First look at the Trump administration’s transportation regulatory agenda
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Commentary

First look at the Trump administration’s transportation regulatory agenda

The Spring 2025 edition marks the first Unified Agenda publication of the second Trump administration.

The White House Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) finally published on Sept. 4 the Spring 2025 edition of the Unified Agenda of Regulatory and Deregulatory Actions that had been due in April, as required by the Regulatory Flexibility Act (5 U.S.C. § 602(a)). The Unified Agenda is the biannual snapshot of the federal administrative state and tracks the thousands of regulatory actions across hundreds of agencies. While imperfect in many ways, it does provide some valuable insight into forthcoming federal agency actions.

The Spring 2025 edition marks the first Unified Agenda publication of the second Trump administration. Like past presidents, President Donald Trump immediately issued a customary “regulatory freeze” of all federal rulemaking activities to allow new agency leadership to evaluate the regulations being developed by their predecessors.

The Trump administration has also been aggressive in its issuance of executive orders, and two in particular are relevant to the federal regulatory enterprise: EO 14192 (2025), “Unleashing Prosperity Through Deregulation,” and EO 14219 (2025), “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative.”

EO 14192 orders regulatory agencies to identify 10 existing regulations for repeal whenever they consider promulgating a new regulation. This 10-out, one-in regulatory budget also contains a directive that, to the extent permitted by law, any new incremental costs of a new regulation be offset by the elimination of existing costs associated with at least 10 prior regulations.

Having been tasked with implementing ambitious regulatory budgeting, EO 14219 provides agencies with specific deregulatory targets. It directs agencies to identify regulations that are unconstitutional or pose “serious constitutional difficulties,” based on unlawful delegations of statutory power, go beyond the “best reading” of the statute, implicate significant matters not clearly authorized by Congress, impose significant costs on private parties not outweighed by public benefits, harm the national interest, or impose undue burdens on small businesses and entrepreneurs. Following agency review, identification, and categorization of the offending rules, agencies are to consult with OIRA to develop a “Unified Regulatory Agenda” to rescind or modify these regulations.

In its Spring 2025 Unified Agenda preamble, the U.S. Department of Transportation states that it has “taken actions to ensure that all Departmental policies align with the Administration’s policies.”

With respect to regulatory policy, it highlights, “Ensuring Reliance upon Sound Economic Analysis in Department of Transportation Policies, Programs, and Activities,” Department Order 2100.6B, “Policies and Procedures for Rulemakings,” and a memo from the Department’s Office of General Counsel on “Review and Clearance of Guidance Documents.”

Each of these policies is deregulatory in character, and together they suggest that the Department of Transportation is taking seriously its orders from the president.

I previously examined the transportation rulemakings contained in Fall 2024, Spring 2024, Fall 2023, Spring 2023, Fall 2022, Spring 2022, Fall 2021, Spring 2021, and Spring 2020 editions of the Unified Agenda for Reason Foundation. From a historical perspective, Figure 1 below shows that the current volume of regulatory activity at the U.S. Department of Transportation is unprecedented, exceeding the previous record number of newly published rulemaking projects set in Spring 1996 by nearly 50%.

The Spring 2025 Unified Agenda lists 291 active rulemaking projects at the U.S. Department of Transportation. Of those 291, 133 are new rulemaking projects first published in the Spring 2025 edition. These new rulemaking projects are listed in Table 1 at the bottom of this article.

The Unified Agenda contains rules determined to be “significant regulatory actions,” or “economically significant” rules, which had been defined by EO 12866 (1993) as regulations that would have an annual impact on the economy of $100 million or more, or otherwise “adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.” Rules deemed economically significant are subject to greater scrutiny, most notably a requirement that agencies conduct a benefit-cost analysis of the proposed regulation.

With the changes brought by EO 14094 (2023), the annual cost threshold for a rule to be considered a “significant regulatory action” doubled to $200 million, and that threshold will be adjusted every three years for “changes in gross domestic product.” This adjustment was made in Section 3(f)(1) of the 2023 EO. A discussion of the rationale and implications of this change can be found in my review of the Fall 2023 edition of the Unified Agenda.

