[Federal Register Volume 91, Number 148 (Tuesday, August 4, 2026)]
[Rules and Regulations]
[Pages 49325-49329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-15808]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 172
[Docket No. PHMSA-2025-0092 (HM-268D)]
RIN 2137-AG06
Hazardous Materials: Reducing Undue Paperwork Burdens to Domestic
Carriers
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule removes undue regulatory burdens by providing
domestic carriers and facility operators the option to maintain
electronic copies of emergency response information rather than
requiring a hard copy printed on paper.
DATES: This final rule is effective September 3, 2026.
FOR FURTHER INFORMATION CONTACT: Arthur Pollack, Standards and
Rulemaking Division, Pipeline and Hazardous Materials Safety
Administration (PHMSA), 1200 New Jersey Avenue SE, Washington, DC
20590, 202-366-8553, [email protected].
I. PHMSA Action
A. What action is PHMSA taking in this Final Rule?
PHMSA is revising 49 CFR 172.602 to provide domestic carriers and
facility operators the option to maintain electronic copies of
emergency response information rather than requiring a hard copy
printed on paper.
B. Does this action apply to me?
Effective 30 days after publication of this final rule, carriers of
hazardous materials and facility operators where a hazardous material
is received, stored or handled during transportation will have the
option to maintain emergency
[[Page 49326]]
response information in an electronic format rather than requiring a
hard copy printed on paper. Carriers and facility operators are
responsible for ensuring the reliability of their chosen method. A lack
of cellular signal, device power loss, or device failure will not
excuse compliance with the hazardous materials regulations (HMR).
C. Why is PHMSA taking this action?
PHMSA is taking this action in response to commenter feedback and
to modernize the HMR to keep pace with modern technology by allowing
domestic carriers and facility operators to maintain emergency response
information using electronic means in lieu of hard copies. This action
may reduce regulatory burdens for companies that choose to utilize this
alternative form of compliance.
II. Summary of Comments Received in Response to the Notice of Proposed
Rulemaking
PHMSA published a notice of proposed rulemaking (NPRM), cited as
HM-268D, to gather feedback on modernizing the HMR to provide domestic
carriers and facility operators the option to maintain electronic
copies of emergency response information rather than requiring a hard
copy printed on paper.\1\ Please refer to the NPRM for background and
discussion of the proposed change.
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\1\ Jul. 1, 2025 (90 FR 28563).
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The following table alphabetically lists commenters to the NPRM:
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Commenter name Docket No.
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Alliance for Chemical PHMSA-2025-0092-0009
Distribution (ACD).
Association of American Railroads PHMSA-2025-0092-0012
and the American Short Line and
Regional Railroad Association.
Brotherhood of Locomotive PHMSA-2025-0092-0008
Engineers and Trainmen (BLET).
Commercial Vehicle Safety PHMSA-2025-0092-0010
Alliance (CVSA).
Council on Safe Transportation of PHMSA-2025-0092-0004
Hazardous Articles, Inc.
(COSTHA).
Dangerous Goods Advisory Council PHMSA-2025-0092-0006
(DGAC).
National Tank Truck Carriers..... PHMSA-2025-0092-0003
Offen Petroleum LLC.............. PHMSA-2025-0092-0002
Sheet Metal, Air, Rail, PHMSA-2025-0092-0007
Transportation--Transportation
Division (SMART-TD).
Transportation Trades Department, PHMSA-2025-0092-0011
AFL-CIO (TTD).
William Forbes................... PHMSA-2025-0092-0005
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The NPRM drew a range of reactions from various stakeholders.
Supporters argued that the proposal would modernize regulatory
frameworks to reflect current operational realities where drivers
already utilize electronic devices for compliance. Several commenters
emphasized the significant financial benefits, noting that the industry
spends tens of thousands of dollars printing paper copies that are
frequently rendered obsolete, and that the proposal would reduce
violations associated with outdated paperwork. Regarding safety, the
National Tank Trunk Carriers commented that its members have
consistently reported that paper emergency response information is
rarely consulted by first responders who rely on their own protocols or
information contained directly on the cargo tank, and that paper
documents can be rendered inaccessible if a vehicle catches fire. For
example, DGAC added that electronic formats allow the most recent
version of the Emergency Response Guidebook (ERG) to be uploaded,
ensuring that drivers have the most current emergency response
instructions. Furthermore, CVSA supported the proposal for reducing
administrative burdens on inspectors and industry alike. However,
commenters such as COSTHA and ACD recommended that emergency response
information be downloaded locally to devices to ensure accessibility in
areas lacking cellular connectivity. In response to these comments,
PHMSA notes that this final rule merely provides the option to maintain
electronic copies of emergency response information. There is no
requirement at this time to move to an electronic-only system.
