[Federal Register Volume 91, Number 50 (Monday, March 16, 2026)]
[Proposed Rules]
[Pages 12537-12545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-05023]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2026-0629]
RIN 2127-AM71
Federal Motor Vehicle Safety Standards; Modernization of FMVSS
No. 103 and FMVSS No. 104 To Accommodate ADS-Equipped Vehicles;
Incorporation by Reference
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking.
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SUMMARY: NHTSA is proposing to amend Federal Motor Vehicle Safety
Standards (FMVSS) No. 103, ``Windshield defrosting and defogging
systems,'' and FMVSS No. 104, ``Windshield wiping and washing
systems.'' The proposed modifications would except vehicles equipped
with Automated Driving Systems (ADS) that do not have manually operated
driving controls from these standards. This rulemaking would remove
unnecessary regulatory burdens and costs associated with systems
intended to provide visibility for a person driving the vehicle. As
these systems do not fulfill the same safety need on an ADS-equipped
vehicle without manually operated driving controls, the proposed
changes are not expected to have adverse safety effects. Manufacturers
may still provide these systems if they choose to do so. These actions
are part of a larger NHTSA effort to address vehicle automation in the
agency's regulations. This proposal would also harmonize FMVSS Nos. 103
and 104 with current industry standards through incorporations by
reference.
DATES: Comments should be submitted no later than April 15, 2026.
Proposed Effective Date: Vehicles manufactured 180 days after the
publication date of the final rule.
ADDRESSES: You may submit comments identified by the docket number in
the heading of this document or by any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the instructions for submitting comments on the electronic
docket site by clicking on ``Help'' or ``FAQ.''
Mail or Hand Delivery: Docket Management Facility. U.S.
Department of Transportation. 1200 New Jersey Avenue SE, West Building,
Suite W58-213, Washington, DC 20590 between 9 a.m. and 5 p.m. Eastern
Time, Monday through Friday, except Federal Holidays. To be sure
someone is there to help you, please call (202) 366-9826 or (202) 366-
9317 before coming.
Fax: 202-493-2251.
Instructions: All submissions must include the agency name and
docket number or Regulatory Information Number (RIN) for this
rulemaking. Note that all comments received will be posted without
change to www.regulations.gov, including any personal information
provided. Please see the Privacy Act discussion below. We will consider
all comments received before the close of business on the comment
closing date indicated above. To the extent possible, we will also
consider comments filed after the closing date.
Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov at any time or to 1200 New
Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington,
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal Holidays. Telephone: 202-366-9826.
Confidential Business Information: If you claim that any of the
information in your comment (including any additional documents or
attachments) constitutes confidential business information within the
meaning of 5 U.S.C. 552(b)(4) or is protected from disclosure pursuant
to 18 U.S.C. 1905, please see the detailed instructions given under the
[[Page 12538]]
Public Participation heading of the SUPPLEMENTARY INFORMATION section
of this document.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to inform its decision-making process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy. To facilitate comment tracking and
response, we encourage commenters to provide their name, or the name of
their organization; however, submission of names is completely
optional. Regardless of whether commenters identify themselves, all
timely comments will be considered fully.
FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact
Ms. Lina Valivullah, Office of Automation Safety; Telephone: 202-366-
1810; Email: [email protected]; Facsimile: 202-493-2739. For
legal issues, you may contact Mr. David Jasinski, NHTSA Office of the
Chief Counsel, Email: [email protected]. The mailing address of
these officials is: National Highway Traffic Safety Administration,
1200 New Jersey Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
III. Proposed Changes
A. Excepting ADS-Equipped Vehicles Without Manually Operated
Driving Controls From FMVSS Nos. 103 and 104
B. Updating and Harmonizing FMVSS Nos. 103 and 104
1. FMVSS No. 103
2. FMVSS No. 104
a. Definitions
b. Requirements
IV. Request for Comment
V. Rulemaking Analyses and Notices
VI. Public Participation
I. Executive Summary
This rulemaking focuses on vehicles equipped with Automated Driving
Systems (ADS) that do not have manually operated driving controls.
These vehicles currently are not available for consumer purchase;
however, there is considerable investment into the safe testing,
development, and validation of these vehicles, as well as localized
deployment by manufacturers and rideshare operators. Vehicle automation
technology has the potential to reduce roadway crashes and fatalities
while increasing mobility. As the technology is still maturing, and
many of the potential benefits are yet to be realized, NHTSA is
engaging in a process to remove unnecessary barriers to technological
innovation while ensuring motor vehicle safety is not compromised.
NHTSA seeks to address the application of certain existing crash
avoidance standards to ADS-equipped vehicles without manually operated
driving controls. In this document, NHTSA proposes to amend Federal
Motor Vehicle Safety Standard (FMVSS) No. 103, ``Windshield defrosting
and defogging systems,'' and FMVSS No. 104, ``Windshield wiping and
washing systems.'' The proposed modifications would except vehicles
without manually operated driving controls from these standards. This
rulemaking would remove the regulatory burdens and costs of systems
unnecessary for an ADS-equipped vehicle without manually operated
driving controls with no negative impact to vehicle safety. These
actions are part of a larger NHTSA effort to address vehicle automation
in the agency's regulations.
This notice further proposes to harmonize FMVSS Nos. 103 and 104
with current industry standards through updated incorporations by
reference. These proposed updates are unrelated to the proposed
exceptions for ADS-equipped vehicles without manually operated driving
controls. If all proposed changes to FMVSS Nos. 103 and 104 in this
NPRM are finalized, updated requirements will apply to passenger cars,
multipurpose passenger vehicles, trucks, and buses. However, vehicles
without manually operated driving controls will be excepted from the
standards.
