There has been a balancing act at FMCSA under the Trump administration. Deregulation remains a major federal priority, with agencies directed to eliminate unnecessary regulatory requirements. At the same time, FMCSA continues to pursue new or tighter regulations in areas where it believes additional oversight is necessary for safety, security, and the integrity of the transportation system.
In June, FMCSA finalized a rule that ends the requirement for drivers to keep an ELD operator’s manual in their commercial vehicles. That same day, FMCSA also finalized a rule ending the requirement for CDL holders to self-report motor vehicle violations to their state of domicile, since states now exchange that information electronically.
But even as it eliminates some requirements, the agency is pursuing significant changes involving English-language proficiency (ELP), electronic logging devices (ELDs), Drug and Alcohol Clearinghouse compliance, and overall carrier safety fitness.
The latest Unified Agenda contains dozens of active FMCSA actions. Here are four rulemakings we’re tracking in 2026 that we think are worth paying attention to.
#1: FMCSA Moves to Put ELP Out-of-Service Enforcement Into Regulation
FMCSA published an NPRM on August 10, 2026, proposing to formally make failure to meet the English-language proficiency requirement in §391.11(b)(2) an out-of-service condition in the Federal Motor Carrier Safety Regulations. Comments are due October 9, 2026. If finalized as proposed, it would:
- Codify failure to meet the ELP driver qualification requirement as an OOS violation
- Align the FMCSRs with the current North American Standard Out-of-Service Criteria used by CVSA
It’s important to point out that the underlying driver qualification requirement for English proficiency already exists, so nothing changes there. However, FMCSA believes this will create more uniform enforcement nationwide by putting the OOS requirement into the federal regulation itself.
#2: ELD Rules Could Get Their Biggest Cleanup in Years
FMCSA’s Unified Agenda currently projects a Notice of Proposed Rulemaking (NPRM) in November 2026 for Electronic Logging Device Revisions. This is still at the proposed-rule stage, and no NPRM has been published to date.
This would be significant for motor carriers, as the current ELD framework dates to the final rule published in 2015. FMCSA says a decade of experience with the ELD rules has highlighted opportunities to simplify the regulations, clear up recurring questions, update technical specifications, and make ELDs easier to use.
The Advance Notice of Proposed Rulemaking the agency issued in September 2022 offers clues about what FMCSA is considering. In that notice, the agency asked for industry feedback in five areas:
- Applicability to pre-2000 engines
- What happens during ELD malfunctions
- The process for removing noncompliant ELD products from FMCSA’s registered-device list
- Technical specifications
- ELD certification
FMCSA currently projects publication of the NPRM in November, although Unified Agenda dates can shift.
#3: The Drug & Alcohol Clearinghouse May Change Again
The Unified Agenda projects a November NPRM titled “Clearinghouse Implementation Revisions; Controlled Substances and Alcohol Use and Testing.”
While full details won’t be clear until the NPRM is released, the agency’s agenda description suggests we’ll see proposed changes in three areas:
- Making more driver violation information available through the Clearinghouse
- Revising Clearinghouse processes to make them more efficient and flexible for drivers and employers
- Bringing Clearinghouse requirements into closer alignment with underlying drug and alcohol use and testing rules
Changes here could affect employer Clearinghouse workflows, what information carriers can see, reporting and query processes, and how Clearinghouse requirements interact with the rest of a carrier’s drug and alcohol compliance program.
#4: FMCSA May Rethink How It Determines Whether a Carrier Is Safe to Operate
FMCSA currently projects an NPRM in November 2026 on Safety Fitness Procedures. This NPRM would follow a 2023 Advance Notice of Proposed Rulemaking and public listening sessions.
The goal behind this proposed rulemaking is to determine how the agency can use existing data and resources more effectively to identify motor carriers it deems unfit to operate. Specifically, FMCSA has asked about:
- Using available safety data, including inspection data, to determine carrier fitness
- Changing the methodology used to determine whether a carrier is safe to operate
- Potentially changing the current three-tier safety rating structure (Satisfactory, Conditional, Unsatisfactory)
In the 2023 ANPRM, FMCSA acknowledged that the current process of determining carrier fitness is resource-intensive and reaches only a small percentage of carriers. While this remains highly unsettled, it could ultimately change one of the most important ways FMCSA evaluates motor carriers.
Other Items Worth Watching
In addition to these four prospective rulemakings, a few other items are worth keeping on your radar. Broker transparency remains active, with a supplemental NPRM still on FMCSA’s agenda, while the agency is also considering stronger certification standards for entry-level driver training providers and tighter CDL security requirements. CVSA has separately petitioned FMCSA to require passenger-authorization documentation to be available during roadside inspections, although FMCSA has not proposed that change.
Stay Ahead of What’s Coming
With the exception of the ELP proposal, which was published earlier this month, the other three major rulemakings we’re tracking do not yet have published NPRMs. Their details could change considerably before a proposed rule is published, and some rulemakings may ultimately be delayed or withdrawn altogether.
That doesn’t mean carriers should wait until a proposed rule is published to start paying attention. Staying informed about what’s happening at the federal level gives motor carriers time to understand what’s coming and prepare before an eventual change becomes a compliance requirement.
At US Compliance Services, we’ll continue to track these regulatory developments and provide updates as they become available. If you have questions about your current requirements, contact us to speak with a compliance specialist.