Therefore, regulated entities, to maintain compliance, should continue
to maintain paper copies or have electronic copies downloaded to a
device if the geographic areas in which they are operating present
concerns about network connectivity.
Some commenters had additional questions or raised concerns and
opposition. BLET and SMART-TD stated that relying solely on electronic
formats is unsafe because railroads traverse remote areas where
cellular service is unreliable or nonexistent. They assert that
electronic devices can lose power or become damaged during an incident,
making paper a critical redundancy. They also emphasize that train
crews are the first people on the scene and need immediate access to a
physical manifest to assess personal safety before first responders
arrive. Lastly, TTD argued that electronic communication technology is
``not mature enough'' to replace printed communication completely,
citing the lack of internet access in remote areas. They contend that
electronic formats should only be permitted in addition to paper
copies, rather than replacing the paper copies entirely.
PHMSA acknowledges these concerns but disagrees with the contention
that electronic formats should be restricted to a supplemental role or
that they are inherently unsafe due to connectivity limitations. PHMSA
emphasizes that the amendment establishes a performance-based
requirement--mandating that emergency response information be
immediately available (i.e., to first responders and inspectors) at all
times--regardless of the medium employed. The carrier has an obligation
to ensure the reliability of the method chosen; any carrier whose
emergency response information is not immediately available during an
incident due to a lack of cellular signal, power loss, or device
failure is in violation of the HMR. Therefore, carriers and facility
operators choosing to use electronic devices must ensure their systems
remain accessible in all operating environments, including those
discussed above, effectively eliminating concerns regarding remote
areas or technical maturity.
For these reasons, PHMSA is publishing this final rule to modernize
49 CFR 172.602 as proposed. PHMSA finds these revisions will not have
any adverse impact on safety.
III. Regulatory Analysis and Notices
A. Legal Authority
This final rule is published under the authority of the Secretary
of
[[Page 49327]]
Transportation as set forth in the Federal Hazardous Materials
Transportation Laws (49 U.S.C. 5101 et seq.) and delegated to the PHMSA
Administrator pursuant to 49 CFR 1.97.
B. Executive Order 12866; Regulatory Planning and Review
Executive Order (E.O.) 12866 (Regulatory Planning and Review), as
implemented by 49 CFR part 5, subpart B, 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.'' \2\ 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.'' Pursuant
to 49 CFR part 5, subpart B, 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. In addition, 49 CFR part 5, subpart B specifies that
regulations should generally ``not be issued unless their benefits are
expected to exceed their costs.''
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\2\ 58 FR 51735 (Oct. 4, 1993); 91 FR 22431 (Apr. 27, 2026); DOT
Order 2100.7 (Ensuring Reliance Upon Sound Economic Analysis in
Department of Transportation Policies, Programs, and Activities);
see also DOT Order 2100.6B (Policies and Procedures for
Rulemakings).
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E.O. 12866 and 49 CFR part 5, subpart B 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
final rule is not a significant regulatory action pursuant to E.O.
12866 and has not been designated as a ``major rule'' as defined by the
Congressional Review Act (5 U.S.C. 801 et seq.).
PHMSA has complied with the requirements in E.O. 12866 as
implemented by 49 CFR part 5, subpart B and determined that this final
rule will result in cost savings by reducing regulatory burdens and
regulatory uncertainty for hazardous materials shippers and carriers.
The final rule will eliminate the need to print and maintain paper
copies of emergency response information when the paper copies can be
replaced with reliable electronic copies, producing cost savings for
the transportation industry and the public to whom those entities may
generally transfer a portion of their compliance costs. In comments to
the docket, COSTHA indicated that two of its members estimated that
allowance of electronic emergency response information could eliminate
approximately $33,000 to $70,000 in costs for obtaining paper copies
every ERG cycle. PHMSA, however, lacks information to extrapolate these
potential cost savings nationwide.
