PHMSA’s Summer 2026 Final Rule Frenzy

Between August 4 and August 7, 2026, US DOT PHMSA finalized all 17 rules it proposed just over a year prior, in July 2025. Below, find a summary of the actions taken by PHMSA. These rules are scheduled to take effect by December 2, 2026.

Lion Members can log in to view a Member Bulletin that describes each rule and links to its Federal Register entry.

Reducing Costs and Burdens to Domestic Companies

PHMSA published several rules that aim to reduce costs and burdens for domestic companies. These rules impact compliance by:

1. Revising the domestic definition of “aerosol” in 49 CFR 171.8 to incorporate aerosols that expel “only gases” (e.g., spray duster), aligning the HMR with current international standards. The DOT’s previous definition of “aerosol” only allowed aerosols that expelled liquids and solids.
2. Allowing the use of a reduced-size marking for limited quantities (25 mm by 25 mm) under certain conditions.
3. Allowing for equipment containing more lithium batteries to be carried aboard a vehicle as hazmat Materials of Trade, or MOTs.
4. Providing domestic carriers the option to maintain electronic copies of emergency response information rather than requiring a hard copy printed on paper.
5. Allowing motor and vessel carriers the option to carry their PHMSA certificate of registration in electronic form.
6. Increasing the annual gross receipts total for farmers who are excluded (under certain conditions) from the requirement to provide in-depth security plan training to employees, from $500,000 to $825,000.

Adopting DOT Special Permits into the HMR

PHMSA finalized five rules that incorporate the terms of the following hazmat Special Permits (SPs) into the text of the HMR to make their regulatory reliefs more widely available: SP12412, SP11646, SP21287, SP21379, SP14175, and SP21478.

Other Updates That Impact Compliance

Additional actions that affect hazmat shippers include:

1. Revising 49 CFR 172.101 Appendix A, which is meant to reflect EPA’s list of hazardous substances under CERCLA 40 CFR 302. The DOT replaced the duplicative list with a reference to the EPA list.
2. Allowing special permit grantees to renew a special permit any time before its expiration date.
3. Allowing packagings authorized under a manufacturing special permit to be used for the duration of their useful life, provided the packaging is safe and suitable for transportation.
4. Mandating electronic payment submission for hazardous materials registration.
5. Removing references to outdated publications issued by the American Association of Railroads (AAR), Bureau of Explosives (BOE), and others and remove requirements related to reporting, tank car transloading, and more.
6. Allowing less dangerous fireworks to be certified through certain agencies rather than going through the lengthy approval process that most explosives require.