PHMSA Extends Comment Period for Proposed Modernization Rule
The Pipeline and Hazardous Materials Safety Administration (PHMSA) is extending the comment period for an additional 60 days for the Advance Notice of Proposed Rulemaking (ANPRM) HM-265A. Originally, the comment period for HM-265A was supposed to close out on October 3, 2023. However, at the request of several industry professionals, PHMSA has elected to extend the comment period. The comment period will now close on December 4, 2023.
This extension provides the public with an additional 60 days and should provide adequate opportunity for the public and industry professionals to submit comments. PHMSA also mentioned that it may, at its discretion, extend the comment period further if necessary.
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PHMSA’s original publication of the ANPRM
Originally, PHMSA published ANPRM HM-265A on July 5, 2025. PHMSA’s intent fort HM-265A is to gather feedback from those affected by the rules, with the goal of modernizing the Hazardous Materials Regulations (HMR) and improving safety and efficiency.
The proposed rule contains 46 specific hazmat topics. Many of these topics were included from previous rulemakings that industry professionals had commented on, but never made it into the final rule. Now is your chance to submit your comments to influence the rules that affect your operations.
Below is a brief list of topics PHMSA is looking at changing in proposed rule HM-265A: General HMR
- Evaluation of carrier maintenance of emergency response information
- Non-bulk packaging, intermediate bulk container, and large packaging periodic retest extension
- Aerosol classification alignment
- Residue intermediate bulk container (IBC) exceptions
- Requirements for damaged, defective, or recalled lithium cells and batteries
- Ethyl alcohol exception in 173.150
- Limited quantity training exception
- Design certifying engineer experience
Vessel regulations
- Ltd qty shipping paper exception by vessel
- Convention for safe containers data plate and inspection requirements
Rail regulations
- Identification of freight containers in rail transportation
- Exceptions for rail transport of lithium batteries for purposes of recycling and disposal
- Tank car manway inspections
- Tank car thermal protection standard
- Occupied locomotive train placement
- Offering a tank car after qualification expiration
Highway regulations
- Updating requirements for transporting hazmat on passenger-carrying motor vehicles
- Cargo tank test and inspection requirements
- Removing exceptions for cargo tank inspections
- Cargo tank reflectivity
- Cargo tank registered inspector requirements
- Cargo tank design certifying engineer requirements
- Placard display on IBCs
Submitting comments
Comments can be made through the Federal Rulemaking Portal http://www.regulations.gov. If you plan to submit comments, make sure you include the agency name, docket number PHMSA–2019–0031 (HM–265A) or RIN (Registration Identification Number) 2137–AF47.
Key to remember: PHMSA is requesting information on 46 hazmat topics to help modernize the HMR to improve safety and efficiency through all modes of transportation. Interested parties should comment on the ANPRM by December 4, 2023.