The Pipeline and Hazardous Materials Safety Administration (PHMSA), part of the Department of Transportation, published a notice in the Federal Register on January 30, 2026, seeking public comments on the renewal and extension of seven Office of Management and Budget (OMB) control numbers. These control numbers cover information collections essential to the safe transportation of hazardous materials under the Hazardous Materials Regulations (HMR) in 49 CFR parts 171-180. The notice, docketed as PHMSA-2026-0199, aligns with the Paperwork Reduction Act of 1995, which requires federal agencies to minimize paperwork burdens while ensuring necessary data for regulatory enforcement. Comments are due by March 31, 2026, and could influence PHMSA's submission to OMB for a three-year approval extension. This development underscores ongoing efforts to balance administrative efficiency with transportation safety, potentially affecting manufacturers, carriers, and shippers nationwide.
Background on the Paperwork Reduction Act and PHMSA's Role
The Paperwork Reduction Act mandates that agencies like PHMSA justify and seek OMB approval for information collections that impose burdens on the public. PHMSA oversees the transportation of hazardous materials by various modes, including rail, highway, air, and water. The seven collections in question, detailed in 49 CFR 171.6, have been in place for years and were last approved based on prior burden estimates. Key players include PHMSA as the lead agency, OMB as the approving body, and stakeholders such as hazardous materials shippers, carriers, and manufacturers who must comply with these requirements. Relevant legal precedents include court decisions upholding the Act's requirements, such as in cases challenging agency data demands under administrative law principles from the Administrative Procedure Act. Politically, these collections reflect bipartisan support for hazmat safety, with influences from industry lobbying for reduced burdens and safety advocates pushing for robust data to prevent incidents like chemical spills.
Overview of the Seven Information Collections
PHMSA's notice outlines seven specific OMB control numbers, each tied to distinct aspects of hazmat transportation. For OMB Control Number 2137-0018, focused on inspection and testing of portable tanks and intermediate bulk containers (IBCs), the agency estimates 1,470 respondents and 56,143 annual burden hours. This includes requirements for design qualification testing, where manufacturers must document tests ensuring IBCs withstand transportation stresses, as specified in 49 CFR 178.801(d). Another collection, OMB Control Number 2137-0039, covers hazardous materials incident reports, with 518 respondents and 20,455 burden hours. It requires carriers to file DOT Form F 5800.1 for incidents involving releases or evacuations, enhancing PHMSA's ability to assess regulatory effectiveness.
OMB Control Number 2137-0559 addresses rail carrier and tank car requirements, estimating 795 respondents and 4,472 burden hours. This includes approvals from the Association of American Railroads for tank car modifications, as noted in the notice's summary of tank car approvals. For non-bulk packaging testing under OMB Control Number 2137-0572, PHMSA projects 21,690 respondents and 32,750 burden hours, involving tests like hydrostatic pressure checks to verify packaging integrity. The notice also covers grants for public sector training (OMB 2137-0586), cargo tank motor vehicles in liquefied gas service (OMB 2137-0595), and meter prover inspections (OMB 2137-0620), with respective burden estimates reflecting adjustments for current reporting levels.
Key Players and Perspectives
Stakeholders range from industry groups like the American Chemistry Council, which may advocate for streamlined processes to cut costs, to safety organizations such as the National Transportation Safety Board, emphasizing data's role in preventing accidents. Federal entities like the Federal Railroad Administration collaborate on rail-related collections, as seen in requirements for tank car progress reports. Perspectives differ: industry views these as potential administrative hurdles, while regulators see them as vital for compliance. No specific court cases are cited in the notice, but broader precedents like those from the U.S. Supreme Court on agency deference could apply if challenges arise.
Short-Term and Long-Term Implications
In the short term, renewal could maintain current compliance protocols, ensuring uninterrupted hazmat transport operations. Delays in OMB approval might temporarily halt certain reporting, risking safety gaps. Long-term, these collections support data-driven policy changes, such as updates to the HMR based on incident trends. Implications include potential cost savings for businesses if burdens decrease, or enhanced safety if data reveals emerging risks like those from new materials. Different viewpoints highlight tensions: environmental groups may push for more stringent reporting to track spills, while small carriers argue for exemptions to reduce paperwork.
The notice represents a routine yet critical step in federal oversight of hazardous materials transportation. Key takeaways include PHMSA's revised burden estimates, reflecting adjustments for rules since last approvals, and the invitation for public input to refine these collections. Potential next steps involve OMB review post-comment period, with possible modifications based on feedback. Ongoing debates center on balancing paperwork reduction with safety needs, amid challenges like evolving transportation technologies and supply chain pressures. Future trajectories could see digital reporting enhancements or integrations with broader DOT initiatives, though specifics depend on stakeholder responses and agency priorities.
