Hazardous Materials: Remove Redundant List of U.S. EPA CERCLA Hazardous Substances

• Citation: 91 FR 49305
• Published date: 04 August 2026
• FR Document: 2026-15809
• Pages: 49305-49310
• Section: Rules and Regulations
• Issuer: Transportation Department,Pipeline and Hazardous Materials Safety Administration

49305

Federal Register / Vol. 91, No. 148 / Tuesday, August 4, 2026 / Rules and Regulations

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77 FR 26413 (May 4, 2012).

15

86 FR 26633 (May 17, 2021).

K. Executive Order 13609 and

International Trade Analysis

E.O. 13609 (Promoting International

Regulatory Cooperation)

14

requires

agencies consider whether the impacts

associated with significant variations

between domestic and international

regulatory approaches are unnecessary

or may impair the ability of American

business to export and compete

internationally. In meeting shared

challenges involving health, safety,

labor, security, environmental, and

other issues, international regulatory

cooperation can identify approaches

that are at least as protective as those

that are or would be adopted in the

absence of such cooperation.

International regulatory cooperation can

also reduce, eliminate, or prevent

unnecessary differences in regulatory

requirements.

Similarly, the Trade Agreements Act

of 1979 (Pub. L. 96–39), as amended by

the Uruguay Round Agreements Act

(Pub. L. 103–465), prohibits Federal

agencies from establishing any

standards or engaging in related

activities that create unnecessary

obstacles to the foreign commerce of the

United States. For purposes of these

requirements, Federal agencies may

participate in the establishment of

international standards, so long as the

standards have a legitimate domestic

objective, such as providing for safety,

and do not operate to exclude imports

that meet this objective. The statute also

requires consideration of international

standards and, where appropriate, that

they be the basis for U.S. standards.

PHMSA engages with international

standards setting bodies to protect the

safety of the American public. PHMSA

has assessed the effects of the final rule

and has determined that its regulatory

amendments will not cause unnecessary

obstacles to foreign trade.

L. Cybersecurity and Executive Order

14028

Executive Order 14028 (Improving the

Nation’s Cybersecurity) directed the

Federal Government to improve its

efforts to identify, to deter, and to

respond to ‘‘persistent and increasingly

sophisticated malicious cyber

campaigns.’’

15

PHMSA has considered

the effects of the final rule and has

determined that its regulatory

amendments would not materially affect

the cybersecurity risk profile for affected

entities.

M. Privacy Act Statement

In accordance with 5 U.S.C. 553(c),

DOT solicits comments from the public

to inform its rulemaking process better.

DOT posts these comments, without

edit, including any personal information

the commenter provides, to

www.regulations.gov, as described in

the system of records notice (DOT/ALL–

14 FDMS), which can be reviewed at

http://www.dot.gov/privacy. DOT’s

complete Privacy Act Statement in the

Federal Register published on April 11,

2000, or on DOT’s website at http://

www.dot.gov/privacy.

List of Subjects in 49 CFR Part 171

Definitions, Exports, Hazardous

materials transportation, Hazardous

waste, Imports, Reporting and

recordkeeping requirements.

In consideration of the foregoing,

PHMSA amends 49 CFR Chapter I as

follows:

PART 171—GENERAL INFORMATION,

REGULATIONS, AND DEFINITIONS

■1. The authority citation for part 171

continues to read as follows:

Authority: 49 U.S.C. 5101–5128, 44701;

Pub. L. 101–410 section 4; Pub. L. 104–134,

section 31001; Pub. L. 114–74 section 701 (28

U.S.C. 2461 note); 49 CFR 1.81 and 1.97.

■2. In § 171.8, revise the definition of

‘‘Aerosol’’ to read as follows:

§ 171.8 Definitions and abbreviations.

* * * * *

Aerosol means an article consisting of

a non-refillable receptacle containing a

gas (compressed, liquefied, or dissolved

under pressure), with or without a

nonpoisonous (other than a Division 6.1

Packing Group III material) liquid,

paste, or powder, and fitted with a self-

closing release device allowing the

contents to be ejected as a foam, paste,

or powder or in a liquid state or in a

gaseous state.

* * * * *

■3. In § 171.23, revise paragraph (b)(1)

to read as follows:

§ 171.23 Requirements for specific

materials and packagings transported

under the ICAO Technical Instructions,

IMDG Code, Transport Canada TDG

Regulations, or the IAEA Regulations.

* * * * *

(b) * * *

(1) Aerosols. Except for a limited

quantity of a compressed gas in a

container of not more than 4 fluid

ounces capacity meeting the

requirements in § 173.306(a)(1) of this

subchapter, the proper shipping name

‘‘Aerosol,’’ UN1950, may be used only

for a non-refillable receptacle containing

a gas compressed, liquefied, or

dissolved under pressure fitted with a

self-closing release device (see § 171.8 of

this subchapter). In addition, an aerosol

must be in a metal packaging when the

packaging exceeds 7.22 cubic inches.

