As the Trump administration launches its second-term initiatives, Venable partners Jim Burnley and Ariel Wolf provided a detailed analysis of the Department of Transportation’s (DOT) regulatory rollback strategy. Their remarks during a recent webinar highlighted a sharp pivot from the Biden administration’s priorities, with a renewed focus on deregulation, technological neutrality, and expedited rulemaking. Key agency shifts span the Federal Motor Carrier Safety Administration (FMCSA), the National Highway Traffic Safety Administration (NHTSA), and the Federal Highway Administration (FHWA), among others.
Trump’s 10-for-1 Directive and DOT’s March Order Drive Policy Shift
Burnley noted the “10 existing regulatory burdens to be revoked for each new significant regulation” mandate under Executive Orders 14192 and 14219, explaining that this policy is “being taken seriously by every indication in the administration.” He emphasized that DOT’s 23-page March order requires rules to be technologically neutral, sets out to reduce market entry barriers, and insists that benefits are to exceed cost unless law or safety requires otherwise. Burnley also referenced a regulatory reform task force and changes to NEPA processes, including hard deadlines, simplified categorical exclusions, and even page limits”
Wolf added that the internal rulemaking directive—nicknamed the “rule on rules”—requires agencies “to minimize the market entry barriers, promote technological neutrality, and to ensure that the benefits exceed the costs.” He characterized the evolving landscape as one of not just deregulatory efforts but also modernization, noting that “updating is another important word that comes up here.”
FMCSA and NHTSA Push Forward with Deregulatory, Pro-Technology Agendas
Wolf highlighted that FMCSA’s May 29 deregulatory package included 20 actions in total, two final rules and 18 notice of proposed rulemakings. These included eliminating obsolete routing regulations dating back to 1952 and repealing “long-standing but…irrelevant rules related to spare fuses, flares, and obsolete model references.” He called the effort a clearing of “regulatory underbrush.”
Turning to NHTSA, Wolf cited 16 deregulatory actions targeting outdated Federal Motor Vehicle Safety Standards, such as eliminating a glazing standard for vehicle types that haven’t existed since 2006 and restructuring roof crush standards. He also discussed the rollback of CAFE penalties to $5.50 per 0.1 MPG shortfall, ultimately nullified by Congress’s “One Big Beautiful Bill,” which set CAFE penalties for…vehicles to zero. According to Wolf, this “collapsed” the CAFE credit trading market, with “significant impact on EV—electric vehicle manufacturers.”
Autonomous Vehicle Policy, AV Trucking, and Drone Rules on the Horizon
Wolf explained that the Trump administration has launched a new AV policy framework with three goals: “ensure safety via modernizing the FMVSS,” “encourage innovation through clearer exemption pathways,” and “reducing the administrative delay for deployment readiness.” He said the long-standing exemption process had “broken down,” and the administration is now “committed… to clarify, update, modernize.”
On autonomous trucking, Wolf described Texas as “the epicenter” of the autonomous trucking industry, driven by “a significant labor shortage… 80,000 drivers and growing.” He praised the development as “very exciting and interesting,” with regulatory efforts ongoing, including petitions submitted for beacon requirements.
Burnley concluded by spotlighting proposed drone rules that would both allow beyond line of sight operations and restrict the unauthorized use of drones…over mass gatherings like sports arenas. He added that the administration’s moves to rescind Biden-era greenhouse gas rules reflect inevitable policy reversals under a new political regime, noting, “it does inevitably mean that planning gets disrupted or delayed.” As DOT leaders await confirmation, Burnley and Wolf underscored the urgency and complexity of the administration’s rapid regulatory transformation.
To learn more about upcoming webinars in this series, Deregulation Nation: Legal Perspectives on the Changing Rules, click here. The series runs through the summer.