Welcome to The On-Ramp, the newsletter published by Venable’s Autonomous and Connected Mobility Team. The On-Ramp explores legal and policy developments in the world of autonomous and connected vehicles, smart infrastructure, electrification, and other emerging automotive and mobility technologies, from Capitol Hill to the U.S. Department of Transportation and beyond.
U.S. Department of Transportation (USDOT)
DC Circuit Places Stay on FMCSA’s New Rule on Non-Domiciled CDLs
On November 13, 2025, the enactment of the Federal Motor Carrier Safety Administration’s (FMCSA) interim final rule on non-domiciled Commercial Driver’s Licenses (CDLs) was stayed by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit). The interim final rule was promulgated by the FMCSA on September 26, 2025, without notice and comment, to significantly narrow eligibility for “non-domiciled” CDLs and Commercial Learner's Permits (CLPs), which are CDLs/CLPs issued by a state to applicants who are not domiciled in that state. Previously, issuance of non-domiciled CDLs/CLPs only required submission of an unexpired employment authorization document or an I-94 with an unexpired foreign passport. See 49 CFR § 383.71(f). However, this new rule imposed stricter documentation and verification requirements (including mandatory in-person renewals and SAVE verifications of immigration status) and tied license validity to immigration status or shorter renewal cycles.
On October 20, plaintiffs, including commercial truck drivers and labor unions, petitioned the D.C. Circuit for a review of this rule and moved for an emergency stay pending the FMCSA's review. The D.C. Circuit granted the stay in an unsigned “per curiam” order, based on the favorable likelihood that the rule: (i) was issued without prior consultation with the states despite the rule claiming that the FMCSA had consulted the states; (ii) did not provide sufficient evidence to be issued without notice and comment; (iii) was arbitrary and capricious based on lack of evidence about non-domiciled CDL holders; and (iv) would cause irreparable harm by threatening the “destruction of the petitioners’ businesses” and those of the labor unions. The consequence of the stay is that while the FMCSA continues to review the rule, it will not be in effect.
NHTSA Announces Exemption Applications Received for ADS-Equipped Vehicles
On September 26, 2025, the National Highway Traffic Safety Administration (NHTSA) announced that it is reopening the public comment period on an application from an autonomous vehicle (AV) developer for exemptions from certain Federal Motor Vehicle Safety Standards (FMVSS) under 49 C.F.R. Part 555. The exemptions sought include portions of FMVSS No. 101, Controls and displays, FMVSS No. 102, Transmission shift position sequence, starter interlock, and transmission braking effect, FMVSS No. 104, Windshield wiping and washing systems, FMVSS No. 105, Hydraulic and electric brake systems, FMVSS No. 108, Lamps, reflective devices, and associated equipment, FMVSS No. 111, Rear visibility, and FMVSS No. 208, Occupant crash protection. The NHTSA had originally sought comments on the application from November 8, 2024, to January 7, 2025. The newly opened comment period on the application closed on October 29, 2025. The NHTSA states in the notice that it is reopening the public comment period to allow for review of additional materials submitted by the applicant.
Similarly, on September 25, 2025, the NHTSA announced that it received an application from another AV developer for a general temporary exemption, authorized under 49 U.S.C. § 30113 and 49 C.F.R. Part 555, from certain FMVSS. The requested exemptions include portions of FMVSS No. 103, Windshield defrosting and defogging systems, FMVSS No. 104, Windshield wiping and washing systems, FMVSS No. 108, Lamps, reflective devices, and associated equipment, FMVSS No. 111, Rear visibility, FMVSS No. 135, Light vehicle brake systems, FMVSS No. 201, Occupant protection in interior impact, FMVSS No. 205, Glazing materials, and FMVSS No. 208, Occupant crash protection. The exemption would allow driverless passenger vehicles equipped with automated driving systems (ADS) to be operated for commercial robotaxi service.
The NHTSA granted an FMVSS exemption to the first American company in August 2025 for research and demonstration purposes, as authorized by 49 U.S.C. § 30114, under the NHTSA’s newly expanded Automated Vehicle Exemption Program. This exemption program was previously available only for imported vehicles, but was expanded to include domestically produced vehicles as part of the U.S. Department of Transportation’s Innovation Agenda.