C. Executive Orders 14192 and 14219
PHMSA has determined that this final rule is an E.O. 14192
(Unleashing Prosperity Through Deregulation) deregulatory action.\3\
PHMSA finds the total costs of the rule on the regulated community will
be less than zero. This final rule does not implicate any of the
factors identified in section 2(a) of E.O. 14219 (Ensuring Lawful
Governance) indicative of a regulation that is ``unlawful . . . [or]
that undermine[s] the national interest.'' \4\
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\3\ 90 FR 9065 (Feb. 6, 2025).
\4\ 90 FR 10583 (Feb. 25, 2025).
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D. Energy-Related Executive Orders 13211, 14154, and 14156
PHMSA has analyzed this final rule in accordance with the
principles and criteria contained in E.O. 14156 (Declaring a National
Energy Emergency) and E.O. 14154 (Unleashing American Energy).\5\ The
President has declared a national emergency to address America's
inadequate energy development, production, transportation, refining,
and generation capacity and asserted a Federal policy to unleash
American energy by ensuring access to abundant supplies of reliable,
affordable energy from, inter alia, the removal of ``undue burden[s]''
on the identification, development, or use of domestic energy
resources. PHMSA finds this final rule to be consistent with E.O. 14156
and E.O. 14154 because it will not hinder or unduly burden the
transportation or production of energy or energy-related products.
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\5\ 90 FR 8433 (Jan. 29, 2025); 90 FR 8353 (Jan. 29, 2025).
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In addition, this final rule is not a ``significant energy action''
under E.O. 13211 (Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use), which requires Federal
agencies to prepare a Statement of Energy Effects for any ``significant
energy action.'' \6\ Because this final rule is not a significant
action under E.O. 12866, it will not have a significant adverse effect
on supply, distribution, or energy use; accordingly, OIRA has not
designated this final rule as a significant energy action.
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\6\ 66 FR 28355 (May 22, 2001).
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E. Executive Order 13132: Federalism
PHMSA analyzed this final rule in accordance with the principles
and criteria contained in E.O. 13132 (Federalism) and the Presidential
Memorandum (Preemption) published in the Federal Register on May 22,
2009. 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.'' The Federal Hazardous Materials Transportation laws
contain an express preemption provision at 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 the following:
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
This final rule addresses items covered in Paragraph 1 above and
will preempt State, local, and Tribal requirements not meeting the
``substantively the same'' standard. Though the final rule may operate
to preempt some State requirements, it will not impose 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
[[Page 49328]]
responsibilities among the various levels of government. The preemptive
effect of the regulatory amendments in this final rule is limited to
the minimum level necessary to achieve the objectives of the Federal
Hazardous Materials Transportation laws. Therefore, the consultation
and funding requirements of E.O. 13132 do not apply.
F. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to conduct a Final Regulatory Flexibility Analysis
(FRFA) for a final rule that has been subject to notice-and-comment
rulemaking under the APA unless the agency head certifies that the
final rule will not have a significant economic impact on a substantial
number of small entities. E.O. 13272 (Proper Consideration of Small
Entities in Agency Rulemaking) obliges agencies to establish procedures
promoting compliance with the Regulatory Flexibility Act.\7\ DOT posts
information on a dedicated web page to help small businesses understand
and navigate Federal regulatory processes.\8\ This final rule was
developed in accordance with E.O. 13272 and DOT implementing guidance
to ensure compliance with the Regulatory Flexibility Act. Because the
final rule will reduce burdens, PHMSA certifies that it does not have a
significant impact on a substantial number of small entities.
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\7\ 67 FR 53461 (Aug. 16, 2002).
\8\ DOT, Rulemaking Requirements Related to Small Entities (last
accessed Sept 3, 2024), available at: https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities.
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G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act (UMRA, 2 U.S.C. 1501 et seq.)
requires agencies to assess the effects of Federal regulatory actions
on State, local, and Tribal governments, and the private sector. For
any proposed or final rule that includes a Federal mandate that may
result in the expenditure by State, local, and Tribal governments, in
the aggregate of $100 million or more (in 1996 dollars) in any given
year, the agency must prepare, among other things, a written statement
that qualitatively and quantitatively assesses the costs and benefits
of the Federal mandate.