* * * * *

Issued in Washington, DC, on July 31,

2026, under the authority delegated in 49

CFR 1.97.

Paul J. Roberti,

Administrator, Pipeline and Hazardous

Materials Safety Administration.

[FR Doc. 2026–15803 Filed 8–3–26; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials

Safety Administration

49 CFR Parts 171, 172, and 173

[Docket No. PHMSA–2025–0093 (HM–268E)]

RIN 2137–AG07

Hazardous Materials: Remove

Redundant List of U.S. EPA CERCLA

Hazardous Substances

AGENCY

: Pipeline and Hazardous

Materials Safety Administration

(PHMSA), Department of Transportation

(DOT).

ACTION

: Final rule.

SUMMARY

: To improve efficiency and

eliminate redundancy, this final rule

streamlines the Hazardous Materials

Regulations by modifying how

hazardous substances are listed. Instead

of maintaining a duplicative list, the

regulations will now rely on the

authoritative, comprehensive list

already maintained by the U.S.

Environmental Protection Agency.

DATES

: This final rule is effective

December 2, 2026.

FOR FURTHER INFORMATION CONTACT

:

Tony Horne, Standards and Rulemaking

Division, Pipeline and Hazardous

Materials Safety Administration

(PHMSA), 1200 New Jersey Avenue SE,

Washington, DC 20590, 202–366–8553,

tony.horne@dot.gov.

I. PHMSA Action

A. What action is PHMSA taking in this

final rule?

PHMSA is modifying how hazardous

substances and their reportable

quantities are listed within the

Hazardous Materials Regulations

(HMR). Specifically, rather than

maintaining a duplicative list found in

Tables 1 and 2 to Appendix A of 49 CFR

172.101 that must be periodically

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See PHMSA Letter of Interpretation 25–0013

(Sept. 23, 2025), available at: https://

www.phmsa.dot.gov/standards-rulemaking/

hazmat/interpretations/25-0013.

2

See 49 CFR 172.101 app. A, note 1 (‘‘It should

be noted that 42 U.S.C. 9656(b) provides that

common and contract carriers may be held liable

under laws other than CERCLA for the release of

a hazardous substance as defined in that Act,

during transportation that commenced before the

effective date of the listing and regulating of that

substance as a hazardous material under 49 U.S.C.

5101–5127.’’)

3

90 FR 28571 (Jul. 1, 2025).

revised for consistency with the U.S.

Environmental Protection Agency (EPA)

list found at 40 CFR 302.4, PHMSA is

amending Appendix A to reference the

EPA list directly. In addition, PHMSA is

revising the definitions of ‘‘hazardous

substance’’ and ‘‘reportable quantity

(RQ)’’ to reference the EPA list in a

seamless manner. Finally, PHMSA is

making a conforming revision to the

requirements for empty packagings to

reflect the newly modified structure of

Appendix A.

B. Does this action apply to me?

Effective 120 days after publication of

this final rule, persons offering for

transportation and transporting

materials that may be subject to

hazardous substance requirements in

the HMR must refer to the EPA

regulations at 40 CFR 302.4 for the list

of regulated hazardous substances and

their reportable quantities. Importantly,

because this action simply modifies

how the list is referenced within the

Code of Federal Regulations, it does not

functionally change whether a material

is classified as a hazardous substance.

C. Why is PHMSA taking this action?

To enhance government efficiency

and eliminate regulatory redundancy,

this final rule streamlines the HMR by

modifying how hazardous substances

are listed. Importantly, this action does

not delete the entire Hazardous

Materials Table (HMT); rather, it solely

amends the HMR to modify Appendix A

to the HMT—which currently houses a

redundant list of hazardous substances

and their reportable quantities (RQs)—

by directing compliance to the

comprehensive list already maintained

by the U.S. Environmental Protection

Agency (EPA) in a Table at 40 CFR

302.4. As a matter of sensible regulatory

oversight, this alignment avoids the

costly confusion of navigating out-of-

sync regulations. In the past,

stakeholders have expressed confusion

whether a hazardous substance that is

listed by EPA—but not yet listed by

PHMSA via a rulemaking—is subject to

transportation requirements under the

HMR for hazardous substances.

1

It also

ensures the regulated community can

avoid the inverse; specifically, a

circumstance where an entity incurs the

unnecessary expense of continuing to

transport a substance as a hazardous

material simply because a separate DOT

list lagged behind an EPA de-listing or

an increase in the RQ.

In addition, this action conserves

scarce government resources by

eliminating the need for periodic,

limited-purpose rulemakings previously

required to keep the HMR’s list and RQs

consistent with EPA updates.

Furthermore, directly referencing the

EPA’s list reflects the reality that

treating these designated substances as

hazardous materials in transport has

been a statutory requirement all along,

meaning that this rule should result in

no real-world change to how regulated

entities are operating.

