Transportation Secretary Duffy unveils 52 deregulatory actions to streamline FHWA, FMCSA, and NHTSA regulations

Key takeaways:

Transportation Secretary Sean P. Duffy announced 52 actions to streamline regulations across FHWA, FMCSA, and NHTSA, targeting outdated rules that don't enhance safety.
Key amendments include rescinding the 10-Year Repayment Provision and altering civil penalties related to drug testing, while proposed changes will ease labeling and retrofitting requirements for trailers.
Of the 52 actions, 43 are in the Notice Proposed Rulemaking stage. These changes aim to improve efficiency and safety in the trucking industry by removing duplicative and obsolete regulations.

Secretary of Transportation Sean P. Duffy recently announced 52 deregulatory actions across the Federal Highway Administration, Federal Motor Carrier Safety Administration, and National Highway Traffic Safety Administration. According to Duffy, the deregulatory package will rescind, withdraw, or amend regulations that do not enhance safety.

“Big government has been a big failure. Under President Trump’s leadership, my department is slashing duplicative and outdated regulations that are unnecessarily burdensome, waste taxpayer dollars, and fail to ensure safety,” said Duffy. “These are common-sense changes that will help us build a more efficient government that better reflects the needs of the American people.”

These deregulatory actions primarily target “redundant” and “decade-old rules” that have “no real-life application.” This includes cutting duplicative provisions at FHWA for construction contracts and axing an “outdated” rule under FMCSA, which requires a paper copy of an ELD’s operator’s manual even when it can be found online. Another FMCSA change would ensure military technicians, who undergo rigorous military driver trainings, are not “burdened” by duplicative civilian commercial driver’s license requirements when operating commercial trucks for military purposes.

Of the 52 deregulatory actions, 43 are at the Notice Proposed Rulemaking stage, seven are final rules, and two are withdrawals of rulemaking actions. Below are the changes that will affect the trucking industry.

Rescinded FHWA regulations that affect trucking

Rescinding Preliminary Engineering Project 10-Year Repayment Provision: Before the enactment of the Infrastructure Investment and Jobs Act (Pub. L. 117-58), 23 U.S.C. 102(b) required that States pay back preliminary engineering costs if on-site construction or acquisition of right-of-way for a project did not commence within 10 years of the funds being made available for preliminary engineering, known as the 10-Year Repayment Provision. FHWA implemented this provision at 23 CFR 630.112(c)(2). The IIJA, however, rescinded this requirement, and with the authority behind the 10-Year Repayment Provision removed, the regulation is legally inoperative. FHWA will therefore remove it.

Rescinded FMCSA regulations that affect trucking

Appendix B to 49 CFR Part 386 – Civil Penalties; Paragraph (a)(1) of the Appendix: FMCSA amends the Federal Motor Carrier Safety Regulations to remove the reference to rules under the Department of Transportation’s “Procedures for Transportation Workplace Drug and Alcohol Testing Program” from the civil penalty schedule in the FMCSRs. Instead, the civil penalty schedule will refer solely to the part of the Code of Federal Regulations where this program is incorporated into the FMCSRs. Because the rule does not impose any new material requirements or increase compliance obligations, it is issued without prior notice and opportunity for comment, under the good cause exception in the Administrative Procedure Act.
Parts and Accessories Necessary for Safe Operation; Certification and Labeling Requirements for Rear Impact Protection Guards: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations to rescind the requirement that the rear impact guard be permanently marked or labeled with a certification from the impact guard manufacturer as required by the National Highway Traffic Safety Administration’s applicable Federal Motor Vehicle Safety Standard. The certification label or marking provides motor carriers purchasing new trailers or new impact guards to replace damaged devices with a means to determine whether the equipment is certified as meeting the FMVSS. However, the labeling or marking requirement has proven problematic for motor carriers when the label or marking becomes illegible or wears off during the trailer's or guard's service life. This proposal would eliminate the regulatory burden on motor carriers without affecting the applicable FMVSS. The proposal would also rescind a guidance document about illegible, incomplete, or missing rear impact guard certification labels.
Parts and Accessories Necessary for Safe Operation; Retroreflective Sheeting on Semitrailers and Trailers: FMCSA proposes to rescind the requirements for retroreflective sheeting on semitrailers and trailers manufactured before December 1, 1993, which is the compliance date for the National Highway Traffic Safety Administration’s conspicuity rules applicable to trailer manufacturers. The Federal Highway Administration adopted the retrofitting requirements on March 31, 1999, and require that motor carriers engaged in interstate commerce install retroreflective tape or reflex reflectors on the sides and rear of semitrailers and trailers that were manufactured before December 1, 1993, have an overall width of 2,032 mm (80 inches) or more, and a gross vehicle weight rating of 4,536 kg (10,001 pounds) or more. With the passage of more than 30 years since the NHTSA requirements were implemented, FMCSA believes the vast majority of trailers currently in use on the Nation’s highways were manufactured after 1993, so the retrofitting rule is no longer necessary.
Parts and Accessories Necessary for Safe Operation; Spare Fuses: FMCSA proposes to remove the requirement for commercial motor vehicles to be equipped with at least one spare fuse for each type and size of fuse needed for the parts and accessories of the CMV.
Parts and Accessories Necessary for Safe Operation; Liquid-Burning Flares: FMCSA proposes to remove references to liquid-burning flares from the warning device requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). This proposed revision would remove outdated language referring to warning devices that FMCSA believes are no longer used.
Removal of Self-Reporting Requirement: FMCSA proposes to revise its regulations requiring commercial driver’s license holders to self-report motor vehicle violations to their state of domicile. With the implementation of the exclusive electronic exchange of violations between state drivers licensing agencies in 2024, the agency says self-reporting is no longer necessary.
Removal of References to “Water Carriers”: FMCSA proposes to remove all references to “water carriers” in the FMCSA regulations. FMCSA does not specifically regulate water carriers except to the extent that such carriers also engage in motor carrier operations. In such cases, FMCSA argued that the existing FMCSRs provide appropriate coverage of the carrier’s motor carrier operations.
Qualifications of Drivers; Vision Standards Grandfathering Provision: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations to remove the grandfathering provision under the physical qualifications standards for interstate drivers operating under the previously administered vision waiver study program. The waiver study program was terminated prior to the adoption of rules in 1998 implementing the Transportation Equity Act for the 21st Century provision concerning waivers, exemptions and pilot programs.
Rescinding the requirement for ELD operator’s manual located in Commercial Motor Vehicles: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations to rescind the in-vehicle electronic logging device operator’s manual requirement for commercial motor vehicles . FMCSA currently maintains a list of the ELD vendors who have self-certified their products including submission of the operator’s manual. Additionally, drivers are required to understand the operation of the ELD on the vehicle. FMCSA said that there is no readily apparent benefit to continuing to require that the users’ manual be in the CMV.

