be based on sound economic principles and
analysis supported by rigorous cost-benefit analysis).
---------------------------------------------------------------------------
E.O. 12866 and DOT Order 2100.6B also require that PHMSA submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) within the Executive Office of the
President's Office of Management and Budget (OMB) for review. This
action is a significant regulatory action that was submitted to OIRA
and OMB for review. Any changes made during E.O. 12866 review have been
documented in the docket. PHMSA prepared an analysis of the potential
costs and benefits associated with this action. This analysis,
Regulatory Impact Analysis for Hazardous Materials: Eliminating
[[Page 1441]]
Unnecessary Regulatory Burdens on Fuel Transportation (the ``RIA'') is
available in the docket.
C. Executive Orders 14192 and 14219
This final rule is an E.O. 14192 deregulatory action.\33\ PHMSA has
determined the total costs of the rule to the regulated community will
be less than zero and estimates annualized net benefits at a seven
percent discount rate of approximately $145.3 million per year. Details
on the costs, cost savings, and benefits of this rulemaking can be
found in the RIA, which is available in the public docket.
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\33\ 90 FR 9065 (Jan. 31, 2025).
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Overall, the revisions adopted in this rulemaking promote the
continued safe transportation of hazardous materials while producing a
net cost savings. Cost savings are derived from allowing the continued
display of the identification number of the lowest flash point fuel
transported in a cargo tank motor vehicle in the same or previous
business day. In addition, PHMSA finds this final rule does not
implicate any of the factors identified in section 2(a) of E.O. 14219
indicative of a regulation that is ``unlawful . . . [or] that
undermine[s] the national interest.'' \34\
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\34\ 90 FR 10583 (Feb. 19, 2025).
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D. Executive Order 13132
PHMSA analyzed this rulemaking in accordance with E.O. 13132
(Federalism) \35\ and the Presidential Memorandum (Preemption) that was
published in the Federal Register on May 22, 2009.\36\ E.O. 13132
requires agencies to assure meaningful and timely input by State and
local officials in the development of regulatory policies that may have
``substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.''
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\35\ 64 FR 43255 (Aug. 10, 1999).
\36\ 74 FR 24693 (May 22, 2009).
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This rulemaking may preempt State, local, and Native American tribe
requirements, but does not propose any regulation that has substantial
direct effects on the States, the relationship between the National
Government and the States, or the distribution of power and
responsibilities among the various levels of government.
The Federal Hazmat Law contains an express preemption provision, 49
U.S.C. 5125(b), that preempts State, local, and Tribal requirements on
certain covered subjects, unless the non-Federal requirements are
``substantively the same'' as the Federal requirements, including:
(1) Designation, description, and classification of hazardous
materials;
(2) Packing, repacking, handling, labeling, marking, and placarding
of hazardous materials;
(3) Preparation, execution, and use of shipping documents related
to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(4) Written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) Design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This rule addresses subject items (2) and (5) above, which are
covered subjects, and, therefore, non-Federal requirements that fail to
meet the ``substantively the same'' standard are vulnerable to
preemption under the Federal Hazmat Law. Moreover, PHMSA will continue
to make preemption determinations applicable to specific non-Federal
requirements on a case-by-case basis, using the obstacle, dual
compliance, and covered subjects tests provided in Federal Hazmat Law.
E. Executive Order 13175
This document was analyzed in accordance with the principles and
criteria contained in E.O. 13175 (Consultation and Coordination with
Indian Tribal Governments) and DOT Order 5301.1A (Department of
Transportation Tribal Consultation Policies and Procedures). Because
none of the changes in this final rule have Tribal implications or
impose substantial direct compliance costs on Indian Tribal
governments, the funding and consultation requirements of E.O. 13175 do
not apply. In addition, PHMSA notes that it received no comments from
Native American tribes.