This final rule does not impose unfunded mandates under UMRA
because it does not result in costs of $100 million or more (in 1996
dollars) per year for either State, local, or Tribal governments, or to
the private sector.
H. National Environmental Policy Act
PHMSA has analyzed this rule pursuant to the National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et seq.) and has determined it is
categorically excluded under 23 CFR 771.117(c)(20), which applies to
the promulgation of rules, regulations, and directives. Under Section 9
of DOT Order 5610.1D, PHMSA may apply a categorical exclusion (CE)
established in another Operating Administration's procedures. PHMSA
followed the requirements outlined in DOT Order 5610.1D to apply the
Federal Highway Administration's CE to this deregulatory action. PHMSA
has determined no unusual circumstances are present under 23 CFR
771.117(b). PHMSA's Categorical Exclusion Determination memo for this
action is available on PHMSA's website.\9\
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\9\ DOT, PHMSA, Implementing Procedures (Aug. 28, 2025),
available at: https://www.phmsa.dot.gov/planning-and-analytics/environmental-analysis-and-compliance/implementing-procedures.
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I. Executive Order 13175
PHMSA analyzed this final rule according to the principles and
criteria in E.O. 13175 (Consultation and Coordination with Indian
Tribal Governments) and DOT Order 5301.1A (Department of Transportation
Tribal Consultation Policies and Procedures).\10\ E.O. 13175 requires
agencies to assure meaningful and timely input from Tribal government
representatives in the development of rules that significantly or
uniquely affect Tribal communities by imposing ``substantial direct
compliance costs'' or ``substantial direct effects'' on such
communities or the relationship or distribution of power between the
Federal Government and Tribes.
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\10\ 65 FR 67249 (Nov. 9, 2000).
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PHMSA assessed the impact of the final rule and determined that it
will not significantly or uniquely affect Tribal communities or Indian
Tribal governments. The rulemaking's regulatory amendments have a
broad, national scope; therefore, this final rule will not
significantly or uniquely affect Tribal communities, much less impose
substantial compliance costs on Tribal governments or mandate Tribal
action. For these reasons, PHMSA has concluded that the funding and
consultation requirements of E.O. 13175 and DOT Order 5301.1A do not
apply.
J. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR 1320.8(d) requires that PHMSA provide
interested members of the public and affected agencies with an
opportunity to comment on information collection and recordkeeping
requests. This rulemaking will not create, amend, or rescind any
existing information collections.
K. Executive Order 13609 and International Trade Analysis
E.O. 13609 (Promoting International Regulatory Cooperation)
requires agencies to consider whether the impacts associated with
significant variations between domestic and international regulatory
approaches are unnecessary or may impair the ability of American
business to export and compete internationally.\11\ 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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\11\ 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. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, 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 engages with international standards setting bodies to
protect the safety of the American public. PHMSA has assessed the
effects of the final rule and has determined that its regulatory
amendments will not cause unnecessary obstacles to foreign trade.
L. Cybersecurity and Executive Order 14028
E.O. 14028 (Improving the Nation's Cybersecurity) directed the
Federal Government to improve its efforts to identify, to deter, and to
respond to ``persistent and increasingly sophisticated malicious cyber
campaigns.'' \12\ PHMSA has considered
[[Page 49329]]
the effects of the final rule and has determined that its regulatory
amendments will not materially affect the cybersecurity risk profile
for affected entities.
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\12\ 86 FR 26633 (May 17, 2021).
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M. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to inform its rulemaking process better. DOT 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. DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000, and may be viewed on
DOT's website at http://www.dot.gov/privacy.
List of Subjects in 49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.
In consideration of the foregoing, PHMSA amends 49 CFR Chapter I as
follows:
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
1. 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
2. In Sec. 172.602, revise paragraph (b)(1) to read as follows:
Sec. 172.602 Emergency response information.
* * * * *
(b) * * *
(1) Printed legibly in English (either in hard copy printed on
paper or in electronic format);
* * * * *
Issued in Washington, DC, on July 31, 2026, under the authority
delegated in 49 CFR 1.97.
Paul J. Roberti,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2026-15808 Filed 8-3-26; 8:45 am]
BILLING CODE 4910-60-P