News

• Governor Phil Murphy today announced the full re-opening of I-80 following its temporary closures for construction after sinkholes impacted the roadway this year. All three lanes on I-80 eastbound are expected to reopen Saturday, June 21, four days ahead of schedule in Wharton, Morris County. All lanes on I-80 westbound reopened last Saturday, June 14, 11 days earlier than anticipated.

  In order to reopen the left lane and restore all lanes on I-80 eastbound, there will be a full closure of I-80 eastbound Friday night for final paving and striping.

  “I am thrilled to see all lanes of I-80 open safely this weekend so we can ensure that New Jerseyans can get to where they need to go efficiently and safely” Governor Phil Murphy said. "Importantly, I want to thank the thousands of New Jerseyans who have been impacted by these sinkholes for their patience as we worked to secure this roadway. I also want to thank NJDOT Commissioner Fran O’Connor, the NJDOT crews, and the New Jersey State Police who have worked around the clock to open this highway safely."

  “With the reopening of all lanes on I-80 eastbound this Saturday, full mobility will be restored on I-80 in both directions ahead of schedule,” NJDOT Commissioner Fran O’Connor said. “We could not have completed this massive project without the support and assistance of Governor Murphy, the local elected officials, and the New Jersey State Police.

  “I want to thank the NJDOT staff and our contractors for working non-stop for months to get I-80 reopened, and in particular, I want to thank the residents, businesses, and motorists for their patience during construction.

  “The repairs are permanent, and I am confident that the highway is now stronger and safer than it was before the first sinkhole developed. The engineering and magnitude of work that went into stabilizing and strengthening this road for decades to come is truly remarkable.”

  “Despite some challenging weather last weekend, I’m relieved that I-80 is still on track to fully reopen this weekend. This has been a long and difficult process, but I’m proud of how our community came together throughout this crisis,” Senate Republican Leader Anthony M. Bucco said. “From commuters and residents to local businesses, everyone worked together and showed tremendous patience. Thank you to the NJDOT leadership and the dedicated crews who’ve worked tirelessly to get this project done. We’re looking forward to getting things back to normal later this week.”

  “The re-opening of I-80 eastbound ahead of schedule is a testament to the extraordinary commitment of our transportation professionals,” Assemblywoman Aura K. Dunn said. “I want to thank the NJDOT team and all of the crews on the ground for working tirelessly, often through adverse conditions, to restore this critical corridor. Now we turn our focus to the long term work of strengthening our infrastructure so that we can better prevent emergencies like this.”

  “Thanks to the work crews and NJDOT staff we have come to the long-awaited opening of I-80 on June 21^st,” Assemblyman Christian Barranco said. “While the pain of this closure was felt throughout the district, NJDOT provided a masterclass on project management from beginning to end being able to open ahead of schedule with a beautiful new roadway.”

   

  I-80 Eastbound

  Beginning at 9 p.m. tomorrow, Friday, June 20 until 9 a.m. Saturday, June 21, all lanes on I-80 eastbound are scheduled to be closed and detoured at Exit 34/Wharton/Dover/Sparta. The closure is necessary to complete final paving and striping to reopen all lanes on I-80 eastbound. The following detour will be in place Friday night:

  I-80 eastbound at Exit 34 Detour:

  • Motorists on I-80 eastbound are being directed to take Exit 34 to Route 15/Wharton/Dover/Sparta
  • At the end of the ramp, stay right following signs for Route 15/Jefferson/Dover/Sparta/Picatinny Arsenal
  • Stay in the right lane on North Main Street following signs for Route 15 North/Jefferson/Sparta
  • Bear right toward Route 15 northbound/Picatinny Arsenal
  • At the traffic signal, merge onto Route 15 northbound
  • Stay left, following signs for Pondview Drive/U and Left Turns
  • Using both lanes, make a U-turn at the Pondview Drive traffic signal and merge onto Route 15 southbound
  • Stay left to take the exit to I-80 eastbound

  By 9 a.m. Saturday, June 21, all lanes on I-80 eastbound are expected to reopen. Two lanes on I-80 eastbound reopened May 21, and the detour utilizing Exit 34 was removed.

  I-80 Westbound

  Two lanes on I-80 westbound reopened May 30, and the detour utilizing Exit 34B was removed. All three lanes on I-80 westbound were reopened Saturday, June 14, 11 days ahead of schedule.
  
  NJDOT has created an I-80 project web page  to keep the public informed about the progress of repairs.

An I-80 travel time page  has been added to www.511NJ.org  and has current travel times.

Motorists are encouraged to check NJDOT’s traffic information website www.511nj.org  for construction updates and real-time travel information. For NJDOT news follow us on X (Twitter) @NewJerseyDOT , on the NJDOT Facebook page , or Instagram @NewJersey.DOT .

Inspectors in 45 jurisdictions throughout Canada, Mexico and the U.S. conducted 4,569 commercial motor vehicle inspections and placed 398 (8.7%) of those vehicles out of service due to brake-related violations as part of the Commercial Vehicle Safety Alliance’s (CVSA) unannounced one-day brake-safety inspection and enforcement event.