F. Regulatory Flexibility Act and Executive Order 13272
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
agencies to consider whether a rulemaking would have a ``significant
economic impact on a substantial number of small entities'' to include
small businesses, small not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and small governmental jurisdictions with populations under 50,000
people. The Regulatory Flexibility Act directs agencies to establish
exceptions and differing compliance standards for small businesses,
where possible to do so and still meet the objectives of applicable
regulatory statutes. E.O. 13272 (Proper Consideration of Small Entities
in Agency Rulemaking) \37\ requires agencies to establish procedures
and policies to promote compliance with the Regulatory Flexibility Act
and to ``thoroughly review draft rules to assess and take appropriate
account of the potential impact'' of the rules on small businesses,
governmental jurisdictions, and small organizations. The DOT posts its
implementing guidance on a dedicated web page.\38\
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\37\ 67 FR 53461 (Aug. 16, 2002).
\38\ Dep't of Transportation, Rulemaking Requirements Related to
Small Entities (May 18, 2012), available at: https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities.
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This rulemaking has been developed in accordance with E.O. 13272
and DOT's procedures and policies to promote compliance with the
Regulatory Flexibility Act to ensure that potential impacts of draft
rules on small entities are properly considered. PHMSA has developed a
final regulatory flexibility analysis (RFA), which is included in the
docket. As detailed in the RFA, based on a query of FMCSA data and
Census Bureau data, trucking companies that haul hazardous materials
possess an average of 3.3 CTMVs. Assuming 85,658 CTMVs will be affected
by the placarding exemption (see Section 3.1.2 for data and
calculations), then a figure of 3.3 CTMVs per firm implies that 25,957
trucking companies will be impacted. Further, assuming the industry
structure of trucking companies hauling petroleum distillates mirrors
that of the trucking industry overall, we can conclude that 23,101
companies (i.e., 89 percent of 25,957) qualify as small businesses
affected by the placarding exemption. This final rule facilitates more
efficient movement of hazardous materials by highway and inspection of
hazardous materials packagings, while ensuring that safety is
maintained or enhanced. It applies to shippers and carriers of
hazardous materials as well as entities that inspect hazardous
materials packaging, some of whom are small entities. The changes
affected by this rule would relieve the regulatory burdens of U.S.
companies, including small entities, by removing costly requirements
that do not contribute to safety. Based on this information, PHMSA
expects to affect 25,957 small business with annualized cost savings
per small business of $5,603. As described in the FRFA section of the
accompanying RIA document (Section
[[Page 1442]]
4), PHMSA has assessed this cost against average industry revenue for
small trucking entities and concluded that it amounts to 1.22-1.27
percent of average small entity annual revenues. There is no set
threshold for determining what constitutes a significant impact, but a
rule of thumb used by many Agencies is impacts that are over 3 percent
of annual revenue are likely to be significant. Those above 1 percent
may be significant in certain instances but may not amount to a
significant impact. In this case impacts are close enough to the lower
bound that impacts on small entities are unlikely to be significant.
The changes are generally intended to provide regulatory flexibility
and cost savings to industry members, while increasing safety. The FRFA
asks Agencies to describe actions taken to minimize impacts on small
entities but in the context of deregulatory cost savings such a mandate
would tend to disadvantage small entities relative to large and implies
that beneficial impacts can be considered to be non-significant within
the context of the RFA. PHMSA did not receive comments on the
anticipated economic impacts to small entities and the RFA.
G. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.),
no person is required to respond to any information collection unless
it has been approved by OMB and displays a valid OMB control number.
Pursuant to 44 U.S.C Sec. 3506(c)(2)(B) and 5 CFR 1320.8(d), PHMSA
must provide interested members of the public and affected agencies an
opportunity to comment on information collection and recordkeeping
requests.
PHMSA has analyzed this final rule in accordance with the Paperwork
Reduction Act. PHMSA did not receive any comments regarding information
collections associated with the changes adopted in this final rule. In
addition, some information collections proposed in the NPRM were not
adopted in this final rule and are therefore excluded.
Requests for a copy of this information collection should be
directed to Steven Andrews, Office of Hazardous Materials Standards,
Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, 202-366-8553.
H. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et
seq.) requires agencies to assess the effects of Federal regulatory
action on State, local, or Tribal governments, and the private sector.
For any NPRM or final rule that includes a Federal mandate that may
result in the expenditure by State, local, and Tribal governments, or
by the private sector of $100 million or more in 1996 dollars in any
given year, an agency must prepare, amongst other things, a written
statement that qualitatively and quantitatively assesses the costs and
benefits of the Federal mandate.
