[Federal Register Volume 91, Number 95 (Monday, May 18, 2026)]
[Rules and Regulations]
[Pages 28432-28443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-09849]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 563 and 585
[Docket No. NHTSA-2025-0050]
RIN 2127-AM78
Event Data Recorders
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule amends NHTSA's regulation governing Event Data
Recorders (EDR or EDRs) to delay the implementation schedule for
expanded pre-crash data capture requirements. In response to petitions
for reconsideration of a final rule published on December 18, 2024, the
agency is adopting a four-year phase-in compliance schedule that begins
September 1, 2028. This action ensures the increased pre-crash data
capture requirements are integrated into the vehicle fleet in a manner
that aligns with manufacturer production cycles and technical
feasibility.
DATES:
Effective Date: This rule is effective June 17, 2026.
Compliance Dates: This final rule adopts a four-year phase-in
period that begins September 1, 2028 to comply with part 563, as
amended by the December 18, 2024 final rule. Under the four-year phase-
in, 25 percent of a manufacturer's applicable vehicles produced from
September 1, 2028 to August 31, 2029 must comply with part 563 as
amended by the final rule published on December 18, 2024, ``Event Data
Recorders,'' followed by 50 percent from September 1, 2029 to August
31, 2030, 75 percent from September 1, 2030 to August 31, 2031, and 100
percent on and after September 1, 2031. Applicable vehicles produced by
small-volume and limited-line manufacturers are required to comply
beginning September 1, 2032. Applicable vehicles manufactured in two or
more stages or that are altered are not required to comply with the
rule until on or after September 1, 2033. Voluntary early compliance is
permitted.
Petitions for Reconsideration: If you wish to petition for
reconsideration of this rule, your petition must be received by July 2,
2026.
ADDRESSES: Petitions for reconsideration of this final rule must refer
to the docket number set forth above (NHTSA-2025-0050) and be submitted
to the Administrator, National Highway Traffic Safety Administration,
1200 New Jersey Avenue SE, Washington, DC 20590. Note that all
petitions received will be posted without change to the docket for this
rulemaking at www.regulations.gov, including any personal information
provided.
Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you should submit your
complete submission, including the information you claim to be
confidential business information, to the Chief Counsel, NHTSA, at the
address given under FOR FURTHER INFORMATION CONTACT. In addition, you
should submit a copy, from which you have deleted the claimed
confidential business information, to Docket Management at the address
given above. When you send a submission containing information claimed
to be confidential business information, you should include a cover
letter setting forth the information specified in our confidential
business information regulation (49 CFR part 512). NHTSA is currently
treating electronic submission as an acceptable method for submitting
confidential business information to the Agency
[[Page 28433]]
under part 512. Please do not send a hard copy of a request for
confidential treatment to NHTSA's headquarters. The request should be
sent to Dan Rabinovitz in the Office of the Chief Counsel at
[email protected] or you may contact him for 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 Eli Wachtel at [email protected].
Privacy Act: The petition will be placed in the docket. Anyone is
able to search the electronic form of all documents 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.). You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477-78) or you may visit https://www.transportation.gov/individuals/privacy.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets via internet.
FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact
Joshua McNeil, Office of Crashworthiness Standards
([email protected]). For legal issues, you may contact Eli Wachtel,
NHTSA Office of Chief Counsel ([email protected]). You can reach
these officials by phone at 202-366-1810. Address: National Highway
Traffic Safety Administration, U.S. Department of Transportation, 1200
New Jersey Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
III. Notice of Proposed Rulemaking
IV. Final Rule and Response to Comments
V. Rulemaking Analyses and Notices
I. Executive Summary
This final rule amends NHTSA's regulation governing EDRs \1\ to
delay the compliance timeline by one year and to establish a four-year
phase-in schedule for compliance with expanded pre-crash data capture
requirements. These requirements were established by a December 18,
2024 final rule \2\ (2024 final rule) issued pursuant to a mandate
under the Fixing America's Surface Transportation (FAST) Act.\3\ The
2024 final rule required that all vehicles equipped with EDRs and
manufactured on or after September 1, 2027, comply with the updated
pre-crash data capture requirements. With this action, NHTSA adopts the
amendments proposed in the November 28, 2025 notice of proposed
rulemaking (NPRM),\4\ which was issued in response to petitions for
reconsideration of the 2024 final rule submitted by the Alliance for
Automotive Innovation (Auto Innovators), SAE International (SAE), and
Fiat Chrysler Automobiles U.S. LLC (FCA).\5\
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\1\ 49 CFR part 563.
\2\ 89 FR 102810 (Dec. 18, 2024).
\3\ Public Law 114-94, 129 Stat. 1312, December 4, 2015.