CVSA’s Brake Safety Day is an unannounced brake-safety inspection and regulatory compliance enforcement initiative when certified commercial motor vehicle inspectors conduct their routine roadside inspections with a focus on brake systems and components, and provide brake-related inspection and violation data to CVSA.

Of the 4,569 inspections conducted on April 22, 4,171 commercial motor vehicles did not have any brake-related out-of-service violations – 91.3% of the total number of vehicles inspected. Conversely, inspectors identified 398 (8.7%) commercial motor vehicles with brake-related critical inspection item vehicle violations. Those vehicles were immediately restricted from further travel until the violations were addressed.

This year, emphasis was placed on vehicles’ drums and rotors. Thirty-two (8%) commercial motor vehicles had drum/rotor violations during the one-day event. Fourteen of those violations resulted in the vehicle or combination being placed out of service.

Brake drum and rotor issues may affect a commercial motor vehicle’s brake efficiency and result in violations or out-of-service conditions that may affect a motor carrier’s safety rating. Furthermore, broken pieces of drums or rotors may become dislodged en route and damage other vehicles or result in injuries or fatalities.

Table 1 – Brake Drum/Rotor Violations

Violation Description	Air Disc Brakes	S-Cam Brakes	Hydraulic Brakes
Broken Rotor	8	0	0
Rusted Rotor	12	0	4
Metal-to-Metal Contact	0	0	0
Broken Drum	0	8	0
Total Violations	20	8	4

Inspectors identified 237 (59.5%) commercial motor vehicles that met the 20% defective brakes criterion, which is when 20% or more of the vehicle’s (or combination of vehicles’) brakes have an out-of-service condition.

In addition, inspectors identified 77 out-of-service violations related to brake hoses and/or tubing, 48 vehicles had steering axle out-of-service violations, 38 vehicles failed an air loss rate test, and there were 112 other out-of-service brake violations, such as worn brake lines/hoses, inoperative tractor protection system, inoperative low-air warning device, air leaks, hydraulic fluid leaks, etc.

Table 2 – Brake-Related Out-of-Service Violations

OOS Violation Description	OOS Violations	OOS Rate
20% Brakes	237	59.5%
Other	112	28.1%
Brake Hoses/Tubing	77	19.3%
Steering Axle	48	12.1%
Air Loss Rate	38	9.5%
Drum/Rotor	14	3.5%

 Also, nine U.S. jurisdictions utilized a performance-based brake tester (PBBT) on Brake Safety Day and conducted 100 PBBT Inspections. A PBBT is a machine that assesses the braking performance of a vehicle. U.S. Federal Motor Carrier Safety Regulations and CVSA’s North American Standard Out-of-Service Criteria require a minimum braking efficiency of 43.5%. Eight (8%) vehicles failed to meet the required 43.5% minimum braking efficiency rate and were placed out of service.

Table 3 – Data by Country

	Inspections	Brake OOS Violations	Brake OOS Rate	Drum/Rotor Violations
U.S.	3,819	303	7.9%	29
Canada	744	95	12.8%	3
Mexico	6	0	0	0
Combined	4,569	398	8.7%	32

CVSA’s unannounced Brake Safety Day is part of Operation Airbrake, a CVSA program dedicated to improving commercial motor vehicle brake safety throughout North America. CVSA’s seven-day Brake Safety Week, another Operation Airbrake campaign, is scheduled for Aug. 24-30.

June 17, 2025

TO:                 NJMTA Members

FROM:           Eric DeGesero, EDGE Consulting

There are two proposed regulations which have upcoming comment period deadlines that your company may be interested in submitting comments on. NJMTA is submitting comments on both:

NJ Department of Labor and Workforce Development – ABC Test/Independent Contractor                                                                                                                                

The NJ Department of Labor and Workforce Development has proposed regulations to “clarify” the test to determine independent contractor status. According to the NJDOLWD the impetus for this rule-making is a 2022 NJ Supreme Court decision. To read the NJDOLWD press release on this rule-making click here. (link to proposed regulation included). Originally the comment period was to have closed July 4, 2025 but that date was extended to August 6, 2025 and a public hearing was added for next Monday June 23, 2025, click here. (public comment sign-up).

While this is a public hearing to solicit input on newly proposed regulations do not expect any positive changes. Positive change can only come about as the result of a change in legislation, which this is not. NJMTA will use this opportunity to remind the NJDOLWD that independent contractors in the trucking industry are distinguishable from other industries. NJMTA will also submit written comments.

If you wish to testify at the hearing, please click on the link above (public comment sign-up). If you wish to submit written comments the deadline is August 6, 2025. 

South Jersey Transportation Authority –      Atlantic City Expressway:

The South Jersey Transportation Authority runs the Atlantic City Expressway. As NJMTA has previously advised, in the May 5, 2025, NJ Register there is a proposal to amend the regulations related to the transportation of hazardous materials on the AC Expressway.