This rulemaking does not impose unfunded mandates under UMRA. As
explained in the RIA, it is not expected to result in costs of $100
million or more in 1996 dollars on either State, local, or Tribal
governments, in the aggregate, or to the private sector in any one
year. This is the least burdensome alternative that achieves the
objective of the rule.
I. National Environmental Policy Act: Environmental Assessment
1. Introduction
The National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321
et seq.), requires Federal agencies to assess and consider the impacts
on the human and natural environment of their proposed actions. Unless
a categorical exclusion applies, when a proposed action does not have a
reasonably foreseeable significant effect on the quality of the human
environment, or if the significance of such effect is unknown, Federal
agencies are required to prepare an environmental assessment. If, based
on the finding of the environmental review, the agency determines not
to prepare an environmental impact statement (EIS) because the proposed
action will not have significant effects on the human or natural
environment, the agency can conclude the NEPA process with a finding of
no significant impact (FONSI) (42 U.S.C. 4336(b)(2)). PHMSA did not
consider a categorical exclusion because at the time of the NPRM
issuance, no categorical exclusion applied. PHMSA is finalizing the
action based on a completed 2025 Environmental Assessment and
subsequent Finding of No Significant Impact.
2. Purpose and Need
The purpose of this final rule is to provide greater clarity and
regulatory flexibility in the Hazardous Materials Regulations (HMR; 49
CFR parts 171-180). This final rule reduces unnecessary burdens
associated with safe transportation of hazardous materials, including
energy products, in commerce. It revises provisions specific to the
highway transportation of hazardous materials. The amendments will
reduce costs on hazardous materials transporters and packaging
manufacturers while maintaining the high level of safety provided in
the HMR.
3. Description of Alternatives
3.1 No Action Alternative
If PHMSA were to select the No Action Alternative, current
regulations would remain in place, and no new provisions would be
amended or added. This alternative does not provide the necessary
amendments to provide greater clarity and regulatory flexibility, nor
does it address the PIPES Act of 2016 and petitions for rulemaking.
Thus, the no action alternative does not meet the purpose and need of
this action.
3.2 Selected Alternative (Final Rule)
PHMSA is adopting several amendments originally proposed in the
Notice of Proposed Rulemaking (NPRM) version of this rule.\39\ The
amendments chosen for adoption are summarized below and more fully
discussed in the preamble and regulatory text sections of this Final
Rule.
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\39\ 89 FR 85590 (Oct. 28, 2024).
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Section Topic
------------------------------------------------------------------------
Part 107 subpart F....................... Revise the cargo tank
facility registration
requirements to allow for
electronic submission
procedures.
Section 171.7............................ Replace current incorporation
by reference of the CI
drawings in paragraphs
(l)(3) and (l)(4) with the
entire Pamphlet 49 (2016),
which includes the use of
Midland Type pressure relief
device (PRD) for cargo tanks
transporting chlorine as
referenced in section
173.315.
Section 172.336.......................... Revise the marking
requirements for multiple
petroleum distillate fuels
to allow the marking of the
identification number of the
fuel with the lowest flash
point transported in the
same or previous business
day.
[[Page 1443]]
Section 172.704.......................... Remove the security awareness
training requirement for
hazmat employees who only
perform hazmat activities
related to packagings (e.g.,
employees who manufacture,
repair, modify, recondition,
or test packagings and do
not actually offer for
transportation or transport
hazardous materials in
commerce).
Section 173.315.......................... Conforming change with the
new document incorporated by
reference in Section 171.7.
Remove reference to specific
PRD drawings and adds
general reference to CI
Pamphlet 49 for authorized
safety release valves.
Section 178.337-1(d)..................... Allow the use of external
coverings other than paint
that meet reflectivity
requirements for CTMVs.
Section 180.407(a)(7).................... Allow for the use of video
cameras or video optics
equipment for cargo tank
inspections or tests.