II. Background
This proposed rule addresses ADS-equipped vehicles that do not have
manually operated driving controls. An ADS commonly is considered to be
a combination of hardware and software that can perform all real-time
operational and tactical functions required to operate a vehicle on a
sustained basis.\1\ These functions traditionally are performed by a
person using manually operated driving controls. As defined in 49 CFR
571.3 and used throughout this document, manually operated driving
controls means a system of controls: (i) used by an occupant for real-
time, sustained, manual manipulation of the motor vehicle's heading
(steering) and/or speed (accelerator and brake); and (ii) positioned
such that they can be used by an occupant, regardless of whether the
occupant is actively using the system to manipulate the vehicle's
motion. In an ADS-equipped vehicle designed to be operated only by an
ADS, manually operated driving controls may not be necessary.
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\1\ See, e.g., SAE, Taxonomy and Definitions for Terms Related
to Driving Automation Systems for On-Road Motor Vehicles,
J3016_202104 (April 30, 2021), available at https://www.sae.org/standards/content/j3016_202104/; Tex. Transp. Code Sec. 545.451.
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NHTSA has published prior Federal Register notices requesting
comment, proposing changes, and updating existing regulations to
address vehicle automation. These notices include a Request for Comment
(RFC), ``Removing Regulatory Barriers for Vehicles with Automated
Driving Systems,'' published on February 13, 2018,\2\ and a subsequent
Advance Notice of Proposed Rulemaking (ANPRM) with the same title
published on May 28, 2019.\3\ The RFC posed questions about identifying
and addressing regulatory barriers for vehicles that lack traditional
manual controls or have unconventional seating. The ANPRM focused on
the challenges of testing and verifying compliance for vehicles without
traditional manual controls. A separate NPRM, ``Occupant Protection for
Automated Driving Systems,'' \4\ was published in 2020, with the
corresponding Final Rule, ``Occupant Protection for Vehicles with
Automated Driving Systems,'' published on March 30, 2022.\5\ The
rulemaking focused on crashworthiness standards for ADS-equipped
vehicles without manual driving controls, revising definitions and
updating occupant protection standards to exclude vehicles specifically
designed not to contain any occupants. The 2022 Final Rule also
established the definition in 49 CFR 571.3 for manually operated
driving controls. On December 3, 2020, NHTSA published an ANPRM titled,
``Framework for Automated Driving Systems,'' to discuss and request
comment on the manner in which the agency would define, assess, and
manage objectively the safety of ADS performance while ensuring the
needed flexibility to enable further innovation.\6\ The ANPRM included
recognition of a phased approach to addressing ADS safety, including
NHTSA's modernization of the FMVSS for ADS-equipped vehicles without
traditional manual driving controls.
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\2\ 83 FR 6148.
\3\ 84 FR 24433.
\4\ 85 FR 17624.
\5\ 87 FR 18560.
\6\ 85 FR 78058.
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NHTSA proposes exceptions to existing requirements for ADS-equipped
[[Page 12539]]
vehicles that do not contain manually operated driving controls and
therefore cannot be driven by a person in the vehicle. ADS-equipped
vehicles without manually operated driving controls currently face
regulatory barriers presented by requirements related to manual
controls unnecessary for operation of the vehicle by the ADS. While
vehicles not intended to be driven manually may not have manually
operated driving controls, others may have manually operated driving
controls if converted from a conventional vehicle or if equipped with
controls for specialized use. NHTSA maintains that any vehicle equipped
with manually operated driving controls must continue to meet all
existing safety requirements, regardless of whether the vehicle is
equipped with an ADS.
III. Proposed Changes
A. Excepting ADS-Equipped Vehicles Without Manually Operated Driving
Controls From FMVSS Nos. 103 and 104
Background
FMVSS No. 103, ``Windshield defrosting and defogging systems,'' was
established to specify requirements for providing the driver visibility
through the vehicle windshield during frosting and fogging
conditions.\7\ It requires that passenger cars, multipurpose passenger
vehicles, trucks, and buses each have a windshield defrosting and
defogging system. FMVSS No. 104, ``Windshield wiping and washing
systems,'' specifies requirements for windshield wiping and washing
systems for the same purpose of providing the driver visibility through
the vehicle windshield. It requires vehicles to have a power-driven
windshield wiping system that clears portions of the windshield at
regular intervals.
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\7\ 32 FR 2408.
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Proposal
These standards contain requirements to ensure driver forward
visibility in a variety of operating conditions. FMVSS Nos. 103 and 104
are both premised on the assumption that a person needs an unobstructed
view through the windshield to safely operate the vehicle and were
designed to meet this safety need. NHTSA is proposing to amend FMVSS
Nos. 103 and 104 to address the application of the standards to ADS-
equipped vehicles without manually operated driving controls.
Specifically, language would be added to the application section in
each standard to except vehicles without manually operated driving
controls from the standard. The standards would still apply to vehicles
with manually operated driving controls, regardless of the presence of
an ADS.
