First look at the Trump administration’s transportation regulatory agenda

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

Agency	Stage of Rulemaking	Title	RIN
OST	Proposed Rule	Administrative Rulemaking, Guidance, and Enforcement Procedures	2105-AF32
OST	Proposed Rule	Disadvantaged Business Enterprise and Airport Concession; Disadvantaged Business Enterprise Program Implementation Modifications	2105-AF33
OST	Proposed Rule	Increasing Flexibility on Disclosure of Airline Ancillary Fees	2105-AF34
OST	Proposed Rule	Airline Refunds and Other Consumer Protections III	2105-AF36
OST	Proposed Rule	Enhancing Flexibility of Air Fare Price Advertising	2105-AF37
OST	Proposed Rule	Amendment to the Railroad Rehabilitation and Improvement Financing Program and Transportation Infrastructure Finance and Innovation Act Program Regulations	2105-AF40
OST	Final Rule	Amendments to Procedures in Regulating and Enforcing Unfair and Deceptive Practices	2105-AF38
OST	Final Rule	Revisions to Civil Penalty Amounts, 2026	2105-AF39
FAA	Prerule	Use of Certain Restricted Category Aircraft for the Transport of Firefighters for Wildfire Suppression	2120-AM13
FAA	Proposed Rule	Prohibition of Remote Dispatch	2120-AM10
FAA	Proposed Rule	Sport Pilot Practical Test Standards Alignment	2120-AM12
FAA	Proposed Rule	Enabling Supersonic Overland Flight	2120-AM15
FAA	Final Rule	Miscellaneous Technical Amendments	2120-AM11
FAA	Final Rule	Flight Restrictions at Ronald Reagan Washington National Airport	2120-AM14
FHWA	Proposed Rule	Rescinding Requirements Regarding Geodetic Markers	2125-AG28
FHWA	Final Rule	Rescinding Requirements Regarding Bridges on Federal Dams	2125-AG18
FHWA	Final Rule	Rescinding Requirements Regarding Required Contract Provisions for Federal-aid Construction Contracts (Other than Appalachian Contracts)	2125-AG19
FHWA	Final Rule	Rescinding Requirements Regarding the Forest Highway Program	2125-AG20
FHWA	Final Rule	Rescinding Regulations Regarding Management Systems Pertaining to the National Park Service and the Park Roads and Parkways Programs	2125-AG21
FHWA	Final Rule	Rescinding Regulations Regarding Management Systems Pertaining to the Forest Service and the Forest Highway Program	2125-AG22
FHWA	Final Rule	Rescinding Regulations Regarding Management Systems Pertaining to the Fish and Wildlife Service and the Refuge Roads Program	2125-AG23
FHWA	Final Rule	Rescinding Regulations Regarding Management Systems Pertaining to the Bureau of Indian Affairs and the Indian Reservation Roads Program	2125-AG24
FHWA	Final Rule	Rescinding Regulations on Procedures for Advance Construction of Federal-aid Projects	2125-AG26
FHWA	Final Rule	National Performance Management Measures; Rescinding Requirements for the First Performance Period	2125-AG27
FMCSA	Proposed Rule	Clarification to the Applicability of Emergency Exemptions	2126-AC77
FMCSA	Proposed Rule	Fees for Use of the Commercial Driver’s License Information System (CDLIS)	2126-AC78
FMCSA	Proposed Rule	Parts and Accessories Necessary for Safe Operation; Retroreflective Sheeting on Semitrailers and Trailers	2126-AC82
FMCSA	Proposed Rule	Parts and Accessories Necessary for Safe Operation; Spare Fuses	2126-AC83
FMCSA	Proposed Rule	Parts and Accessories Necessary for Safe Operation; Liquid-Burning Flares	2126-AC84
FMCSA	Proposed Rule	Removal of Self-Reporting Requirement	2126-AC85
FMCSA	Proposed Rule	Removal of Obsolete References to “Water Carriers”	2126-AC86
FMCSA	Proposed Rule	Qualifications of Drivers; Vision Standards Grandfathering Provision	2126-AC87
