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PHMSA Unified Agenda

The unified agenda is a summary of all current and projected rulemakings, reviews of existing regulations, and completed actions of the Department of Transportation, including the Pipeline and Hazardous Materials Safety Administration (PHMSA). The agenda provides the public with information about PHMSA’s regulatory activity. It is expected that this information will enable the public to be more aware of and allow it to more effectively participate in the PHMSA’s regulatory activity. The public is also invited to submit comments on any aspect of this agenda.

Published here are all the actions of the Pipeline and Hazardous Materials Safety Administration (PHMSA) categorized as Prerule Stage, Proposed Rule Stage, Final Rule Stage, and Completed Actions.

Title	Regulation Identifier Number
Hazardous Materials: Modernizing Regulations to Facilitate Transportation of Hazmat Using Autonomous Systems	2137-AF68
Hazardous Materials: Modernizing Regulations to Facilitate Transportation of Spacecraft and Space Related Hazardous Materials	2137-AF69

Title	Regulation Identifier Number
Hazardous Materials: Continued Conversion of Special Permits	2137-AF34
Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation	2137-AF41
Hazardous Materials: Modernizing Regulations To Improve Safety and Efficiency	2137-AF47
Hazardous Materials: Improving the Safety of Transporting Liquefied Natural Gas	2137-AF54
Hazardous Materials: Adjusting Registration and Fee Assessment Program	2137-AF59
Hazardous Materials: Modernizing Regulatory Requirements and Responding to Stakeholder Petitions	2137-AF62
Hazardous Materials: Harmonization with International Standards	2137-AF64
Hazardous Materials: Enhancing Safety for High-Hazard Trains (HHTs)	2137-AF65
Hazardous Materials: Improving the Safety of Transporting Damaged, Defective, or Recalled Lithium Cells or Batteries	2137-AF67

Title	Regulation Identifier Number
Hazardous Materials: Incorporation of ASME Code Section XII and the National Board Inspection Code	2137-AE58
Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information	2137-AF21
Hazardous Materials: Compatibility with the Regulations of the International Atomic Energy Agency	2137-AF42
Hazardous Materials: Streamlining Requirements for the Approval of Certain Energetic Materials	2137-AF50
Hazardous Materials: Revisions to the List of Hazardous Substances and Reportable Quantities	2137-AF66

Title: ●Hazardous Materials: Modernizing Regulations to Facilitate Transportation of Hazmat Using Autonomous Systems
Abstract: In this rulemaking, PHMSA would amend the Hazardous Materials Regulations (HMR) to address the role of autonomous transportation systems (e.g., drones, etc.) in the transportation of hazardous materials. The rulemaking will consider necessary clarifications to the HMR regarding handling, transportation, and hazard communication unique to the movement of hazardous materials by autonomous transport systems. PHMSA would coordinate closely with its modal partners within the Federal Aviation Administration, Federal Motor Carrier Safety Administration, Federal Railroad Administration, and U.S. Coast Guard to ensure a comprehensive approach that allows for the seamless movement of goods across multiple modes of transport while allowing for the specific needs of each mode to be safely addressed.
Agency: Department of Transportation (DOT)		Priority: Substantive, Nonsignificant
RIN Status:First time published in the Unified Agenda		Agenda Stage of Rulemaking: Prerule Stage
Major: No		Unfunded Mandates: No
CFR Citation: 49 CFR 172; 49 CFR 173
Legal Authority: 49 U.S.C. 5103(b)

Additional Information: Hazardous Materials (HM-266)	Government Levels Affected: None
Regulatory Flexibility Analysis Required: No	Federalism: No
Small Entities Affected: No	Public Comment URL: www.regulations.gov
Included in the Regulatory Plan: No
RIN Information URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Steven Andrews Transportation Regulations Specialist Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE, Washington, DC 20590 Phone:202-366-8553 Email: steven.andrews@dot.gov

