Hazardous Materials: Modernizing Regulations To Facilitate Transportation of Hazardous Materials Integral to Spacecraft Components and Payloads

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published

January 29, 2026

Issuing agencies

Transportation DepartmentPipeline and Hazardous Materials Safety Administration

Abstract

PHMSA is publishing this ANPRM to solicit feedback on streamlining and modernizing the Agency's regulations as they relate to the transportation of hazardous materials integral to spacecraft payloads or components.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 19 (Thursday, January 29, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 19 (Thursday, January 29, 2026)]
[Proposed Rules]
[Pages 3860-3862]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01758]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 106, 107, 171, 172, 173, 174, 175, 176, 177, 178, 179,
and 180

[Docket No. PHMSA-2024-0065 (HM-267)]
RIN 2137-AF69

Hazardous Materials: Modernizing Regulations To Facilitate
Transportation of Hazardous Materials Integral to Spacecraft Components
and Payloads

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).

ACTION: Advance notice of proposed rulemaking (ANPRM).

-----------------------------------------------------------------------

SUMMARY: PHMSA is publishing this ANPRM to solicit feedback on
streamlining and modernizing the Agency's regulations as they relate to
the transportation of hazardous materials integral to spacecraft
payloads or components.

DATES: Comments must be received by April 29, 2026. However, PHMSA will
consider late-filed comments to the extent possible.

ADDRESSES: You may submit comments identified by the docket number
PHMSA-2024-0065 (HM-267) by any of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: Docket Management System, U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, Ground Floor, Room W12-140 in the West Building, 1200
New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Instructions: All submissions must include the agency name and
docket number (PHMSA-2024-0065) or RIN 2137-AF69 for this ANPRM at the
beginning of the comment. Note that all comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a> including any
personal information provided. If sent by mail, comments must be
submitted in duplicate. Persons wishing to receive confirmation of
receipt of their comments must include a self-addressed stamped
postcard.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is
treated both customarily and actually as private by its owner. Under
the Freedom of Information Act (FOIA, 5 U.S.C. 552), CBI is exempt from
public disclosure. It is important you clearly designate the comments
submitted as CBI if your comments responsive to this document contain
commercial or financial information that customarily is treated as
private; you actually treat as private; and is relevant or responsive
to this notice. Pursuant to 49 CFR 105.30, you may ask PHMSA to provide
confidential treatment to information you give to the Agency by taking
the following steps: (1) mark each page of the original document
submission containing CBI as ``Confidential:'' (2) send PHMSA, along
with the original document, a second copy of the original document with
the CBI deleted; and (3) explain why the information you are submitting
is CBI. Submissions containing CBI should be sent to Noah Jacobson by
mail at Standards and Rulemaking Division, Pipeline and Hazardous
Materials Safety Administration, 2nd Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, or by email at <a href="/cdn-cgi/l/email-protection#93fdfcf2fbbdf9f2f0fcf1e0fcfdd3f7fce7bdf4fce5"><span class="__cf_email__" data-cfemail="e48a8b858cca8e85878b86978b8aa4808b90ca838b92">[email&#160;protected]</span></a>. Any
information PHMSA receives that is not designated specifically as CBI
will be placed in the public docket.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for accessing the docket. You also may review the
documents in person at the address listed above.

FOR FURTHER INFORMATION CONTACT: Noah Jacobson by email at
<a href="/cdn-cgi/l/email-protection#1e70717f7630747f7d717c6d71705e7a716a30797168"><span class="__cf_email__" data-cfemail="79171618115713181a161b0a1617391d160d571e160f">[email&#160;protected]</span></a> or Steven Andrews by email at
<a href="/cdn-cgi/l/email-protection#5427203122313a7a353a302631232714303b207a333b22"><span class="__cf_email__" data-cfemail="f7848392819299d996999385928084b7939883d9909881">[email&#160;protected]</span></a>, or by mail at Standards and Rulemaking
Division, Office of Hazardous Materials Safety, PHMSA, East Building,
PHH-10, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Abbreviations and Terms