The summary of the new rule states: “New N.J.A.C. 19:2-4.4(b) includes a proposed $ 50.00 processing fee related to all notifications submitted for transporting of gasoline and hazardous materials.” However, the proposed new rule reads differently than the summary, specifically that proposed NJAC 19:2-4.4 (b) reads, “…radioactive materials or devices, and transportation of Division 1.1, 1.2, 1.3, and 1.4 explosives, as defined at 49 CFR 173… shall be subject to the prior written approval of the Authority. All notifications for such approval shall be made, in writing, addressed to the Director of Operations and shall provide, to the satisfaction of the Authority, that the shipment shall comply in all respects with the provisions at 49 CFR 171 through 178 and 397. The fee for processing the notification for such approval shall be $ 50.00. All approvals granted shall be subject to annual renewal.”

(all below is proposed new)

19:2-4.4 Transportation of dangerous articles

(a) The transportation or shipment on the Roadway of any hazardous materials, as defined at Part 172 of the regulations of the United States Department of Transportation (49 CFR 172), shall be subject to the requirements at Parts 171 through 178 inclusive of such regulations (49 CFR 171 through 178) governing the preparation of the materials for transportation, construction of containers, packing, weighing, marking, labeling, billing, and certification of such materials.

(b) The transportation or shipment on the Roadway of radioactive materials or devices, and transportation of Division 1.1, 1.2, 1.3, and 1.4 explosives, as defined at 49 CFR 173, shall be subject to the prior written approval of the Authority. All notifications for such approval shall be made, in writing, addressed to the Director of Operations and shall provide, to the satisfaction of the Authority, that the shipment shall comply in all respects with the provisions at 49 CFR 171 through 178 and 397. The fee for processing the notification for such approval shall be $ 50.00. All approvals granted shall be subject to annual renewal.

(c) The Authority reserves the right to withhold the approval pursuant to (b) above, and to prohibit entry to the Roadway of any carrier of any hazardous materials, despite compliance with the aforementioned Federal regulations or any other pertinent regulations or law, if, in the Authority's opinion, the transportation or shipment will be likely to endanger life or property.

(d) No person shall transport in excess of five gallons any gasoline or other flammable liquids in containers in private vehicles. Commercial vehicles carrying flammable liquids shall be appropriately placarded in accordance with 49 CFR 172.500. In addition, all packages transported and carrying liquids regulated within this subsection shall be labeled in accordance with 49 CFR 172.400.

(e) Any operator, owner, or lessee of a vehicle on the Roadway that contains any hazardous material shall be subject to all provisions and penalties of the United States Code, the New Jersey Statutes, and the New Jersey Administrative Code.

(f) In the event of a discharge of hazardous materials on the Roadway, all remedial efforts shall be conducted in compliance with the laws of the State of New Jersey and the rules and regulations of the New Jersey Department of Environmental Protection and/or Federal statutes and regulations.

EDGE Consulting has arranged a call with the SJTA to discuss the incongruity between the summary and rule itself as it relates to certain flammable HAZMAT i.e., gasoline (and by extension propane, and combustibles diesel/heating) as well as what new requirements they are looking to require for radioactive and certain explosives. The call is this Thursday June 19, 2025.

If you haul radioactive materials or devices, and transport Division 1.1, 1.2, 1.3, and 1.4 explosives, on the AC Expressway and wish to participate respond to me at edegesero@edgeconsulitngnj.com. Link to the rule is here. Comments must be submitted by July 4, 2025.

 

Former state Assembly member Jack Ciattarelli has secured the Republican nomination for New Jersey’s next governor, with AP calling the race just 17 minutes after the polls closed tonight. When the AP declared Ciattarelli the winner, he had a nearly 45 percentage-point lead over his closest competitor, radio host Bill Spadea. Ciattarelli led in all 10 of the counties that had released at least some votes, by margins ranging from 13 to 70 points. NJBIA

Rep. Mikie Sherrill (D-11th) has been declared the Democratic nominee for New Jersey’s next governor after she defeated a field of five other Democrat candidates in Tuesday’s primary election. When AP called the race, Sherrill had secured 35% of the vote. NJBIA

Law enforcement personnel in Canada, Mexico and the U.S. will conduct commercial motor vehicle inspections, educate drivers and motor carriers about the importance of brake safety, and provide brake inspection and violation data to the Commercial Vehicle Safety Alliance (CVSA) for this year’s Brake Safety Week, scheduled for Aug. 24-30.

CVSA-certified inspectors will conduct routine commercial motor vehicle inspections throughout the week, focusing on brake systems and components. In addition, inspectors will focus on drums and rotors, the emphasis for this year’s brake-safety initiative. Brake drum and rotor issues may affect a vehicle’s brake efficiency. Broken pieces of drums and rotors may become dislodged from the vehicle enroute and damage other vehicles or result in injuries or fatalities to the motoring public.

Commercial motor vehicles found to have brake-related out-of-service violations, or any other out-of-service violations, will be removed from roadways until those violations are corrected.

During Brake Safety Week, inspectors will capture data about commercial motor vehicle inspections, brake systems and components, and brake-related violations and report that data to CVSA. Some jurisdictions will use performance-based brake testers (PBBT) to assess the braking performance of vehicles and submit PBBT-specific data to the Alliance. CVSA will collect and analyze all data and report the results publicly later this year.