FMCSA	Proposed Rule	Rescinding the Requirement for Electronic Logging Device Operator’s Manual Located in Commercial Motor Vehicles	2126-AC88
FMCSA	Proposed Rule	Electronic Driver Vehicle Inspection Reports	2126-AC89
FMCSA	Proposed Rule	Driver Vehicle Examination Report Disposition Update	2126-AC90
FMCSA	Proposed Rule	Parts and Accessories Necessary for Safe Operation; Fuel Tank Overfill Restriction	2126-AC91
FMCSA	Proposed Rule	Commercial Driver’s License Standards; Requirements and Penalties: Applicability to the Exception for Certain Military Personnel	2126-AC92
FMCSA	Proposed Rule	Parts and Accessories Necessary for Safe Operation; Brakes on Portable Conveyors	2126-AC93
FMCSA	Proposed Rule	Parts and Accessories Necessary for Safe Operation; Auxiliary Fuel Tanks	2126-AC94
FMCSA	Proposed Rule	Accident Reporting: Modification to the Definition of the Term “Medical Treatment”	2126-AC95
FMCSA	Proposed Rule	Parts and Accessories Necessary for Safe Operation; License Plate Lamps	2126-AC96
FMCSA	Proposed Rule	Parts and Accessories Necessary for Safe Operation; Tire Load Markings	2126-AC97
FMCSA	Final Rule	Parts and Accessories Necessary for Safe Operation; Certification and Labeling Requirements for Rear Impact Protection Guards	2126-AC81
NHTSA	Proposed Rule	Amendments to FMVSS No. 127; Light Vehicle Automatic Emergency Braking	2127-AM69
NHTSA	Proposed Rule	Modernization of FMVSS 108 to accommodate ADS	2127-AM70
NHTSA	Proposed Rule	Modernization of FMVSS 103 and FMVSS 104 to accommodate ADS	2127-AM71
NHTSA	Proposed Rule	Modernization of FMVSS 102 to accommodate ADS	2127-AM72
NHTSA	Proposed Rule	Uniform Procedures for State Highway Safety Grant Programs	2127-AM73
NHTSA	Proposed Rule	Corporate Average Fuel Economy Standards Amendment	2127-AM76
NHTSA	Proposed Rule	Response to Petitions for Reconsideration, Seat Belt Warning Systems	2127-AM80
NHTSA	Proposed Rule	Removing Obsolete Directives from Phase-In Reporting Requirements	2127-AM82
NHTSA	Proposed Rule	Removing Obsolete Procedures from the Consumer Assistance to Recycle and Save Act of 2009	2127-AM83
NHTSA	Proposed Rule	Federal Motor Vehicle Safety Standard No. 204; Steering Control Rearward Displacement	2127-AM84
NHTSA	Proposed Rule	Federal 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 Nov	2127-AM85
NHTSA	Proposed Rule	Federal Motor Vehicle Safety Standards No. 206; Door Locks and Door Retention Components	2127-AM86
NHTSA	Proposed Rule	Federal Motor Vehicle Safety Standards No. 207; Seating systems	2127-AM87
NHTSA	Proposed Rule	Federal Motor Vehicle Safety Standard No. 210; Seat Belt Assembly Anchorages	2127-AM88
NHTSA	Proposed Rule	Federal Motor Vehicle Safety Standards No. 214, Side impact protection	2127-AM89
NHTSA	Proposed Rule	Federal 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 Standard	2127-AM90
NHTSA	Proposed Rule	Federal Motor Vehicle Safety Standard No. 217; Bus Emergency Exits and Window Retention and Release	2127-AM91
NHTSA	Proposed Rule	Federal Motor Vehicle Safety Standards No. 222; School Bus Passenger Seating and Crash Protection	2127-AM92
NHTSA	Proposed Rule	Removing Obsolete Regulatory Text From Federal Motor Vehicle Safety Standards No. 301, Fuel System Integrity	2127-AM93
NHTSA	Proposed Rule	Removing Obsolete Regulatory Text From Federal Motor Vehicle Safety Standards No. 303, Fuel System Integrity of Compressed Natural gas Vehicles	2127-AM94
NHTSA	Proposed Rule	Removing Obsolete Regulatory Text From Federal Motor Vehicle Safety Standard No. 304, Compressed Natural Gas Fuel Container Integrity	2127-AM95
