With the recent publication of the 2024 Spring Regulatory Agenda by the White House’s Office of Management and Budget, a number of Department of Transportation rules affecting trucking were included with projected dates for publication.
As reported last week, the notice of proposed rulemaking (NPRM) for a potential speed limiter mandate was pushed back a full year, from May 2024 to May 2025.
[Related: FMCSA pushes speed limiter proposal another year]
There are plenty other rules in the works that are set for publication either this year or next.
Among the more notable issues for fleets and owner-operators, the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration have pushed a final rule to mandate automatic emergency braking systems on new trucks from this past April to now projecting its publication for January 2025. The proposed AEB rulemaking, as released last year, would require heavy commercial vehicles with FMVSS-required electronic stability control systems to be equipped with an AEB system.
[Related: Are FMCSA and NHTSA skirting Congressional directive with AEB proposal?]
A hot-button issue of late with the publication of a report from NHTSA’s Advisory Committee on Underride Protection, a NHTSA rulemaking to mandate side underride guards is still in the works following an advanced notice of proposed rulemaking (ANPRM) last year. The Regulatory Agenda is unchanged from the DOT’s Significant Rulemakings Report from February for this rulemaking, with October 2024 listed for “analyzing comments.” No date is currently listed for the publication of an NPRM.
Another long-awaited rule for owner-operators — a follow-up on petitions from the Owner-Operator Independent Drivers Association and Small Business in Transportation Coalition — to amend FMCSA regulations related to transparency in brokered freight transactions is still on track for an October 2024 publication.
There’s no indication of which direction FMCSA will go with the proposal. However, OOIDA’s petition asked FMCSA to require brokers to provide an electronic copy of each transaction record automatically within 48 hours after the contractual service has been completed, and explicitly prohibit brokers from including any provision in their contracts that requires a motor carrier to waive its rights to access the transaction records.
SBTC requested that FMCSA prohibit brokers from coercing or otherwise requiring parties to brokers’ transactions to waive their right to review the record of the transaction as a condition for doing business, as well as to adopt regulatory language indicating that brokers’ contracts may not include a stipulation or clause exempting the broker from having to comply with the transparency requirement.
[Related: Why brokers don’t want to give owner-ops transparency in freight transactions]
Other rulemakings in the works include:
FMCSA Clearinghouse revisions. FMCSA this month expects to publish an NPRM proposing changes to its drug and alcohol use and testing rules by increasing 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, according to the Regulatory Agenda.
MAP-21 enhancements and other updates to the Unified Registration System. In October, FMCSA plans to publish an NPRM that will propose updates to and codify the agency’s procedures for granting, suspending, and revoking registration. “These procedures would apply to all entities required to register under the agency’s commercial or safety jurisdiction,” FMCSA said. “Many of the proposed provisions codify existing agency practices, while others improve on existing processes and procedures. FMCSA proposes this rule to achieve greater transparency, uniformity, efficiency, and predictability with respect to granting, suspending, or revoking registration.”
[Related: FMCSA’s registration overhaul ‘incomplete and piecemeal’: Legal experts]
Motor carrier operation of automated driving system-equipped vehicles. FMCSA plans to publish in December an NPRM to amend regulations to ensure the safe introduction of automated driving system-equipped trucks onto the nation’s roadways. The proposed changes to the operations, inspection, repair and maintenance regulations will be intended to prioritize safety and security, promote innovation, foster a consistent regulatory approach to ADS-equipped vehicles, and recognize the difference between human operators and ADS, the agency said.
New-entrant knowledge test. An ANPRM that would seek feedback on requiring a new-entrant knowledge test is now slated for a June 2025 publication, delayed from the July 2024 date from the February report. The rulemaking would consider methods for ensuring a new applicant carrier is knowledgeable about the applicable safety requirements before being granted New Entrant authority. The agency is considering whether to implement a proficiency exam as part of its revised New Entrant Safety Assurance Process, as well as other alternatives.
ELD revisions. Also projected for June 2025, FMCSA plans to publish an NPRM to revise the current electronic logging device regulations. The agency in the rulemaking abstract said that since the rule’s 2016 effective date, “many lessons have been learned by FMCSA staff, state enforcement personnel, ELD vendors, and industry…. These lessons can be used to streamline and improve the clarity of the regulatory text and ELD specifications and answer recurring questions. Additionally, there are technical modifications responsive to concerns raised by affected parties that could improve the usability of ELDs. FMCSA is seeking information to determine what changes would be warranted.”
Safety rating revamp. In the works since last summer when FMCSA published an ANPRM to gather feedback on potential changes to its carrier rating system, the agency has moved up the projected publication date for an NPRM from July 2025 to June 2025.
[Related: FMCSA’s safety rating revamp: Truckers caution against use of CSA SMS, roadside data]