In addition, brake-safety educational efforts by inspectors, motor carriers and others in the industry take place during Brake Safety Week and are integral to the success of the campaign. CVSA also offers resources to help drivers, motor carriers, owner-operators and mechanics prepare for Brake Safety Week.

Brake Safety Week aims to improve commercial motor vehicle brake safety throughout North America. The goal is to eliminate roadway crashes by conducting roadside inspections and educating drivers, mechanics, large- and small-fleet motor carriers, owner-operators, and others on the importance of proper brake inspection, maintenance and operation.

Thursday, May 29, 2025

More than 50 burdensome regulations were axed from the Code of Federal Regulations

WASHINGTON, D.C. - Secretary of Transportation Sean P. Duffy announced today 52 deregulatory actions across Federal Highway Administration (FHWA), Federal Motor Carrier Safety Administration (FMCSA), and National Highway Traffic Safety Administration (NHTSA). In total, the deregulatory package will rescind, withdraw, or amend burdensome regulations that do not enhance safety. These actions also help streamline the Code of Federal Regulations by deleting over 73,000 words from the Federal Register.  

“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 U.S. Transportation Secretary Sean P. 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 sensible 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 Electronic Logging Device’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 unfairly burdened by duplicative civilian commercial driver’s license requirements when operating commercial trucks for military purposes. 

Other common sense changes to help ensure safety for our children include a proposed amendment to use a properly sized crash test dummy in NHTSA’s car seat side impact tests. The proposed amendments will also help car seat manufacturers streamline development and testing to ensure sufficient availability of car seats for children to travel safely. 

Of the 52 deregulatory actions, 43 are at the Notice Proposed Rulemaking (NPRM) stage, seven are final rules, and two are withdrawals of rulemaking actions. All 52 deregulatory actions will increase efficiencies without compromising safety for the American people. 

BACKGROUND: 

The Department reestablished the Regulatory Reform Task Force (RRTF) and has already made progress on numerous key deregulatory rulemakings as part of the Administration’s deregulatory agenda, as provided in Executive Order 14192, Unleashing Prosperity Through Deregulation,” and Executive Order 14219, “Ensuring Lawful Governance and Implementing the President's ‘Department of Government Efficiency’ Deregulatory Initiative.” 

These rules are grouped by subagencies and divided into “Proposed Recissions,” “Other Deregulatory Actions,” or amendments, and “Withdrawals.”  

