This Week in Freight & Transport — Washington (#35, 2026)

PHMSA finalizes preemption on hazardous materials transport tort claims; White House moves against Canadian trade barriers; FMCSA, FRA, and MARAD announce compliance and recordkeeping actions.

This Week in Freight & Transport — Washington (#35, 2026)

September 06, 2026 to September 12, 2026

This is Queen Street Analytics' weekly digest of regulatory developments, legislative discussions and other government-related news concerning the trucking, rail, and shipping industries, ports, storage centers, cargo and container terminals, international and inter-provincial logistics, fulfillment centres, courier and delivery services. Once a week, we break down the most important updates in this space in under five minutes.

Want to track the upstream and downstream forces affecting Freight & Transport? Don’t miss this week’s updates in Oil & Gas and Defence. Also consider subscribing to our Freight & Transport - Ottawa edition covering critical GR news north of the border.

📋 In This Week's Newsletter

• 🏛️ This Week's Congressional Calendar
• 🇺🇸 Federal Government News
• 📚 What We're Reading This Week


This Week's Congressional Calendar

Federal Government News

PHMSA Preempts State Tort Claims on Hazardous Materials Transport

The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a determination concluding that the Hazardous Materials Transportation Act (HMTA) and Hazardous Materials Regulations (HMR) preempt state common law tort claims regarding the marking, employee training, loading and unloading, and classification of gasoline transported by cargo tank motor vehicle. The final ruling, addressing claims originating from New Jersey litigation against Exxon Mobil and supported by industry and state government submissions, finds that such state-level duties are not 'substantively the same' as HMR requirements and would create obstacles to compliance. The decision references alignment with recent Supreme Court precedent and prior administrative determinations, and reaffirms that the federal regulatory framework is exclusive in these covered subjects. Aggrieved parties have 20 days to file for reconsideration and 60 days to seek judicial review as outlined in the determination.

Sources: www.federalregister.gov
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White House Issues Proclamations Targeting Canadian Imports for Trade Discrimination

On September 8, President Trump issued multiple proclamations modifying and expanding retaliatory trade actions against Canada due to continued discrimination against U.S. commerce, specifically in the motor vehicle and dairy sectors. One proclamation modifies the scope of Canadian products subject to 50% ad valorem duties, effective September 15. Separate actions exclude listed Canadian products from U.S. importation beginning September 29 under the Tariff Act of 1930 and the Trade Act of 1974. The proclamations authorize U.S. Customs and Border Protection to implement and administer new tariff and import restrictions, and provide for further regulatory changes as necessary.

Sources: www.whitehouse.gov, www.whitehouse.gov, www.whitehouse.gov

FMCSA Proposes Renewal of Accident Recordkeeping Requirements for Motor Carriers

The Federal Motor Carrier Safety Administration (FMCSA) announced plans to renew its 'Accident Recordkeeping Requirements' information collection, seeking public comment by November 9. The proposed renewal adjusts annual respondents to 115,547 and total annual burden hours to 51,661, reflecting updated crash data. Motor carriers are required to maintain accident registers for three years, including detailed records of each qualifying crash, though not required to submit these to FMCSA unless requested in an investigation. The agency reports an increase in the estimated annual recordkeeping cost to $1,534,344, primarily reflecting labor hours and adjusted paper storage assumptions.

Sources: www.federalregister.gov

Federal Railroad Administration Receives Waiver Petitions Affecting Bridge and Locomotive Compliance

The Federal Railroad Administration published notice of two petitions affecting rail operations. Delmarva Central Railroad Company has sought temporary relief from requirements governing movable bridge signal and locking systems after fire damage to the Cassatt Swing Bridge's signal hut, allowing slow-speed operations and manual verification until repairs are completed in spring 2027. Separately, Harrisburg, Lincoln & Lancaster Railroad (HLLR) has petitioned for modification of an existing waiver related to safety glazing and appliance standards on a steam locomotive used for passenger service. Both petitions are open for public comment until November 9.

Sources: www.federalregister.gov, www.federalregister.gov

Maritime Administration Requests Comments on Voluntary Tanker Agreement Information Collection

The Maritime Administration (MARAD) is inviting comments by November 9 on its request to renew approval for data collection related to participation in the Voluntary Tanker Agreement. The collection is used to assess and plan for the allocation of U.S.-flag product tankers to meet defense or emergency fuel transportation needs. Minor updates to the application form are planned for clarity. Participation data is treated as classified national security information and used in coordination with U.S. Transportation Command.

Sources: www.federalregister.gov
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What We're Reading This Week

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