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PHMSA Unified Agenda

Prerule stage

Proposed stage

Final rule stage

Title: ●Hazardous Materials: Modernizing Regulations to Facilitate Transportation of Spacecraft and Space Related Hazardous Materials
Abstract: In this rulemaking, PHMSA would amend the Hazardous Materials Regulations (HMR) to modernize and streamline the HMR, where necessary, to facilitate the transportation of hazardous materials involved in U.S. space operations. PHMSA will aim to identify problems and friction with the current regulatory scheme, and potentially reduce burdens on both PHMSA and the regulated community while advancing U.S. interests in the space industry. PHMSA would coordinate closely with its interagency partners (Department of Defense, National Aeronautics and Space Administration, etc.) and its modal partners (Federal Aviation Administration, Federal Motor Carrier Safety Administration, Federal Railroad Administration, and U.S. Coast Guard) to ensure a comprehensive approach that allows for the seamless movement of goods across multiple modes of transport while allowing for the specific needs of each mode to be safely addressed.
Agency: Department of Transportation (DOT)		Priority: Substantive, Nonsignificant
RIN Status:First time published in the Unified Agenda		Agenda Stage of Rulemaking: Prerule Stage
Major: No		Unfunded Mandates: No
CFR Citation: 49 CFR 107 49 CFR 172 49 CFR 173
Legal Authority: 49 U.S.C. 5103(b)

Title: Hazardous Materials: Continued Conversion of Special Permits
Abstract: This rulemaking would amend the Hazardous Materials Regulations (HMR) to adopt provisions contained in certain widely-used or long-standing special permits that have an established safety record. This rulemaking is intended to provide wider access to the regulatory flexibility offered in special permits and eliminate the need for numerous renewal requests. This rulemaking would also reduce paperwork burdens and facilitate commerce while maintaining an appropriate level of safety. PHMSA conducted an extensive analysis of active special permits, approvals, and related petitions, and those deemed suitable will be adopted into the HMR.
Agency: Department of Transportation (DOT)		Priority: Substantive, Nonsignificant
RIN Status:Previously published in the Unified Agenda		Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No		Unfunded Mandates: No
CFR Citation: 49 CFR 171; 49 CFR 172; 49 CFR 173; 49 CFR 174; 49 CFR 175; 49 CFR 176; 49 CFR 177; 49 CFR 178; 49 CFR 179; 49 CFR 180
Legal Authority: 49 U.S.C. 5101 et seq

Title: Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation
Abstract: This rulemaking would amend the Hazardous Materials Regulations to adopt a number of modal specific amendments that would enhance the safe transportation of hazardous materials. PHMSA, in consultation with the Federal Motor Carrier Safety Administration, the Federal Railroad Administration, and the United States Coast Guard, proposes amendments identified during Departmental review and from industry petitions for rulemaking.
Agency: Department of Transportation (DOT)		Priority: Substantive, Nonsignificant
RIN Status:Previously published in the Unified Agenda		Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No		Unfunded Mandates: No
CFR Citation: 49 CFR 171; 49 CFR 172; 49 CFR 173; 49 CFR 174; 49 CFR 176; 49 CFR 177; 49 CFR 178; 49 CFR 179; 49 CFR 180; 49 CFR 107
Legal Authority: 49 U.S.C. 5101 et seq.

Title: Hazardous Materials: Modernizing Regulations To Improve Safety and Efficiency
Abstract: PHMSA published the ANPRM to solicit stakeholder feedback on initiatives PHMSA is considering that may modernize the Hazardous Materials Regulations and improve efficiencies while maintaining or improving a current high level of safety. To fully engage with stakeholders, this ANPRM solicited comments and input on questions related to 46 distinct topics under consideration. The comments, data, and information received will be used to evaluate and potentially draft proposed amendments.
Agency: Department of Transportation (DOT)		Priority: Substantive, Nonsignificant
RIN Status:Previously published in the Unified Agenda		Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No		Unfunded Mandates: No
CFR Citation: 49 CFR 171; 49 CFR 172 49; CFR 173; 49 CFR 174; 49 CFR 175 49; CFR 176 49; CFR 177; 49 CFR 178; 49 CFR 179; 49 CFR 180
Legal Authority: 49 U.S.C. 5101 et seq.

