Review – PHMSA Publishes Fuel Transportation Final Rule

Today DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule in the Federal Register (91 FR 1433) on “Hazardous Materials: Eliminating Unnecessary Regulatory Burdens on Fuel Transportation”. The notice of proposed rulemaking (NPRM) was published on October 28^th, 2024, under the title “Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation”.

This final rule is somewhat reduced in scope from the proposed change found in the NPRM. The changes that were adopted include:

In part 107, subpart F, revise the cargo tank facility registration requirements to allow for electronic submission procedures.

In section 171.7, replace the current incorporation by reference of Chlorine Institute (CI) drawings in paragraphs (l)(3) and (l)(4) with the entire CI Pamphlet 49,Recommended Practices for Handling Chlorine Bulk Highway Transports, which provides guidelines for the safe transportation of chlorine by highway. The updated incorporation by reference includes the use of the Midland Type pressure relief device (PRD) for cargo tanks transporting chlorine as referenced in updated section 173.315.

In section 172.336, revise the marking requirements for multiple petroleum distillate fuels to allow the marking of the identification number of the fuel with the lowest flash point transported in the same or previous business day.

In section 172.704, include hazmat employees who only manufacture packagings within the scope of the existing exception from safety training. Further, remove the security awareness training requirement for any hazmat employees who only perform hazmat activities related to packagings (e.g., employees who manufacture, repair, modify, recondition, or test packagings, and do not offer for transportation or transport hazardous materials in commerce).

In section 178.337-1(d), allow the use of external coverings other than paint that meet reflectivity requirements for Cargo Tank Motor Vehicles (CTMVs).

In section 180.407(a)(7), allow the use of video cameras or video optics equipment for cargo tank inspections or tests.

Effective Dates

Effective date – February 13^th, 2026,

Voluntary compliance date – January 14^th, 2026, and

Incorporation by reference date – February 13^th, 2026.

 

For more information on the provisions of this rule, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/phmsa-publishes-fuel-transportation - subscription required.