Excepting ADS-equipped vehicles without manually operated driving
controls from FMVSS Nos. 103 and 104 is not expected to have
substantive adverse safety effects, as the standards are intended to
provide visibility for a person driving the vehicle. Without an
explicit safety need, NHTSA tentatively finds it impracticable to
subject ADS-equipped vehicles without manually operated driving
controls to these standards. Manufacturers may still find it
appropriate to install windshield defrosting, defogging, wiping, and
washing systems for reasons such as passenger visibility, awareness,
comfort, and convenience, though there would be no obligation for the
systems to meet the FMVSS performance requirements. Manufacturers may
also elect to utilize alternative windshield clearing systems or
alternative means of providing exterior visibility or information about
the outside world to occupants (e.g., utilizing cameras already
installed on the vehicle to provide visibility through screens). NHTSA
anticipates that this proposal could lead to reduced regulatory costs
from reduced components and labor.
While the proposal would relieve certain vehicles from meeting the
requirements of FMVSS Nos. 103 and 104, manufacturers of ADS equipment
and ADS-equipped vehicles would still be responsible for ensuring that
ADS-equipped vehicles are free of unreasonable safety risks. An ADS
incorporates sensors to monitor the vehicle surroundings. Failure to
monitor ADS sensor performance and to clear sensor obstructions to
maintain functionality could constitute a vehicle safety defect.
Similarly, a manufacturer would be expected to provide a means for safe
occupant egress, through visibility to the outside world or other means
(e.g., utilizing sensors on the vehicle to identify and warn departing
occupants of hazards). NHTSA requests comment regarding unintended
safety implications not addressed in the proposal.
B. Updating and Harmonizing FMVSS Nos. 103 and 104 Test Procedures
1. FMVSS No. 103
Background
FMVSS No. 103 specifies performance requirements and test
procedures for passenger car windshield defrosting and defogging
systems, incorporating by reference SAE Recommended Practices J902
(1964) and J902a (1967), ``Passenger Car Windshield Defrosting
Systems.'' The FMVSS allows use of the test procedure in either J902
(1964) or J902a (1967), as the differences are minor and the FMVSS
specifies additional parameters and modifications to the SAE test
procedures. FMVSS No. 103 also uses areas of the windshield defined in
FMVSS No. 104, ``Windshield Wiping and Washing Systems,'' for the
windshield clearing requirements, rather than the areas specified by
the SAE Recommended Practices.
The SAE Recommended Practice J902 (2025), ``Passenger Vehicle
Windshield Demisting and Defrosting Systems,'' has been updated to
clarify the requirements, address different vehicle propulsion systems,
and include the additional specifications of FMVSS No. 103. The primary
differences between the specifications currently incorporated by
reference and those of the 2025 SAE Recommended Practice are the
temperature range, the minimum percent area to be defrosted, and the
time intervals. The temperature range for the test changed from [-18
[deg]C 3 [deg]C] to [-18 [deg]C + 3 [deg]C/-10 [deg]C].
The SAE-specified minimum percentages of the windshield to be defrosted
were originally 80% of ``the critical area'' after 20 minutes and 95%
of ``the entire windshield'' after 40 minutes. FMVSS No. 103
substitutes Area C for ``the critical area'' and Area A for ``the
entire windshield.'' The current J902 (2025) uses the Area C and Area A
as in FMVSS No. 103 and summarily updates percentage and time as
follows: 100% of Area C and 80% of Area A shall be defrosted after 30
minutes.
Proposal
The current version of SAE J902 (2025) incorporates the additional
test method specifications from FMVSS No. 103, sections S4.3 (a)
through (h), noting where the requirements are specific to the FMVSS.
NHTSA believes that vehicle manufacturers are already referencing the
updated industry standard to ensure that their vehicles meet the
requirements of FMVSS No. 103. Updating FMVSS No. 103 to incorporate by
reference the current SAE J902 (2025) rather than the historic 1964 and
1967 versions will streamline and harmonize the standard with the
industry best practices.
For these reasons, NHTSA proposes modifying the requirements in S4
of FMVSS No. 103 as follows. In S4.2, SAE Recommended Practice J902
(2025) would replace J902 (1964), and the windshield areas A and C
would be those established in accordance with FMVSS No. 104. For the
demonstration procedure in S4.3, SAE Recommended
[[Page 12540]]
Practice J902 (2025) would replace J902 (1964) and J902a (1967). As the
current SAE industry standard has incorporated the parameters of the
existing FMVSS No. 103, the remainder of S4.3 would no longer be
necessary and could be removed to simplify the standard without
changing the requirements. NHTSA seeks comment on these proposed
changes.
2. FMVSS No. 104
a. Definitions
Background
FMVSS No. 104 provides definitions for daylight opening, glazing
surface reference line, overall width, plan view reference line,
shoulder room dimension, and 95 percent eye range contour. These
definitions incorporate by reference section E, ``Ground Vehicle
Practice,'' of SAE Aerospace-Automotive Drawing Standards (1963), SAE
Recommended Practice J903a (1966), and SAE Recommended Practice J941
(1965).
Proposal
NHTSA believes it is appropriate to update FMVSS No. 104 by
removing extraneous information and updating the matter incorporated by
reference. While glazing surface reference line, plan view reference
line, shoulder room dimension, and 95 percent eye range contour are
currently defined in FMVSS No. 104, these terms are not used within the
standard, so NHTSA proposes to remove these unused definitions. NHTSA
also intends to simplify the definitions of daylight opening and
overall width.