Action	Date	FR Cite
ANPRM	07/05/2023	88 FR 43016
ANPRM Comment Period End	10/03/2023
NPRM	10/00/2024

Title: Hazardous Materials: Improving the Safety of Transporting Liquefied Natural Gas
Abstract: This rulemaking would amend the Hazardous Materials Regulations governing transportation of liquefied natural gas (LNG) in rail tank cars. This rulemaking action would incorporate the results of ongoing research efforts and collaboration with other Department of Transportation Operating Administrations and external technical experts; respond to a mandate in Executive Order 13990 for PHMSA to review recent actions that could be obstacles to Administration policies promoting public health and safety, the environment, climate change mitigation; and provide an opportunity for stakeholders to contribute their perspectives on rail transportation of LNG.
Agency: Department of Transportation (DOT)		Priority: Other Significant
RIN Status:Previously published in the Unified Agenda		Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No		Unfunded Mandates: No
CFR Citation: 49 CFR 172 49; CFR 173 49; CFR 174; 49 CFR 179 49; CFR 180
Legal Authority: 49 U.S.C. 5101 et seq

Title: Hazardous Materials: Adjusting Registration and Fee Assessment Program
Abstract: In order to account for increased transport of hazardous materials as well as the burdens such transport places on first responders, PHMSA proposes overdue updates to the registration fees under the statutorily mandated registration and fee assessment program for persons who transport, or offer for transportation, certain categories and quantities of hazardous materials. PHMSA's proposal would increase the annual fee to be paid by those registrants qualifying as a small business or not-for-profit organization by $125 to $375 and by those registrants not qualifying as a small business or not-for-profit organization by $425 to $3,000. Actions such as fee adjustments are necessary to fund PHMSA's Hazardous Materials Emergency Preparedness grants program at newly authorized levels in accordance with the Infrastructure Investment and Jobs Act (Pub. L. 117-58). PHMSA also proposes to implement an electronic-only registration fee payment process. Finally, PHMSA proposes to revise requirements to clarify that a certificate of registration may be carried in either electronic or paper form for both motor carriers and those who transport hazardous materials by vessel.
Agency: Department of Transportation (DOT)		Priority: Substantive, Nonsignificant
RIN Status:Previously published in the Unified Agenda		Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No		Unfunded Mandates: No
CFR Citation: 49 CFR 107
Legal Authority:

Action	Date	FR Cite
ANPRM	09/22/2022	87 FR 57859
ANPRM Comment Period End	12/21/2022
NPRM	05/24/2024	89 FR 45806
NPRM Comment Period End	08/22/2024

Title: Title: Hazardous Materials: Harmonization with International Standards
Abstract: The Federal hazardous materials transportation law requires the Secretary of Transportation to ensure that, to the extent practicable, regulations governing the transportation of hazardous materials in commerce are consistent with standards adopted by international authorities (49 U.S.C. 5120(b)). This rulemaking would amend the HMR, where appropriate, to maintain alignment with international standards that become effective as of January 1, 2025, and consequently facilitate the safe global trade of hazardous materials. Proposals in this rulemaking action may include but are not limited to: new entries and provisions for battery-powered vehicles (sodium-ion, lithium metal, and lithium ion); new classification provisions for certain fire suppression devices; amendments to limited quantities for Division 2.2 gases; and updates of International Organization for Standardization cylinder manufacturing and testing standards incorporated by reference.
Agency: Department of Transportation (DOT)		Priority: Substantive, Nonsignificant
RIN Status:Previously published in the Unified Agenda		Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No		Unfunded Mandates: No
CFR Citation: 49 CFR 171; 49 CFR 172; 49 CFR 173; 49 CFR 175; 49 CFR 176; 49 CFR 178; 49 CFR 180
Legal Authority: 49 U.S.C. 5101 et seq 49 U.S.C. 5120(b)