ANPRM Advance Notice of Proposed Rulemaking
CBI Confidential Business Information
CFR Code of Federal Regulations
DHS Department of Homeland Security
DOT Department of Transportation
DOW Department of War (i.e., the Department of Defense)
FAA Federal Aviation Administration
FMCSA Federal Motor Carrier Safety Administration
FRA Federal Railroad Administration
HMR Hazardous Materials Regulations
NASA National Aeronautics and Space Administration
PHMSA Pipeline and Hazardous Materials Safety Administration
PRD Pressure Relief Device
USCG United States Coast Guard

Table of Contents

I. Executive Summary
II. Background
III. Special Permits Issued
IV. Objective
V. Questions for Public Comment

I. Executive Summary

PHMSA is publishing this ANPRM to solicit stakeholder input on
opportunities to amend requirements in the Hazardous Materials
Regulations (HMR) for spacecraft (e.g., launch vehicles, reentry
vehicles) and space operations that require the transportation of
hazardous materials integral to spacecraft payloads or components
(i.e., transporting satellites, capsules, and related equipment to and
from launch and recovery sites by all transportation modes, but most
often by highway or vessel).\1\ The President identified enabling
competition and innovation in the commercial space industry as a
priority in Executive Order (E.O.) 14335 (``Enabling Competition in the
Commercial Space Industry'').\2\ Consistent with the President's
directive, PHMSA is seeking stakeholder feedback regarding
opportunities to streamline and modernize the requirements in the HMR
that apply to commercial space operations.
---------------------------------------------------------------------------

\1\ See 49 CFR parts 171-180.
\2\ 90 FR 40219 (Aug. 19, 2025).
---------------------------------------------------------------------------

The commercial space sector is growing rapidly. Hazardous materials
are often incorporated into spacecraft payloads and components.
However, the goods shipped for these space operations are often
limited-use shipments of unique packagings or articles containing
various hazardous materials with unique containment

[[Page 3861]]

methods. For example, a payload may consist of a satellite built with
Division 2.2 gases in non-specification heat pipes, a Class 1 explosive
squib, and proprietary Class 9 lithium batteries. Such a satellite can
be difficult to classify for transportation to a launch site due to the
presence of an integrated Class 1 explosive material and could
encounter further issues with material segregation requirements
depending on the specific hazardous materials used in the satellite's
construction. In addition, the functions of hazardous materials
employees working on these payloads and components likely will be
different from traditional hazmat employee functions, necessitating
unique function-specific training.
To account for the complexities of space operations, PHMSA has
issued special permits to government and private entities, providing
variances from the requirements of the HMR to facilitate the domestic
transportation of hazardous materials in commerce in support of space
operations. PHMSA is requesting public input to determine what existing
standards and best practices are used in the space sector to ensure the
safety of these hazmat shipments, and what regulations may be
unnecessary when operating under these standards and best practices.
This will improve government efficiency and provide regulatory
certainty for the regulated community by reducing the need to issue
special permits and addressing cases in which the regulations do not
prescribe specific provisions.

II. Background

The HMR is designed primarily with traditional transportation
methods and packagings in mind. PHMSA issues special permits to allow
regulated entities to deviate from the requirements of the HMR when
PHMSA determines the permitted activity, which may involve new
technology and operational controls, will maintain an equivalent level
of safety. PHMSA reviews active special permits and considers them for
inclusion in future rulemakings based on their safety record and
general applicability. These rulemakings have included packagings and
industry testing and design standards not authorized or incorporated
previously into the HMR.
Spacecraft and their components often are engineered with different
parameters than traditional packages of hazardous materials due to
weight constraints, material requirements, and cost factors. Packaging
traditionally authorized by the HMR may be impractical for the
containment of hazardous materials integral to spacecraft payloads and
components. PHMSA has granted special permits since 1970 to the
National Aeronautics and Space Administration (NASA), Department of War
(DOW), and the commercial space industry to allow for innovative
components containing hazardous materials to move in commerce. As the
frequency of commercial space launches has increased in recent
years,\3\ PHMSA is now reviewing the HMR and relevant special permits
to look for opportunities to address the commercial transportation of
hazardous materials integral to spacecraft payloads or components.
---------------------------------------------------------------------------