One important implication is that EO 14094 made historical comparisons of the stock and flow of “economically significant rules” more challenging. Fortunately, as part of the Congressional Review Act, Congress itself requires a separate “major” rule designation that retains the traditional $100 million threshold (5 U.S.C. § 804(2)(A)), allowing for continued like-for-like historical accounting.

Figure 1 preserves the traditional cost threshold by counting “major” rules instead of “economically significant” rules. While Trump revoked EO 14094 (2023) as part of EO 14148 (2025) and thereby restored the traditional $100 million cost threshold for “economically significant” rules, we have continued to count “major” rules to ensure continuity. There are currently 12 “major” rules under development at the Department of Transportation. Of the 133 new rulemaking projects that first appeared in the Spring 2025 edition of the Unified Agenda, only one has been designated a “major” rule. However, 34 have a “major” status listed as “undetermined,” meaning they could be later designated as “major” rules as they move through the rulemaking process and economic costs are estimated.

Transportation deregulation in the second Trump term

Given that Trump signed an executive order titled “Unleashing Prosperity Through Deregulation,” it should perhaps not be surprising that the U.S. Department of Transportation has categorized many of its newly announced rulemaking actions as “deregulatory.” That order, EO 14192, established a regulatory budget, which necessitates the categorization of rules as “regulatory” or “deregulatory.”  OIRA issued a memo in March 2025 providing guidance on this process. According to the Spring 2025 Unified Agenda, of the Department of Transportation’s 133 newly announced rulemaking projects, 119 are categorized as “deregulatory,” with the remainder being categorized as “fully or partially exempt,” “not subject to, not significant,” or “other.”

Some of DOT’s deregulatory actions involve rescinding existing rules, such as the forthcoming proposed rule from the Federal Aviation Administration that would eliminate the regulatory prohibition on overland supersonic flight (2120-AM15). Others would amend existing regulations to enable new technologies, such as the National Highway Traffic Safety Administration’s planned modernization of Federal Motor Vehicle Safety Standards 102 (2127-AM72), 103 and 104 (2127-AM71), and 108 (2127-AM70) to accommodate automated driving systems. And still others focus more on what could be called regulatory hygiene by removing obsolete requirements and unnecessary language that naturally accumulates over time, such as a recently issued proposed rule to eliminate a reference to a program that was terminated in 1998.

What this shows is that DOT is likely to pursue an aggressive deregulatory agenda, broadly construed. This makes sense given the presidential requirement of 10 deregulatory actions for every regulatory action. Agencies will have a strong incentive to find deregulatory actions, however inconsequential in terms of economic impact, to demonstrate compliance with the executive order.

Yet, the other component of this new regulatory budgeting—that the costs of a new regulation be offset by the costs associated with at least 10 other regulations that would be eliminated—is likely to focus DOT on bigger-ticket items. Thus, the size of the cost savings identified in benefit-cost analyses included in the regulatory impact assessments that accompany “significant” rules will determine the internal political success of this deregulatory effort. But the quality of those benefit-cost analyses will determine this deregulatory effort’s economic success, which is ultimately what matters, and that will need to be a key focus of those seeking to realize actual reforms.

Table 1: U.S. Department of Transportation Rulemaking Projects First Published in the Spring 2025 Unified Agenda

