Hazardous Materials Deregulatory NPRMs

On July 1, 2025, PHMSA published 17 new Notice of Proposed Rulemaking (NPRM) documents in the Federal Register. These NPRMs are part of a DOT-led effort to eliminate outdated, unnecessary, and overly burdensome regulatory requirements within the Hazardous Materials Regulations (HMR). The comment period for these NPRMs closes on September 2, 2025. This list of NPRMs includes:

• HM-268A: Reducing Burdens on Domestic Aerosol Shippers Proposes to revise the aerosol definition in § 171.8 to remove the requirement that it contain a liquid, powder, or paste. This would let small quantities of gas be shipped in aerosol containers instead of more costly cylinders or needing a special permit, aligning with international standards—helping U.S. companies compete globally.
• HM-268B: Reducing Costs to Domestic Shippers and Carriers of Limited Quantities Proposes allowing a smaller limited quantity marking in § 172.315(a)(2), reducing packaging and labeling costs and helping carriers move more packages per trip.
• HM-268C: Reducing Burdens on Domestic Companies Using Battery-Powered Equipment in Trades Proposes updating § 173.6 to increase the amount of lithium batteries allowed under the Materials of Trade (MOTs) exception. This would help companies using battery-powered equipment, like landscapers, to transport needed tools.

• HM-268D: Hazardous Materials: Reducing Burdens to Domestic Carriers Proposes allowing emergency response information to be displayed electronically, removing the current requirement for printed copies and easing compliance for shippers.
• HM-268E: Remove Redundant List of U.S. EPA CERCLA Hazardous Substances Proposes referencing the
  40 CFR § 302.4 hazardous substance list instead of duplicating it, eliminating 27 pages of duplicative regulatory text in the 49 CFR.
• HM-268F: Reducing Burdens by Allowing Continued Use of DOT Special Permit Packaging Proposes allowing the continued use of DOT special permit packaging for its full lifespan, even if the permit is not renewed or the original holder no longer exists.
• HM-268G: Improving Efficiencies for Special Permits and Approvals Renewals Proposes removing the rule requiring special permit renewal applications sixty days before expiration. This would reduce paperwork and allow permit use provided the renewal is filed before expiration.
• HM-268H: Modernizing Payments to and From America’s Bank Account Proposes requiring electronic payment for registration fees, eliminating outdated provisions allowing certified checks to improve payment efficiency.
• HM-268I: Removing Paperwork Burdens on Domestic Motor Carriers Proposes removing the requirement in § 107.620 for motor and vessel carriers to carry paper copies of their registration. Digital verification would be allowed as an additional option, reducing unnecessary paperwork.
• HM-268J: Reduce Training Burdens for American Farmers Proposes raising the income threshold for farmers exempt from security training from $500,000 to $825,000 to reflect inflation and ease burdens on small and mid-size farms.
• HM-268K: Removing Burdensome Rail Reporting Requirements Proposes removing outdated rail regulations and reporting requirements, such as references to steam-era materials and unnecessary reporting to non-federal groups like the Bureau of Explosives.
• HM-268L: Adopt DOT Special Permits 12412 and 11646 into the HMR Proposes adopting special permits allowing DOT-specification intermediate bulk containers (IBC) and drums to be unloaded while still on transport vehicles when specific safety control measures are followed, easing burdens for various small businesses.
• HM-268M: Adopt DOT-SP 21287 into the HMR Proposes adopting a special permit allowing small refrigerating machines with low-risk flammable gases (A2L) to be transported like non-flammable refrigerant gasses, easing compliance burdens.
• HM-268N: Adopt DOT-SP 21379 into the HMR Proposes adopting a special permit allowing large refrigerating systems with A2L gases to be transported under the same rules as systems using non-flammable refrigerant gases, reducing compliance burdens.
• HM-268O: Adopt DOT-SP 14175 into the HMR Proposes extending the requalification interval for certain gas cylinders from 5 to 10 years, reducing testing costs for companies using these cylinders.
• HM-268P: Adopt DOT-SP 21478 into the HMR Proposes allowing empty IBCs with only residue to be transported like non-bulk packages, reducing costs for the IBC reconditioning industry.
• HM-268Q: Allow Fireworks Certification Agencies (FCAs) to Approve Professional Fireworks Proposes allowing
  FCAs to approve both consumer and professional fireworks, speeding up approvals and easing the workload on federal staff.