------------------------------------------------------------------------
3.3 Alternatives Dismissed From Further Consideration
Proposed Rule Alternative (NPRM)
PHMSA assessed an alternative that would have finalized the
requirements as proposed in the NPRM. This alternative includes
adoption of the 2017 RSAC proposals for rail transportation; revision
to the approval process for tank car designs and Quality Assurance
Programs (QAPs); miscellaneous amendments to highway cargo tank
specification and requalification requirements; and an amendment to
cargo tank marking requirements for the transportation of petroleum
distillate fuels. This alternative applies to the transportation of
hazardous materials by highway, rail, and vessel. The potential
environmental effects of the NPRM as proposed are described in detail
in the Draft Environmental Assessment (DEA), which is incorporated here
by reference.\40\
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\40\ 89 FR 85590, Section V.H (Oct. 28, 2024).
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PHMSA is no longer considering this alternative and instead is
moving forward with the six amendments specifically identified in the
final rule. These amendments were selected because they align with the
Administration's priorities of unleashing American energy and reducing
other unnecessary regulatory burdens constraining interstate commerce.
PHMSA will continue to evaluate the other provisions included in the
NPRM and may choose to address them at a later date.
4. Affected Environment
The final rule amends certain provisions of the HMR to increase
regulatory clarity and consistency; to update requirements to reflect
changing conditions and trends; and to improve the safe transportation
of hazardous materials. The final rule would apply to the transport of
hazardous materials by various transportation modes that occur
nationwide.
5. Environmental Consequences
5.1 No Action Alternative
The No Action Alternative would not adopt enhanced and clarified
regulatory requirements expected to maintain the high level of safety
in transportation of hazardous materials provided by the HMR. If PHMSA
were to select the No Action Alternative, the HMR would remain
unchanged, and no new provisions would be amended or added. There would
be no new environmental impacts from adopting the No Action
Alternative, and any additional regulatory clarity and flexibility,
their associated efficiencies, and economic benefits gained through
these amendments would not be realized.
5.2 Selected Alternative (Final Rule)
The changes under the Proposed Action Alternative will maintain the
high safety standards currently achieved under the HMR. The reasonably
foreseeable environmental impacts are described by section below.
A. Section 172.336
PHMSA is revising the identification number marking requirements
for cargo tanks transporting multiple petroleum distillate fuels in the
current or previous business day, which is defined as a day that the
operator of the cargo tank motor vehicle is open and operating in
commerce. This amendment authorizes a carrier to display the marking of
the identification number for the petroleum distillate fuel with the
lowest flashpoint transported in that cargo tank during the current or
previous business day. For example, a cargo tank used to transport
gasoline on Day 1, and diesel fuel only on Day 2, may display ``1203''
on Day 2, because gasoline has a lower flash point than diesel fuel.
This change to markings for petroleum distillate fuels was
previously permissible under the HMR and HM-118 \41\ from 1980 until
the publication of HM-219 \42\ in 2013. The HMR allowed a cargo tank
transporting more than one petroleum distillate fuel in different trips
to display the identification number for the petroleum distillate fuel
with the lowest flash point. PHMSA's removal of this exception in HM-
219 was unintentional, as discussed in section III.A of the Final Rule.
PHMSA requested comments related to safety and environmental impacts of
this amendment in the DEA and received no incident data in the time
frame the exception was allowed. PHMSA is unaware of any significant
increase in hazardous materials incidents involving petroleum
distillate fuels resulting in injuries to first responders in that time
frame. Similarly, PHMSA is unaware of any decrease in hazardous
materials incidents involving petroleum distillate fuels resulting in
injuries to first responders. In addition, PHMSA's Emergency Response
Guidebook (ERG) provides the same initial emergency response
instructions for all petroleum distillate fuels (Guide 128).\43\ This
amendment is discussed in full detail in section III of the Final Rule.
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\41\ 45 FR 74640 (Nov. 10, 1980).
\42\ 78 FR 14702 (Mar. 7, 2013).
\43\ PHMSA, Emergency Response Guidebook (2024), available at:
https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-04/ERG2024-Eng-Web-a.pdf.
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There is no evidence of an increase in the risk of an incident nor
a delay in emergency response to incidents as a result of this
amendment. This amendment would improve efficiency during fuel
deliveries, as operators would no longer be required to change the
identification number displayed inside the placard. Thus, there are no
reasonably foreseeable impacts to the human or natural environment.
