DOT and CBP Issue Airspace, Maritime, and Trucking Regulatory Actions

FAA amends coordinates for four California restricted areas

The Federal Aviation Administration has issued a final rule amending the coordinates used to describe restricted areas R-2505, R-2524, R-2508, and R-2515 in California, effective at 0901 UTC on October 29, 2026. The rule amends 14 CFR part 73. According to the rule, the amendments are administrative in nature and do not expand any outer boundaries, altitudes, times of designation, or activities conducted within the restricted areas — only inner boundaries of subdivided areas are affected.

The FAA explains that it bypassed the normal notice-and-comment process authorized under the Administrative Procedure Act, finding "good cause" that those procedures were "unnecessary" because the action "will not impose any additional substantive restrictions or requirements on the persons affected." The agency characterizes the action as "a routine determination, insignificant in nature and impact, and inconsequential to the industry and to the public," citing Mack Trucks, Inc. v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012). The FAA's authority for the rulemaking derives from Title 49 of the United States Code, Subtitle VII, Part A, Subpart I, Section 40103, under which the agency is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace.

For R-2505, the amended boundary adds intermediate waypoints, including a new vertex at lat. 36°14'00" N, long. 117°36'03" W, and an additional point at lat. 36°08'00" N, long. 117°53'03" W, compared to the prior description. For R-2524, the amended boundary reorders and adds waypoints, including lat. 35°37'45" N, long. 116°55'23" W and lat. 35°27'40" N, long. 117°26'03" W. Comparable coordinate-level revisions apply to R-2508 and R-2515 as well.

CBP establishes four coastal customs-enforcement areas

The Commissioner of U.S. Customs and Border Protection declared the establishment of four Customs-Enforcement Areas (CEAs) effective August 25, 2026, covering near-shore waters off South Florida, Central/Southern California, Puerto Rico, and the Gulf Coast of Texas. The notice states the establishment of these CEAs "is necessary to respond to the continuous and active threats presented by hovering vessels in those areas."

The legal authority for CEAs is the Anti-Smuggling Act of 1935, as amended (19 U.S.C. 1701), which authorizes their designation on the high seas adjacent to U.S. customs waters when vessels are found hovering in proximity to the U.S. coast in a manner that occasions, promotes, or threatens the unlawful introduction or removal of merchandise or persons. The statute limits CEA boundaries to no more than 100 nautical miles in either direction from the area where hovering vessels are present, and no more than 50 nautical miles outward from the outer limit of customs waters. Although the Anti-Smuggling Act originally vested this authority in the President, Executive Order 10289 delegated it to the Secretary of the Treasury, and it was subsequently transferred to the CBP Commissioner under the Homeland Security Act of 2002.

Within the designated CEAs, the notice authorizes customs officers and agents to enforce applicable U.S. laws, including the authority to board vessels, examine vessels, merchandise, and persons on board, bring vessels into port, and pursue, seize, and arrest individuals.

FMCSA opens comment periods on two information-collection renewals

The Federal Motor Carrier Safety Administration is seeking public comment on two separate information-collection renewal requests, both with a comment deadline of October 26, 2026.

The first involves the Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-5872. According to the notice, this voluntary form may be used by certified medical examiners responsible for issuing Medical Examiner's Certificates (Form MCSA-5876) to individuals diagnosed with non-insulin-treated diabetes mellitus who operate commercial motor vehicles (CMVs). The notice explains that the form facilitates communication between medical examiners and treating healthcare providers who manage diabetes care, helping examiners determine whether an individual meets FMCSA's physical qualification standards under 49 CFR part 391, subpart E. The docket number for this proceeding is FMCSA-2026-1783.

The second renewal covers Emergency Exemptions Under 49 CFR 390.25 (OMB Control No. 2126-0077), which is currently set to expire January 31, 2027. The notice explains that 49 CFR 390.23 automatically creates a 14-day exemption from hours-of-service regulations when a Governor or FMCSA issues an emergency declaration and a motor carrier or driver provides direct assistance to supplement state and local emergency relief efforts. Section 390.25 then provides a mechanism for individuals, motor carriers, or states to request in writing an extension or modification of that exemption; Section 390.25(b) further allows FMCSA to impose reporting requirements on those operating under an extended or modified exemption. The notice states the ICR estimates 25 extension and modification requests per year, with an estimated time per response of 15 minutes and an estimated total annual burden of 1,437. The docket number is FMCSA-2026-2476. FMCSA states the ICR supports the DOT strategic goal of safety and organizational excellence by ensuring exemptions are limited to those necessary to support immediate direct assistance in the wake of an emergency declaration.

Beautifying Transportation Infrastructure Council to meet September 30

The Office of the Secretary of Transportation announced a public virtual meeting of the Beautifying Transportation Infrastructure Council on September 30, 2026, beginning at 10:00 p.m. EST and ending at 4:00 p.m. EST, with the notice stating exact times are subject to change. The Council was established as a Federal Advisory Committee under the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C. Ch. 10) to advise the Secretary of Transportation on enhancing the aesthetic value of the nation's transportation systems. The Council provides recommendations on policies, designs, and funding priorities that beautify transportation infrastructure, including highways, bridges, and transit hubs, while maintaining safety and efficiency. The proposed agenda covers the Call to Order, Official Statement of the Designated Federal Officer, Meeting Logistics, Opening Remarks, Committee Business, and Review of Next Steps. Members of the public wishing to submit advance comments or request electronic meeting accommodations must do so no later than September 24, 2026.

What to watch

• September 24, 2026 — Deadline for advance public comment submissions and accommodation requests for the Beautifying Transportation Infrastructure Council virtual meeting.
• September 30, 2026 — Beautifying Transportation Infrastructure Council public virtual meeting (10:00 p.m.–4:00 p.m. EST; times subject to change).
• October 26, 2026 — Comment deadline for both FMCSA information-collection renewal notices: the MCSA-5872 diabetes assessment form (docket FMCSA-2026-1783) and the 49 CFR 390.25 emergency exemptions renewal (docket FMCSA-2026-2476).
• October 29, 2026 (0901 UTC) — FAA final rule amending coordinates for restricted areas R-2505, R-2524, R-2508, and R-2515 in California takes effect.

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