FMCSA Renews Hazardous Materials Safety Permit Tracking Rules: What Carriers Must Do

FMCSA Renews Mandatory Tracking for Hazardous Materials Carriers

The FMCSA has renewed its requirement for carriers holding hazardous materials (HM) safety permits to track shipments via daily communications. This rule, outlined in the Federal Register on November 2, 2026, is part of the agency’s ongoing effort to ensure the safe transport of hazardous materials. The renewal means carriers must continue developing and maintaining communications plans that allow for periodic tracking of shipments. These plans must include at least two daily calls between the carrier and driver, with records of the time and location of the shipment.

This renewal is not a new rule but a continuation of an existing requirement. The FMCSA submitted the Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval. The current rule requires carriers to keep records of these communications for at least six months, either physically or electronically, at the company’s principal place of business or readily accessible to employees.

Who Does This Rule Apply To?

The rule applies to motor carriers subject to the Hazardous Materials Safety Permit requirements under 49 CFR part 385, subpart E. According to the FMCSA, there are approximately 1,142 carriers affected by this requirement. These carriers must hold a safety permit for transporting certain hazardous materials and are already subject to additional regulations, including security programs and route planning.

Carriers should confirm whether they hold an HM safety permit and review their current compliance with 49 CFR part 385. If they are unsure, they can check the FMCSA’s database or consult with their safety or compliance team.

What Carriers Must Do Now

Carriers should take the following steps to ensure compliance with the renewed tracking requirements:

• Develop or review a communications plan that ensures at least two daily calls between the carrier and driver for each hazardous materials shipment. Document the time and location of each shipment during these calls.
• Determine whether records will be kept by drivers (e.g., in their logbooks) or by the company (electronically or physically). Ensure the chosen method meets the six-month retention requirement.
• Verify that records are stored at the company’s principal place of business or are readily accessible to employees. This could involve updating record-keeping systems or ensuring logbooks are securely maintained.
• Train drivers and staff on the new tracking requirements, including how to document communications accurately and consistently.

Carriers should also note that the FMCSA is seeking public comment on this renewal until December 2, 2026. While comments may not directly impact the rule’s implementation, they could influence future revisions. Carriers interested in providing feedback can submit comments through the FMCSA’s public comment portal.

What Remains Unclear or Yet to Be Decided

The renewal of this rule does not introduce new requirements, but carriers may have questions about how the rule applies to their specific operations. For example:

• The exact format of records (e.g., electronic vs. physical) may vary by carrier. Carriers should ensure their chosen method aligns with the six-month retention requirement and is easily retrievable during inspections.
• The rule does not specify whether the two daily calls must be made at specific times or intervals. Carriers should define a clear protocol for these communications in their communications plan.
• While the FMCSA has outlined the requirement, carriers should confirm how this rule interacts with other existing regulations, such as those related to driver hours of service or electronic logging devices (ELDs).

Interpretation: It is reasonable for carriers to assume that enforcement of these tracking requirements will increase as part of the FMCSA’s broader focus on hazardous materials safety. Carriers should treat this renewal as an opportunity to audit their current tracking processes and ensure they are prepared for potential inspections or audits.

Carriers should also note that this renewal does not address other recent changes or proposed rules, such as those related to entry-level driver training or revocation of operating authority. These remain separate and should be addressed independently.

Next Steps for Carriers

Carriers holding HM safety permits should begin preparing for the renewed tracking requirements immediately. This includes reviewing current communications plans, updating record-keeping procedures, and training staff and drivers. While the rule is not yet finalized in its renewed form, carriers should assume it will take effect soon and take proactive steps to avoid compliance issues.

For carriers unsure of their obligations, consulting with a compliance specialist or reviewing the FMCSA’s guidance on hazardous materials safety permits is advisable. The FMCSA’s website and contact information provided in the Federal Register notice can serve as useful resources.