B. Part 107 Subpart F
PHMSA is amending part 107 subpart F of the HMR to allow for
electronic submission procedures under the cargo tank facility
registration requirements. This would be in addition to the existing
procedure of mailing a hard copy of the registration statement to
FMCSA. This amendment provides flexibility, has no impact on the high
level of safety provided in the HMR, and has no reasonably foreseeable
impacts to the human or natural environment.
C. Section 171.7
PHMSA is amending section 171.7 to replace the current
incorporation by
[[Page 1444]]
reference of CI drawings with the entire CI Pamphlet 49, which would
include the use of Midland Type PRD for chlorine cargo tanks in section
173.315, as Midland manufacturing entered the market after the
requirements of section 173.315(i) were established. This amendment
does not delete the specific limitations of the type of PRD authorized,
and PHMSA will continue to work with CI to develop generally applicable
specifications for PRDs used on cargo tanks transporting inhalation
hazards. Thus, this amendment provides regulatory flexibility,
maintains the current level of safety, and has no reasonably
foreseeable impacts to the human or natural environment.
D. Section 172.704
PHMSA is amending section 172.704(a)(4) to remove security
awareness training for hazmat employees who perform hazmat activities
related only to packagings. These employees are responsible for
manufacturing, repairing, modifying, reconditioning, or testing
packagings and do not offer or transport hazardous materials. PHMSA is
also expanding the eligibility of hazmat employees excepted from safety
and security trainings to include package ``manufacturers.'' Though
these changes broaden the population of persons excepted from safety
and security awareness training, the primary focus of the training is
related to the offering or transportation of hazardous materials. This
amendment will maintain the current level of safety of the HMR and has
no reasonably foreseeable impacts to the human or natural environment.
E. Section 173.315
PHMSA is amending section 173.315(i)(13) to conform with the
changes made in Section 171.7. This change replaces the reference to
specific PRD drawings with a general reference to CI Pamphlet 49 for
authorized safety release valves. Similarly to the section 171.7
amendment, this amendment does not delete the specific limitations of
the type of PRD authorized. PHMSA will continue to work with CI to
develop generally applicable specifications for PRDs used on cargo
tanks transporting inhalation hazards. Thus, this amendment provides
regulatory flexibility, maintains the current level of safety, and has
no reasonably foreseeable impacts to the human or natural environment.
F. Section 178.337-1(d)
PHMSA is amending section 178.337-1(d) to allow the use of other
external coverings besides paint, such as reflective vinyl wraps, to
meet reflectivity requirements. Uninsulated tanks are required to have
a reflective metal surface or a reflecting color to limit heat transfer
to the contents of the tank. This amendment would still require
uninsulated MC-311 tanks to be a white, aluminum, or similar reflecting
color on the upper two-thirds area of the cargo tank. Thus, this
amendment will provide regulatory flexibility, maintain the current
level of safety of the HMR, and has no reasonably foreseeable impacts
to the human or natural environment.
G. Section 180.407(a)(7)
PHMSA is amending section 180.407(a)(7) to allow for the use of
video cameras or video optics equipment for cargo tank inspections or
tests provided that all of the required areas and elements that need to
be tested or inspected can be viewed and evaluated in accordance with
part 180 subpart E. Under current regulations, a human must enter a
cargo tank to inspect the interior visually. There are risks associated
with the current practice, such as injury from slipping and falling and
exposure to residual fumes or hazardous materials. This amendment
allows operators to avoid these risks, while still performing the
inspections to an equal standard. Thus, this amendment will provide
regulatory flexibility, maintain the current level of safety of the
HMR, and has no reasonably foreseeable impacts to the human or natural
environment.
6. Public Involvement
PHMSA issued a DEA with the NPRM on October 28, 2024, which
proposed to revise the HMR to adopt several modal-specific amendments
to enhance safe transportation of materials in commerce.\44\ These
include RSAC proposals for rail transportation; revisions to the
approval process for tank car designs and QAPs; miscellaneous
amendments to highway cargo tank specification and requalification
requirements; and an amendment to cargo tank marking requirements for
the transportation of petroleum distillate fuels.