2

II. Discussion of Comments Received in

Response to the Notice of Proposed

Rulemaking

PHMSA published a notice of

proposed rulemaking (NPRM), cited as

HM–268E, to gather feedback on

revising the HMR to streamline the

listing of hazardous substances and

reportable quantities by referring

directly to the source list found in EPA

regulations.

3

Please refer to the NPRM

for background and discussion of the

proposed change.

The following table alphabetically

lists commenters to the NPRM:

Commenter name Docket No.

Alliance for Chemical Distribution (ACD) ................................................................................................................... PHMSA–2025–0093–0009

Council on Safe Transportation of Hazardous Articles, Inc. (COSTHA) ................................................................... PHMSA–2025–0093–0006

Commercial Vehicle Safety Alliance (CVSA) ............................................................................................................. PHMSA–2025–0093–0010

Dangerous Goods Advisory Council (DGAC) ............................................................................................................ PHMSA–2025–0093–0008

Infotrac, Inc ................................................................................................................................................................ PHMSA–2025–0093–0003

Institute of Hazardous Materials Management (IHMM) ............................................................................................. PHMSA–2025–0093–0005

Rex Railsback ............................................................................................................................................................ PHMSA–2025–0093–0002

William Forbes ........................................................................................................................................................... PHMSA–2025–0093–0007

PHMSA received mixed support for

the proposed changes among the eight

sets of comments submitted in response

to the NPRM. Some commenters

supported the proposed changes

because eliminating the redundant list

is a practical way to ensure consistency

in how hazardous substances are

regulated in transportation. For

instance, COSTHA noted that the

revision removes duplication that has

historically caused inconsistencies

between PHMSA’s list and EPA’s

authoritative list, thereby creating

confusion for shippers, carriers, and

enforcement personnel.

PHMSA received varied feedback on

the proposed changes and appreciates

the input from all commenters. To

enhance consistency, efficiency, and

clarity, the agency is proceeding with

the revisions to address the issue of

redundant regulatory text. Addressing

this duplication aligns PHMSA’s

requirements with the EPA’s

authoritative list and resolves historical

inconsistencies that have caused

unnecessary and avoidable confusion

for shippers, carriers, and enforcement

personnel.

However, some commenters

expressed concerns with the proposals.

PHMSA responds to those concerns as

follows:

A. Introducing Potential Burden From a

Second Set of Regulations

ACD, CVSA, DGAC, Mr. Rex

Railsback, and Mr. William Forbes

shared concerns regarding additional

economic burdens associated with

purchasing new regulatory texts and

associated retraining. CVSA stated that

commercial motor vehicle inspectors

who conduct hazardous materials

inspections must have ready access to

information that is reliable, and that the

proposed change may require inspectors

to navigate a second set of unfamiliar

regulations. DGAC believed that the

proposed change would require trainers

to provide print copies of, or excerpts

from, the relevant 40 CFR provisions to

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eCFR, available at: https://www.ecfr.gov/.

5

eCFR, Reader Aids, Understanding the eCFR,

available at https://www.ecfr.gov/reader-aids/

understanding-the-ecfr.

6

See note 2, supra (discussing 49 CFR 172.101

app. A, note 1).

7

58 FR 51735 (Oct. 4, 1993); 91 FR 22431 (Apr.

27, 2026); DOT Order 2100.7 (Ensuring Reliance

Upon Sound Economic Analysis in Department of

Transportation Policies, Programs, and Activities);

see also DOT Order 2100.6B (Policies and

Procedures for Rulemakings).

every affected hazmat employee, and

that enforcement officers would have to

maintain copies as well. Mr. Railsback

stated that the relevant 40 CFR

provisions are not available via the

electronic oCFR (which PHMSA notes is

an unofficial source provided as a

courtesy on the PHMSA website), and

that PHMSA does not make the relevant

40 CFR provisions available in print

without purchasing additional text.

PHMSA respectfully disagrees and

asserts this change will not impose any

economic burdens nor create any

accessibility issues. PHMSA does not

make any resources available in print.

Instead, the Office of the Federal

Register maintains a web-based version

of the entire CFR, to include relevant 40

CFR provisions, that is available for free

via the electronic CFR (eCFR), and it is

updated in real-time.

4

The relevant

portions of 40 CFR can also be

downloaded on an electronic device to

use in areas with limited internet or

cellular connectivity. Therefore, because

the entire CFR is available free online,

and it is updated on a daily basis,

PHMSA does not believe this rule will

be a barrier or create any burdens for

trainers, hazmat employees, or

enforcement personnel.