Daylight opening is defined in FMVSS No. 104 as ``the maximum
unobstructed opening through the glazing surface, as defined in
paragraph 2.3.12 of section E, ``Ground Vehicle Practice,'' of SAE
Aerospace-Automotive Drawing Standards (1963).'' In modernizing FMVSS
No. 104, NHTSA proposes to remove this historical reference. NHTSA
believes that it is unnecessary to provide an updated reference in this
instance because the definition of daylight opening is in accordance
with general use. NHTSA also proposes to simplify the definition of
overall width by stating that it means the same as overall vehicle
width, which is already defined in Sec. 571.3; additional references
and further definition are unnecessary.
b. Requirements
Background
FMVSS No. 104 incorporates by reference the test procedures from
SAE Recommended Practice J903a (1966) for windshield wiper systems and
SAE Recommended Practice J942 (1965) for windshield washer systems. For
passenger vehicles, the FMVSS requirements state the percent area that
must be cleared by the wipers within certain zones of the windshield
when tested per the SAE procedures. These zones or areas of the
windshield are defined within FMVSS No. 104, using the location of the
driver's seat to infer the viewing angles of the driver. Specifically,
referencing SAE Recommended Practice J903a (1966) in combination with
the driver eye range contour specified in SAE Recommended Practice J941
(1965), FMVSS No. 104 establishes Areas A, B, and C of the vehicle
windshield. Each area is defined using angles left, right, up, and down
from the presumed location of the driver's eyes. Slightly greater
angles are specified for larger vehicle widths. The standard states the
minimum percent of each area (A, B, C) that must be wiped by the
windshield wiping system when tested wet in accordance with SAE
Recommended Practice J903a (1966). FMVSS No. 104 also requires vehicles
to have a windshield washing system that meets the requirements of SAE
Recommended Practice J942 (1965), with minor modifications.
Proposal
NHTSA proposes to modernize FMVSS No. 104 by updating which
versions of industry standards are incorporated by reference. NHTSA is
not proposing to change the wiping frequency requirements or wiped area
tables specified in subsection S4.1 of FMVSS No. 104.
SAE Recommended Practice J903 (2024) is the most recent version of
the industry standard for ground vehicle windshield wiper systems. The
windshield wiping system test specifications in SAE Recommended
Practice J903 (2024) are not significantly different from those in the
currently referenced SAE Recommended Practice J903a (1966). Within SAE
J903 (2024), the 95th percentile tangent cutoff eyellipse of SAE
Recommended Practice J941 (2010) is used for eye range. The eyellipse
terminology and values in SAE Recommended Practice J941 (2010) are not
identical to those in SAE J941 (1965). However, the industry standard
was updated over time to better represent the driving population. NHTSA
believes it is appropriate to use the most recent calculations. For
these reasons, NHTSA proposes to replace the original SAE J903a (1966)
incorporated by reference with the current SAE Recommended Practice
J903 (2024).
For the windshield washing test, the procedure in SAE J942 has
changed significantly. The original SAE J942 (1965) procedure involved
applying a mixture of fine grade test dust and water (in a 1:2 ratio by
volume) and evaluating the washer system within 15 seconds of
application. The current SAE J942 (1999) specifies applying a mixture
of 92.5% tap water, 5% saturated salt water, and 2.5% coarse grade test
dust by volume and allowing it to dry completely before wiping. The
specified windshield areas must be cleared within 5 wiper cycles,
rather than the previous 10 cycles, and the minimum wash areas have
changed. To modernize the FMVSS, NHTSA proposes to incorporate by
reference SAE J942 (1999) in place of the 1965 version, and requests
comment on the effects of this change. Comments providing supporting
data, e.g. test data from both the historical and updated SAE
windshield washing procedures for comparison.
IV. Request for Comment
NHTSA seeks public comment on the proposed changes to except
vehicles without manually operated driver controls from the application
of the standards and the revised test procedures it plans to
incorporate by reference. The revised test procedures in the SAE
Recommended Practices are believed to be in practice by manufacturers
currently, and NHTSA has proposed an effective date 180 days after
publication of any final rule; comments on the suitability of this
effective date are requested.
V. Rulemaking Analyses and Notices
Executive Order (E.O.) 12866, E.O. 14192, and E.O. 14219
NHTSA has considered the impact of this rulemaking action under
Executive Orders 12866, 14192, and 14219. This proposed rule does not
meet the criteria of a ``significant regulatory action'' under
Executive Order 12866. Therefore, the Office of Management and Budget
(OMB) has not reviewed this proposed rule under those orders. This
proposed rule, if finalized as proposed, is expected to be an E.O.
14192 deregulatory action because it removes an unnecessary regulatory
burden. At this stage, the agency has not quantified any potential
benefits or costs. For this rule, NHTSA does not anticipate any new
regulatory costs, as it would remove unnecessary requirements without
adding any new requirements. NHTSA does not anticipate any safety
disbenefits since, as discussed above, the standards at issue here do
not fulfill the same safety need for ADS-equipped vehicles without
manually operated
[[Page 12541]]
driving controls. The benefits to this rule would be reduced compliance
costs. However, given the still-developing nature of this market, NHTSA
cannot quantify the number of vehicles that may be affected by this
proposed rule. Though NHTSA could seek to quantify compliance costs on
a per-vehicle basis, any estimate based on traditional vehicle
configurations may not be accurate, given the different design and
nature of ADS-equipped vehicles without manually operated driving
controls. NHTSA requests comment on these assumptions, including any
information that could help quantify their impacts in the final rule.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) (as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996; 5 U.S.C. 601 et seq.), agencies must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rulemaking on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
No regulatory flexibility analysis is required, however, if the head of
an agency or an appropriate designee certifies that the rulemaking will
not have a significant economic impact on a substantial number of small
entities. NHTSA has concluded and hereby certifies that this proposed
rule will not have a significant economic impact on a substantial
number of small entities. As the factual basis for this certification,
NHTSA finds as follows: As described elsewhere in the preamble, NHTSA
proposes to remove unnecessary regulatory burdens and costs associated
with windshield defrosting and defogging systems and windshield wiping
and washing systems unnecessary for an ADS-equipped vehicle without
manually operated driving controls, with no negative impact to vehicle
safety.