USDOT RFI on Cargo Theft
On September 18, 2025, the U.S. Department of Transportation (USDOT) published a request for information (RFI) on “Protecting America’s Supply Chain from Cargo Theft.” The purpose of the RFI is to solicit ideas from industry, the public, and stakeholders to aid in developing potential strategies and programs to reduce cargo theft, strengthen supply chain security, and create a safe operating environment for freight stakeholders and the operating public.
The USDOT sought comment and data on several topics, including:
- The most significant cargo theft risks facing the U.S. supply chain today;
- How these risks vary across different types of goods movement;
- How cargo theft challenges shippers and carriers across different modes of transportation;
- The barriers preventing timely detection, reporting, and response to cargo theft incidents and how the USDOT can reduce these barriers;
- The role DOT Operating Administrations should play in addressing cargo theft;
- The data collection improvements the USDOT should pursue;
- Any regulations that contribute to vulnerabilities leading to cargo theft;
- Industry best practices or technologies that are effective in reducing both opportunistic and organized thefts;
- Possible performance metrics that would be valuable in measuring success in reducing cargo theft;
- The commodities facing the highest risks of theft; and
- The potential practices, technologies, or focal points for investigation that the USDOT can initiate regarding cargo theft prevention, reporting, and enforcement partnerships.
Comments on this RFI were due on October 19, 2025.
Update on NEVI Program
On August 11, 2025, the Federal Highway Administration (FHWA) published Interim Final Guidance for the National Electric Vehicle Infrastructure (NEVI) program, which directed states to submit updated electric vehicle (EV) infrastructure deployment plans by September 12, 2025. At the time of publication, 41 of 50 states had made their updated Fiscal Year 2026 plans publicly available. Of those published, 18 states reference electrification for medium- and heavy-duty (M/HD) vehicles in their plans, including Arizona, California, Colorado, Illinois, Indiana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, Tennessee, Texas, Utah, Vermont, Virginia, Washington, and Wisconsin.
Across these plans, a few trends emerged relating to M/HD electrification. Many states continue to consider M/HD charging in “Phase 2” of their plans, which follows the completion of light-duty corridor networks required by the FHWA. Once those light-duty corridors receive “fully built out” certification, remaining federal NEVI funds will support M/HD charging infrastructure. States are also prioritizing regional partnerships, joining efforts like the Northeast Freight Corridor Charging Plan, the Clean Corridor Coalition, and the East Coast Commercial ZEV Corridor. Several states are also developing pilot programs and dedicated funding to jumpstart M/HD charging projects. Remaining plans are expected to be published in the coming weeks following FHWA approval.
White House
White House OSTP Issues RFI on Regulatory Reform on Artificial Intelligence
On September 25, the White House Office of Science and Technology Policy (OSTP) published an RFI on “Regulatory Reform on Artificial Intelligence” (AI). The OSTP sought information from the public on existing Federal statutes, regulations, agency rules, guidance, forms, and administrative processes that unnecessarily hinder the development, deployment, and adoption of AI in the U.S., as well as on priorities for regulatory reform or agency action necessary to promote AI innovation and adoption. Specifically, the OSTP requested comments on the following:
- AI activities, innovations, or deployments that are currently being inhibited, delayed, or otherwise constrained due to Federal statutes, regulations, or policies
- Federal statutes, regulations, or policies that present barriers to AI development, deployment, or adoption in the respondent’s sector
- Administrative tools that are available but underutilized, where existing policy frameworks are not appropriate for AI applications
- Potential modifications to specific statutory or regulatory regimes that would enable lawful deployment while preserving regulatory objectives
- Forms of clarification on how existing rules cover AI activities that would be most effective
- Barriers that arise from organizational factors that impact how Federal statutes, regulations, or polices are used or not used
Comments on this RFI were due on October 27, 2025.
Congress
House Letter on Investigations of Chinese Tech Companies
On November 3, 2025, several House committee leaders sent a letter to Secretary of Commerce Howard Lutnick urging the Bureau of Industry and Security’s Office of Information and Communications Technology and Services (OICTS) to investigate several Chinese Communist Party- (CCP)-linked technology companies operating in the United States. The lawmakers called on the OICTS to examine and potentially restrict adversary products in emerging technology sectors, including advanced and networked sensors, AI infrastructure, automated industrial machinery and robotics, and trucking. The letter directs the OICTS to submit a briefing to Congress by November 30, 2025. The letter is signed by Select Committee on China Chairman John Moolenaar (R-MI), Foreign Affairs Committee Chairman Brian Mast (R-FL), Permanent Select Committee on Intelligence Chairman Rick Crawford (R-AR), Committee on Homeland Security Chairman Andrew Garbarino (R-NY), and Foreign Affairs Subcommittee on South and Central Asia Chairman Bill Huizenga (R-MI).