5

B. Training

DGAC and Infotrac, Inc. stated the

proposed changes would necessitate

additional training on different sets of

regulations that hazmat employees

normally do not receive. DGAC further

argued that:

[A]n inordinately large number of

individuals will be impacted. In

addition, because the determination of

whether or not a material is a hazardous

substance under the HMR is based on

whether the quantity per package equals

or exceeds the listed reportable

quantity, the proposed change would

require numerous additional

individuals who package materials to

require training in the use of 40 CFR in

addition to their existing required

training on the HMR.

DGAC concluded that the need for

additional training stems from the

prospect of materials being added to or

removed from the list of hazardous

substances and persons having to

monitor the Federal Register for

changes to relevant 40 CFR provisions.

PHMSA acknowledges the concerns

raised by these commenters but

respectfully disagrees. First, this action

does not delete the Hazardous Materials

Table (HMT) itself; rather, it solely

modifies Appendix A. In addition, those

persons using the free, online eCFR will

be able to access the relevant 40 CFR

provisions directly via a hyperlink.

More importantly, this rule imposes

no substantive, real-world changes to

the applicability of the HMR to

hazardous substances. A hazardous

substance is regulated under the HMR if

it is listed in the relevant 40 CFR

provisions and it equals or exceeds the

(listed) RQ in a package.

6

Whether the

list resides in the HMR or in relevant 40

CFR provisions has no bearing on its

applicability to hazardous substances.

The EPA list remains the authoritative

list and resides in 40 CFR 302.4.

PHMSA now refers stakeholders to the

authoritative list located in relevant 40

CFR provisions. The eCFR provides

hyperlinks anytime a portion of the CFR

is cited in the regulatory text, making it

readily accessible by way of the HMR.

Moreover, part of the scope of HMR

training is providing assurances that a

hazmat employee has familiarity with

the general provisions of the HMR and

can recognize and identify the presence

of hazardous materials. Persons in the

business of transporting hazardous

materials that are hazardous substances

subject to HMR requirements should

already be familiar with the applicable

requirements. Such persons should also

be aware that changes can be made to

the list—including removals, additions,

or changes to RQs. In addition, PHMSA

believes this general awareness or

familiarization training should already

be captured under the standard

recurrent training expected of hazmat

employers.

C. Preserving Appendix B

COSTHA and DGAC recommend

maintaining Appendix B as written and,

instead of converting the Appendix B

list of marine pollutant to Appendix A

as proposed, they suggest revising

Appendix A by providing a direct

reference to 40 CFR 302.4 for the list of

hazardous substances and their

reportable quantities. Specifically,

COSTHA noted that ‘‘keeping the . . .

placeholder and including a reference

link would provide better continuity

and make the regulation easier to

navigate,’’ and that ‘‘while referencing

two regulations adds an additional step

for compliance, it does improve long-

term efficiency and accuracy of these

applicable regulatory updates.’’ Further,

DGAC reasoned that adopting the

changes to the 49 CFR 172.101

appendixes would cause confusion and

potentially result in frustration or denial

of shipments.

PHMSA agrees with the commenters.

Rather than adopting the proposed

changes to 49 CFR 172.101 and to avoid

introducing confusion from relabeling

appendices, in this final rule PHMSA

will maintain the Appendix B to

§ 172.101—List of Marine Pollutants as

written and instead revise Appendix A

to reference 40 CFR 302.4.

D. Delayed Effective Date

IHMM asked PHMSA to consider a

delayed effective date to allow entities

to update systems and training materials

consistent with the transition from an

HMR list at 49 CFR to the EPA list at

40 CFR.

In consideration of the comments

about training and familiarity with

alternate regulatory text, PHMSA agrees

with IHMM and is providing a delayed

effective date to allow time to adjust.

This final rule has an effective date 120

days from the date of publication of the

final rule when Appendix A to 49 CFR

172.101 will refer to the list of

hazardous substances in 40 CFR 302.4.

PHMSA’s outreach program will make

efforts to ensure stakeholders are aware

of this change and are educated on how

to navigate from the relevant provisions

49 CFR to those in 40 CFR.

III. Regulatory Analysis and Notices

A. Legal Authority

This final rule is published under the

authority of the Secretary of

Transportation as set forth in the

Federal Hazardous Materials

Transportation Laws (49 U.S.C. 5101 et

seq.) and delegated to the PHMSA

Administrator pursuant to 49 CFR 1.97.

B. Executive Order 12866; Regulatory

Planning and Review

Executive Order (E.O.) 12866

(Regulatory Planning and Review), as

implemented by 49 CFR part 5, subpart

B, requires agencies to regulate in the

‘‘most cost-effective manner,’’ to make a

‘‘reasoned determination that the

benefits of the intended regulation

justify its costs,’’ and to develop

regulations that ‘‘impose the least

burden on society.’’

7

In arriving at those

conclusions, E.O. 12866 requires that

agencies should consider ‘‘both

quantifiable measures . . . and

qualitative measures of costs and

benefits that are difficult to quantify’’

and ‘‘maximize net benefits . . . unless

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90 FR 9065 (Feb. 6, 2025).