\3\ See, e.g., FAA, Commercial Space Data, <a href="https://www.faa.gov/data_research/commercial_space_data">https://www.faa.gov/data_research/commercial_space_data</a> (accessed June 11, 2025).
---------------------------------------------------------------------------

III. Special Permits Issued

PHMSA issues special permits to facilitate the transportation of
hazardous materials related to space operations that maintain safety
while reducing the burden of regulations that did not contemplate the
breadth of today's commercial space industry. In the development of
this ANPRM, PHMSA conducted an analysis of previously issued special
permits involving the transportation of hazardous materials for space
operations to understand which hazardous materials are frequently
transported and what types of relief are typically granted. Special
permits offer alternative compliance with an equivalent level of safety
for cases where the HMR as written may not meet the needs of a shipment
or new technology. PHMSA assessed 60 special permits and identified
that the majority of the special permits granted fall into three
categories of alternative compliance:
1. Authorizing non-specification pressure vessels and waiving
pressure relief device (PRD) requirements for Division 2.2 gases.
2. Providing alternative forms of hazard communication.
3. Authorizing lithium-ion batteries or cells under alternative
testing requirements.
Alternative testing, hazard communication, and pressurized gas
containment methods are generally used under these circumstances to
maintain an equivalent level of safety while providing relief from
requirements not intended for the conditions and parameters of space
travel. PHMSA acknowledges there is a time and resource cost for
industry to request and to obtain special permits for these operations;
therefore, PHMSA is considering ways to reduce costs and to streamline
operations while maintaining an equivalent level of safety. However,
before PHMSA is able to propose changes to the HMR, it is crucial that
PHMSA solicits stakeholder input on the existing standards,
requirements, and best practices that ensure public safety during more
common shipments. While special permits address unique scenarios, PHMSA
is looking to understand the larger context used by industry to develop
or to adopt future performance standards in the HMR. To address the
transportation in commerce of hazardous materials integral to
spacecraft payloads and components, public feedback will provide PHMSA
with a clearer picture of hazardous materials transportation by the
space industry.

IV. Objective

Federal Hazardous Materials Transportation law authorizes the
Secretary to ``prescribe regulations for the safe transportation,
including security, of hazardous materials in intrastate, interstate,
and foreign commerce.'' \4\ The Secretary has delegated this authority
to PHMSA.\5\ PHMSA has designed the HMR to achieve three primary goals:
(1) to ensure that hazardous materials are packaged and handled safely
and securely during transportation; (2) to provide effective
communication to transportation workers, emergency responders, and the
general public of the hazards of the materials being transported; and
(3) to minimize the consequences of an incident should one occur. The
HMR represent a risk management system that is prevention-oriented and
focused on identifying safety or security hazards to reduce the
probability and consequences of a hazardous material release.
---------------------------------------------------------------------------

\4\ 49 U.S.C. 5103(b).
\5\ 49 CFR 1.97(b).
---------------------------------------------------------------------------

PHMSA also works closely with its modal partners in developing
modal specific regulations and guidance involved in the transportation
of hazardous materials. The primary modal administrations that PHMSA
works with are the: (1) Federal Railroad Administration (FRA) for the
safe transportation of hazardous materials by rail; \6\ (2) Federal
Aviation Administration (FAA) for the safe transportation of hazardous
materials by air; \7\ (3) United States Coast Guard (USCG), part of the
Department of Homeland Security (DHS), for the safe transportation of
hazardous materials by

[[Page 3862]]

vessel; \8\ and (4) Federal Motor Carrier Safety Administration (FMCSA)
for the safe transportation of hazardous materials by public
highway.\9\
---------------------------------------------------------------------------

