Hazmat Group Asks PHMSA to Drop Medical-Device Content List
The Council on Safe Transportation of Hazardous Articles (COSTHA) filed a petition with PHMSA asking the agency to drop a requirement under 49 CFR §173.134(b)(12)(ii)(C) that shippers include an itemized list of contents, plus any contamination details, when returning used health care products to a manufacturer under a hazmat exception. The letter, dated October 19 and posted to docket PHMSA-2026-3829, argues the rule conflicts with UN Model Regulations and IATA Dangerous Goods Regulations, neither of which requires an itemized list for similar shipments. COSTHA said Category B infectious substances, which it called a higher transmission risk, carry no such listing requirement under a separate section, §173.199. The group contends PHMSA kept the listing requirement by mistake when it split hazardous substances into Category A and B tiers in 2006, and pointed to an existing special permit, DOT-SP 20793, and several letters of interpretation that already let some shippers skip the list. COSTHA represents manufacturers, shippers, carriers and packaging firms handling hazardous materials, including members from Stellantis, FedEx Logistics, Walmart and UPS.
What's next
- PHMSA has not yet responded in the docket.
- No comment period is open; the petition is not yet a proposed rule.
All sources
- Other: Council on Safe Transportation of Hazardous Articles (COSTHA)- Petition for Rulemaking — Regulations.gov (PHMSA), 2026-10-20
