With just a few days remaining in this year’s fall legislative season, the White House’s Office of Management and Budget has released the Fall 2024 edition of its twice-annual Unified Agenda of Federal Regulatory and Deregulatory Actions detailing the status of rules and regulations in the works at various government agencies, including the Department of Transportation.
For trucking, the updated agenda offers some insight into when certain proposed and final rules are expected to be published. Notably, two contentious rules -- speed limiters and automatic emergency brakes -- remain on track to publish when previously expected, barring a change following the inauguration of President-elect Donald Trump in January.
Equipment-related regulations
The Federal Motor Carrier Safety Administration’s speed limiter notice of proposed rulemaking (NPRM) is still set to publish in May 2025, unchanged from the Spring 2024 agenda that shifted the proposal’s publication date from May 2024 to May 2025. The proposal is expected to require motor carriers with trucks of a GVWR greater than 26,000 pounds equipped with an electronic engine control unit (ECU) capable of governing the maximum speed of the trucks to limit trucks to a top speed to be determined by the rulemaking.
[Related: FMCSA kicks the can on speed-limiter rule]
AEBs
Additionally, the final rule to require automatic emergency braking (AEB) systems in heavy trucks -- a joint rulemaking between the FMCSA and National Highway Traffic Safety Administration -- is still on track for publication in January. In part as directed by Congress in the 2021 Infrastructure Investment and Jobs Act, the rulemaking is expected to establish performance standards and motor carrier maintenance requirements for AEB systems on heavy trucks and accompanying test procedures for measuring the performance of the AEB systems in NHTSA compliance testing.
Side underride guards
Following an advanced notice of proposed rulemaking (ANPRM) published in 2023 from NHTSA seeking feedback on a potential requirement for side underride guards on trailers, the next step in the rulemaking process is yet to be determined. In a slight change from the Spring 2024 regulatory agenda, NHTSA moved its “analyzing comments” status from October 2024 to December 2024. The agency has not indicated whether it plans to move forward with an NPRM or when it could be expected.
[Related: Heated debate over recommendations for improving underride guard regulation]
Autonomous trucks
A proposal to amend certain Federal Motor Carrier Safety Regulations (FMCSRs) to ensure the safe introduction of automated driving systems (ADS)-equipped commercial vehicles is still expected to be published this month, unchanged from the Spring agenda. The proposed changes to the CMV operations, inspection, repair, and maintenance regulations will prioritize safety and security, promote innovation, foster a consistent regulatory approach to ADS-equipped commercial trucks and other vehicles, and recognize the difference between human operators and ADS, FMCSA said.
Other regulations in the works
Some other notable rulemaking proposals on the horizon include changes to the Unified Registration System and the new entrant authority process, ELD rule revisions, Safety Fitness Determination changes and more.
URS
In an NPRM expected to publish this month, FMCSA will propose to implement several provisions of the Moving Ahead for Progress in the 21st Century Act (MAP-21) that relate to the FMCSA's Unified Registration System (URS), as well as update and codify the agency's procedures for granting, suspending, and revoking registration. Many of the proposed provisions codify existing FMCSA practices, while others improve on existing processes and procedures, the agency noted. This NPRM was previously expected to be published in October 2024.
[Related: FMCSA says fighting fraud will improve safety, with first look at new registration system]
New Entrants
After publishing an advanced notice of proposed rulemaking all the way back in 2009 eyeing methods for ensuring new applicant carriers are knowledgeable about safety requirements before being granted New Entrant authority, FMCSA is looking to publish a second ANPRM in the coming months. Slated for a June 2025 publication, FMCSA is considering whether to implement a proficiency examination as part of its revised New Entrant Safety Assurance Process, as well as other alternatives. This publication date is unchanged from the Spring 2024 agenda.
ELDs
Based on feedback obtained by FMCSA since the implementation of its electronic logging device mandate, the agency is planning an NPRM to streamline and improve the clarity of the regulatory text and ELD specifications and answer recurring questions. The proposal’s expected publication is June 2025, unchanged from the previous regulatory agenda.
Safety fitness
Also set for June 2025, FMCSA plans to publish an NPRM proposing how it might use data and resources more effectively to identify unfit motor carriers and to remove them from the nation’s roadways. The agency published an ANPRM to gather feedback on updating its Safety Fitness Determination system back in 2023.
[Related: FMCSA's safety rating revamp: Could new reports mean in-cab tech will play a role?]
Drug and Alcohol Clearinghouse
Previously projected to publish in July of this year and now set for March 2025, FMCSA is planning an NPRM proposing changes to its drug and alcohol use and testing rules that would increase the availability of driver violation information in the Drug and Alcohol Clearinghouse to keep unsafe drivers off the road. FMCSA will also propose changes to improve the efficiency of certain Clearinghouse processes to provide increased flexibility for drivers and employers, and further align Clearinghouse rules with underlying drug and alcohol use and testing regulations to improve compliance with, and enforcement of, these requirements.
CDL testing
FMCSA in February proposed changes to its CDL testing process, including allowing states to administer the CDL knowledge test before issuing a commercial learner's permit (CLP), and to administer the CDL skills test to CLP holders who are domiciled in other states. A final rule on potential CDL testing changes is expected to be published in June 2025.
[Related: FMCSA eyeing CDL testing process changes]
Women truck drivers
Finally, FMCSA is planning to publish an ANPRM this month to seek information from stakeholders about how the agency can enhance the physical safety of women truck drivers and trainees, and address the negative impact of workplace sexual harassment. The ANPRM would also seek information on ways FMCSA can enhance the safety of vulnerable road users, such as pedestrians and bicyclists.
