Whatever the political headlines of the day, federal agencies continue to add new trucking regulations, adopt new forms, and extend or discontinue previous waivers and exemptions. In this series. “Trucking Things to Know Now,” PrePass provides quick updates on regulatory developments, often with links to more information.
DOT steps back from corrective steps on oral fluids testing. As The U.S. Department of Transportation (DOT) initially issued a Direct Final Rule (DFR) to allow oral fluid drug testing as an alternative to urine tests. This rule, announced in Trucking Things to Know Now, Part 13. assumed no public objections. However, adverse comments led to the DFR’s withdrawal. Now, DOT is focusing on the parallel Notice of Proposed Rulemaking (NFRM), issued the same day, which also suggests these changes and invites public comments. DOT will address these comments before finalizing the NPRM without a second comment period.
FMCSA and NHTSA Rulemakings Delayed. In the Unified Agenda of Regulatory and Deregulatory Actions (https://www.reginfo.gov/public/do/eAgendaMain) the federal government publishes expected timeframes for next steps on agency rulemakings. Those timeframes have always been estimates, as other priorities can intercede.
One of the priorities which can intercede is elections and their campaigns. The rulemaking process can slow down at election time, especially for proposals which have generated controversy among voters.
Here are some rulemakings from the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration which have their next steps delayed until after the election:
- Heavy Vehicle Automatic Emergency Braking. A joint effort by FMCSA and NHTSA, where public comments were concluded in August 2023, now anticipates a Final Rule in January 2025.
- Safety Fitness Procedures. How FMCSA uses data to identify unfit motor carriers began its rulemaking journey in August 2023 and recently saw FMCSA hold listening sessions to obtain more public input (https://www.prepassalliance.org/fmcsa-takes-comments-on-safety-fitness-determination/). An actual proposal (an NPRM) is now anticipated in June 2025.
- Electronic Logging Device (ELD) Revisions. Updates and clarifications on how truck driver hours of service (HOS) data are recorded was the topic of an Advance Notice of Proposed Rulemaking (ANPRM) back in 2022. An actual proposal, the NPRM, may arrive in June 2025.
- Heavy Vehicle Speed Limiters. The top speed for trucks has generated strong opinions ever since an NPRM proposing speed limiters was first published in 2016. The Unified Agenda says that FMCSA is looking toward a second NPRM in May 2025.
Elections can further delay these rulemakings. A new administration might pause or withdraw pending regulations through executive orders or moratoria.
Read previous installments of “Trucking Things to Know Now: Federal Regulatory Updates.”