AgencyStage of RulemakingTitleRIN
OSTProposed RuleAdministrative Rulemaking, Guidance, and Enforcement Procedures2105-AF32
OSTProposed RuleDisadvantaged Business Enterprise and Airport Concession; Disadvantaged Business Enterprise Program Implementation Modifications2105-AF33
OSTProposed RuleIncreasing Flexibility on Disclosure of Airline Ancillary Fees2105-AF34
OSTProposed RuleAirline Refunds and Other Consumer Protections III2105-AF36
OSTProposed RuleEnhancing Flexibility of Air Fare Price Advertising2105-AF37
OSTProposed RuleAmendment to the Railroad Rehabilitation and Improvement Financing Program and Transportation Infrastructure Finance and Innovation Act Program Regulations2105-AF40
OSTFinal RuleAmendments to Procedures in Regulating and Enforcing Unfair and Deceptive Practices2105-AF38
OSTFinal RuleRevisions to Civil Penalty Amounts, 20262105-AF39
FAAPreruleUse of Certain Restricted Category Aircraft for the Transport of Firefighters for Wildfire Suppression2120-AM13
FAAProposed RuleProhibition of Remote Dispatch2120-AM10
FAAProposed RuleSport Pilot Practical Test Standards Alignment2120-AM12
FAAProposed RuleEnabling Supersonic Overland Flight2120-AM15
FAAFinal RuleMiscellaneous Technical Amendments2120-AM11
FAAFinal RuleFlight Restrictions at Ronald Reagan Washington National Airport2120-AM14
FHWAProposed RuleRescinding Requirements Regarding Geodetic Markers2125-AG28
FHWAFinal RuleRescinding Requirements Regarding Bridges on Federal Dams2125-AG18
FHWAFinal RuleRescinding Requirements Regarding Required Contract Provisions for Federal-aid Construction Contracts (Other than Appalachian Contracts)2125-AG19
FHWAFinal RuleRescinding Requirements Regarding the Forest Highway Program2125-AG20
FHWAFinal RuleRescinding Regulations Regarding Management Systems Pertaining to the National Park Service and the Park Roads and Parkways Programs2125-AG21
FHWAFinal RuleRescinding Regulations Regarding Management Systems Pertaining to the Forest Service and the Forest Highway Program2125-AG22
FHWAFinal RuleRescinding Regulations Regarding Management Systems Pertaining to the Fish and Wildlife Service and the Refuge Roads Program2125-AG23
FHWAFinal RuleRescinding Regulations Regarding Management Systems Pertaining to the Bureau of Indian Affairs and the Indian Reservation Roads Program2125-AG24
FHWAFinal RuleRescinding Regulations on Procedures for Advance Construction of Federal-aid Projects2125-AG26
FHWAFinal RuleNational Performance Management Measures; Rescinding Requirements for the First Performance Period2125-AG27
FMCSAProposed RuleClarification to the Applicability of Emergency Exemptions2126-AC77
FMCSAProposed RuleFees for Use of the Commercial Driver’s License Information System (CDLIS)2126-AC78
FMCSAProposed RuleParts and Accessories Necessary for Safe Operation; Retroreflective Sheeting on Semitrailers and Trailers2126-AC82
FMCSAProposed RuleParts and Accessories Necessary for Safe Operation; Spare Fuses2126-AC83
FMCSAProposed RuleParts and Accessories Necessary for Safe Operation; Liquid-Burning Flares2126-AC84
FMCSAProposed RuleRemoval of Self-Reporting Requirement2126-AC85
FMCSAProposed RuleRemoval of Obsolete References to “Water Carriers”2126-AC86
FMCSAProposed RuleQualifications of Drivers; Vision Standards Grandfathering Provision2126-AC87
FMCSAProposed RuleRescinding the Requirement for Electronic Logging Device Operator’s Manual Located in Commercial Motor Vehicles2126-AC88
FMCSAProposed RuleElectronic Driver Vehicle Inspection Reports2126-AC89
