The Pipeline and Hazardous Materials Safety Administration (PHMSA) and U.S. Department of Transportation (DOT) published an advance notice of proposed rulemaking to gather input on potential revisions to the Hazardous Materials Regulations (HMR) for the safe transportation of hazardous materials using highly automated transportation systems (HATS) like drones, delivery robots, autonomous trucks, and other automated vehicles.
The official comment period runs through March 4, 2026. Potential stakeholders should assess if current or planned operations are subject to current or contemplated regulations and consider submitting comments before the deadline.
Regulating Highly Automated Transportation Systems
PHMSA is considering updates to the HMR to address regulatory gaps for current and emerging HATS across road, rail, air, and water transport. PHMSA specifically requests comments from stakeholders in the following areas:
- Special Permits. PHMSA asks whether changes to this process are needed for special permit applications for HATS.
- Shipping Papers & Emergency Response Information. Automated systems challenge the need for traditional shipping papers, and PHMSA is considering whether electronic shipping papers could be more efficient for HATS. PHMSA also seeks to address HATS-specific concerns on transmitting emergency response information to emergency personnel in the event of an incident, such as when no human is present in the transport system or an automated vehicle carries just one package. PHMSA asks for input on how to align its regulation of HATS with the intent of HMR shipping paper and emergency response requirements, including potential new triggers for reporting or allowing automated incident reporting.
- Hazard Communication. PHMSA notes that marking, labeling, and placarding requirements may need to be adapted for automated deliveries, especially for packages carried outside the airframe of unmanned aircraft systems (e.g., an automated delivery drone) or in last-mile shipments.
- Training. PHMSA seeks comments on potential new or alternative training requirements for the transportation and handling of hazardous materials using HATS.
- Security Plans. PHMSA is also looking for stakeholders to comment on the potential applicability and revision of current security plan requirements to HATS and information on potential cybersecurity concerns created by using HATS.
- Packaging. PHMSA asks stakeholders to comment on the adequacy of current packaging requirements and exceptions for these systems, including considerations for unique risks of HATS such as systems failures.
- Loading & Unloading. PHMSA notes procedures such as inspection requirements may need revision to account for automated delivery scenarios.
PHMSA also plans to consider HMR revisions for specific modes of transportation. Automated air transportation may have different regulatory concerns, such as the absence of crew members at risk of exposure to onboard hazardous materials, shipments beginning and ending at locations outside highly regulated airports, and other operational challenges. Highway transportation raises concerns about automated driving systems. Rail and vessel shipments are also subject to their own set of regulations and implications, some of which would need to be reconsidered to facilitate the use of HATS. PHMSA seeks input on these modal concerns with specific attention to how automated operations may continue to develop.
Questions Posed by PHMSA
To guide public comments, PHMSA poses a comprehensive set of questions for public comment that can be found in the official notice. These questions cover a range of potential concerns for the upcoming rulemaking, including the extent of regulation needed to address the transportation of hazardous materials through HATS, economic and safety concerns for stakeholders at all levels, and what action PHMSA should take to address the specific concerns it raised about HATS.
PHMSA encourages stakeholders to provide specific data and examples where possible in any public comments.
Potential Impacts
At this stage, it is not yet known how compliance requirements will change for automated transportation of hazardous materials, but stakeholders with experience or interest in using these systems should consider how potential changes to the requirements might create opportunities for their business and consider submitting a comment by the March 4, 2026 deadline to shape future regulations.
Our team is ready to assist you in understanding the current HMR regulations, submitting a public comment, or addressing proposed changes.
If you have any questions, or would like additional information, please contact one of the attorneys on our Environment, Land Use & Natural Resources team.
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