\4\ 90 FR 54619 (Nov. 28, 2025).
\5\ The petitions for reconsideration may be reviewed on
regulations.gov at Docket No. NHTSA-2024-0084.
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The phase-in schedule, excluding small-volume and multi-stage
manufacturers, is as follows:
25 percent of the vehicles equipped with EDRs manufactured
on or after September 1, 2028 and before September 1, 2029.
50 percent of the vehicles equipped with EDRs manufactured
on or after September 1, 2029 and before September 1, 2030.
75 percent of the vehicles equipped with EDRs manufactured
on or after September 1, 2030 and before September 1, 2031.
100 percent of the vehicles equipped with EDRs
manufactured on or after September 1, 2031.
Small-volume and limited-line manufacturers must comply beginning
September 1, 2032. Vehicles manufactured in two or more stages and
altered vehicles are not required to comply with the rule until on or
after September 1, 2033. This rule also permits voluntary early
compliance.
This action ensures that the technical specifications mandated in
the 2024 final rule, specifically the capture of pre-crash data
elements for 20 seconds at 10 Hz, are integrated into the vehicle fleet
in a manner that aligns with manufacturer production cycles. NHTSA
estimates that this approach provides the industry with total
undiscounted cost savings between $35.54 million and $89.82 million (in
2024 dollars) from 2027 to 2030 \6\ while ensuring the objectives of
the FAST Act are achieved. To ensure accountability, this final rule
establishes new reporting requirements under 49 CFR part 585 as
proposed in the NPRM to track the annual percentage of a manufacturer's
vehicles equipped with EDRs that meet the data capture requirements.
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\6\ When discounting at three percent, the cost savings is
approximately $30.67 million to $77.52 million. When discounting at
seven percent, the cost savings is approximately $25.40 million to
$64.19 million. For the purpose of regulatory budgeting in
accordance with Executive Order 14192, discounted cost savings are
estimated relative to a base year of 2024.
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II. Background
NHTSA established 49 CFR part 563 in August 2006 \7\ to standardize
the data elements, format, and survivability of EDRs voluntarily
installed in light vehicles. Initially, the regulation applied to EDR-
equipped light vehicles manufactured on or after September 1, 2012. The
primary objective of an EDR is to assist crash investigators in
understanding vehicle kinematics (e.g., speed, braking, and throttle
position) in the moments immediately preceding a deployment-level
event.\8\ The 2006 final rule established requirements to capture pre-
crash data elements for 5 seconds at a sampling rate of 2 Hz.
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\7\ 71 FR 50998 (Aug. 28, 2006).
\8\ Part 563 defines ``event'' to mean a crash or other physical
occurrence that causes the trigger threshold to be met or exceeded,
or any non-reversible deployable restraint to be deployed, whichever
occurs first.
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The FAST Act included a mandate for the Administrator to conduct a
study to determine the amount of time EDRs installed in passenger motor
vehicles should capture and record for retrieval vehicle-related data
in conjunction with an event in order to provide sufficient information
to investigate the cause of motor vehicle crashes. Public Law 114-94,
24303. The FAST Act also required the Administrator to promulgate
regulations to establish the appropriate period during which EDRs
installed in passenger motor vehicles may capture and record for
retrieval vehicle-related data to the time necessary to provide
accident investigators with vehicle-related information pertinent to
crashes involving such motor vehicles. Subsequent agency research and
the 2022 EDR Duration Study \9\ determined that the five-second
recording duration was often insufficient to capture critical maneuvers
in intersection or road-departure crashes.
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\9\ Event Data Recorder Duration Study [Appendix to a Report to
Congress. Report No. DOT HS 813 082B], 2022, https://doi.org/10.219491530244/.
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On December 18, 2024, NHTSA published a final rule increasing the
pre-crash recording duration from 5 seconds to 20 seconds and the
sampling
[[Page 28434]]
frequency from 2 Hz to 10 Hz.\10\ The final rule required that vehicles
equipped with EDRs and manufactured on or after September 1, 2027,
comply with the updated pre-crash data capture requirements. This
change was intended to provide higher-resolution data for the 20
seconds leading to a crash event. Following the publication of the 2024
final rule, NHTSA received petitions for reconsideration from Auto
Innovators,\11\ SAE,\12\ and FCA.\13\ Petitioners cited significant
engineering hurdles, including the need for increased non-volatile
memory capacity and larger backup power reserves (capacitors) to ensure
that 20 seconds of pre-crash data that is held in volatile temporary
buffers can be written to non-volatile storage if the vehicle's
electrical system fails.
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\10\ 89 FR 102810 (Dec. 18, 2024).
\11\ NHTSA-2024-0084-0005.
\12\ NHTSA-2024-0084-0004.
\13\ NHTSA-2024-0084-0003.
