Environmental Protection Agency & Emissions
The Environmental Protection Agency ("EPA") is re-evaluating its 2022 Heavy-Duty Engine and Vehicle nitrogen oxides rule, with a proposed rule in the pipeline for spring 2026. According to the EPA, the goal is to "make major changes to the program requirements while maintaining the model year 2027 start of the standards, which can significantly reduce the cost of new heavy-duty vehicles, while still protecting human health and the environment, and avoiding regulatory distortions of the heavy-duty vehicle market.”
Training Certification for Drivers of Longer Combination Vehicles ICR
On Dec. 19, 2025, the Federal Motor Carrier Safety Administration ("FMCSA") requested comments on the Training Certification for Drivers of Longer Combination Vehicle information collection request, which relates to requirements for drivers to be certified to operate longer combination vehicles. As drafted, the regulation would grant drivers more freedom to choose how much time they spend in the sleeper during each shift.
Comments are due by Feb. 17, 2026. You can find the proposed rule here.
FMCSA Publishes Revisions to the National Hazardous Materials Route Registry
While not technically 2026, on Dec. 8, 2025, the FMCSA published revisions to the National Hazardous Materials Route Registry ("NHMRR") reported to FMCSA from April 1, 2024, through March 31, 2025. The NHMRR is a listing of all designated and restricted roads and preferred highway routes for transportation of highway route-controlled quantities of Class 7 radioactive materials and non-radioactive hazardous materials The revisions became effective Dec. 8, 2026.
You can read the revisions here.
Non-Domiciled Drivers
On April 28, 2025, President Trump issued an executive order concerning English Language Proficiency. However, the order also directed FMCSA to review non-domiciled CDLs issued by state agencies "to identify any unusual patterns or numbers or other irregularities."
The FMCSA’s entered an interim final rule on non-domiciled CDL holders in late September. The rule would prohibit the granting of CDLs to immigrants who are in the U.S. illegally, limit the visa types that would qualify for a CDL, and would require CDL expiration dates to match those on temporary visas. Non-citizen applicants would also be required to show up in-person for any issuance, renewal, transfer or upgrade of the CDL.
However, on in late November the U.S. Court of Appeals for the D.C. Circuit issued an administrative stay against the FMCSA’s interim rule, pending the case's resolution. Plaintiffs in the case argue that the FMCSA did not follow the normal rulemaking process and failed to demonstrate the need for an emergency rulemaking.
The court could lift the stay and allow FMCSA enforcement, declare the ruling invalid, ordering the FMCSA to reissue following the non-emergency process, or simply extend the stay indefinitely as they consider the case.
Highway Reauthorization Bill
The Infrastructure Improvement and Jobs Act ("IIJA"), which was signed into law by President Joe Biden on November 15, 2021, is set to expire September 30, 2026.
The top transportation leaders in Congress said they will schedule consideration of a comprehensive highway measure as early as springtime. Rep. Sam Graves (R-Mo.), chairman of the Transportation and Infrastructure panel, and Sen. Shelley Moore Capito (R-W.Va.), chairwoman of the Environment and Public Works Committee, are pushing for approval of a multiyear transportation measure that would adopt emerging technologies, such as artificial intelligence, and fund traditional infrastructure networks.
In 2025, the American Society of Civil Engineers issued a D+ grade for the country’s network of roadways, despite seeing some gains. According to the American Association of State Highway and Transportation Officials, "[s]ome 39% of major roads in the U.S. are in poor or mediocre condition, an improvement from the 43% recorded in 2020."
The question of fixing it, as always, may well come down to funding. The current federal tax on diesel fuel is 24.4 cents per gallon, unchanged since 1993. While construction costs have risen dramatically, Highway Trust Fund revenues have been impacted by improved vehicle fuel mileage and the introduction of hybrid and electric vehicles. The IIJA funded infrastructure repairs by taking $118 billion from the country’s general fund to supplement the Highway Trust Fund.
As desperately as these repairs and investments are needed, it could be a rare bipartisan issue in mid-term year.
If you or your company need help navigating the regulatory environment, or would like to comment on any of the FMCSA's proposed regulations, please contact Sean Barrick (sbarrick@setlifflaw.com) at (804) 377-1276, or Steve Setliff (ssetliff@setlifflaw.com) at (804) 377-1261.
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