Amended FMCSA regulations that affect trucking

Electronic Driver Vehicle Inspection Reports: FMCSA proposes to clarify the requirement to complete a Daily Vehicle Inspection Report, based upon a public comment filed by the National Tank Truck Carriers. The DVIR may already be completed electronically, however this NPRM proposes explicit language to make this clear.
Driver Vehicle Examination Report Disposition Update: FMCSA proposes to revise the requirement that motor carriers and intermodal equipment providers sign and return a completed roadside inspection form to the issuing state agency. FMCSA said that not all issuing state agencies require the return of these reports, and that requiring motor carriers and intermodal equipment providers to submit these reports to a state that does not require, or even request, the return of the form, creates an unnecessary burden. Through this proposed change, completed forms will only be returned to those states that request them. This action is in response to a petition for rulemaking from the Commercial Vehicle Safety Alliance.
Parts and Accessories Necessary for Safe Operation; Fuel Tank Overfill Restriction: FMCSA proposes to remove the requirement in the Federal Motor Carrier Safety Regulations that a liquid fuel tank manufactured on or after January 1, 1973, be designed and constructed so that it cannot be filled, in a normal filling operation, with a quantity of fuel that exceeds 95% of the tank’s liquid capacity. This proposal is in response to a petition for rulemaking from the Commercial Vehicle Safety Alliance.
Commercial Driver’s License Standards; Requirements and Penalties: Applicability to the Exception for Certain Military Personnel: FMCSA proposes to amend the Federal Motor Carrier Safety regulations to allow dual-status military technicians to qualify for the exception for certain military personnel from the commercial driver license standards in part 383. This rule responds to a petition for rulemaking submitted by James D. Welch.
Parts and Accessories Necessary for Safe Operation; Brakes on Portable Conveyors: FMCSA proposes to add an exception for portable conveyors used in aggregate industry operations, and manufactured before 2010, from the requirements that each commercial motor vehicle be equipped with brakes acting on all wheels, provided certain conditions are satisfied. This proposal is in response to a petition for rulemaking from the Michigan Aggregates Association.
Parts and Accessories Necessary for Safe Operation; Auxiliary Fuel Tanks: FMCSA proposes to add an exception to the prohibition on gravity and syphon feeds for auxiliary pumps with a fuel tank capacity of less than 5 gallons mounted on the trailer chassis frame or trailer bed, for purposes other than operation of the motor vehicle, that are operational only when the motor vehicle is not in motion. This proposal is in response to a petition for rulemaking from the Truck Trailer Manufacturers Association.
Accident Reporting: Modification to the Definition of the Term “Medical Treatment": FMCSA proposes to amend the Federal Motor Carrier Safety Regulations to revise the term “medical treatment” for the purpose of accident reporting to incorporate revised regulatory guidance issued by the agency regarding medical treatment away from the accident scene.
Parts and Accessories Necessary for Safe Operation; License Plate Lamps: FMCSA proposes to provide an exception from the lamp and reflective device requirements for license plate lamps on the rear of truck tractors while towing a trailer.
Parts and Accessories Necessary for Safe Operation; Tire Load Markings: FMCSA proposes to revise the requirements for tires on commercial motor vehicles to clarify that the Federal Motor Carrier Safety Regulations do not require tire load restriction markings on their sidewalls. This change would eliminate confusion and clarify the scope of FMCSA’s authority regarding the requirements for tires in the FMCSRs.