• Sixteen deregulatory actions were taken at FHWA, including: 
  • RESCINDING:  
    • Rescinding Regulations on Projects of National and Regional Significance Evaluation and Rating: FHWA repeals this part of the Code of Federal Regulations (CFR), which concerns funding proposed Projects of National and Regional Significance, a competitive grant program authorized in 2005 by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59). This program was rescinded by section 1105(c) of the Fixing America’s Surface Transportation (FAST) Act (Pub. L. 114-94) in 2015, making the regulations obsolete.   
    • Rescinding Requirements Regarding Bridges on Federal Dams: FHWA proposes to remove 23 CFR part 630, subpart H, which implements 23 U.S.C. 320 as it relates to procedures for Federal agencies to construct and finance public highway bridges over dams constructed and owned by or for the United States. FHWA does not believe that regulations beyond the scope of the requirements in 23 U.S.C. 320 are needed, and further notes that Congress has not appropriated funding for such bridges in decades.  
    • Rescinding Requirements Regarding Required Contract Provisions for Federal-Aid Construction Contracts (Other than Appalachian Contracts): FHWA proposes to remove 23 CFR part 633, Subpart A, which requires that recipients of FHWA financial assistance, contractors, and subcontractors include certain provisions otherwise required by statute and regulation in their construction contracts by physically incorporating Form FHWA-1273. Form FHWA-1273 does not itself impose any additional requirements; it only lists requirements that are found in other statutes and regulations. While FHWA believes that recipients, contractors, and subcontractors can incorporate Form FHWA-1273 voluntarily, FHWA does not believe it necessary to mandate incorporation.  
    • Rescinding Requirements Regarding Federal-aid Contracts for Appalachian Contracts: FHWA proposes to remove 23 CFR part 633, Subpart B, which establishes policies and procedures for projects under the Appalachian Development Highway System. Current regulations are outdated and generally are duplicative of what otherwise exists in statute. Further, FHWA does not believe it necessary to mandate the use of specific language currently contained in Appendices B, C, and D. 
    • Rescinding Requirements Regarding the Forest Highway Program: FHWA proposes to remove 23 CFR part 660, Subpart A, which implements the Forest Highway Program. Prior to the enactment of the Surface Transportation Assistance Act of 1982 (1982 STAA) (Pub. L. 97-424), Congress would appropriate funds directly for the Forest Highway Program under what was then 23 U.S.C. 204. The 1982 STAA combined previously separated programs, including the Forest Highway Program, into the general Federal lands highway program. Subsequently, the Moving Ahead for Progress in the 21st Century Act (MAP-21) (Pub. L. 112-141) replaced the single Federal lands highway program with the Tribal Transportation Program, Federal Lands Transportation Program, and Federal Lands Access Program. While forest roads remain eligible under these programs, FHWA does not believe it necessary to keep regulations geared solely towards such projects.  
    • Rescinding Regulations Regarding Management Systems Pertaining to the National Park Service and the Park Roads and Parkways Program: This part implements a previous version of 23 U.S.C. 204(a)(6), now revised and relocated to 23 U.S.C. 201(c)(5), requiring FHWA and the National Park Service to develop management systems. These regulations are outdated, and FHWA now implements this provision through guidance. Accordingly, FHWA is proposing to remove this rule. 
    • Rescinding Regulations Regarding Management Systems Pertaining to the Forest Service and the Forest Highway Program: This part implements a previous version of 23 U.S.C. 204(a)(6), now revised and relocated to 23 U.S.C. 201(c)(5), requiring FHWA and the Forest Service to develop management systems. These regulations are outdated, and FHWA now implements this provision through guidance. Accordingly, FHWA is proposing to remove this rule.   
    • Rescinding Regulations Regarding Management Systems Pertaining to the Fish and Wildlife Service and the Refuge Roads Program: This part implements a previous version of 23 U.S.C. 204(a)(6), now revised and relocated to 23 U.S.C. 201(c)(5), requiring FHWA and the Fish and Wildlife Service to develop management systems. These regulations are outdated, and FHWA now implements this provision through guidance. Accordingly, FHWA is proposing to remove this rule.   
    • Rescinding Regulations Regarding Management Systems Pertaining to the Bureau of Indian Affairs and the Indian Reservation Roads Program: This part implements a previous version of 23 U.S.C. 204(a)(6), now revised and relocated to 23 U.S.C. 201(c)(5), requiring FHWA and the Bureau of Indian Affairs (BIA) to develop management systems. These regulations are outdated and are no longer relied upon by FHWA and BIA. Accordingly, FHWA is proposing to remove this rule.  
    • Rescinding Preliminary Engineering Project 10-Year Repayment Provision: Prior to the enactment of the Infrastructure Investment and Jobs Act (IIJA) (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.  
    • Rescinding Regulations on Procedures for Advance Construction of Federal-aid Projects: Currently, 23 CFR 630.705(b) requires that projects using advance construction authority under 23 U.S.C. 115 have their project number be identified in a certain way. This requirement is no longer necessary to identify which projects are using advance construction, and FHWA is proposing to remove it.  
    • National Performance Management Measures; Rescinding Requirements for the First Performance Period: Certain provisions in 23 CFR 490.105 refer to the first performance period for the national performance management measures, which has already ended. For that reason, FHWA is removing these provisions that are currently irrelevant. FHWA implemented this provision at 23 CFR 630.112(c)(2). FHWA will therefore remove it.  
    • State Highway Agency Equal Employment Opportunity Program: FHWA is finalizing a final rule that will remove 23 CFR part 230, Subpart C, which requires State highway agencies to submit to FHWA Equal Employment Opportunity Program plans for FHWA approval, as those regulations are outdated and duplicative of existing law.  
    • Rescinding Requirements Regarding Geodetic Markers: FHWA prescribes procedures for conducting geodetic control surveys using FHWA financial assistance under 23 CFR part 630, Subpart D. Under these regulations, States must conform geodetic marking procedures to the specifications of the National Oceanic and Atmospheric Administration (NOAA). As FHWA believes this regulation largely states that projects need to be compliant with NOAA specifications, which is outside of statutes that FHWA administers, FHWA is proposing to remove it. 
    • Rescinding Requirements Regarding Management and Monitoring Systems: FHWA issued an NPRM on November 13, 2024, that proposed to remove the regulations at 23 CFR part 500 and make revisions to 23 CFR part 515 (89 FR 89506). FHWA will finalize the removal of 23 CFR part 500 and withdraw the proposed changes to 23 CFR part 515. 
  • WITHDRAWING: 
    • Highway Safety Improvement Program: FHWA previously published an NPRM proposing several changes to its regulations regarding the Highway Safety Improvement Program under 23 CFR part 924 (89 FR 13000). FHWA will withdraw this NPRM. 
       