\6\ 49 CFR part 174.
\7\ 49 CFR part 175.
\8\ 49 CFR part 176.
\9\ 49 CFR part 177.
---------------------------------------------------------------------------

In this ANPRM, PHMSA seeks public comment on current industry best
practices, existing consensus standards, and regulatory challenges
industry experiences when transporting hazardous materials integral to
spacecraft payloads or components by all modes of transportation, and
the challenges faced by emergency first responders. This ANPRM provides
an opportunity for public participation in the development of
regulatory amendments and promotes a greater exchange of information
and perspectives among various stakeholders. This step in the
rulemaking process is intended to lead to more focused and well-
developed proposals in future rules that reflect the views of all
relevant parties.

V. Questions for Public Comment

PHMSA invites comments and suggestions on how to address the
transportation of hazardous materials integral to spacecraft payloads
and components in the HMR and the regulatory challenges industry faces
when transporting spacecraft to a launch site, transporting recovered
spacecraft, and performing related operations while maintaining a high
level of safety. Whenever possible, please provide supporting data or
specific examples. When responding to a specific question below, please
note the question number in your comment to assist PHMSA in properly
compiling information that it receives.
1. What specific regulatory challenges do you encounter during the
terrestrial transportation of hazardous materials in support of space
operations?
2. As noted above in Section III, certain types of alternative
compliance are frequently granted through special permits. What
existing standards (in addition to HMR-required standards) do you use
currently in the design and manufacturing of devices and articles
containing hazardous materials shipped for space operations? Could
these standards be considered for incorporation into the HMR?
3. What packagings or articles used to transport hazardous
materials in support of space operations are not designed or tested to
an existing consensus industry standard? Are there currently any
industry-led initiatives to develop new standards for the
transportation and packaging of these products?
4. PHMSA is interested in understanding the existing requirements
of other Federal agencies (e.g., NASA, DOW) to determine which
requirements in the HMR may be redundant. From the industry stakeholder
perspective, are there requirements in the HMR that are redundant with
the regulatory requirements of other Federal agencies?
5. In what ways are the training requirements of hazardous
materials employees working in the space industry different from those
of the hazardous materials industry as a whole?
6. Are there hazard communication requirements that you believe are
unnecessary for the transport of hazardous materials to support space
operations? What operational controls are used during the
transportation of hazardous materials for space operations that could
eliminate the need for certain hazard communication? Similarly, what
potential challenges could be faced by emergency first responders if
hazard communication is reduced? Potential examples include the use of
closed roads or transport of hazmat with a security escort.
7. An article or device containing several different hazardous
materials may be difficult to classify accurately, particularly if a
Class 1 explosive material is a component (e.g., an explosive squib).
What specific definitions or provisions for common types of articles or
devices that integrate multiple hazardous materials, such as satellites
or capsules, would provide more clarity for classification of the
associated hazards?
8. What specific operational controls or other similar containment
methods should be considered for assembled spacecraft being transported
in commerce for space operations? What operational controls are used
during the transportation of hazardous materials for space operations
that could ensure an equivalent level of safety to performance-oriented
packaging requirements?
9. How are batteries integrated into components of spacecraft or
payloads? What battery chemistries are being used? How are those
batteries transported during the integration process and spacecraft
recovery process?
10. How frequently do you transport multiple hazardous materials
together in support of space operations and what operational controls
are used? How frequently do you move only an individual hazardous
material or article in support of space operations?
11. What modes of transportation (e.g., highway, rail, vessel, air)
do you use to transport hazardous materials in support of space
operations? Should any potential HMR provisions be limited to a
specific-transport mode?
As noted above, PHMSA seeks comment on each of these questions, as
well as any additional information that may be pertinent when
considering how to address space operations in the HMR.

Issued in Washington, DC, on January 26, 2026, under the
authority delegated in 49 CFR 1.97.
William A. Quade,
Acting Associate Administrator for Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.
[FR Doc. 2026-01758 Filed 1-28-26; 8:45 am]
BILLING CODE 4910-60-P

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on January 29, 2026.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.