FMCSAProposed RuleDriver Vehicle Examination Report Disposition Update2126-AC90
FMCSAProposed RuleParts and Accessories Necessary for Safe Operation; Fuel Tank Overfill Restriction2126-AC91
FMCSAProposed RuleCommercial Driver’s License Standards; Requirements and Penalties: Applicability to the Exception for Certain Military Personnel2126-AC92
FMCSAProposed RuleParts and Accessories Necessary for Safe Operation; Brakes on Portable Conveyors2126-AC93
FMCSAProposed RuleParts and Accessories Necessary for Safe Operation; Auxiliary Fuel Tanks2126-AC94
FMCSAProposed RuleAccident Reporting: Modification to the Definition of the Term “Medical Treatment”2126-AC95
FMCSAProposed RuleParts and Accessories Necessary for Safe Operation; License Plate Lamps2126-AC96
FMCSAProposed RuleParts and Accessories Necessary for Safe Operation; Tire Load Markings2126-AC97
FMCSAFinal RuleParts and Accessories Necessary for Safe Operation; Certification and Labeling Requirements for Rear Impact Protection Guards2126-AC81
NHTSAProposed RuleAmendments to FMVSS No. 127; Light Vehicle Automatic Emergency Braking2127-AM69
NHTSAProposed RuleModernization of FMVSS 108 to accommodate ADS2127-AM70
NHTSAProposed RuleModernization of FMVSS 103 and FMVSS 104 to accommodate ADS2127-AM71
NHTSAProposed RuleModernization of FMVSS 102 to accommodate ADS2127-AM72
NHTSAProposed RuleUniform Procedures for State Highway Safety Grant Programs2127-AM73
NHTSAProposed RuleCorporate Average Fuel Economy Standards Amendment2127-AM76
NHTSAProposed RuleResponse to Petitions for Reconsideration, Seat Belt Warning Systems2127-AM80
NHTSAProposed RuleRemoving Obsolete Directives from Phase-In Reporting Requirements2127-AM82
NHTSAProposed RuleRemoving Obsolete Procedures from the Consumer Assistance to Recycle and Save Act of 20092127-AM83
NHTSAProposed RuleFederal Motor Vehicle Safety Standard No. 204; Steering Control Rearward Displacement2127-AM84
NHTSAProposed RuleFederal Motor Vehicle Safety Standards No. 205, Glazing Materials; No. 205(a), Glazing equipment manufactured before September 1, 2006 and glazing materials used in vehicles manufactured before Nov2127-AM85
NHTSAProposed RuleFederal Motor Vehicle Safety Standards No. 206; Door Locks and Door Retention Components2127-AM86
NHTSAProposed RuleFederal Motor Vehicle Safety Standards No. 207; Seating systems2127-AM87
NHTSAProposed RuleFederal Motor Vehicle Safety Standard No. 210; Seat Belt Assembly Anchorages2127-AM88
NHTSAProposed RuleFederal Motor Vehicle Safety Standards No. 214, Side impact protection2127-AM89
NHTSAProposed RuleFederal Motor Vehicle Safety Standards; No. 216, Roof Crush Resistance; Applicable Unless a Vehicle is Certified to Section 571.216a; and No. 216a, Roof Crush Resistance; Upgraded Standard2127-AM90
NHTSAProposed RuleFederal Motor Vehicle Safety Standard No. 217; Bus Emergency Exits and Window Retention and Release2127-AM91
NHTSAProposed RuleFederal Motor Vehicle Safety Standards No. 222; School Bus Passenger Seating and Crash Protection2127-AM92
NHTSAProposed RuleRemoving Obsolete Regulatory Text From Federal Motor Vehicle Safety Standards No. 301, Fuel System Integrity2127-AM93
NHTSAProposed RuleRemoving Obsolete Regulatory Text From Federal Motor Vehicle Safety Standards No. 303, Fuel System Integrity of Compressed Natural gas Vehicles2127-AM94
NHTSAProposed RuleRemoving Obsolete Regulatory Text From Federal Motor Vehicle Safety Standard No. 304, Compressed Natural Gas Fuel Container Integrity2127-AM95