• Twenty deregulatory actions were taken at FMCSA, including: 
  • RESCINDING: 
    • Motor Carrier Routing Regulations: FMCSA repeals this part of the Code of Federal Regulations (CFR), which concerns servicing municipalities and unincorporated communities. This is an obsolete rule left over from the transfer of rules from the Interstate Commerce Commission (ICC) to the Federal Highway Administration (FHWA) in 1995, and carried over to FMCSA in 2000.  
    • Appendix B to 49 CFR Part 386 – Civil Penalties; Paragraph (a)(1) of the Appendix: FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) 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 (CFR) 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, pursuant to the good cause exception in the Administrative Procedure Act (APA).  
    • 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 (FMCSRs) 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 (NHTSA) applicable Federal Motor Vehicle Safety Standard (FMVSS). 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 service life of the trailer or guard. This proposal would eliminate an unintended regulatory burden on motor carriers without compromising safety, as this NPRM would not affect the applicable FMVSS. The proposal would also rescind a guidance document pertaining to 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 prior to December 1, 1993, which is the compliance date for the National Highway Traffic Safety Administration’s (NHTSA) conspicuity rules applicable to trailer manufacturers. The retrofitting requirements were adopted by the Federal Highway Administration (FHWA) 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 prior to 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. This proposal would eliminate obsolete regulatory text without compromising safety. 
    • Parts and Accessories Necessary for Safe Operation; Spare Fuses: FMCSA proposes to remove the requirement for commercial motor vehicles (CMVs) 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. This proposed change would remove an unnecessary requirement from the Federal Motor Carrier Safety Regulations (FMCSRs).  
    • 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 (CDL) 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 (SDLAs) in 2024, self-reporting is no longer necessary. This action supports the Administration’s deregulatory efforts. 
    • Removal of Obsolete References to “Water Carriers”: FMCSA proposes to remove all obsolete references to “water carriers” in the FMCSA regulations (FMCSRs). FMCSA does not specifically regulate water carriers except to the extent that such carriers also engage in motor carrier operations. In such cases, 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, as this regulation is now obsolete. 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 (FMCSRs) to rescind the in-vehicle electronic logging device (ELD) operator’s manual requirement for commercial motor vehicles (CMVs). 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. There is no readily apparent benefit to continuing to require that the users’ manual be in the CMV. This proposal would eliminate an unintended regulatory burden on motor carriers without compromising safety.  
  • AMENDING: 
    • Railroad Grade Crossings; Stopping Required: Exception for Railroad Grade Crossing Equipped with Active Warning Device not in Activated State: FMCSA proposes to amend the regulations related to driving a commercial motor vehicle (CMV) at railroad grade crossings. Currently, drivers of certain CMVs (e.g., buses transporting passengers and CMVs transporting certain hazardous materials) are required to stop before crossing a railroad track unless an exception applies, such as when the railroad grade crossing is controlled by a functioning highway traffic signal transmitting a green indication. The Agency proposes to add a similar exception for a railroad grade crossing equipped with an active warning device that is not in an activated state (e.g., flashing lights or crossing gates down, indicating the arrival of a train), provided that the driver has exercised due caution to ascertain that the course is clear before crossing and local law permits the CMV to proceed across the railroad tracks without stopping.  
    • Electronic Driver Vehicle Inspection Reports: FMCSA proposes to clarify the requirement to complete a Daily Vehicle Inspection Report (DVIR), based upon a public comment filed by the National Tank Truck Carriers (NTTC). The DVIR may already be completed electronically, however this NPRM proposes explicit language to make this clear. This will encourage motor carriers and drivers to utilize electronic, cost-saving methods when completing DVIRs. 
    • 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 is aware 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 (CVSA). 
    • Parts and Accessories Necessary for Safe Operation; Fuel Tank Overfill Restriction: FMCSA proposes to remove the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) 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 percent of the tank’s liquid capacity. This proposal is in response to a petition for rulemaking from the Commercial Vehicle Safety Alliance (CVSA). The proposed change would remove an unnecessary and outdated requirement from the FMCSRs. 
    • 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 (FMCSRs) to allow dual-status military technicians to qualify for the exception for certain military personnel from the commercial driver license (CDL) 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 (CMV) 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 (MAA). The proposed change would provide relief from a regulatory requirement for certain portable conveyors without impacting safety. 
    • 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 (TTMA). The proposed change would provide relief from a regulatory requirement without impacting safety.  
    • Accident Reporting: Modification to the Definition of the Term “Medical Treatment": FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) 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. This proposed change would remove an unnecessary regulatory requirement without impacting safety. 
    • Parts and Accessories Necessary for Safe Operation; Tire Load Markings: FMCSA proposes to revise the requirements for tires on commercial motor vehicles (CMVs) to clarify that the Federal Motor Carrier Safety Regulations (FMCSRs) 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. 
       