9

90 FR 10583 (Feb. 25, 2025).

10

90 FR 8433 (Jan. 29, 2025); 90 FR 8353 (Jan.

29, 2025).

11

66 FR 28355 (May 22, 2001).

12

64 FR 43255 (Aug. 10, 1999); 74 FR 24693 (May

22, 2009).

13

67 FR 53461 (Aug. 16, 2002).

14

DOT, Rulemaking Requirements Related to

Small Entities (last accessed Sept 3, 2024), available

at: https://www.transportation.gov/regulations/

rulemaking-requirements-concerning-small-entities.

a statute requires another regulatory

approach.’’ E.O. 12866 also requires that

‘‘agencies should assess all costs and

benefits of available regulatory

alternatives, including the alternative of

not regulating.’’ Pursuant to 49 CFR part

5, subpart B, PHMSA and other

Operating Administrations must

generally choose the ‘‘least costly

regulatory alternative that achieves the

relevant objectives’’ unless required by

law or compelling safety need. In

addition, 49 CFR part 5, subpart B

specifies that regulations should

generally ‘‘not be issued unless their

benefits are expected to exceed their

costs.’’

E.O. 12866 and 49 CFR part 5, subpart

B also require that PHMSA submit

‘‘significant regulatory actions’’ to the

Office of Information and Regulatory

Affairs (OIRA) within the Executive

Office of the President’s Office of

Management and Budget (OMB) for

review. This final rule is not a

significant regulatory action pursuant to

E.O. 12866 and has not been designated

as a ‘‘major rule’’ as defined by the

Congressional Review Act (5 U.S.C. 801

et seq.).

PHMSA has complied with the

requirements in E.O. 12866 as

implemented by 49 CFR part 5, subpart

B and determined this final rule will

result in cost savings to the government

by streamlining regulations and

eliminating redundancy. The rule will

also benefit the regulated public by

clarifying applicability and reducing

confusion.

C. Executive Orders 14192 and 14219

PHMSA has determined that this final

rule is an E.O. 14192 (Unleashing

Prosperity Through Deregulation)

deregulatory action.

8

PHMSA finds the

total costs of the rule on the regulated

community will be less than zero. This

final rule does not implicate any of the

factors identified in section 2(a) of E.O.

14219 (Ensuring Lawful Governance)

indicative of a regulation that is

‘‘unlawful . . . [or] that undermine[s]

the national interest.’’

9

D. Energy-Related Executive Orders

13211, 14154, and 14156

PHMSA has analyzed this final rule in

accordance with the principles and

criteria contained in E.O. 14156

(Declaring a National Energy

Emergency) and E.O. 14154 (Unleashing

American Energy).

10

The President has

declared a national emergency to

address America’s inadequate energy

development production,

transportation, refining, and generation

capacity and asserts a Federal policy to

unleash American energy by ensuring

access to abundant supplies of reliable,

affordable energy from (inter alia) the

removal of ‘‘undue burden[s]’’ on the

identification, development, or use of

domestic energy resources. PHMSA

finds this final rule to be consistent with

E.O. 14156 and E.O. 14154 because it

will not hinder or unduly burden the

transportation or production of energy

or energy-related products.

In addition, this final rule is not a

‘‘significant energy action’’ under E.O.

13211 (Actions Concerning Regulations

That Significantly Affect Energy Supply,

Distribution, or Use), which requires

Federal agencies to prepare a Statement

of Energy Effects for any ‘‘significant

energy action.’’

11

Because this final rule

is not a significant action under E.O.

12866, it will not have a significant

adverse effect on supply, distribution, or

energy use; accordingly, OIRA has not

designated this final rule as a significant

energy action.

E. Executive Order 13132: Federalism

PHMSA analyzed this final rule in

accordance with the principles and

criteria contained in E.O. 13132

(Federalism) and the Presidential

Memorandum (Preemption) published

in the Federal Register on May 22,

2009.

12

E.O. 13132 requires agencies to

assure meaningful and timely input by

State and local officials in the

development of regulatory policies that

may have ‘‘substantial direct effects on

the States, on the relationship between

the National Government and the States,

or on the distribution of power and

responsibilities among the various

levels of government.’’ The Federal

Hazardous Materials Transportation

Laws contain an express preemption

provision at 49 U.S.C. 5125(b) that

preempts State, local, and Tribal

requirements on certain covered

subjects, unless the non-Federal

requirements are ‘‘substantively the

same’’ as the Federal requirements,

including the following:

(1) The designation, description, and

classification of hazardous material;

(2) The packing, repacking, handling,

labeling, marking, and placarding of

hazardous material;

(3) The preparation, execution, and

use of shipping documents related to

hazardous material and requirements

related to the number, contents, and

placement of those documents;

(4) The written notification,

recording, and reporting of the

unintentional release in transportation

of hazardous material; and

(5) The design, manufacture,

fabrication, inspection, marking,

maintenance, recondition, repair, or

testing of a packaging or container

represented, marked, certified, or sold

as qualified for use in transporting

hazardous material in commerce.