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\44\ 89 FR 85590 (Oct. 28, 2024).
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The comment period for the NPRM and DEA closed on April 28, 2025.
PHMSA received 37 sets of comments, of which nine are relevant to the
issues addressed in this final rule. Three comments received discussed
general environmental concepts, none of which are covered by the scope
of this final rule. No comments were related to the environmental
effects analysis of the NPRM as described in the DEA. All relevant
comments are discussed in detail in Section III.C and Section IV of
this final rule.
7. Agencies and Persons Consulted During the Consideration Process
PHMSA has coordinated with FAA, FMCSA, FRA, and the United States
Coast Guard in the development of this rulemaking. The NPRM was also
made available to other Federal agencies within the interagency review
process contemplated under E.O. 12866. No E.O. 12866 meetings were
requested.
8. Finding of No Significant Impact
Based on the analysis summarized in this EA, RIA, and the
accompanying final rule, PHMSA finds that the Selected Alternative
(final rule) will not have a significant impact on the human or natural
environment. A majority of the amendments are administrative in nature
and allow for greater regulatory flexibility in the HMR. They will
reduce unnecessary burdens associated with the safe transportation of
hazardous materials, including energy products, in commerce and will
maintain the high level of safety required by the HMR.
9. List of Preparers and Reviewers
Preparers: Lydia Wang, PHMSA.
Reviewers: Travis Mast, USDOT Volpe Center, Carolyn Nelson, P.E.,
PHMSA.
PHMSA Finding of No Significant Impact Approval:
------------------------------------------------------------------------
------------------------------------------------------------------------
Carolyn Nelson, P.E., Agency Environmental Date.
Coordinator.
------------------------------------------------------------------------
J. Privacy Act
In accordance with 5 U.S.C. 553(c), PHMSA solicits comments from
the public to inform its rulemaking process. PHMSA posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. The complete Privacy Act Statement in the Federal
Register published on April 11, 2000,\45\ or on DOT's website at http://www.dot.gov/privacy.
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\45\ 65 FR 19475 (Apr. 11, 2000).
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K. Executive Order 13609 and International Trade Analysis
E.O. 13609 (Promoting International Regulatory Cooperation) \46\
requires that agencies must consider whether the impacts associated
with significant variations between domestic and
[[Page 1445]]
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
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\46\ 77 FR 26413 (May 4, 2012).
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Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. Pursuant to the Trade Agreements Act,
the establishment of standards is not considered an unnecessary
obstacle to the foreign commerce of the United States, so long as the
standards have a legitimate domestic objective, such as providing for
safety, and do not operate to exclude imports that meet this objective.
The statute also requires consideration of international standards and,
where appropriate, that they be the basis for U.S. standards.
PHMSA participates in the establishment of international standards
in order to protect the safety of the American public. PHMSA has
assessed the effects of this rulemaking to ensure that it does not
cause unnecessary obstacles to foreign trade. While the rulemaking
would clarify and elaborate on existing PHMSA regulations, PHMSA
expects the rulemaking will result in cost savings and greater
regulatory flexibility for entities engaged in international commerce.
Accordingly, this rulemaking is consistent with E.O. 13609 and PHMSA's
obligations under the Trade Agreement Act, as amended.
L. National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs Federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies. This
rulemaking adopts one voluntary consensus standard published by CI that
is discussed in the discussion on Sec. 171.7. See ``Section IV.
Section-by-Section Review; Section 171.7'' for further details.
M. Energy-Related Executive Orders 13211, 14154, and 14156
E.O. 13211 (Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use) \47\ requires Federal
agencies to prepare a Statement of Energy Effects for any ``significant
energy action.'' E.O. 13211 defines a ``significant energy action'' as
any action by an agency (normally published in the Federal Register)
that promulgates, or is expected to lead to the promulgation of, a
final rule or regulation that (1)(i) is a significant regulatory action
under E.O. 12866 or any successor order and (ii) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy (including a shortfall in supply, price increases, and increased
use of foreign supplies); or (2) is designated by the Administrator of
the Office of Information and Regulatory Affairs (OIRA) as a
significant energy action.