NHTSA	Final Rule	Response to Petitions for Reconsideration, Child Restraint Anchorage Systems	2127-AM74
NHTSA	Final Rule	Response to Petitions for Reconsideration, Fuel System Integrity of Hydrogen Vehicles and Compressed Hydrogen Storage System Integrity	2127-AM75
NHTSA	Final Rule	Response to Petitions for Reconsideration, FMVSS No. 210, Seat Belt Anchorages	2127-AM77
NHTSA	Final Rule	Response to Petitions for Reconsideration, Event Data Recorders	2127-AM78
NHTSA	Final Rule	Response to Petitions for Reconsideration, Anti-Ejection Glazing for Bus Portals	2127-AM79
FRA	Proposed Rule	Codification of Longstanding Waivers	2130-AD00
FRA	Proposed Rule	Amendments to Streamline and Modernize Signal and Train Control System Regulations	2130-AD02
FRA	Proposed Rule	Dispatcher Certification	2130-AD03
FRA	Proposed Rule	Signal Employee Certification	2130-AD04
FRA	Proposed Rule	Prosecutorial Discretion of Enforcement Attorneys	2130-AD11
FRA	Proposed Rule	Regulatory Relief to Allow Speeds Up to 45 MPH for Non-Traversable Curbs	2130-AD14
FRA	Proposed Rule	Enhancing Railroad Discretion in Sounding Locomotive Horns at Passenger Stations	2130-AD18
FRA	Proposed Rule	Removal of Unnecessary and Outdated Paperwork Reduction Act References	2130-AD22
FRA	Proposed Rule	Amendments to Brake System Maintenance and Inspection Requirements	2130-AD24
FRA	Proposed Rule	Repealing Certain Bridge Load Capacity Evaluation Requirements	2130-AD28
FRA	Proposed Rule	Qualification and Certification of Locomotive Engineers and Conductors: Incorporation of Longstanding C3RS Waivers	2130-AD32
FRA	Proposed Rule	Regulatory Relief from Locomotive Horn Sounding Pattern at Public Highway-Rail Grade Crossings	2130-AD39
FRA	Proposed Rule	Repealing Outdated Railroad Workplace Safety Requirements and Making Other Improvements	2130-AD44
FRA	Proposed Rule	Repealing Special Approval Requirement for Freight Cars More Than 50 Years Old	2130-AD46
FRA	Proposed Rule	Repealing a Track Surface Requirement	2130-AD49
FRA	Proposed Rule	Expanding Certain Locomotive Wheel Diameter Variations	2130-AD50
FRA	Proposed Rule	Permitting Use of Virtual Simulation for Periodic Refresher Training on Brake Systems	2130-AD51
FRA	Proposed Rule	Removing Stenciling Requirement for Tourist and Historic Equipment	2130-AD54
FRA	Proposed Rule	Regulatory Relief for End of Car Cushioning Units	2130-AD55
FRA	Proposed Rule	Allowing for the Electronic Posting of Reportable Injuries and Occupational Illnesses	2130-AD57
FRA	Proposed Rule	Miscellaneous Amendments to FRA’s Accident Reporting Requirements	2130-AD58
FRA	Proposed Rule	Retiring Form FRA F 6180.107 and Form FRA F 6180.150	2130-AD59
FRA	Proposed Rule	Miscellaneous Revisions to the Qualification and Certification of Locomotive Engineers	2130-AD60
FRA	Proposed Rule	Miscellaneous Revisions to the Qualification and Certification of Conductors	2130-AD61
FRA	Final Rule	Emergency Breathing Apparatus Standards	2130-AD01
FTA	Proposed Rule	Pre-Award and Post-Delivery Audits of Rolling Stock Purchases	2132-AB50
FTA	Proposed Rule	Rail Transit Roadway Worker Protection	2132-AB57
FTA	Proposed Rule	Public Transportation Safety Certification Training Program	2132-AB58
FTA	Proposed Rule	Project Management Oversight	2132-AB59
FTA	Proposed Rule	Private Investment Project Procedures	2132-AB60
FTA	Proposed Rule	Emergency Relief Program	2132-AB61
MARAD	Proposed Rule	Processing Applications and Licensing Deepwater Ports	2133-AC01
MARAD	Proposed Rule	Seamen’s Claims; Administrative Action and Litigation	2133-AC02