National Environmental Policy Act
The Department has analyzed the environmental impacts of this
notice of proposed rulemaking pursuant to the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). Pursuant to 49 CFR
1.81, the Secretary has delegated the ``functions'' under NEPA to the
Administrators ``as they relate to the matters within the primary
responsibility of each Operating Administration.'' NHTSA has determined
that this rule is categorically excluded pursuant to 23 CFR
771.118(c)(4). Categorical exclusions are actions identified in an
agency's NEPA procedures that do not normally have a significant impact
on the environment and therefore do not require either an environmental
assessment (EA) or environmental impact statement (EIS). See DOT Order
5610.1D Sec. 9. In analyzing the applicability of a categorical
exclusion, the agency must also consider whether extraordinary
circumstances are present that would warrant the preparation of an EA
or EIS. Id. at Sec. 9(b). The Department's Operating Administrations
(OAs) may apply CEs established in another OA's procedures. Id. at
Sec. 9(f). To do so, the Operating Administration ``must evaluate the
action for extraordinary circumstances identified in the OA procedures
in which the CE is established to determine if a normally excluded
action may have a significant impact and coordinate with the
originating OA to ensure that the CE is being applied correctly.'' Id.
This rulemaking, which proposes to amend FMVSSs No. 103 and No. 104,
``Windshield defrosting and defogging systems'' and ``Windshield wiping
and washing systems,'' to except vehicles equipped with ADS that do not
have manually operated driving controls from these standards, is
categorically excluded pursuant to 23 CFR 771.118(c)(4): Planning and
administrative activities not involving or leading directly to
construction, such as: Training, technical assistance and research;
promulgation of rules, regulations, directives, or program guidance;
approval of project concepts; engineering; and operating assistance to
transit authorities to continue existing service or increase service to
meet routine demand. NHTSA has coordinated with the Federal Transit
Administration to ensure that this CE is being applied correctly. NHTSA
does not anticipate any environmental impacts, and there are no
extraordinary circumstances present in connection with this rulemaking.
Promoting International Regulatory Cooperation
The policy statement in section 1 of Executive Order 13609 provides
that the regulatory approaches taken by foreign governments may differ
from those taken by the United States to address similar issues, and
that in some cases the differences between them might not be necessary
and might impair the ability of American businesses to export and
compete internationally. It further recognizes that in meeting shared
challenges involving health, safety, and other issues, international
regulatory cooperation can identify approaches that are at least as
protective as those that are or would be adopted in the absence of such
cooperation and can reduce, eliminate, or prevent unnecessary
differences in regulatory requirements.
In addition, section 24211 of the Infrastructure, Investment, and
Jobs Act (Pub. L. 117-58), Global Harmonization, provides that DOT
``shall cooperate, to the maximum extent practicable, with foreign
governments, nongovernmental stakeholder groups, the motor vehicle
industry, and consumer groups with respect to global harmonization of
vehicle regulations as a means for improving motor vehicle safety.''
\8\ In this NPRM, the agency is proposing to harmonize with industry
standards recognized globally as best practices; therefore, this
proposal does not implicate any issues regarding international
regulatory cooperation.
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\8\ H.R. 3684 (117th Congress) (2021).
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Executive Order 13132 (Federalism)
NHTSA has examined this rule pursuant to Executive Order 13132 (64
FR 43255, August 10, 1999) and has tentatively concluded that no
additional consultation with States, local governments, or their
representatives is mandated beyond the rulemaking process. The agency
has tentatively concluded that this rule does not have sufficient
federalism implications to warrant consultation with State and local
officials or the preparation of a federalism summary impact statement.
NHTSA expects that this rule, if adopted, would not have ``substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
NHTSA rules can have a preemptive effect in two ways. First, the
National Traffic and Motor Vehicle Safety Act contains an express
preemption provision: When a motor vehicle safety standard is in effect
under this chapter, a State or a political subdivision of a State may
prescribe or continue in effect a standard applicable to the same
aspect of performance of a motor vehicle or motor vehicle equipment
only if the standard is identical to the standard prescribed under this
chapter. 49 U.S.C. 30103(b)(1). It is this statutory command by
Congress that preempts any non-identical State legislative and
administrative law addressing the same aspect of performance. NHTSA is
not aware of any State motor vehicle equipment or inspection laws or
regulations that require ADS-equipped
[[Page 12542]]
vehicles to be equipped with windshield wiping, washing, and defrosting
systems that clear an area intended to accommodate the vision of a
human operator relying on manual controls. However, NHTSA seeks comment
on whether any such State requirements exist that would be preempted by
this rule, if adopted.
The express preemption provision described above is subject to a
savings clause under which compliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person from
liability at common law. 49 U.S.C. 30103(e). Pursuant to this
provision, State common law tort causes of action against motor vehicle
manufacturers that might otherwise be preempted by the express
preemption provision generally are preserved.