This final rule addresses items

covered in Paragraph 1 above and

would preempt State, local, and Tribal

requirements not meeting the

‘‘substantively the same’’ standard.

Though the final rule may operate to

preempt some State requirements, it

would not impose any regulation that

has substantial direct effects on the

States, the relationship between the

National Government and the States, or

the distribution of power and

responsibilities among the various

levels of government. The preemptive

effect of the regulatory amendments in

this final rule is limited to the minimum

level necessary to achieve the objectives

of the Federal Hazardous Materials

Transportation Laws. Therefore, the

consultation and funding requirements

of E.O. 13132 do not apply.

F. Regulatory Flexibility Act

The Regulatory Flexibility Act (5

U.S.C. 601 et seq.) requires Federal

agencies to conduct a Final Regulatory

Flexibility Analysis (RFA) for a final

rule that has been subject to notice-and-

comment rulemaking under the APA

unless the agency head certifies that the

final rule will not have a significant

economic impact on a substantial

number of small entities. E.O. 13272

(Proper Consideration of Small Entities

in Agency Rulemaking) obliges agencies

to establish procedures promoting

compliance with the Regulatory

Flexibility Act.

13

DOT posts information

on a dedicated web page to help small

businesses understand and navigate

Federal regulatory processes.

14

This

final rule was developed in accordance

with E.O. 13272 and DOT implementing

guidance to ensure compliance with the

Regulatory Flexibility Act. The final

rule will reduce burdens. Therefore,

PHMSA certifies the final rule does not

have a significant impact on a

substantial number of small entities.

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Federal Register / Vol. 91, No. 148 / Tuesday, August 4, 2026 / Rules and Regulations

15

DOT, PHMSA, Implementing Procedures (Aug.

28, 2025), available at: https://www.phmsa.dot.gov/

planning-and-analytics/environmental-analysis-

and-compliance/implementing-procedures.

16

65 FR 67249 (Nov. 9, 2000).

17

77 FR 26413 (May 4, 2012).

18

86 FR 26633 (May 17, 2021).

G. Unfunded Mandates Reform Act of

1995

The Unfunded Mandates Reform Act

(UMRA, 2 U.S.C. 1501 et seq.) requires

agencies to assess the effects of Federal

regulatory actions on State, local, and

Tribal governments, and the private

sector. For any proposed or final rule

that includes a Federal mandate that

may result in the expenditure by State,

local, and Tribal governments, in the

aggregate of $100 million or more (in

1996 dollars) in any given year, the

agency must prepare, amongst other

things, a written statement that

qualitatively and quantitatively assesses

the costs and benefits of the Federal

mandate.

This final rule does not impose

unfunded mandates under UMRA

because it does not result in costs of

$100 million or more (in 1996 dollars)

per year for either State, local, or Tribal

governments, or to the private sector.

H. National Environmental Policy Act

PHMSA has analyzed this rule

pursuant to the National Environmental

Policy Act (NEPA; 42 U.S.C. 4321 et

seq.) and has determined it is

categorically excluded under 23 CFR

771.117(c)(20), which applies to the

promulgation of rules, regulations, and

directives. Under Section 9 of DOT

Order 5610.1D, PHMSA may apply a

categorical exclusion (CE) established in

another Operating Administration’s

procedures. PHMSA followed the

requirements outlined in DOT Order

5610.1D to apply the Federal Highway

Administration’s CE to this deregulatory

action. PHMSA has determined no

unusual circumstances are present

under 23 CFR 771.117(b). PHMSA’s

Categorical Exclusion Determination

memo for this action is available on

PHMSA’s website.

15

I. Executive Order 13175

PHMSA analyzed this final rule

according to the principles and criteria

in E.O. 13175 (Consultation and

Coordination with Indian Tribal

Governments) and DOT Order 5301.1A

(Department of Transportation Tribal

Consultation Policies and Procedures).

16

E.O. 13175 requires agencies to assure

meaningful and timely input from

Tribal government representatives in the

development of rules that significantly

or uniquely affect Tribal communities

by imposing ‘‘substantial direct

compliance costs’’ or ‘‘substantial direct

effects’’ on such communities or the

relationship or distribution of power

between the Federal Government and

Tribes.

PHMSA assessed the impact of the

final rule and determined that it will not

significantly or uniquely affect Tribal

communities or Indian Tribal

governments. The rulemaking’s

regulatory amendments have a broad,

national scope; therefore, this final rule

will not significantly or uniquely affect

Tribal communities, much less impose

substantial compliance costs on Tribal

governments or mandate Tribal action.

For these reasons, PHMSA has

concluded that the funding and

consultation requirements of E.O. 13175

and DOT Order 5301.1A do not apply.