NHTSAFinal RuleResponse to Petitions for Reconsideration, Child Restraint Anchorage Systems2127-AM74
NHTSAFinal RuleResponse to Petitions for Reconsideration, Fuel System Integrity of Hydrogen Vehicles and Compressed Hydrogen Storage System Integrity2127-AM75
NHTSAFinal RuleResponse to Petitions for Reconsideration, FMVSS No. 210, Seat Belt Anchorages2127-AM77
NHTSAFinal RuleResponse to Petitions for Reconsideration, Event Data Recorders2127-AM78
NHTSAFinal RuleResponse to Petitions for Reconsideration, Anti-Ejection Glazing for Bus Portals2127-AM79
FRAProposed RuleCodification of Longstanding Waivers2130-AD00
FRAProposed RuleAmendments to Streamline and Modernize Signal and Train Control System Regulations2130-AD02
FRAProposed RuleDispatcher Certification2130-AD03
FRAProposed RuleSignal Employee Certification2130-AD04
FRAProposed RuleProsecutorial Discretion of Enforcement Attorneys2130-AD11
FRAProposed RuleRegulatory Relief to Allow Speeds Up to 45 MPH for Non-Traversable Curbs2130-AD14
FRAProposed RuleEnhancing Railroad Discretion in Sounding Locomotive Horns at Passenger Stations2130-AD18
FRAProposed RuleRemoval of Unnecessary and Outdated Paperwork Reduction Act References2130-AD22
FRAProposed RuleAmendments to Brake System Maintenance and Inspection Requirements2130-AD24
FRAProposed RuleRepealing Certain Bridge Load Capacity Evaluation Requirements2130-AD28
FRAProposed RuleQualification and Certification of Locomotive Engineers and Conductors: Incorporation of Longstanding C3RS Waivers2130-AD32
FRAProposed RuleRegulatory Relief from Locomotive Horn Sounding Pattern at Public Highway-Rail Grade Crossings2130-AD39
FRAProposed RuleRepealing Outdated Railroad Workplace Safety Requirements and Making Other Improvements2130-AD44
FRAProposed RuleRepealing Special Approval Requirement for Freight Cars More Than 50 Years Old2130-AD46
FRAProposed RuleRepealing a Track Surface Requirement2130-AD49
FRAProposed RuleExpanding Certain Locomotive Wheel Diameter Variations2130-AD50
FRAProposed RulePermitting Use of Virtual Simulation for Periodic Refresher Training on Brake Systems2130-AD51
FRAProposed RuleRemoving Stenciling Requirement for Tourist and Historic Equipment2130-AD54
FRAProposed RuleRegulatory Relief for End of Car Cushioning Units2130-AD55
FRAProposed RuleAllowing for the Electronic Posting of Reportable Injuries and Occupational Illnesses2130-AD57
FRAProposed RuleMiscellaneous Amendments to FRA’s Accident Reporting Requirements2130-AD58
FRAProposed RuleRetiring Form FRA F 6180.107 and Form FRA F 6180.1502130-AD59
FRAProposed RuleMiscellaneous Revisions to the Qualification and Certification of Locomotive Engineers2130-AD60
FRAProposed RuleMiscellaneous Revisions to the Qualification and Certification of Conductors2130-AD61
FRAFinal RuleEmergency Breathing Apparatus Standards2130-AD01
FTAProposed RulePre-Award and Post-Delivery Audits of Rolling Stock Purchases2132-AB50
FTAProposed RuleRail Transit Roadway Worker Protection2132-AB57
FTAProposed RulePublic Transportation Safety Certification Training Program2132-AB58
FTAProposed RuleProject Management Oversight2132-AB59
FTAProposed RulePrivate Investment Project Procedures2132-AB60
FTAProposed RuleEmergency Relief Program2132-AB61
MARADProposed RuleProcessing Applications and Licensing Deepwater Ports2133-AC01
MARADProposed RuleSeamen’s Claims; Administrative Action and Litigation2133-AC02
MARADFinal RuleSeamen’s Service Awards Technical Update; Gulf of America2133-AC00
PHMSAPrerulePipeline Safety: Mandatory Regulatory Reviews to Unleash American Energy and Improve Government Efficiency2137-AF73
