90 FR 124 pgs. 28571-28574 - Hazardous Materials: Reducing Costs to Domestic Shippers and Carriers of Limited Quantities
Type: PRORULEVolume: 90Number: 124Pages: 28571 - 28574
Pages: 28571, 28572, 28573, 28574Docket number: [Docket No. PHMSA-2025-0090 (HM-268B)]
FR document: [FR Doc. 2025-12127 Filed 6-27-25; 4:15 pm]
Agency: Transportation Department
Sub Agency: Pipeline and Hazardous Materials Safety Administration
Official PDF Version: PDF Version
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 172 and 173
[Docket No. PHMSA-2025-0090 (HM-268B)]
RIN 2137-AG04
Hazardous Materials: Reducing Costs to Domestic Shippers and Carriers of Limited Quantities
AGENCY:
Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT).
ACTION:
Notice of proposed rulemaking (NPRM).
SUMMARY:
This NPRM proposes to remove undue regulatory burdens by allowing for a reduced sized marking for limited quantity shipments of hazardous materials.
DATES:
Comments must be received on or before September 2, 2025.
ADDRESSES:
You may submit comments identified by the Docket Number PHMSA-2025-0090 using any of the following methods:
E-Gov Web: https://www.regulations.gov. This site allows the public to enter comments on any Federal Register notice issued by any agency. Follow the online instructions for submitting comments.
Mail: Docket Management System: U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery: U.S. DOT Docket Management System: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Instructions: Please include the docket number PHMSA-2025-0090 at the beginning of your comments. If you submit your comments by mail, submit two copies. If you wish to receive confirmation that PHMSA received your comments, include a self-addressed stamped postcard. Internet users may submit comments at https://www.regulations.gov.
Note:
Comments are posted without changes or edits to https://www.regulations.gov, including any personal information provided. There is a privacy statement published on https://www.regulations.gov.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to https://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.dot.gov/privacy.
Confidential Business Information: Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA, 5 U.S.C. 552), CBI is exempt from public disclosure. It is important that you clearly designate the comments submitted as CBI if: your comments responsive to this document contain commercial or financial information that is customarily treated as private; you actually treat such information as private; and your comment is relevant or responsive to this notice. You may ask PHMSA to provide confidential treatment to information you give to the agency by taking the following steps: (1) mark each page of the original document submission containing CBI as "Confidential"; (2) send PHMSA, along with the original document, a second copy of the original document with the CBI deleted; and (3) explain why the information that you are submitting is CBI. Submissions containing CBI should be sent to T. Glenn Foster, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration (PHMSA), 2nd Floor, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, or by email at glenn.foster@dot.gov. Any materials PHMSA receives that is not specifically designated as CBI will be placed in the public docket.
Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov. Follow the online instructions for accessing the docket. Alternatively, you may review the documents in person at the street address listed above.
FOR FURTHER INFORMATION CONTACT:
T. Glenn Foster, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration (PHMSA), 2nd Floor, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, or by email at glenn.foster@dot.gov.
I. General Discussion
PHMSA is proposing to revise 49 CFR 172.315(a)(2) to allow for a reduced sized limited quantity marking ( i.e., a shipping label) for certain shipments of hazardous materials. PHMSA is also proposing to revise §?173.25(a)(6) to specifically state that this marking is not authorized on overpacks. PHMSA has made a preliminary determination that the current requirements in these regulations impose an undue burden on limited quantity shipments of hazardous materials. This NPRM, if finalized, would give affected entities regulatory flexibility by allowing a limited quantity marking to be used on certain packages. PHMSA expects that the proposed amendments would provide shippers and carriers of hazardous materials the ability to transport abundant, reliable, and affordable consumer products in response to residential, commercial, and industrial demand.
[top] A "limited quantity" of a hazardous material is defined in §?171.8 as the maximum amount of a hazardous material for which there is a specific labeling or packaging exception. Currently, §?172.315 specifies the marking requirements for limited quantities of hazardous materials, with paragraph (a)(2) of this section detailing the minimum size requirements. On January 17, 2024, PHMSA received a petition for rulemaking (P-1778? 1 ) from the Council of Safe Transportation of Hazardous Articles (COSTHA) requesting the incorporation of Department of Transportation (DOT) special permit (SP) 21015 into the Hazardous Materials Regulations (HMR). COSTHA requested the modification of §?172.315(a)(2) to allow for the transportation in commerce of packages containing limited quantities of hazardous materials with a reduced size limited quantity marking placed on the package shipping label. COSTHA noted in its petition that it was unaware of any incidents that occurred involving DOT-SP 21015, and that its incorporation into the HMR would
Footnotes:
1 ?P-1778, Council on the Safe Transportation of Hazardous Articles (COSTHA)- https://www.regulations.gov/docket/PHMSA-2024-0002/document.