• Sixteen deregulatory actions were taken at NHTSA, including: 
  • RESCINDING: 
    • Removing Obsolete Directives from Phase-In Reporting Requirements: NHTSA is proposing to remove obsolete directives from the phase-in reporting requirements in Part 585. 
    • Removing Obsolete Procedures from the Consumer Assistance to Recycle and Save Act of 2009: NHTSA is proposing to remove obsolete regulations related to the Consumer Assistance to Recycle and Save Act of 2009. 
    • Federal Motor Vehicle Safety Standard No. 204; Steering Control Rearward Displacement: NHTSA is proposing to amend Federal Motor Vehicle Safety Standard No. 204, Steering Control Rearward Displacement- Passenger Cars, so that it no longer applies to vehicles that are certified to the frontal barrier crash protection requirements of Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection. 
    • Federal Motor Vehicle Safety Standards No. 205, Glazing Materials; No. 205(a), Glazing equipment manufactured before September 1, 2006 and glazing materials used in vehicles manufactured before November 1, 2006: NHTSA is proposing to remove the obsolete Federal Motor Vehicle Safety Standard (FMVSS) No. 205(a), Glazing equipment manufactured before September 1, 2006 and glazing materials used in vehicles manufactured before November 1, 2006. 
    • Federal Motor Vehicle Safety Standards No. 206; Door Locks and Door Retention Components: NHTSA is proposing to remove obsolete requirements from Federal Motor Vehicle Safety Standard (FMVSS) No. 206, Door locks and door retention components. 
    • Federal Motor Vehicle Safety Standards No. 207; Seating systems: NHTSA is proposing to remove obsolete requirements from Federal Motor Vehicle Safety Standards (FMVSS) No. 207, Seating Systems. 
    • Federal Motor Vehicle Safety Standard No. 210; Seat Belt Assembly Anchorages: NHTSA is proposing to remove unnecessary regulatory text from Federal Motor Vehicle Safety Standard (FMVSS) No. 210, Seat belt assembly anchorages. 
    • Federal Motor Vehicle Safety Standards No. 214, Side impact protection: NHTSA is proposing to remove obsolete requirements from Federal Motor Vehicle Safety Standard (FMVSS) No. 214, Side impact protection. 
    • Federal Motor Vehicle Safety Standards; No. 216, Roof Crush Resistance; Applicable Unless a Vehicle is Certified to § 571.216a; and No. 216a, Roof Crush Resistance; Upgraded Standard: NHTSA is proposing to remove the obsolete Federal Motor Vehicle Safety Standard (FMVSS) No. 216, related to roof crush resistance. 
    • Federal Motor Vehicle Safety Standard No. 217; Bus Emergency Exits and Window Retention and Release: NHTSA is proposing to remove obsolete requirements from Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus emergency exits and window retention and release. 
    • Federal Motor Vehicle Safety Standards No. 222; School Bus Passenger Seating and Crash Protection: NHTSA is proposing to remove obsolete requirements from Federal Motor Vehicle Safety Standard (FMVSS) No. 222, School bus passenger seating and crash protection. 
    • Removing Obsolete Regulatory Text from Federal Motor Vehicle Safety Standards No. 301, Fuel system integrity: NHTSA is proposing to remove obsolete requirements from Federal Motor Vehicle Safety Standard (FMVSS) No. 301, Fuel system integrity. 
    • Removing Obsolete Regulatory Text from Federal Motor Vehicle Safety Standards No. 303, Fuel system integrity of compressed natural gas vehicles: NHTSA is proposing to remove obsolete directives from the phase-in reporting requirements for Federal Motor Vehicle Safety Standard (FMVSS) No. 303, Fuel system integrity of compressed natural gas vehicles. 
    • Removing Obsolete Regulatory Text from Federal Motor Vehicle Safety Standards No. 304, Compressed natural gas fuel container integrity: NHTSA is proposing to remove obsolete directives from the phase-in reporting requirements in Federal Motor Vehicle Safety Standard (FMVSS) No. 304, Compressed natural gas fuel container integrity. 
  • AMENDING: 
    • Federal Motor Vehicle Safety Standard No. 213a; Child Restraint Systems – Side Impact Protection; Federal Motor Vehicle Safety Standard No. 213; Child Restraint Systems, Federal Motor Vehicle Safety Standard No. 213b; Child Restraint Systems: This document proposes amendments to the safety standards for child restraint systems (CRSs).  NHTSA is proposing to amend FMVSS No. 213a, “Child restraint systems—side impact protection,” to exempt school bus CRSs from the standard’s requirements as long as they meet specified labeling requirements; to delay the compliance date from June 30, 2025 to December 5, 2026; and to provide that the Child Restraint Air Bag Interaction twelve-month-old (CRABI)-12MO test dummy will not be used to test forward-facing CRSs.  The first two of these amendments are in response to petitions from CRS manufacturers.  NHTSA is also proposing to amend FMVSS No. 213, “Child restraint systems” and FMVSS No. 213b, Child restraint systems; Mandatory applicability beginning December 5, 2026, to exclude school bus CRSs from the requirements to provide attachments for connection to the vehicle’s child restraint anchorage system.   
  • WITHDRAWING: 
    • Federal Motor Vehicle Safety Standards No. 218; Motorcycle Helmets: This action withdraws the Notice of Proposed Rulemaking (NPRM) published in the Federal Register on May 21, 2015 proposing amendments to Federal Motor Vehicle Safety Standard (FMVSS) No. 218, Motorcycle Helmets. The NPRM proposed three main changes to FMVSS No. 218: (1) Adding a definition of motorcycle helmet, (2) Adding preliminary screening requirements, and (3) Adding an alternate compliance process. Based on NHTSA’s analysis of the comments received and other considerations, the Agency has decided to withdraw the rulemaking proposal. 

All roadside inspections will be conducted in English. If the inspector’s initial contact with the driver indicates that the driver may not understand the inspector’s initial instructions, the inspector should conduct an English Language Proficiency (ELP) assessment. The assessment should consist of a (1) driver interview; and (2) highway traffic sign recognition assessment.

• Step 1. Driver Interview – interview is a means of establishing the driver’s ability to respond to official inquiries by speaking English sufficiently. Tools to facilitate communication such as interpreters, I-Speak cards, cue cards, smart phone applications, and On-Call Telephone Interpretation Service should not be used during the driver interview. If the inspector determines the driver is unable to respond to official inquiries in English sufficiently, it is the policy of FMCSA that the inspector cite the driver for a violation. There is no need to progress to Step 2 if the inspector determines that the driver is unable to respond sufficiently to official inquiries as outlined in Step 1 of the ELP Assessment.
• Step 2. Highway Traffic Sign Recognition Assessment – the inspector should evaluate the driver’s ability to understand sufficiently United States highway traffic signs by conducting a Highway Traffic Sign Assessment to include highway traffic signs that conform to the Federal Highway Administration’s Manual on Uniform Traffic Control Devices for Streets and Highways and electronic-display changeable (a.k.a. “dynamic”) message signs the driver may encounter while operating a commercial motor vehicle.