Title: Hazardous Materials: Enhancing Safety for High-Hazard Trains (HHTs)
Abstract: The Federal hazardous materials transportation law authorizes the Secretary of Transportation to prescribe regulations for the safe transportation, including security, of hazardous materials in intrastate, interstate, and foreign commerce (49 U.S.C. 5103(b)). In this rulemaking, PHMSA will consider whether regulatory requirements and operational controls that currently apply to "High-Hazard Flammable Trains" should be applied to a larger set of newly-designated "High-Hazard Trains," which would result in more stringent requirements for certain trains carrying hazardous materials other than flammable liquids.
Agency: Department of Transportation (DOT)		Priority: Other significant
RIN Status:Previously published in the Unified Agenda		Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No		Unfunded Mandates: No
CFR Citation: 49 CFR 172 49; CFR 174
Legal Authority: 49 U.S.C. 5101 et seq 49 U.S.C. 5103(b)

Title: ●Hazardous Materials: Improving the Safety of Transporting Damaged, Defective, or Recalled Lithium Cells or Batteries
Abstract: In this rulemaking, PHMSA would amend the Hazardous Materials Regulations (HMR) by updating and revising the transportation requirements for lithium cells or batteries determined to be damaged, defective, or recalled (DDR). This rulemaking would be informed by ongoing efforts to improve alignment of the domestic hazardous materials transportation requirements with provisions found in international standards regarding DDR lithium cells or batteries, where appropriate. Additionally, this rulemaking would update the authorized packaging requirements for DDR lithium cells and batteries by, for example, proposing to adopt into the HMR provisions from certain special permits issued to U.S. stakeholders allowing specially designed packaging for transport of lithium cells and batteries. PHMSA will also address the transportation requirements of electric vehicles with DDR lithium batteries installed.
Agency: Department of Transportation (DOT)		Priority: Substantive, Nonsignificant
RIN Status:First time published in the Unified Agenda		Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No		Unfunded Mandates: No
CFR Citation: 49 CFR 172; 49 CFR 173
Legal Authority: 49 U.S.C. 5103(b)

Title: Hazardous Materials: Incorporation of ASME Code Section XII and the National Board Inspection Code
Abstract: This rulemaking amends the Hazardous Materials Regulations to revise existing requirements for the design, construction, and certification of cargo tank motor vehicles and cryogenic portable tanks. This rulemaking also amends the continuing qualification and maintenance requirements for cargo tank motor vehicles and portable tanks to reference the National Board Boiler and Pressure Inspectors National Board Inspection Code and addresses petitions for rulemaking to incorporate the standards in the American Society of Mechanical Engineers Boiler and Pressure Vessel Code Section XII.
Agency: Department of Transportation (DOT)		Priority: Substantive, Nonsignificant
RIN Status:First time published in the Unified Agenda		Agenda Stage of Rulemaking: Final Rule Stage
Major: No		Unfunded Mandates: No
CFR Citation: 49 CFR 173; 49 CFR 171; 49 CFR 178; 49 CFR 180; 49 CFR 107; 49 CFR 179
Legal Authority: 49 U.S.C. 5101 et seq

Action	Date	FR Cite
ANPRM	12/23/2010	75 FR 80765
ANPRM Comment period extended to 05/23/2011	03/01/2011	76 FR 11191
ANPRM Comment Period End	03/23/2011
ANPRM Extended Comment Period End	05/23/2011
NPRM	12/30/2013	78 FR 79363
NPRM Comment Period Extended	03/14/2014	79 FR 14465
NPRM Comment Period End	03/31/2014
NPRM Comment Period End	04/30/2014
Second NPRM	04/29/2016	81 FR 25627
Second NPRM Comment Period End	06/28/2016
Final Rule	07/00/2024

Title: Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information
Abstract: This rulemaking action responds to the Fixing America's Surface Transportation (FAST) Act of 2015, which directs the Secretary of Transportation to require railroads that transport hazardous materials to generate accurate, real-time, and electronic train consist information. The Infrastructure Investment and Jobs Act of 2021 amended Section 7302 of the FAST Act to remove the provision requiring railroads to provide electronic train consist information to fusion centers and instead require the electronic train consist information be provided to emergency response officials responding to or investigating an incident involving the transportation of hazardous materials by rail.
Agency: Department of Transportation (DOT)		Priority: Substantive, Nonsignificant
RIN Status:Previously published in the Unified Agenda		Agenda Stage of Rulemaking: Final Rule Stage
Major: No		Unfunded Mandates: No
CFR Citation: 49 CFR 172; 49 CFR 174; 49 CFR 171; 49 CFR 180
Legal Authority: 49 U.S.C. 5101 et seq.