PHMSA is not aware of any safety concerns related to the incorporation of DOT-SP 21015 into the HMR and agrees with the petitioner that doing so would reduce unnecessary compliance burdens; specifically, by eliminating the need to apply for a special permit in accordance with §?107.105, to seek party status in accordance with §?107.107, and to request a renewal in accordance with §?107.109. Incorporating DOT-SP 21015 into the HMR would also allow offerors of limited quantities shipments to use a consolidated marking on the shipping label, eliminating the need for a separate limited quantity label.
For these reasons, PHMSA is proposing to revise §?172.315 to allow for a reduced size limited quantity marking that is also capable of electronically communicating to carriers that the package contains hazardous materials shipped under a limited quantity exception and the authorized modes of transportation. PHMSA is also proposing to revise §?173.25(a)(6) to specifically state that the reduced sized limited quantity mark is not authorized on overpacks. PHMSA does not expect these revisions to have any adverse impact on safety.
II. Regulatory Analysis and Notices
A. Legal Authority
This proposed rule is published under the authority of the Secretary of Transportation 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 Orders 12866; Regulatory Planning and Review
Executive Order (E.O.) 12866 ("Regulatory Planning and Review"), 2 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." 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.
Footnotes:
2 ?58 FR 51735 (Oct. 4, 1993).
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 proposed rule is a not significant regulatory action pursuant to E.O. 12866; it also has not designated this rule 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 DOT Order 2100.6B and made a preliminary determination that this proposed rule will result in cost savings by reducing regulatory burdens and regulatory uncertainty for hazardous materials shippers and carriers. The proposed rule would eliminate the need for a separate limited quantity label, as the hazard communication information would be embedded in the shipping label, producing cost savings for the transportation industry and the public to whom those entities generally transfer a portion of their compliance costs.
C. Executive Orders 14192 and 14219
This proposed rule, if finalized as proposed, is expected to be an E.O. 14192 deregulatory action. 3 PHMSA seeks data that would be helpful to generate an estimate of the cost savings from this rule. PHMSA's initial estimates are that the total costs of the rule on the regulated community will be less than zero. Nor does this proposed rule does 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."? 4
Footnotes:
3 ?90 FR 9065 (Jan. 31, 2025).
4 ?90 FR 10583 (Feb. 19, 2025).
D. Energy-Related Executive Orders 13211, 14154, and 14156
The President has declared in E.O. 14156 ("Declaring a National Energy Emergency")? 5 a national emergency to address the United States's inadequate energy development production, transportation, refining, and generation capacity. Similarly, E.O. 14154 ("Unleashing American Energy")? 6 asserts a Federal policy to unleash American energy by ensuing 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 such as PHMSA-jurisdictional shippers and carriers of hazardous materials. PHMSA preliminarily finds this proposed rule is consistent with each of E.O. 14156 and E.O. 14154 because it will not impose any burden on the transportation of energy or energy-related products.
Footnotes:
5 ?90 FR 8353 (Jan. 29, 2025).
6 ?90 FR 8353 (Jan. 29, 2025).
This proposed rule is not a "significant energy action" under E.O. 13211 ("Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use"), 7 which requires Federal agencies to prepare a Statement of Energy Effects for any "significant energy action." Because this proposed rule is not a significant action under E.O. 12866, it will not have a significant adverse effect on supply, distribution, or energy use; and OIRA has therefore not designated this proposed rule as a significant energy action. Therefore, the consultation and funding requirements of E.O. 13132 do not apply.
Footnotes:
7 ?66 FR 28355 (May 22, 2001).
E. Executive Order 13132: Federalism
[top] PHMSA analyzed this proposed rule in accordance with the principles and criteria contained in E.O. 13132 ("Federalism")? 8 and the Presidential Memorandum ("Preemption") published in the Federal Register on May 22, 2009. 9 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
Footnotes:
8 ?64 FR 43255 (Aug. 10, 1999).
9 ?74 FR 24693 (May 22, 2009).
(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 proposed rule addresses covered subject items paragraph I above and would preempt state, local, and Tribal requirements not meeting the "substantively the same" standard. While the proposed rule may operate to preempt some State requirements, it would 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 responsibilities among the various levels of government. The preemptive effect of the regulatory amendments in this proposed 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 an Initial Regulatory Flexibility Analysis (IRFA) for a proposed rule subject to notice-and-comment rulemaking under the APA unless the agency head certifies that the proposed rule in the rulemaking 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")? 10 obliges agencies to establish procedures promoting compliance with the Regulatory Flexibility Act. DOT posts its implementing guidance on a dedicated web page. 11 This proposed rule was developed in accordance with E.O. 13272 and DOT implementing guidance to ensure compliance with the Regulatory Flexibility Act. The proposed rule is expected to reduce burdens. Therefore, PHMSA certifies the proposed rule does not have a significant impact on a substantial number of small entities.