---------------------------------------------------------------------------
\47\ 66 FR 28355 (May 22, 2001).
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This final rule is not a ``significant energy action'' under E.O.
13211 because it is not likely to have a significant adverse effect on
supply, distribution, or energy use. In addition, because this is not a
``significant energy action'' under E.O. 13211, it is therefore not
necessary to consider the requirements of E.O. 14154 (Unleashing
American Energy) \48\ and E.O. 14156 (Declaring a National Energy
Emergency).\49\ For additional discussion of the anticipated economic
impact of this rulemaking, please review the RIA in the rulemaking
docket.
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\48\ 90 FR 9065 (Feb. 6, 2025).
\49\ 90 FR 10583 (Feb. 25, 2025).
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N. Cybersecurity and Executive Order 14028
E.O. 14028 (Improving the Nation's Cybersecurity) \50\ expressed
the Administration policy that ``the prevention, detection, assessment,
and remediation of cyber incidents is a top priority and essential to
national and economic security.'' E.O. 14028 directed the Federal
Government to improve its efforts to identify, deter, and respond to
``persistent and increasingly sophisticated malicious cyber
campaigns.'' PHMSA has considered the effects of the final rule and has
determined that its proposed regulatory amendments would not materially
affect the cybersecurity risk profile for transportation of hazardous
materials.
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\50\ 86 FR 26633 (May 17, 2021).
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O. Severability
The purpose of this final rule is to operate holistically in
addressing different issues related to safety and environmental hazards
associated with the transportation of hazardous materials. However,
PHMSA recognizes that certain provisions focus on unique topics.
Therefore, PHMSA finds that the various provisions of this rule are
severable and able to function independently if severed from each
other. Thus, in the event a court were to invalidate one or more of
this final rule's unique provisions, the remaining provisions stand and
continue in effect.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, PHMSA amends 49 CFR chapter I as
follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
1. The authority citation for part 107 continues to read as follows:
[[Page 1446]]
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 Section
4; Pub. L. 104-121 Sections 212-213; Pub. L. 104-134 Section 31001;
Pub. L. 114-74 Section 701 (28 U.S.C. 2461 note); 49 CFR 1.81 and
1.97; 33 U.S.C. 1321.
0
2. In Sec. 107.502, revise paragraph (d) to read as follows:
Sec. 107.502 General registration requirements.
* * * * *
(d) Persons registering with the Department may submit their
registration statement and all of the information required by this
subpart, in English, electronically at https://portal.fmcsa.dot.gov/UrsRegistrationWizard/, or in hard copy form to: FMCSA Hazardous
Materials Division--MC-ECH, 1200 New Jersey Avenue SE, Washington, DC
20590-0001.
* * * * *
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
3. The authority citation for Part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 701 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
0
4. In Sec. 171.7,
0
a. Revise the introductory text of paragraph (l);
0
b. Revise paragraph (l)(3); and
0
c. Remove and reserve paragraph (l)(4).
The amendments read as follows:
Sec. 171.7 Reference material.
* * * * *
(l) Chlorine Institute, Inc., 1300 Wilson Boulevard, Arlington, VA
22209; phone: (703) 894-4140; email: [email protected]; web:
www.chlorineinstitute.org.
* * * * *
(3) Pamphlet 49, Recommended Practices for Handling Chlorine Bulk
Highway Transports, Edition 10, December 2016, into Sec. 173.315.
(4) [Reserved]
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
5. The authority citation for Part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
6. In Sec. 172.303, add paragraph (b)(4) to read as follows:
Sec. 172.303 Prohibited marking.
* * * * *
(b) * * *
(4) Identification number markings on a cargo tank motor vehicle
containing a petroleum distillate fuel in accordance with Sec.
172.336(c).
0
7. In Sec. 172.336, designate as table 1 and revise newly designated
table 1 in paragraph (c) to read as follows:
Sec. 172.336 Identification numbers; special provisions.