NHTSA rules can also preempt State law if complying with the FMVSS
would render the motor vehicle manufacturers liable under State tort
law. Because most NHTSA standards established by an FMVSS are minimum
standards, a State common law tort cause of action that seeks to impose
a higher standard on motor vehicle manufacturers generally will not be
preempted. If and when such a conflict does exist--for example, when
the standard at issue is both a minimum and a maximum standard--the
State common law tort cause of action is impliedly preempted. See Geier
v. American Honda Motor Co., 529 U.S. 861 (2000).
Pursuant to Executive Orders 13132 and 12988, NHTSA has considered
whether this proposed rule would preempt State common law causes of
action. The agency's ability to announce its conclusion regarding the
preemptive effect of one of its rules reduces the likelihood that
preemption will be an issue in any subsequent tort litigation. This
rule addresses the application to vehicles without manual driving
controls of requirements that a specified area of the windshield be
cleared by a windshield wiping, washing, and defrosting to ensure
visibility by a human driver, which do not serve a safety purpose for
ADS-equipped vehicles that do not have manual driving controls. NHTSA
believes that this change will have no effect on safety. Thus, NHTSA
tentatively concludes that no conflict with State common law tort
actions would occur. Without any conflict, there could not be any
implied preemption of a State common law tort cause of action. NHTSA
also seeks comment on this tentative conclusion.
Executive Order 12988 (Civil Justice Reform)
With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729; Feb. 7, 1996), requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) specifies
whether administrative proceedings are to be required before parties
file suit in court; (6) adequately defines key terms; and (7) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General. This document is
consistent with these requirements.
Pursuant to this Order, NHTSA notes as follows. The issue of
preemption is discussed above. NHTSA notes further that there is no
requirement that individuals submit a petition for reconsideration or
pursue other administrative proceedings before they may file suit in
court. In addition, the rule provides a clear legal standard for
compliance and updates to the most current industry standards, while
promoting simplification and burden reduction by excepting vehicles
without manual controls from the requirements without any reduction in
safety.
Privacy Act
Please note that anyone is able to search the electronic form of
all comments received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). For
information on DOT's compliance with the Privacy Act, see
www.transportation.gov/privacy.
Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA),
Public Law 104-4, requires Federal agencies to prepare a written
assessment of the costs, benefits, and other effects of proposed or
final rules that include a Federal mandate likely to result in the
expenditure by State, local, or tribal governments, in the aggregate,
or by the private sector, of more than $100 million annually (adjusted
for inflation with base year of 1995). Adjusting this amount by the
implicit gross domestic product price deflator for the year 2024
results in $187million (125.224/66.937 = 1.87). This NPRM would not
result in a cost of $187 million or more to either State, local, or
tribal governments, in the aggregate, or the private sector. Thus, this
NPRM is not subject to the requirements of sections 202 of the UMRA.
Severability
The issue of severability of FMVSSs is addressed in 49 CFR 571.9.
It provides that if any FMVSS or its application to any person or
circumstance is held invalid, the remainder of the part and the
application of that standard to other persons or circumstances is
unaffected. Comments are requested on the severability of these
proposed FMVSS changes.
Incorporation by Reference
Under regulations issued by the Office of the Federal Register (1
CFR 51.5(a)), an agency, as part of a proposed rule that includes
material incorporated by reference, must summarize the material that it
plans to incorporate by reference and discuss the ways the material is
reasonably available to interested parties or how the agency worked to
make materials available to interested parties.
In this NPRM, NHTSA is proposing to incorporate by reference three
documents into the Code of Federal Regulations.
The first document is SAE Recommended Practice J902 (2025),
``Passenger Vehicle Windshield Demisting and Defrosting Systems,''
replacing SAE Recommended Practices J902 (1964), ``Passenger Car
Windshield Defrosting Systems,'' and J902a (1967), ``Passenger Car
Windshield Defrosting Systems,'' incorporated by reference into FMVSS
No. 103. The SAE Recommended Practices J902 (2025), J902 (1964), and
J902a (1967) contain specifications for test procedures for windshield
defrosting.
The second document is SAE Recommended Practice J903 (2024),
``Ground Vehicle Windshield Wiper Systems,'' replacing SAE Recommended
Practice J903a (1966), ``Passenger Car Windshield Wiper Systems,''
incorporated by reference into FMVSS No. 104. This standard contains
test procedures for windshield wiper systems.
The third document is SAE Recommended Practice J942 (1999),
``Passenger Car Windshield Washer Systems,'' replacing SAE Recommended
Practice J942 (1965), ``Passenger Car Windshield Washer Systems,''
incorporated by reference into FMVSS No. 104. This standard establishes
test
[[Page 12543]]
procedures for windshield washer systems.
All three documents would be incorporated by reference as
replacements for outdated versions of the recommended practices. The
SAE materials are available for review at NHTSA's headquarters in
Washington, DC and are available from SAE.\9\
---------------------------------------------------------------------------
\9\ SAE Recommended Practices may be purchased online at https://www.sae.org.
---------------------------------------------------------------------------
NHTSA is proposing to remove the incorporation by reference to SAE
Recommended Practice J941 (1965), ``Passenger Car Driver's Eye Range,''
and SAE Aerospace-Automotive Drawing Standards (1963).
Regulation Identifier Number
The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda twice annually. You may use the RIN
contained in the heading at the beginning of this document to find this
action in the Unified Agenda.