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In response to these petitions, NHTSA issued an NPRM on November
28, 2025,\14\ proposing to adopt the phased-in compliance timeline
requested by SAE and Auto Innovators. The modified timeline provides
manufacturers with an additional year of lead time and a four-year
phase-in to allow them to integrate the necessary EDR and Airbag
Control Module (ACM) architecture changes within their current model
development cycles without disrupting existing product plans. NHTSA
estimates that this approach will result in industry cost savings
primarily by avoiding ``mid-cycle'' hardware redesigns, which may have
forced manufacturers to re-engineer existing vehicle platforms
prematurely to accommodate larger memory chips and expanded power
reserves, while still achieving the objectives of the FAST Act.\15\
NHTSA estimates that by implementing the four-year phase-in compliance
schedule starting on September 1, 2028, the industry will realize total
cost savings between $30.67 million and $77.52 million at a three
percent discount rate. These savings represent the difference between
an immediate, fleet-wide mandate and a graduated rollout that aligns
with natural vehicle product cycles. Allowing manufacturers to
integrate the 20-second, 10 Hz recording capability during scheduled
model refreshes avoids expenditures associated with mid-cycle hardware
redesigns and reduces the strain on engineering resources.
Consequently, the phase-in allows the agency to achieve its long-term
objective of high-resolution crash data capture while significantly
lowering the near-term economic burden on both manufacturers and
consumers.
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\14\ 90 FR 54619 (Nov. 28, 2025).
\15\ See the section titled, ``Cost Savings Associated With This
Proposed Rule,'' in the 2025 NPRM. 90 FR 54619 (Nov. 28, 2025).
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III. Summary of Comments on 2025 NPRM
In response to the proposed rule, NHTSA received seven
comments.\16\ The commenters included FCA; Auto Innovators; Motor &
Equipment Manufacturers Association, The Vehicle Suppliers Association
(MEMA); the Advocates for Highway & Auto Safety (Advocates); the
Institute of Electrical and Electronics Engineers (IEEE) Vehicular
Technology Study (IEEE-VTS); one individual; and one anonymous
commenter.
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\16\ These comments can be found in Docket No. NHTSA-2025-0050.
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FCA supported the proposed revised timeline. FCA emphasized that
the new requirements involve extensive hardware and software updates
across their entire EDR fleet, presenting significant technical
feasibility and cost challenges. FCA noted that the proposed timeline
is essential to allow manufacturers to implement these changes
responsibly while preserving product integrity without compromising
ongoing product plans. Furthermore, FCA urged the agency to finalize
the regulation promptly. FCA explained that until the proposed change
is finalized, manufacturers must treat the September 1, 2027 compliance
date from the 2024 final rule as binding, which leads to the
inefficient allocation of resources toward requirements that may
change. FCA commented that it remains committed to full compliance and
working with NHTSA to advance vehicle safety research.
Auto Innovators supported the proposal to extend the initial
compliance date to September 1, 2028, and adopt a four-year phase-in
schedule. They emphasized that EDRs are highly integrated with other
complex vehicle systems, so the original September 1, 2027 compliance
date may have forced manufacturers to incur extensive redesign costs or
even disable EDR functionality. Auto Innovators also specifically
advocated for extending the compliance date for small-volume
manufacturers to September 1, 2032, noting that these entities operate
on much longer planning cycles for models that stay on the market for
extended periods without architectural changes. Though Auto Innovators
is supportive of the additional time to manage redesign and production
costs, they maintain that NHTSA has likely overestimated the expected
safety benefits of the 20-second recording duration and 10 Hz sampling
rate and suggest that similar outcomes could be achieved through less
burdensome requirements. However, Auto Innovators did not expect
extending the lead time to have a significant impact on the overall
safety benefits of the rule. Furthermore, they urged prompt
finalization of the rule to provide regulatory certainty and noted that
manufacturers will continue to incur costs until a new rule is
finalized. Finally, Auto Innovators recommended adjusting the proposed
amendments to footnote 4 to Table I and footnote 5 to Table II of part
563 to clarify that, because part 563 is an ``if equipped'' standard,
the phase-in percentages apply only to vehicles that are actually
``equipped with an EDR.''
MEMA expressed support for the proposed delay of the initial
compliance date and the adoption of a four-year phase-in period, noting
that the timeline for implementation first proposed in 2022 was a key
point of concern for suppliers. The association argued that the
additional time is critical for suppliers to integrate complex changes
without disrupting existing product plans, noting that increasing pre-
crash recording to 20 seconds more than doubles the data volume and
requires longer write times to non-volatile memory. MEMA commented that
this increase may necessitate larger or multiple capacitors to provide
reserve power during a crash, which in turn impacts electronic board
layouts, housing, and vehicle mounting spaces. MEMA further commented
that following such hardware changes, manufacturers might even require
new crash testing to verify that mechanical integrity is preserved.
