KEY AGENCIES
September 4, 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.
FHWA, FRA, and FTA released a final rule finalizing the revisions to their National Environmental Policy Act (NEPA) implementation procedures first issued as a joint interim final rule in July 2025. The final rule makes no substantive changes from last year’s version — only minor technical ones — and implements changes mandated by the Fiscal Responsibility Act of 2023 and the IIJA. It also reflects the removal of CEQ’s NEPA regulations and the Supreme Court’s ruling in Seven County Infrastructure Coalition v. Eagle County, which allowed federal agencies to limit the scope of environmental reviews to a project’s more immediate impacts. To streamline permitting, the rule caps environmental assessments at 75 pages and most environmental impact statements at 150 pages, and sets completion deadlines of one year for most EAs and two years for most EISs. The final rule took effect on September 1, 2026.
STB has resumed its review of the proposed Union Pacific–Norfolk Southern merger and established a procedural schedule, with comments due November 18 and final briefs due May 28, 2027.
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
