KEY AGENCIES
September 25, 2026 Updates
There was no reportable FHWA activity last week.
The World Shipping Council filed an amendment to its agreement with the FMC that would allow WSC members to develop tools that enhance cargo screening efforts to improve safety. Additionally, the amendment allows WSC members to create and maintain databases of incidents relating to the identification of undeclared or non-compliant goods. The amendment takes effect on April 13.
FMCSA proposed codifying English-language proficiency violations as an out-of-service condition for commercial drivers, with comments due 60 days after Federal Register publication.
USDOT has republished its request for information (RFI) on the “America’s Great Corridors of Commerce” initiative — a voluntary program under which owners of highway and rail rights-of-way can propose corridors for the strategic colocation of utility infrastructure. After the RFI closes, USDOT will accept proposals for eligible corridor designations, of which it expects to select up to five. The republished version extends the comment period to October 2.
This week, the STB unanimously denied the motions for summary denial of the proposed Union Pacific–Norfolk Southern merger — motions filed last month by BNSF, CSX, and a coalition of shipper associations. The Board emphasized that the ruling does not endorse the merger or signal any view on its merits; rather, letting the proceeding move forward allows the agency to continue weighing further evidence and argument. Board Member Kloster concurred but issued a separate opinion noting that the motions raised “significant, compelling arguments” about competition that UP and NS will need to address. Opening comments on the merger application remain due November 18, with final briefs due May 28, 2027.
The STB determined that the railroad industry’s cost of capital for 2025 was 9.79 percent — its estimate of the average rate of return needed to attract investor capital to the freight rail industry. The Board calculates the figure annually from the cost of debt capital, the cost of common equity capital, the cost of preferred equity capital, capital structure, and the composite after-tax cost of capital.
Other Offices & Agencies
- The U.S. Court of Appeals for the 11th Circuit upheld the FRA’s two-person freight train crew rule, rejecting a legal challenge brought by major railroad industry groups and carriers.
- U.S. Customs and Border Protection issued an advance notice of proposed rulemaking (ANPRM) seeking greater visibility into the supply chains of imported goods, with the goal of detecting customs fraud, illegal transshipment, and other efforts to evade U.S. trade laws. CBP is weighing whether to require importers to identify additional supply-chain parties — manufacturers, exporters, sellers, and intermediaries — and to collect the foreign export documentation exporters must file with foreign customs authorities before shipment. It is also seeking input on global business identifiers and supply-chain traceability technologies, and on strengthening the CTPAT program with enhanced supply-chain visibility, cybersecurity, and data-integrity requirements. Comments are due December 1.
- Internal Revenue Service
- Maritime Administration
- National Highway Traffic Safety Administration
- National Labor Relations Board
- Office of the United States Trade Representative
- Pipeline and Hazardous Materials Safety Administration
- Transportation Security Administration
- U.S. Coast Guard
- U.S. Customs and Border Protection
- U.S. Department of Commerce
- U.S. Department of Justice
- U.S. Department of Labor
- International Maritime Organization