J. Paperwork Reduction Act

The Paperwork Reduction Act (44

U.S.C. 3501 et seq.) and its

implementing regulations at 5 CFR

1320.8(d) requires that PHMSA provide

interested members of the public and

affected agencies with an opportunity to

comment on information collection and

recordkeeping requests. This

rulemaking will not create, amend, or

rescind any existing information

collections.

K. Executive Order 13609 and

International Trade Analysis

E.O. 13609 (Promoting International

Regulatory Cooperation) requires

agencies consider whether the impacts

associated with significant variations

between domestic and international

regulatory approaches are unnecessary

or may impair the ability of American

business to export and compete

internationally.

17

In meeting shared

challenges involving health, safety,

labor, security, environmental, and

other issues, international regulatory

cooperation can identify approaches

that are at least as protective as those

that are or would be adopted in the

absence of such cooperation.

International regulatory cooperation can

also reduce, eliminate, or prevent

unnecessary differences in regulatory

requirements.

Similarly, the Trade Agreements Act

of 1979 (Pub. L. 96–39), as amended by

the Uruguay Round Agreements Act

(Pub. L. 103–465), prohibits Federal

agencies from establishing any

standards or engaging in related

activities that create unnecessary

obstacles to the foreign commerce of the

United States. For purposes of these

requirements, Federal agencies may

participate in the establishment of

international standards, so long as the

standards have a legitimate domestic

objective, such as providing for safety,

and do not operate to exclude imports

that meet this objective. The statute also

requires consideration of international

standards and, where appropriate, that

they be the basis for U.S. standards.

PHMSA engages with international

standards setting bodies to protect the

safety of the American public. PHMSA

has assessed the effects of the final rule

and has determined that its regulatory

amendments will not cause unnecessary

obstacles to foreign trade.

L. Cybersecurity and Executive Order

14028

E.O. 14028 (Improving the Nation’s

Cybersecurity) directed the Federal

Government to improve its efforts to

identify, to deter, and to respond to

‘‘persistent and increasingly

sophisticated malicious cyber

campaigns.’’

18

PHMSA has considered

the effects of the final rule and has

determined that its regulatory

amendments would not materially affect

the cybersecurity risk profile for affected

entities.

M. Privacy Act Statement

In accordance with 5 U.S.C. 553(c),

DOT solicits comments from the public

to inform its rulemaking process better.

DOT posts these comments, without

edit, including any personal information

the commenter provides, to

www.regulations.gov, as described in

the system of records notice (DOT/ALL–

14 FDMS), which can be reviewed at

http://www.dot.gov/privacy. DOT’s

complete Privacy Act Statement in the

Federal Register published on April 11,

2000, and may be viewed on DOT’s

website at http://www.dot.gov/privacy.

List of Subjects

49 CFR Part 171

Definitions, Exports, Hazardous

materials transportation, Hazardous

waste, Imports, Reporting and

recordkeeping requirements.

49 CFR Part 172

Hazardous materials transportation,

Hazardous waste, Labeling, Markings,

Packaging and containers, Reporting

and recordkeeping requirements.

49 CFR Part 173

Hazardous materials transportation,

Packaging and containers, Radioactive

materials, Reporting and recordkeeping

requirements.

In consideration of the foregoing,

PHMSA amends 49 CFR Chapter I as

follows:

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Federal Register / Vol. 91, No. 148 / Tuesday, August 4, 2026 / Rules and Regulations

PART 171—GENERAL INFORMATION,

REGULATIONS, AND DEFINITIONS

■1. The authority citation for part 171

continues to read as follows:

Authority: 49 U.S.C. 5101–5128, 44701;

Pub. L. 101–410 section 4; Pub. L. 104–134,

section 31001; Pub. L. 114–74 section 701 (28

U.S.C. 2461 note); 49 CFR 1.81 and 1.97.

■2. In § 171.8, revise the definitions for

‘‘hazardous substance’’ and ‘‘reportable

quantity’’ in alphabetical order to read

as follows:

§ 171.8 Definitions and abbreviations.

* * * * *

Hazardous substance for the purposes

of this subchapter, means a material,

including its mixtures and solutions,

that—

(1) Is listed in 40 CFR 302.4, as

referenced in appendix A to § 172.101 of

this subchapter;

