All current FMCSA regulations and rulemakings in progress

The latest regulatory agenda gives a preview of the rules and regulations each federal agency is considering.

For the Federal Motor Carrier Safety Administration, that agenda includes 16 proposed rules and six final rules.

Each rule in the agenda comes with a brief description, links to any relevant sections of the federal register, and a tentative deadline. However, Dan Horvath, SVP of regulatory affairs and safety policy for the American Trucking Associations, cautions against reading the deadlines as certain truth.

“The dates really need to be taken with a grain of salt any time we’re looking at this,” Horvath told Fleet Maintenance's sister publication FleetOwner. “The dates on this regulatory agenda are incredibly fluid, to the point where we sometimes hesitate to even say ‘here are when we might see some of these regulations come out.’ Because these dates change constantly, and there’s a lot that goes into FMCSA and other government agencies determining what the date is going to be.”

Here is a brief description of each regulation on FMCSA’s agenda:

Final rules awaiting federal publication

Rules that sit in the final rule designation are almost fully in place. If the rule is significant, it would first have to pass the notice of the proposed rulemaking process to reach this stage. FMCSA could fully publish these at any time.

However, a chance always remains that the agency could also never finalize a given rule.

Heavy Vehicle Automatic Emergency Braking

The National Highway Traffic Safety Administration and the Federal Motor Carrier Administration plan to issue the Final Rule to standardize equipment performance for AEB systems on heavy trucks that could standardize equipment performance requirements for automatic emergency braking systems on new Classes 3-8 vehicles, as well as lay out test procedures.

NHTSA and FMCSA published the notice of proposed rulemaking in June 2023 and expect to publish the final rule in early 2025.

Fees for the Unified Carrier Registration Plan and Agreement

This final rule would adjust the annual registration fees for the Unified Carrier Registration Plan and Agreement for the 2025 registration year and subsequent years. FMCSA plans to increase the fee by an average of 25%, varying from an extra $9 to $9,000 per entity.

State-issued tests for commercial learner’s permits

This rule would permit State Driver Licensing Agencies to administer commercial driver’s license tests to issue CLPs. FMCSA suggests that this may help make CDL administration more efficient and flexible.

Update the CDL Information System State Procedures Manual

This final rule would incorporate a new version of the Commercial Driver’s License Information System State Procedures Manual. This manual, previously updated in October 2014, is made by the American Association of Motor Vehicle Administrators (AAMVA), and the new rule would require all state driver’s licensing agencies to use this latest edition of the manual from 2023.

Hazardous Materials Safety Permits update

FMCSA is looking to update its Hazardous Materials Safety Permits to keep up with the updated Commercial Vehicle Safety Alliance handbook from 2024.

General technical amendments

The FMCSA agenda includes a line item for ‘General Technical Amendments,’ including minor unannounced edits and corrections to various regulations. These amendments immediately become final rules without opportunity for public comment.

Proposed rules under federal development

Rules that remain in the proposed rule stage are not quite as fully formed as those in the final rule stage. Exact details on a rule are often missing, and FMCSA has a greater chance of never further developing a rule.

Once FMCSA publishes a notice of proposed rulemaking for one of these topics, the agency will accept public comments for a given time period and will then work to publish the regulation as a final rule.

Speed limiters

This rule would implement a requirement for speed-limiting devices on vehicles with a GVWR of more than 26,000 lbs. The exact speed limit or testing/enforcement requirements are not yet clear.

Automated driver system regulations

FMCSA is working on a notice of proposed rulemaking to recognize the difference between human drivers and autonomous systems. A regulatory recognition of autonomous CMVs would be a significant development for autonomous trucking.

The agency has requested public comments on the possible rulemaking in 2019 and 2023. The agency’s rulemaking plans share nothing specific, though the NPRM may arrive before the end of 2024.

Require broker transaction records

The agency is working on a notice of proposed rulemaking requiring property brokers to provide transaction records quickly and transparently. FMCSA credits the potential rulemaking to petitions from the Owner-Operator Independent Drivers Association and the Small Business in Transportation Coalition. The rule could:

Require brokers to provide an electronic copy of each transaction record automatically within 48 hours after the contractual service is complete, and
Prohibit brokers from requiring motor carriers to waive their transaction record rights.

Change carrier fitness determination

Changes to FMCSA’s safety fitness procedures are in the works. The agency plans to change its methodology in determining when a carrier is not fit to operate. The notice of proposed rulemaking is still in the works; specific changes to its determination process are not yet apparent.

