WASHINGTON — Earlier this month, the Biden administration’s Office of Management and Budget released the Fall 2024 edition of the biennial Unified Agenda of Federal Regulatory and Deregulatory Actions. The agenda updates the status of active and longer-term rulemakings, including the latest estimated target date for the next step in the rulemaking process.
U.S. freight markets are indirectly affected by regulations crafted by almost any agency, but several, including the modal agencies at the U.S. Department of Transportation, the Federal Maritime Commission and the Federal Aviation Administration are particularly relevant.
The timeline and status of rulemakings can be affected by several factors – one being a change in the priorities of a new administration. With President-elect Donald Trump taking office on Jan. 20, many federal regulations could be delayed or potentially rescinded.
With that caveat, below is the status of 10 selected rulemakings affecting freight markets. “Significant” rulemakings are estimated to have an annual effect on the economy of $200 million or more or are expected to have a material adverse effect on the economy.
“Other significant” rulemakings are deemed to be not economically significant but are considered significant by the agency that promulgates them. “Substantive, Nonsignificant” rulemakings are those estimated to have an impact on the industry but on a smaller scale.
1. Safety Fitness procedures
Agency: Federal Motor Carrier Safety Administration.
Freight market: Trucking.
Priority: Other Significant.
Rulemaking status: Notice of Proposed Rulemaking (NPRM) in June 2025.
Summary: FMCSA is seeking information on how it might use data and resources more effectively to identify unfit motor carriers and to remove them from the nation’s roadways. FMCSA would seek public comment about the use of available safety data, including inspection data, in determining carrier fitness to operate. The agency will consider potential updates to its methodology for determining whether a motor carrier is not fit to operate, including possible changes to the current three-tier safety fitness rating structure.
2. Heavy Vehicle Automatic Emergency Braking (AEB)
Agency: FMCSA.
Freight market: Trucking.
Priority: Significant.
Rulemaking status: Final rule in January 2025.
Summary: A joint measure by the National Highway Traffic Safety Administration and FMCSA, this 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.
3. Heavy Vehicle Speed Limiters
Agency: FMCSA.
Freight market: Trucking.
Priority: Significant.
Rulemaking status: NPRM in May 2025.
Summary: FMCSA intends to prepare a supplemental notice of proposed rulemaking to follow up on a jointly issued NPRM by NHTSA and FMCSA issued in September 2016. The new rulemaking will consider whether motor carriers operating commercial motor vehicles weighing over 26,000 pounds that are equipped with an electronic engine control unit (ECU) should be limited to a maximum speed to be determined by the rulemaking, and to maintain that ECU setting for the service life of the vehicle.
4. Mandatory guidelines for federal workplace drug testing programs – hair
Agency: Substance Abuse and Mental Health Services Administration.
Freight market: Trucking.
Priority: Other Significant.
Rulemaking status: Notice of Proposed Rulemaking in May 2025.
Summary: This action proposes to establish the scientific and technical guidelines for the inclusion of hair specimens in federal workplace drug testing programs. SAMHSA has chosen to reissue the guidelines as “proposed” rather than as “final” to seek further public comment on unresolved scientific issues related to external contamination and forensic hair testing for drugs.
5. Fuel efficiency standards for medium- and heavy-duty vehicles
Agency: NHTSA
Freight market: Trucking.
Priority: Significant.
Rulemaking status: NPRM in June 2025.
Summary: NHTSA plans to propose new requirements related to fuel efficiency for medium- and heavy-duty vehicles.
6. Automated Commercial Environment (ACE) electronic export manifest for vessel cargo
Agency: U.S. Customs and Border Protection.
Freight market: Ocean shipping.
Priority: Other Significant.
Rulemaking status: NPRM in March 2025.
Summary: CBP proposes to amend its regulations to require the advance submission of electronic export manifest (EEM) information to CBP in the ACE for cargo transported by vessels departing the U.S. The proposed rule would identify the parties eligible to transmit advance vessel EEM information, and their responsibilities, and describe the time frames for transmission of the information prior to cargo loading or conveyance departure. Requiring this data in advance would significantly improve cargo safety and security while minimizing disruption to the flow of maritime commerce.
7. Definition of unfair or unjustly discriminatory methods
Agency: Federal Maritime Commission.
Freight market: Ocean shipping.
Priority: Substantive, Nonsignificant.
Rulemaking status: NPRM in October 2025.
Summary: The FMC is proposing to define “unfair or unjustly discriminatory methods” under U.S. regulatory code [46 U.S.C. 41104(a)(3)], which states that common carriers (i.e., container ship operators), “shall not unreasonably refuse cargo space accommodations when available, or resort to other unfair or unjustly discriminatory methods.”
8. Customs broker identification of importers
Agency: CBP.
Freight market: Customs brokers.
Priority: Substantive, Nonsignificant.
Rulemaking status: Final rule in March 2025.
Summary: This rule will require customs brokers to verify the identity of importers and create an identification process for customs brokers to follow. The regulations aim to prevent fraud, to guarantee that all customs brokers perform due diligence to verify importers’ identities and to standardize how customs brokers verify new clients.
9. Update to the FRA’s Accident/Incident Reporting Requirements
Agency: Federal Railroad Administration.
Freight market: Rail.
Priority: Substantive, Nonsignificant.
Rulemaking status: NPRM in February 2025.
Summary: This rulemaking will amend FRA’s Accident/Incident Regulations covering reporting, classification and investigations. The rulemaking is meant to accomplish several objectives, including improving the agency’s ability to more accurately predict and target noncompliant behaviors, resulting in fewer accidents and fatalities, better understanding why trespassing events occur, and helping FRA inspectors more effectively investigate rail accidents and incidents.
10. Normalizing unmanned aircraft systems’ beyond-visual-line-of-sight operations
Agency: FAA.
Freight market: Drone delivery.
Priority: Other Significant.
Rulemaking status: NPRM in January 2025.
Summary: This action is considered the next step in integrating unmanned aircraft systems (UAS) into the national airspace system (NAS), and is expected to expedite the introduction of beyond-visual-line-of-sight (BVLOS) UAS operations in the NAS. It would build new operating rules for UAS cargo delivery for compensation or hire and create a defined regulatory approval pathway for third-party services to include UAS Traffic Management service suppliers.
