DOT's New Hazmat Rules for Fuels

This month, two US DOT Agencies finalized rules impacting hazmat shippers that deal with fuels.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) finalized amendments to the Hazardous Materials Regulations (HMR) reduce regulatory burdens, and the Federal Motor Carrier Safety Administration (FMCSA) is allowing states to waive hazardous materials (HM) endorsements for CDL holders.

PHMSA Amends Hazmat Regulations to Reduce Regulatory Burdens

PHMSA is adopting several, but not all, of the amendments from its proposed rule titled “Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation.”

In effect as of February 13, 2026, the amendments in this final rule are intended to reduce costs and eliminate unnecessary regulatory burdens on the transportation of hazardous materials while maintaining the current level of safety provided by the Hazardous Materials Regulations (HMR).

The amendments adopted in this final rule include:

• Revising the cargo tank facility registration requirements to allow for electronic submission procedures.
• Revising the marking requirements for multiple petroleum distillate fuels (e.g., gasoline and diesel fuel) to allow the marking of the identification number of the fuel with the lowest flash point transported on the same or previous business day.
• Allowing the use of external coverings other than paint that meet reflectivity requirements for Cargo Tank Motor Vehicles (CTMVs).
• Allowing the use of video cameras or video optics equipment for cargo tank inspections or tests.

The rule also modifies training requirements for employees who manufacture, repair, modify, recondition, or test packagings and do not offer for transportation (or transport) hazardous materials in commerce.

Proposals Not Included in This Final Rule

Regulatory updates that DOT proposed in October 2024 that the Agency did not advance for the January final rule may be included in another final rule at a later date. The proposals include:

• Amendments to the HMR to address 2017 Rail Safety Advisory Committee (RSAC) consensus recommendations.
• The Association of American Railroads’ (AAR) delegated authority to approve tank car designs and tank car facility quality assurance programs.
• Revisions to the construction and qualification of highway CTMVs.
• Revisions to improve the safe transport of hazardous materials by vessel.

States Allowed to Waive HM Endorsements for CDL Holders

On December 4, 2024, FMCSA proposed a rule titled “Transportation of Fuel for Agricultural Aircraft Operations” to amend the CDL regulations to provide US states additional flexibility to waive the hazardous materials (HM) endorsement requirement for certain drivers.

FMCSA finalized this rule in January 2026 and amended the Federal Motor Carrier Safety Regulations to allow states to waive the HM endorsement requirement for holders of Class A commercial driver’s licenses (CDL) who transport no more than 1,000 gallons of aviation grade jet fuel in support of seasonal agricultural aircraft operations.

Effective March 10, 2026, petitions for reconsideration of this final rule must be submitted to the FMCSA Administrator no later than February 9, 2026.

Tags: Class 3, flammable liquids, FMCSA, hazmat shipping, PHMSA