Footnotes:
10 ?67 FR 53461 (Aug. 16, 2002).
11 ?DOT, "Rulemaking Requirements Related to Small Entities," https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last accessed Sept 3, 2024).
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 direct 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, amongst other things, a written statement that qualitatively and quantitatively assesses the costs and benefits of the Federal mandate.
This proposed 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
The National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et. seq.) requires that Federal agencies assess and consider the impact of major Federal actions on the human and natural environment.
PHMSA analyzed this proposed rule in accordance with NEPA and has preliminarily determined that the rulemaking will not adversely affect safety and therefore will not significantly affect the quality of the human and natural environment.
I. Executive Order 13175
PHMSA analyzed this proposed rule according to the principles and criteria in E.O. 13175 ("Consultation and Coordination with Indian Tribal Governments")? 12 and DOT Order 5301.1A ("Department of Transportation Tribal Consultation Policies and Procedures"). 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.
Footnotes:
12 ?65 FR 67249 (Nov. 9, 2000).
PHMSA assessed the impact of the proposed 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 proposed rule will not significantly or uniquely affect Tribal communities, much less impose substantial compliance costs on Native American 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. However, this rulemaking eliminates the need for persons to renew a special permit, resulting in a decrease in paperwork burden for special permit holders. PHMSA estimates the reduction in information collection burden as follows:
OMB Control No. 2137-0051: Rulemaking, Special Permits, and Preemption Requirements.
Decrease in Annual Number of Respondents: 8.
Decrease in Annual Responses: 8.
Decrease in Annual Burden Hours: 12.
Decrease in Annual Burden Cost: $0.
[top] PHMSA specifically requests comments on the information collection and recordkeeping burdens associated with developing, implementing, and maintaining these requirements for approval under this NPRM. Address written comments to the Dockets Unit as identified in the ADDRESSES section of this NPRM. PHMSA must receive comments regarding information collection burdens prior to the close of the comment period identified in the DATES section of this NPRM. Notwithstanding any other provision of law, no person is required to respond to a collection of information unless such collection displays a valid Office of
Please direct your requests for a copy of this information collection to Steven Andrews, Office of Hazardous Materials Standards (PHH-12), Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, 2nd Floor, Washington, DC 20590-0001.
K. Executive Order 13609 and International Trade Analysis
E.O. 13609 ("Promoting International Regulatory Cooperation")? 13 requires agencies 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. 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.
Footnotes:
13 ?77 FR 26413 (May 4, 2012).
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 proposed 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")? 14 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 proposed rule and has determined that its regulatory amendments would not materially affect the cybersecurity risk profile for affected entities.
Footnotes:
14 ?86 FR 26633 (May 17, 2021).
List of Subjects
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, Labeling, Markings, Packaging and containers, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Training, Packaging and containers, Reporting and recordkeeping requirements.
For the reasons set forth above, PHMSA proposes to amend 49 CFR parts 172 and 173 as follows:
PART 172-HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS
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.
2. In §?172.315, add paragraph (a)(2)(iii) to read as follows:
§?172.315 Limited quantities.
(a) * * *
(2) * * *
(iii) Reduced Size Marking on Shipping Labels. Except for the shipment of radioactive materials and hazardous materials transported by air or international vessels, the shipper may place a reduced size limited quantity marking on the package shipping label regardless of the size of packaging. Each marking must be a minimum of 25 mm on each side and the width of the border forming the square on point must be readily visible. The square-on-point must be durable, legible, readily visible and displayed on a background of sharply contrasting color. Each shipping label must be capable of electronically communicating to carriers that the package contains hazardous materials shipped under a limited quantity exception and the authorized modes of transportation.
PART 173-SHIPPERS-GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS
3. 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.
4. In §?173.25, revise paragraph (a)(6) to read as follows:
§?173.25 Authorized packagings and overpacks.
(a) * * *
(6) For limited quantities, the overpack is marked with a limited quantity marking prescribed in §?172.315 of this subchapter, unless a limited quantity marking representative of the hazardous material in the overpack is visible. The reduced size marking (25 mm × 25 mm) is not authorized for use on the outside of an overpack.
Issued in Washington, DC, on June 26, 2025, under the authority delegated in 49 CFR 1.97.
Benjamin D. Kochman,
Acting Administrator.
[FR Doc. 2025-12127 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-60-P