Hearings
- House Judiciary Committee Hearing on AI at a Crossroads: A Nationwide Strategy or Californication?
On September 18, 2025, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet held a hearing titled “AI at a Crossroads: A Nationwide Strategy or Californication?” Witnesses at the hearing included: (1) Adam Thierer, senior technology and innovation fellow, R Street Institute; (2) Kevin Frazier, AI innovation and law fellow, University of Texas School of Law; (3) David Bray, Loomis council member and distinguished fellow, Stimson Center; (4) Neil Richards, Koch distinguished professor of law, Washington University School of Law and co-director, The Cordell Institute. The purpose of the hearing was to discuss state versus federal regulation of AI and its impact on innovation and industry.
Discussion between witnesses and members included a significant focus on how a federal AI moratorium would affect both innovation and consumer safety. In addition, members asked how Congress can work to develop a bipartisan federal framework for AI.
- House Committee on Oversight and Government Reform Hearing on Shaping Tomorrow: The Future of Artificial Intelligence
On September 17, 2025, the House Committee on Oversight and Government Reform’s Subcommittee on Cybersecurity, Information Technology, and Government Innovation held a hearing titled “Shaping Tomorrow: The Future of Artificial Intelligence.” Witnesses at the hearing included: (1) Kinsey Fabrizio, president, Consumer Technology Association; (2) Samuel Hammond, chief economist, Foundation for American Innovation; and (3) Nicol Turner Lee, Ph.D., senior fellow, Governance Studies and director, Center for Technology Innovation, Brookings Institution. The purpose of the hearing was to discuss the current state of AI, its impact on the U.S. economy, and the future implications of the technology as it continues to innovate.
Witnesses and members discussed how a federal AI framework would support innovation for U.S. companies, and witnesses urged members to develop a federal framework that fosters innovation and protects consumers.
- Michael Kratsios Testifies at Senate Hearing on AI
On September 10, 2025, the Senate Commerce, Science, and Transportation Committee’s Subcommittee on Science, Manufacturing, and Competitiveness held a hearing titled “AI’ve Got a Plan: America’s AI Action Plan.” The purpose of the hearing was to discuss President Trump’s AI strategy, “Winning the Race: America’s AI Action Plan,” and explore opportunities for legislative and executive collaboration to promote AI innovation. Michael Kratsios, director, White House Office of Science and Technology Policy (OSTP) , was the sole witness.
Mr. Kratsios cited autonomous vehicles (AVs) as an example of domestic innovation, stating that “adoption of cutting-edge products begins domestically, whether self-driving vehicles on America’s roads or large language models in legislative offices.” The discussion between Mr. Kratsios and members emphasized the importance of collaboration between the executive and legislative branches, as well as partnership between the public and private sectors, as tools to promote U.S. innovation and global competitiveness. Mr. Kratsios stated that the “patchwork” of state laws currently regulating the AI industry is “anti-innovation,” and that creating national standards will help ensure that American AI grows at a global scale.
Nominations
Senate Confirms USDOT Officials
On September 18, 2025, the Senate voted 51-47 to confirm Sean McMaster as the administrator of the Federal Highway Administration (FHWA) and Jonathan Morrison as the administrator of the National Highway Traffic Safety Administration (NHTSA), , as part of a package of 48 nominees. On October 7, 2025, the Senate voted 51-47 to confirm Derek Barrs as administrator of the Federal Motor Carrier Safety Administration (FMCSA), Michael Rutherford as the assistant secretary of Transportation for the Office of Multimodal Freight Infrastructure and Policy, and Gregory Zerzan as the general counsel of the U.S. Department of Transportation, as part of a package of 108 nominees. David Fink was also confirmed as the administrator of the Federal Railroad Administration.
A recent rule change now allows the Senate to vote on an unlimited number of non-Cabinet and non-judicial nominees at once, known as “en bloc consideration,” instead of on an individual basis. This rule change was enabled by the Senate Republicans’ exercise of the “nuclear option” to override a standing rule by a simple majority instead of the required two-thirds vote.