Action	Date	FR Cite
ANPRM	01/19/2017	82 FR 6451
ANPRM Comment Period End	04/19/2017
NPRM	06/27/2023	88 FR 41541
NPRM Comment Period End	08/28/2023
Final Rule	07/00/2024

Title: Hazardous Materials: Compatibility with the Regulations of the International Atomic Energy Agency
Abstract: PHMSA, in coordination with the Nuclear Regulatory Commission, proposes to amend the Hazardous Materials Regulations to maintain alignment with international regulations and standards governing the transportation of Class 7 radioactive materials. Specifically, PHMSA proposes to adopt changes contained in the International Atomic Energy Agency standards. Additionally, PHMSA proposes regulatory amendments identified through internal regulatory review processes to update, clarify, correct, or streamline certain regulatory requirements applicable to the transportation of Class 7 (radioactive) materials.
Agency: Department of Transportation (DOT)		Priority: Substantive, Nonsignificant
RIN Status:Previously published in the Unified Agenda		Agenda Stage of Rulemaking: Final Rule Stage
Major: No		Unfunded Mandates: No
CFR Citation: 49 CFR 171; 49 CFR 172; 49 CFR 173; 49 CFR 175; 49 CFR 176; 49 CFR 177; 49 CFR 180; 49 CFR 174
Legal Authority: 49 U.S.C. 5101 et seq.

Action	Date	FR Cite
NPRM	09/12/2022	87 FR 55743
NPRM Comment Period End	12/12/2022
Final Rule	09/00/2024

Title: Hazardous Materials: Streamlining Requirements for the Approval of Certain Energetic Materials
Abstract: In this rulemaking PHMSA would amend the Hazardous Materials Regulations to revise the classification and approval process for certain low-hazard fireworks; to revise classification criteria for small arms cartridges to include tracer ammunition; to include the PHMSA portal as the method to submit applications for all explosives approvals; and to allow for voluntary termination of an explosive approval by the approval holder.
Agency: Department of Transportation (DOT)		Priority: Substantive, Nonsignificant
RIN Status:Previously published in the Unified Agenda		Agenda Stage of Rulemaking: Final Rule Stage
Major: No		Unfunded Mandates: No
CFR Citation: 49 CFR 107; 49 CFR 173; 49 CFR 171
Legal Authority: 49 U.S.C. 5101 et seq

Action	Date	FR Cite
NPRM	11/30/2023	88 FR 83514
NPRM Comment Period End	02/28/2024
Final Rule	11/00/2024

Title: ●Hazardous Materials: Revisions to the List of Hazardous Substances and Reportable Quantities
Abstract: In this rulemaking, PHMSA would amend the Hazardous Materials Regulations by revising the list of hazardous substances and reportable quantities. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) requires PHMSA to list and regulate all hazardous substances designated by statute or by the U.S. Environmental Protection Agency (EPA). EPA recently revised their list of hazardous substances through notice and comment rulemaking. This rulemaking simply harmonizes the lists to better enable shippers and carriers to identify the affected hazardous substances, comply with all applicable regulatory requirements, and make required notifications if the release of a hazardous substance occurs during transportation.
Agency: Department of Transportation (DOT)		Priority: Substantive, Nonsignificant
RIN Status:First time published in the Unified Agenda		Agenda Stage of Rulemaking: Final Rule Stage
Major: No		Unfunded Mandates: No
CFR Citation: 49 CFR 172
Legal Authority: 49 U.S.C. 5101 et seq.; 49 U.S.C. 5103(b)