MARAD	Final Rule	Seamen’s Service Awards Technical Update; Gulf of America	2133-AC00
PHMSA	Prerule	Pipeline Safety: Mandatory Regulatory Reviews to Unleash American Energy and Improve Government Efficiency	2137-AF73
PHMSA	Prerule	Hazardous Materials: Mandatory Regulatory Review to Unleash American Energy and Improve Government Efficiency	2137-AF74
PHMSA	Proposed Rule	Hazardous Materials: Harmonization with International Standards	2137-AF75
PHMSA	Proposed Rule	Pipeline Safety: Rationalize Special Permit Conditions	2137-AF81
PHMSA	Proposed Rule	Pipeline Safety: Exception for In-Plant Piping Systems	2137-AF82
PHMSA	Proposed Rule	Pipeline Safety: Codify Enforcement Discretion on Incidental Gathering Lines	2137-AF83
PHMSA	Proposed Rule	Pipeline Safety: Eliminating Burdensome and Duplicative Deadlines for Gas Pipeline Coating Damage Assessments and Remedial Actions	2137-AF84
PHMSA	Proposed Rule	Pipeline Safety: Atmospheric Corrosion Reassessment for Pipeline Replacements	2137-AF85
PHMSA	Proposed Rule	Pipeline Safety: Harmonize Class Change Pressure Test Requirements with Subpart J Pressure Test Requirements	2137-AF86
PHMSA	Proposed Rule	Hazardous Materials: Reducing Burdens on Domestic Aerosol Shippers	2137-AG03
PHMSA	Proposed Rule	Hazardous Materials: Reducing Costs to Domestic Shippers and Carriers of Limited Quantities	2137-AG04
PHMSA	Proposed Rule	Hazardous Materials: Reducing Burdens on Domestic Companies Using Battery-Powered Equipment in Trades	2137-AG05
PHMSA	Proposed Rule	Hazardous Materials: Reducing Burdens to Domestic Carriers	2137-AG06
PHMSA	Proposed Rule	Hazardous Materials: Remove Redundant List of US EPA CERCLA Hazardous Substances	2137-AG07
PHMSA	Proposed Rule	Hazardous Materials: Reducing Burdens by Allowing Continued Use of DOT Special Permit Packaging	2137-AG08
PHMSA	Proposed Rule	Hazardous Materials: Improving Efficiencies for Special Permits and Approvals Renewals	2137-AG09
PHMSA	Proposed Rule	Hazardous Materials: Modernizing Payments to and From Americas Bank Account	2137-AG10
PHMSA	Proposed Rule	Hazardous Materials: Removing Paperwork Burdens on Domestic Motor Carriers	2137-AG11
PHMSA	Proposed Rule	Hazardous Materials: Reduce Training Burdens for American Farmers	2137-AG12
PHMSA	Proposed Rule	Hazardous Materials: Remove Burdensome Outdated Rail Provisions	2137-AG13
PHMSA	Proposed Rule	Hazardous Materials: Adopt DOT Special Permits 12412 and 11646 into the HMR	2137-AG14
PHMSA	Proposed Rule	Hazardous Materials: Adopt DOT Special Permit 21287 into the HMR	2137-AG15
PHMSA	Proposed Rule	Hazardous Materials: Adopt DOT Special Permit 21379 into the HMR	2137-AG16
PHMSA	Proposed Rule	Hazardous Materials: Adopt DOT Special Permit 14175 into the HMR	2137-AG17
PHMSA	Proposed Rule	Hazardous Materials: Adopt DOT Special Permit 21478 into the HMR	2137-AG18
PHMSA	Proposed Rule	Hazardous Materials: Allow Fireworks Certification Agencies to Approve Professional Fireworks	2137-AG19
PHMSA	Final Rule	Pipeline Safety: Editorial Change to Reflect the Name Change of the Gulf of Mexico to the Gulf of America	2137-AF72
PHMSA	Final Rule	Pipeline Safety: Standards Update – API 2026	2137-AF90
PHMSA	Final Rule	Pipeline Safety: Standards Update – ASTM A53/A53M	2137-AF91
PHMSA	Final Rule	Pipeline Safety: Standards Update – ASTM A381/A381M	2137-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.

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Source: https://reason.org/commentary/first-look-at-the-trump-administrations-transportation-regulatory-agenda/