Keep using those DOT-approved hazmat packages forever—almost.
Published Date: 8/4/2026
Rule
Summary
This final rule removes undue regulatory burdens by allowing for the continued use of packagings authorized under a manufacturing special permit for the useful life of the package. Manufacturing special permits typically authorize the manufacture, mark, sale, and use of the packaging authorized by the special permit.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 1 costs, 1 mixed.
Keep Using Special‑Permit Packaging
If you own or use a packaging that was made under a DOT manufacturing special permit, you may keep using that packaging for its useful life even if the special permit has expired, as long as the packaging still meets the Hazardous Materials Regulations and the terms of the most recent special permit on file with PHMSA. This change is effective September 3, 2026.
Expired Permits Will Be Posted Online
PHMSA will make expired manufacturing special permits available on its website so shippers and carriers can find the most recent permit text. This is intended to reduce paperwork barriers and avoid carriers denying shipments because a permit appears expired.
Shipments Prepared Before Permit Expiry Still OK
Shipments that were prepared prior to the expiration of a manufacturing special permit remain authorized for transport even after the permit expires, provided the packaging conforms to the permit and HMR requirements.
Safety Termination Still Stops Use
If PHMSA terminates a special permit because of a safety issue, the permit will be removed from the website, replaced with a termination letter, and the associated packaging will no longer be authorized for use.
No Party Status; Manufacturing Stops After Expiry
PHMSA clarified that party status is not authorized for manufacturing special permits: manufacturing under the special permit cannot continue after the permit expires, but existing packagings manufactured during the permit’s life may still be used if they conform to the permit and HMR.
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Key Dates
Department and Agencies
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