* * * * *
(c) * * *
Table 1 to Paragraph (c)--Identification Numbers Are Not Required
------------------------------------------------------------------------
Then the alternative
Packaging: When: marking requirement
is:
------------------------------------------------------------------------
On the ends of portable tanks, They have more The identification
cargo tanks, or tank cars. than one numbers on the sides
compartment and of the tank are
hazardous displayed in the
materials with same sequence as the
different compartments
identification containing the
numbers are materials they
being identify.
transported
therein.
On cargo tanks................ They contain only The tank is marked
gasoline. ``Gasoline'' on each
side and rear in
letters no less than
50 mm (2 inches)
high or is placarded
in accordance with
Sec. 172.542(c).
On cargo tanks................ They contain only The cargo tank is
fuel oil. marked ``Fuel Oil''
on each side and
rear in letters no
less than 50 mm (2
inches) high, or is
placarded in
accordance with Sec.
172.544(c).
On one end of nurse tanks if They meet the N/A.
that end contains valves, provisions of
fittings, regulators, or Sec.
gauges when those 173.315(m) of
appurtenances prevent the this subchapter.
markings and placard from
being properly placed and
visible.
On each compartment of The cargo tank or The identification
compartmented cargo tanks or tank car number for the
compartmented tank cars. contains more liquid petroleum
than one distillate fuel
petroleum having the lowest
distillate fuel. flash point in any
one compartment is
displayed. However,
if a cargo tank or
tank car compartment
contains gasoline
and alcohol fuel
blends consisting of
more than 10%
ethanol the
identification
number ``3475'' or
``1987,'' as
appropriate, must
also be displayed
for that
compartment.
On cargo tanks (including They transport The identification
compartmented cargo tanks). more than one number for the
petroleum liquid petroleum
distillate fuel distillate fuel
in different having the lowest
trips on the flash point
previous or transported in that
current business previous or current
day. business day is
displayed. If the
cargo tank contains
gasoline and alcohol
fuel blends
consisting of more
than 10% ethanol,
the identification
number, ``3475'' or
``1987,'' as
appropriate, must
also be displayed,
and the
identification
numbers ``3475'' or
``1987,'' may only
be displayed if the
material is present
in the cargo tank
during
transportation.
------------------------------------------------------------------------
* * * * *
0
8. In Sec. 172.704, revise paragraph (e)(1) to read as follows:
Sec. 172.704 Training requirements.
* * * * *
(e) * * *
(1) A hazmat employee who manufactures, repairs, modifies,
reconditions, or tests packagings, as
[[Page 1447]]
qualified for use in the transportation of hazardous materials, and who
does not perform any other function subject to the requirements of this
subchapter, is not subject to the training requirements of paragraphs
(a)(3) and (a)(4) of this section.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
9. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
10. In Sec. 173.315, revise paragraph (i)(13) to read as follows:
Sec. 173.315 Compressed gases in cargo tanks and portable tanks.
* * * * *
(i) * * *
(13) A pressure relief device on a chlorine cargo tank must conform
to one of the drawings in Chlorine Institute, Inc. Pamphlet 49,
``Recommended Practices for Handling Chlorine Bulk Highway Transports''
(IBR, see Sec. 171.7 of this subchapter).
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
11. The authority citation for Part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
12. In Sec. 178.337-1, revise paragraph (d) to read as follows:
Sec. 178.337-1 General Requirements.
* * * * *
(d) Reflective design. Every uninsulated cargo tank permanently
attached to a cargo tank motor vehicle shall, unless covered with a
jacket made of aluminum, stainless steel, or other bright non-
tarnishing metal, be white, aluminum, or a similar reflecting color on
the upper two-thirds of area of the cargo tank.
* * * * *
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
13. The authority citation for Part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
14. In Sec. 180.407, add paragraph (a)(7) to read as follows:
Sec. 180.407 Requirements for test and inspection of specification
cargo tanks.
(a) * * *
(7) The use of video cameras or fiber optic equipment is authorized
for any test or inspection, or portion thereof, provided all the
required areas and elements can be viewed and evaluated in accordance
with this subpart.
* * * * *
Issued in Washington, DC, on January 12, 2026, under authority
delegated in 49 CFR 1.97.
Paul J. Roberti,
Administrator.
[FR Doc. 2026-00578 Filed 1-13-26; 8:45 am]
BILLING CODE 4910-60-P