Rulemaking Summary, 5 U.S.C. 553(b)(4)
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found in the Abstract section of the Department's Unified Agenda entry
for this rulemaking at https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=2127-AM71.
National Technology Transfer and Advancement Act
Under the National Technology Transfer and Advancement Act of 1995
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall
use technical standards that are developed or adopted by voluntary
consensus standards bodies, using such technical standards as a means
to carry out policy objectives or activities determined by the agencies
and departments.'' Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) developed or adopted by voluntary
consensus standards bodies, such as SAE (formerly, the Society of
Automotive Engineers). The NTTAA directs this agency to provide
Congress, through OMB, explanations when the agency decides not to use
available and applicable voluntary consensus standards.
The agency is proposing to incorporate by reference SAE Recommended
Practice J902 (2025) into FMVSS No. 103 and SAE Recommended Practice
J903 (2024) into FMVSS No. 104.
VI. Public Participation
How long do I have to submit comments?
Please see DATES section at the beginning of this document.
How do I prepare and submit comments?
Your comments must be written in English.
To ensure that your comments are correctly filed in the
Docket, please include the Docket Number shown at the beginning of this
document in your comments.
Your comments must not be more than 15 pages long. (49 CFR
553.21). We established this limit to encourage you to write your
primary comments in a concise fashion. However, you may attach
necessary additional documents to your comments. There is no limit on
the length of the attachments.
If you are submitting comments electronically as a PDF
(Adobe) File, NHTSA asks that the documents be submitted using the
Optical Character Recognition (OCR) process, thus allowing NHTSA to
search and copy certain portions of your submissions. Comments may be
submitted to the docket electronically by logging onto the Docket
Management System website at www.regulations.gov. Follow the online
instructions for submitting comments.
You may also submit your comments, including the
attachments, to Docket Management at the address given above under
ADDRESSES.
Please note that pursuant to the Data Quality Act, for substantive
data to be relied upon and used by the agency, it must meet the
information quality standards set forth in the OMB and DOT Data Quality
Act guidelines. Accordingly, we encourage you to consult the guidelines
in preparing your comments. OMB's guidelines may be accessed at http://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's guidelines may
be accessed at http://www.bts.gov/programs/statistical_policy_and_research/data_quality_guidelines.
How can I be sure that my comments were received?
If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
How do I submit confidential business information?
You should submit a redacted ``public version'' of your comment
(including redacted versions of any additional documents or
attachments) to the docket using any of the methods identified under
ADDRESSES. This ``public version'' of your comment should contain only
the portions for which no claim of confidential treatment is made and
from which those portions for which confidential treatment is claimed
has been redacted. See below for further instructions on how to do
this.
You also need to submit a request for confidential treatment
directly to the Office of the Chief Counsel. Requests for confidential
treatment are governed by 49 CFR part 512. Your request must set forth
the information specified in Part 512. This includes the materials for
which confidentiality is being requested (as explained in more detail
below); supporting information, pursuant to Part 512.8; and a
certificate, pursuant to Part 512.4(b) and Part 512, Appendix A.
You are required to submit to the Office of the Chief Counsel one
unredacted ``confidential version'' of the information for which you
are seeking confidential treatment. Pursuant to Part 512.6, the words
``ENTIRE PAGE CONFIDENTIAL BUSINESS INFORMATION'' or ``CONFIDENTIAL
BUSINESS INFORMATION CONTAINED WITHIN BRACKETS'' (as applicable) must
appear at the top of each page containing information claimed to be
confidential. In the latter situation, where not all information on the
page is claimed to be confidential, identify each item of information
for which confidentiality is requested within brackets: ``[ ].''
You are also required to submit to the Office of the Chief Counsel
one redacted ``public version'' of the information for which you are
seeking confidential treatment. Pursuant to part 512.5(a)(2), the
redacted ``public version'' should include redactions of any
information for which you are seeking confidential treatment (i.e., the
only information that should be unredacted is information for which you
are not seeking confidential treatment).
NHTSA is currently treating electronic submission as an acceptable
method for submitting confidential business information to the agency
under Part 512. Please do not send a hardcopy of a request for
confidential treatment to NHTSA's headquarters. The request should be
sent to Dan Rabinovitz in NHTSA's Office of the
[[Page 12544]]
Chief Counsel (NCC) at [email protected]. You may either submit
your request via email or request a secure file transfer link.
Manufacturers or any companies that already have a Confidential
Business Information (CBI) Portal account or an Enterprise Account with
NHTSA should use the CBI Portal for their submission. If you submit a
CBI request, please also email a courtesy copy of the request to David
Jasinski at [email protected].
Will the Agency consider late comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date. If Docket
Management receives a comment too late for us to consider in developing
the final rule, we will consider that comment as an informal suggestion
for future rulemaking action.
How can I read the comments submitted by other people?
You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above in the same location. You may also see the comments on
the internet. To read the comments on the internet, go to
www.regulations.gov. Follow the online instructions for accessing the
dockets.
Please note that, even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.
List of Subjects in 49 CFR Part 571
Motor vehicles, Motor vehicle safety, Incorporation by reference.
Proposed Regulatory Text
In consideration of the foregoing, NHTSA proposes to amend 49 CFR
part 571 as set forth below.
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
0
1. The authority citation for part 571 continues to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.95.
0
2. Section 571.5 is amended by:
0
a. Revising paragraphs (l)(29) and (l)(30);
0
b. Removing paragraph (l)(31);
0
c. Redesignating paragraph (l)(32) as paragraph (l)(31);
0
d. Removing paragraph (l)(33);
0
e. Redesignating paragraphs (l)(34) through (l)(50) as paragraphs
(l)(32) through (l)(48), respectively;
0
f. Revising the redesignated paragraph (l)(33);
0
g. Removing paragraph (l)(51).