PHMSAPreruleHazardous Materials: Mandatory Regulatory Review to Unleash American Energy and Improve Government Efficiency2137-AF74
PHMSAProposed RuleHazardous Materials: Harmonization with International Standards2137-AF75
PHMSAProposed RulePipeline Safety: Rationalize Special Permit Conditions2137-AF81
PHMSAProposed RulePipeline Safety: Exception for In-Plant Piping Systems2137-AF82
PHMSAProposed RulePipeline Safety: Codify Enforcement Discretion on Incidental Gathering Lines2137-AF83
PHMSAProposed RulePipeline Safety: Eliminating Burdensome and Duplicative Deadlines for Gas Pipeline Coating Damage Assessments and Remedial Actions2137-AF84
PHMSAProposed RulePipeline Safety: Atmospheric Corrosion Reassessment for Pipeline Replacements2137-AF85
PHMSAProposed RulePipeline Safety: Harmonize Class Change Pressure Test Requirements with Subpart J Pressure Test Requirements2137-AF86
PHMSAProposed RuleHazardous Materials: Reducing Burdens on Domestic Aerosol Shippers2137-AG03
PHMSAProposed RuleHazardous Materials: Reducing Costs to Domestic Shippers and Carriers of Limited Quantities2137-AG04
PHMSAProposed RuleHazardous Materials: Reducing Burdens on Domestic Companies Using Battery-Powered Equipment in Trades2137-AG05
PHMSAProposed RuleHazardous Materials: Reducing Burdens to Domestic Carriers2137-AG06
PHMSAProposed RuleHazardous Materials: Remove Redundant List of US EPA CERCLA Hazardous Substances2137-AG07
PHMSAProposed RuleHazardous Materials: Reducing Burdens by Allowing Continued Use of DOT Special Permit Packaging2137-AG08
PHMSAProposed RuleHazardous Materials: Improving Efficiencies for Special Permits and Approvals Renewals2137-AG09
PHMSAProposed RuleHazardous Materials: Modernizing Payments to and From Americas Bank Account2137-AG10
PHMSAProposed RuleHazardous Materials: Removing Paperwork Burdens on Domestic Motor Carriers2137-AG11
PHMSAProposed RuleHazardous Materials: Reduce Training Burdens for American Farmers2137-AG12
PHMSAProposed RuleHazardous Materials: Remove Burdensome Outdated Rail Provisions2137-AG13
PHMSAProposed RuleHazardous Materials: Adopt DOT Special Permits 12412 and 11646 into the HMR2137-AG14
PHMSAProposed RuleHazardous Materials: Adopt DOT Special Permit 21287 into the HMR2137-AG15
PHMSAProposed RuleHazardous Materials: Adopt DOT Special Permit 21379 into the HMR2137-AG16
PHMSAProposed RuleHazardous Materials: Adopt DOT Special Permit 14175 into the HMR2137-AG17
PHMSAProposed RuleHazardous Materials: Adopt DOT Special Permit 21478 into the HMR2137-AG18
PHMSAProposed RuleHazardous Materials: Allow Fireworks Certification Agencies to Approve Professional Fireworks2137-AG19
PHMSAFinal RulePipeline Safety: Editorial Change to Reflect the Name Change of the Gulf of Mexico to the Gulf of America2137-AF72
PHMSAFinal RulePipeline Safety: Standards Update – API 20262137-AF90
PHMSAFinal RulePipeline Safety: Standards Update – ASTM A53/A53M2137-AF91
PHMSAFinal RulePipeline Safety: Standards Update – ASTM A381/A381M2137-AF92

Source: Office of Information and Regulatory Affairs, Unified Agenda of Regulatory and Deregulatory Actions, Spring 2025

Note: RIN = Regulation Identifier Number, a unique alphanumeric code assigned by the Regulatory Information Service Center to each rulemaking project listed in the Unified Agenda. An explanation of Stage of Rulemaking terms can be found on pages 10 and 11 of the Introduction to the Unified Agenda from the Regulatory Information Service Center.