PHMSA Publishes HAZMAT via HATS ANPRM

Today the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published in the Federal Register (90 FR 5836-55844) an advanced notice of proposed rulemaking (ANPRM) on “Hazardous Materials: Modernizing Regulations to Facilitate Transportation of Hazardous Materials Using Highly Automated Transportation Systems” (RIN 2137-AF68). PHMSA is seeking to obtain stakeholder input on potential revisions to the Hazardous Materials Regulations (HMR) to facilitate the safe transportation of hazardous materials using highly automated transportation systems. PHMSA had earlier published a request for information on this topic.

Highly Automated Transportation Systems (HATS)

The ANPRM provides a discussion about the potential types of modal highly automated transportation systems (HAT) that might be used to transport hazardous materials and the hazardous material regulation challenges that they may present. These include:

• Highly automated rail transportation systems,

• Highly automated air transportation systems,

• Highly automated vessel transportation systems, and

• Highly automated commercial motor vehicles

Potential Regulatory Issues

The ANPRM discusses a variety of regulatory issues that PHMSA thinks may need to be addressed by any HATS hazmat regulations. These include:

• Special permits,

• Shipping papers and emergency response information,

• Hazard communication,

• Training,

• Security plans and in-depth security training,

• Packaging, and

• Loading and unloading.

Questions to be Answered

The ANPRM poses a number of questions for which PHMSA is seeking specific input from industry and the public. These questions fall into four broad categories:

• General questions (19),

• Economic questions (7),

• Specific HMR questions (10), and

• Modal specific questions.

The modal specific questions address issues related to:

• Rail transportation (4),

• Air transportation (9),

• Vessel transportation (3), and

• Highway transportation (5).

Cybersecurity Issues

Surprisingly, cybersecurity issues are only briefly addressed in this ANPRM. In the discussion about potential regulatory issues, for instance, PHMSA notes:

“However, highly automated transportation systems carrying certain types or quantities of hazardous materials may “present significant security threats” due to the unique nature of these emerging technologies, including cybersecurity considerations.”

There is only one cybersecurity related question that PHMSA specifically lists in their quest for information:

“8. How should PHMSA consider any cybersecurity concerns created by the use of highly automated transportation systems? Who should PHMSA consult regarding these concerns?”

Of course, part of the reason for this light coverage is that PHMSA is generally not the agency that addresses transportation security issues, that is the regulatory responsibility of the Transportation Security Administration under DHS. PHMSA regulations do lightly cover some security issues, but the heavy lifting has been left to TSA, particularly in regards to cybersecurity issues. That question 8 above would be a good place for industry and the public to weigh in on this issue.

Public Comments

PHMSA is soliciting public comments on this ANPRM. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # PHMSA-2024-0064). Comments should be submitted by March 4^th, 2026.