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Agency Rulemaking Highlights
Notable ActionsCorporate Average Fuel Economy Standards
The National Highway Traffic Safety Administration (NHTSA) issued a final rule establishing new Corporate Average Fuel Economy (CAFE) standards for passenger cars and light trucks for model years (MYs) 2027-31 and finalizing fuel efficiency standards for heavy-duty pickup trucks and vans for MYs 2030-35. The CAFE standards increase at a rate of 2 percent per year for passenger cars in MYs 2027-31 and 2 percent per year for light trucks in MYs 2029-31. For heavy-duty pickup trucks and vans, NHTSA’s fuel efficiency standards will increase at a rate of 10 percent per year for MYs 2030-32 and 8 percent per year for MYs 2033-35. Effective August 23.
Removal of Affirmative Defense Provisions from NSPS and NESHAP
The Environmental Protection Agency (EPA) issued a proposed rule that would remove the affirmative defense provisions associated with violation of emissions standards from several New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP). EPA issued this proposal in response to a D.C. Circuit Court ruling that vacated affirmative defense provisions in one of the agency’s Clean Air Act regulations. Comments due August 8.
Prevailing Wage and Apprenticeship Tax Credit
The Internal Revenue Service issued a final rule to increase tax credit or deduction amounts available for taxpayers that satisfy prevailing wage and registered apprenticeship (PWA) requirements established by the Inflation Reduction Act. The rule will also address specific PWA recordkeeping and reporting requirements. Effective August 26.
Train Consist Information for Hazardous Materials
The Department of Transportation issued a final rule that will require railroads carrying hazardous materials to generate and provide to first responders, emergency response officials, and law enforcement personnel information regarding hazardous materials in rail transportation. The rule aims to enhance emergency response and investigative efforts. Effective July 24.
Enforcement of Copyrights
Customs and Border Protection (CBP) and the Department of the Treasury issued a final rule to amend CBP regulations pertaining to the importation of merchandise that may violate copyright laws, including the Digital Millennium Copyright Act. The rule will simplify the detention process related to suspected copyright violations and clarify existing CBP post-seizure procedures. Effective August 23.
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