The revisions read as follows:
Sec. 571.5 Matter incorporated by reference.
* * * * *
(l) * * *
(29) SAE Recommended Practice J902, ``Passenger Vehicle Windshield
Demisting and Defrosting Systems,'' revised June 2025, into Sec.
571.103.
(30) SAE Recommended Practice J903, ``Ground Vehicle Windshield
Wiper Systems,'' revised October 2024, into Sec. 571.104.
* * * * *
(33) SAE Recommended Practice J942, ``Passenger Car Windshield
Washer Systems,'' revised June 1999, into Sec. 571.104.
* * * * *
0
3. Section 571.103 is amended by:
0
a. Revising paragraph S2,
0
b. Revising paragraph S4.2,
0
c. Revising paragraph S4.3, and
0
d. Removing S4.3 (a) through (h).
The revisions read as follows:
Sec. 571.103 Standard No. 103; Windshield defrosting and defogging
systems.
* * * * *
S2. Application. This standard applies to passenger cars,
multipurpose passenger vehicles, trucks, and buses. Vehicles without
manually operated driving controls are excepted from this standard.
* * * * *
S4.2 Each passenger car windshield defrosting and defogging system
shall meet the requirements of Section 4.1 of SAE Recommended Practice
J902, ``Passenger Vehicle Windshield Demisting and Defrosting
Systems,'' revised June 2025, (incorporated by reference, see Sec.
571.5) when tested in accordance with S4.3, except that the windshield
areas A and C identified in Appendix A of SAE J902 shall be those
established in accordance with Sec. 571.104.
S4.3 Demonstration procedure. The passenger car windshield
defrosting and defogging system shall be tested in accordance with the
portions of paragraphs 5.1 through 5.2.1.25 of SAE Recommended Practice
J902 applicable to that system, including all specifications denoted as
``SAE/FMVSS'' or ``FMVSS.''
0
4. Section 571.104 is amended by:
0
a. Revising paragraph S2,
0
b. Amending S3 by revising the definitions of ``Daylight opening'' and
``Overall width'' and removing the definitions of ``Glazing surface
reference line,'' ``Plan view reference line,'' ``Shoulder room
dimension,'' and ``95 percent eye range contour,''
0
c. Revising subparagraph S4.1.1.4, and
0
d. Revising S4.1.2.
The revisions read as follows:
Sec. 571.104 Standard No. 104; Windshield wiping and washing systems.
* * * * *
S2. Application. This standard applies to passenger cars,
multipurpose passenger vehicles, trucks, and buses. Vehicles without
manually operated driving controls are excepted from this standard.
S3. * * *
Daylight opening means the maximum unobstructed opening through the
glazing surface.
Overall width means the same as overall vehicle width, defined in
Sec. 571.3.
S4. * * *
S4.1.1.4 Compliance with subparagraphs S4.1.1.2 and S4.1.1.3 may be
demonstrated by testing under the conditions specified in sections
5.2.1 and 5.2.2 of SAE Recommended Practice J903, ``Ground Vehicle
Windshield Wiper Systems,'' revised October 2024, (incorporated by
reference, see Sec. 571.5).
S4.1.2 Wiped area. When tested wet in accordance with SAE
Recommended Practice J903, each passenger car windshield wiping system
shall wipe the percentage of Areas A, B, and C of the windshield
(established in accordance with S4.1.2.1) that: (1) is specified in
column 2 of the applicable table following subparagraph S4.1.2.1; and
(2) is within the area bounded by a perimeter line on the glazing
surface 25 millimeters from the edge of the daylight opening.
S4.1.2.1 Areas A, B, and C shall be established as shown in Figure
6 of SAE Recommended Practice J903 using the angles specified in
Columns 3 through 6 of Table I, II, III, or IV, as applicable.
* * * * *
S4.2.1 Each passenger car shall have a windshield washing system
that meets the requirements of SAE Recommended Practice J942,
``Passenger Car Windshield Washer Systems,'' revised June 1999,
(incorporated by reference, see Sec. 571.5), except that the text,
``80% of the total wash area and 90% of the wash area included in area
C as defined in SAE J903 for passenger cars and SAE J198 for trucks,
buses, and multipurpose vehicles'' shall be deleted and ``the
[[Page 12545]]
areas established in accordance with subparagraph S4.1.2.1 of Motor
Vehicle Safety Standard No. 104'' shall be inserted in lieu thereof.
S4.2.2 Each multipurpose passenger vehicle, truck, and bus shall
have a windshield washing system that meets the requirements of SAE
Recommended Practice J942 (incorporated by reference, see Sec. 571.5),
except that the text, ``80% of the total wash area and 90% of the wash
area included in area C as defined in SAE J903 for passenger cars and
SAE J198 for trucks, buses, and multipurpose vehicles'' shall be
deleted and ``the pattern designed by the manufacturer for the
windshield wiping system on the exterior surface of the windshield
glazing'' shall be inserted in lieu thereof.
Issued on March 11, 2026, in Washington, DC, under authority
delegated in 49 CFR 1.95.
Jonathan Morrison,
Administrator.
[FR Doc. 2026-05023 Filed 3-13-26; 8:45 am]
BILLING CODE 4910-59-P