(2) Is in a quantity, in one package,

which equals or exceeds the reportable

quantity (RQ) listed in the 40 CFR 302.4

as referenced in appendix A to

§ 172.101 of this subchapter; and

(3) When in a mixture or solution—

(i) For radionuclides, the following

requirements shall be used in

determining if a package contains an RQ

of a hazardous substance: (a) if the

identity and quantity (in curies or

terabecquerels) of each radionuclide in

a mixture or solution is known, the ratio

between the quantity per package (in

curies or terabecquerels) and the RQ for

the radionuclide must be determined for

each radionuclide. A package contains

an RQ of a hazardous substance when

the sum of the ratios for the

radionuclides in the mixture or solution

is equal to or greater than one; (b) if the

identity of each radionuclide in a

mixture or solution is known but the

quantity per package (in curies or

terabecquerels) of one or more of the

radionuclides is unknown, an RQ of a

hazardous substance is present in a

package when the total quantity (in

curies or terabecquerels) of the mixture

or solution is equal to or greater than the

lowest RQ of any individual

radionuclide in the mixture or solution;

and (c) if the identity of one or more

radionuclides in a mixture or solution is

unknown (or if the identity of a

radionuclide by itself is unknown), an

RQ of a hazardous substance is present

when the total quantity (in curies or

terabecquerels) in a package is equal to

or greater than either one curie or the

lowest RQ of any known individual

radionuclide in the mixture or solution,

whichever is lower.

(ii) For other than radionuclides, is in

a concentration by weight which equals

or exceeds the concentration

corresponding to the RQ of the material,

as shown in the following table:

RQ pounds

(kilograms)

Concentration by

weight

Percent PPM

5,000 (2,270) ............ 10 100,000

1,000 (454) ............... 2 20,000

100 (45.4) ................. 0.2 2,000

10 (4.54) ................... 0.02 200

1 (0.454) ................... 0.002 20

(iii) The term does not include

petroleum, including crude oil or any

fraction thereof which is not otherwise

specifically listed or designated as a

hazardous substance in 40 CFR 302.4, as

referenced in appendix A to § 172.101 of

this subchapter, and the term does not

include natural gas, natural gas liquids,

liquefied natural gas, or synthetic gas

usable for fuel (or mixtures of natural

gas and such synthetic gas).

* * * * *

Reportable quantity (RQ) for the

purposes of this subchapter, means the

final RQ specified for each hazardous

substance identified in 40 CFR 302.4, as

referenced in appendix A to § 172.101 of

this subchapter.

* * * * *

PART 172—HAZARDOUS MATERIALS

TABLE, SPECIAL PROVISIONS,

HAZARDOUS MATERIALS

COMMUNICATIONS, EMERGENCY

RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

■3. The authority citation for part 172

continues to read as follows:

Authority: 49 U.S.C. 5101–5128, 44701; 49

CFR 1.81, 1.96, and 1.97.

■4. In § 172.101, revise ‘‘Appendix A to

§ 172.101—List of Hazardous

Substances and Reportable Quantities’’

to read as follows:

§ 172.101 Purpose and use of the

hazardous materials table.

* * * * *

Appendix A to § 172.101—List of

Hazardous Substances and Reportable

Quantities.

Refer to 40 CFR 302.4 to see the list of

hazardous substances and their reportable

quantities (RQs) in Table 302.4. The list

includes an Appendix B to § 302.4 for

radionuclides and their adjusted RQs.

* * * * *

PART 173—SHIPPERS—GENERAL

REQUIREMENTS FOR SHIPMENTS

AND PACKAGINGS

■5. The authority citation for part 173

continues to read as follows:

Authority: 49 U.S.C. 5101–5128, 44701; 49

CFR 1.81, 1.96, and 1.97.

■6. In § 173.29, revise paragraph (h) to

read as follows:

§ 173.29 Empty packagings.

* * * * *

(h) A package that contains a residue

of a hazardous substance, Class 9, that

does not meet the definition of another

hazard class and is not a hazardous

waste or marine pollutant, may remain

marked, labeled and, if applicable,

placarded in the same manner as when

it contained a greater quantity of the

material even though it no longer meets

the definition in § 171.8 of this

subchapter for a hazardous substance.

Issued in Washington, DC, on July 31,

2026, under the authority delegated in 49

CFR 1.97.

Paul J. Roberti,

Administrator, Pipeline and Hazardous

Materials Safety Administration.

[FR Doc. 2026–15809 Filed 8–3–26; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials

Safety Administration

49 CFR Parts 171 and 173

[Docket No. PHMSA–2025–0101 (HM–268M)]

RIN 2137–AG15

Hazardous Materials: Adoption of

Department of Transportation Special

Permit 21287

AGENCY

: Pipeline and Hazardous

Materials Safety Administration

(PHMSA), Department of Transportation

(DOT).

ACTION

: Final rule.

SUMMARY

: This final rule removes undue

regulatory burdens by adopting the

provisions of U.S Department of

Transportation (DOT) special permit

(SP) 21287 to streamline the

transportation of refrigerating

machines—including common

household appliances like refrigerators,

window-mounted air-conditioning

units, and dehumidifiers—that contain

small quantities of certain low

flammability refrigerant gases.

DATES

: Effective date: This final rule is

effective August 19, 2026.

Incorporation by reference date: The

incorporation by reference of certain

material listed in this rule is approved

by the Director of the Federal Register

as of August 19, 2026.

The incorporation by reference of

certain other material listed in the rule

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