FMCSA first asked for public comment on the topic in August 2023.

Revise ELD specifications

The regulatory text and technical specifications around the ELD rule could receive new updates soon.

Since the ELD rule was enacted in 2016, FMCSA noted in 2022 that “lessons learned” by regulators could improve the regulation. That year, the agency asked for public comments to improve the ELD rule.

The agency now plans to implement unspecified updates to the regulatory text and ELD specifications to improve clarity and usability.

Sharing more Clearinghouse driver violation information

FMCSA plans to issue a notice of proposed rulemaking to revise its Drug and Alcohol Clearinghouse rules. The changes would:

Increase the availability of driver violation information in the Clearinghouse, and
Improve the efficiency of Clearinghouse processes, allowing greater flexibility for drivers and employers

Implement household goods registration exam

FMCSA is working on a proficiency examination process for carriers looking to transport household goods. The rule would implement a provision requiring the process from a 2012 bill, the Moving Ahead for Progress in the 21^st Century Act.

According to the bill, household goods motor carriers must, among other requirements, successfully complete a proficiency examination established by the Secretary of Transportation.

Deregulate agricultural aircraft fuel transport

FMCSA plans to issue a notice of proposed rulemaking to waive the hazardous materials endorsement requirement for CDL holders transporting some agricultural aircraft fuels. FMCSA planned the rule in response to a petition from the National Agricultural Aviation Association.

The rule would allow states to waive the hazardous material endorsement when a driver transports less than 1,000 gallons of Jet A fuel to support agricultural operations.

Ease standards for drivers with seizure history

The agency is working on a notice of proposed rulemaking to lower federal regulations’ medical history standards for CMV drivers. Currently, federal regulations require drivers to have no history or diagnosis of epilepsy (or similar conditions).

FMCSA already has a federal seizure exemption process, where applicants can receive an exemption if they match certain criteria. This rule would modify the existing federal regulation to include the exemption criteria.

Raise UCR fees for 2026

Just like with the final rulemaking for 2025 UCR fees, FMCSA plans to issue a notice of proposed rulemaking to adjust UCR fees for 2026. The proposed rate of fee increase for registration year 2026 is yet to be announced.

Amend self-insurance fees

FMCSA plans to propose changing its fees for its self-insurance applicants. The rule would change self-insurance application fees (likely, raising the fees) and add new fees to monitor carriers’ ongoing compliance.

Change rules for securing dressed lumber

The agenda plans to update the rules for securing dressed lumber or similar building products. The new rules would better align with regulations from the Canadian Council of Motor Transport Administrators.

FMCSA’s plans for three specific changes to the rules:

Allow loads of three or more tiers of dressed lumber, with an overall height of less than 6 feet, to be secured with tiedowns over the top of the load but without a tiedown over one of the middle tiers as currently required.
Add specificity to violations that are currently grouped under a single regulation at 49 CFR 396.3(a)(1), which states that commercial motor vehicle 'parts and accessories shall be in safe and proper operating condition at all times,'
Make conforming changes to other regulations necessary.

Update to removing medical examiners

FMCSA plans to issue a notice of proposed rulemaking to provide an administrative removal process for medical examiners. The rulemaking would modify the existing federal regulation on the topic: 49 CFR § 390.115 - Procedure for removal from the National Registry of Certified Medical Examiners).

The new rule would introduce an undetermined process to remove examiners from the National Registry of Certified Medical Examiners if they do not comply with specific requirements.

Ease records preservation requirements

FMCSA has nonspecific plans to ease carriers’ records preservation duties. This rule’s entry in the regulatory agenda states that it would “remove overlapping and burdensome requirements” under 49 CFR 379.

General UCR updates

This line item in FMCSA’s regulatory agenda promises a suite of general improvements in addition to several provisions from the Moving Ahead for Progress in the 21st Century Act. The agency says that many of the proposed revisions will simply codify existing agency practices, while others would improve existing processes.

General proceedings improvements

The agency plans to propose improvements to its Rules of Practice for proceedings.

FMCSA says that the changes would “increase the efficiency of the procedures, enhance due process, make the rules more understandable to the public and regulated community, accommodate recent programmatic changes, and incorporate interpretations of the Rules of Practice made in agency decisions issued since the rules were last amended in May 2005."

This article was originally published on FleetOwner.com.