It is the policy of FMCSA that the inspector also take follow-on action including: 1) placing the driver immediately out-of-service once a violation of 49 CFR § 391.11(b)(2) is incorporated into the North American Standard Out-of-Service Criteria; and 2) when warranted, initiating an action to disqualify the driver from operating commercial motor vehicles in interstate commerce.

49 CFR 391.11(b)(2)

Washington— The American Trucking Associations is calling today’s votes in the U.S. Senate nullifying California’s electric vehicle mandates a “monumental victory” for the trucking industry, common sense, and consumers everywhere.

“California is the breeding ground of all bad public policy, and it’s long past time that our nation’s leadership in Washington stop abdicating its responsibility to unelected, cubicle-dwelling bureaucrats in Sacramento who have no understanding of the real world and how it works. Today’s Senate votes send a resounding message nationwide that this is not the United States of California, nor will it ever be,” said ATA President and CEO Chris Spear. “We appreciate the leadership of President Trump, EPA Administration Zeldin, and leaders in Congress who listened to our concerns and acted decisively to reverse these destructive rulemakings, which would have decimated our industry and unleashed a torrent of economic pain on the American families and businesses that we serve.”

The Senate voted today to pass two resolutions that will undo damaging regulations set by California and prevent the Golden State from setting de facto national vehicle policies.  Last month, ATA sent a letter urging Republican congressional leaders in the House and Senate to put these resolutions on the floor for a vote.  The measures were previously passed by the House and now go to the President’s desk for his signature.

The resolution championed by Sen. Deb Fischer (R-Nebraska) will revoke an EPA waiver that allowed California and other states to enforce its Advanced Clean Trucks (ACT) regulation.  ACT, which has been adopted by 11 states, requires medium- and heavy-duty truck manufacturers to sell increasing percentages of zero-emission vehicles from 2024-2035. 
 
The resolution championed by Sen. Markwayne Mullin (R-Oklahoma) will revoke an EPA waiver that allowed California and other states to enforce its Low NOx Omnibus rule.  This rule, which has been adopted by 10 states, imposes stringent emissions standards on new truck sales. 
 
Both mandates are untethered from reality and would have been extraordinarily costly to fully implement.  Even states that adopted the standards are acknowledging reality by scaling back and delaying implementation.

Trucks today produce 99% fewer nitrogen oxide (NOx) and particulate matter emissions than those on the road decades ago, and new trucks cut carbon emissions by over 40 percent compared to a truck manufactured in 2010.  As a result, 60 of today’s trucks emit what just one truck did in 1988. 

“Trucking is an industry of innovators. We don’t need government mandates to tell us how to reduce our environmental impact—we’ve been doing it for forty years with a record to show, all while moving an ever-increasing percentage of the goods that Americans expect and depend on every day,” said Spear.

The resolutions passed by Congress will not only restore EPA’s role as the primary authority empowered to establish achievable, nationwide emissions standards, but they will also block California from issuing similar regulations in the future.

For Immediate Release: May 22, 2025

Contact: Jeanette Hoffman (908) 418-0859

DeGesero: US Senate Vote to Repeal EV Car and Truck Mandates a Win for NJ Consumers

In response to the US Senate voting to repeal California’s electric car and electric truck mandates, which ends New Jersey’s EV mandates, Eric DeGesero, advisor to NJ Motor Truck Association, NJ Propane Gas Association, and Fuel Merchants Association of NJ, issued the following statement:

“The Congress of the United States has voted to repeal California’s EV mandates for electric cars and trucks. It is anticipated President Trump will sign the resolutions. In turn this will end the EV truck mandate that is crippling NJ small businesses and prevent the EV car mandate from taking effect in August 2026.

This is a huge win for affordability, reliability, dependability, and security.

It also sets up a clear choice in this fall’s election for Governor. As of today, the leading candidates for Governor provide a stark contrast regarding mandated electrification.

The leading Republican candidate Jack Ciattarelli has publicly stated he opposes the EV mandates and Governor Murphy’s attempt to force electric heat pumps and electric stoves on us through Senate Bill 249/Assembly Bill 4844. The leading Democratic candidate Congresswoman Mikie Sherrill voted to keep the EV mandates.

EV trucks cost three times more than a regular truck, there is no place to charge them, and everything we buy moves in a truck so these increased costs will be passed along to consumers, the rate of EV car purchases in NJ fell precipitously from 2023 to 2024, and the most expensive way to heat your house winter 2025 was electric heat. Consumers and businesses should have the freedom to choose how we wish to drive, heat, and cook. As it relates to continuing Governor Murphy’s  ‘electrify everything’ agenda after he leaves office, the choice for Governor this fall could not be more stark nor consequential.”

#####