They detailed a development cycle in which software is finished 18
months before production, followed by additional 18-month windows for
supplier delivery and system testing and certification. Though
welcoming the revised timeline, MEMA emphasized that the costs
associated with the changes to part 563 remain significant for the
supplier sector.
Advocates opposed the extended lead time and phase-in, asserting
that a delay is unnecessary and needlessly postpones a standard and
safety benefits during a period of historically high roadway
fatalities,\17\ and that EDR data
[[Page 28435]]
is essential for understanding these crashes. Advocates emphasized that
over 99 percent of vehicles are estimated to be already equipped with
EDRs and that the required updates involve minimal software changes and
a small amount of additional memory rather than a substantial hardware
redesign. Furthermore, Advocates highlighted that, by pushing full
compliance to 2031, this proposal would extend the full compliance date
to more than a decade past the original rulemaking deadline established
by Congress in the FAST Act.
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\17\ Advocates noted that nearly 41,000 people were killed on
U.S. roads in 2023, a 24 percent increase over the last decade,
citing National Center for Statistics and Analysis, Summary of motor
vehicle traffic crashes: 2023 data, Traffic Safety Facts, Report No.
DOT HS 813 762, National Highway Traffic Safety Administration, doi:
10.21949/rdm5-2086 (October 2025).
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IEEE-VTS filed what it referred to as a ``petition for
reconsideration'' strongly opposing the proposed delay to 2031,
characterizing it as a ``failure of regulatory duty'' that ignores
globally vetted technical solutions already implemented by 60 other
nations.\18\ IEEE-VTS asserts that the ``heavy lifting'' for these
standards has already been completed through the development of Std-
IEEE-1616.1: Data Storage System for Automated and Autonomous Driving
(DSSAD). IEEE-VTS commented that the DSSAD provides a ``Scientific
Witness'' that distinguishes between human and machine operation, a
critical necessity given the 112 daily road fatalities in the U.S.
IEEE-VTS disputes the industry's claims of technical burden, noting
that the memory requirements for these updates are ``relatively small''
and do not require a substantial hardware redesign. Furthermore, IEEE-
VTS states that delaying these requirements leaves vehicle owners
vulnerable to ``secondary predators'' (i.e., unauthorized third parties
who could access the vehicle's diagnostic port to delete or obtain
sensitive data following an event that triggers the EDR to record
data). To address this vulnerability, IEEE-VTS advocated for the
``People's Protocol'' (IEEE-1616.1), a standardized security framework
that establishes a ``forensic gate.'' This system uses encrypted
digital keys to lock EDR data from outside tampering while ensuring it
remains accessible to the vehicle owner and those granted a legal
exception to access the data according to the Driver Privacy Act of
2015. IEEE-VTS requested NHTSA to rescind the delay (maintain the
original September 1, 2027 compliance date), and incorporate by
reference IEEE-1616.1 to provide a standardized and secure forensic
gate for EDR and DSSAD data.
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\18\ Under 49 CFR 553.35, any interested person may petition the
Administrator for reconsideration of a rule issued under that part.
Given that IEEE filed this document in response to an NPRM, not a
rule, NHTSA is treating IEEE's submission as a comment on the NPRM.
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Michael Ravnitzky commented that the proposed delay is a reasonable
way to reduce disruption to vehicle development and to avoid
manufacturers removing EDRs from vehicles. The commenter also expressed
support for retaining the 20-second, 10 Hz data capture requirements,
noting their value for crash investigations and safety research. The
individual requested that NHTSA mandate annual progress reports
including production volumes, the number of vehicles meeting the new
requirements, and any risks to full compliance. The individual also
suggested that NHTSA publish aggregate, anonymized summaries of these
reports to assist researchers and first responders in understanding the
progress without revealing proprietary information.
An anonymous comment stated that expanded recording requirements
must be matched with clear and robust privacy protections. They noted
that EDRs collect sensitive data regarding driver behavior (e.g.,
speed, braking, and restraint use) which could have significant
implications for vehicle owners if used improperly. They also urged the
agency to emphasize safeguards such as clear limits on third-party
access, strong data security standards, and accessible disclosures to
help owners understand their rights. They emphasized that maintaining
public confidence in Federal safety regulations and vehicle technology
requires a careful balance between safety innovation and consumer
trust.
IV. Final Rule and Response to Comments
In this final rule, NHTSA amends part 563 and part 585 by
implementing the phase-in schedule and reporting requirements as
proposed in the NPRM. The phase-in schedule, excluding small-volume and
multi-stage manufacturers, is as follows for vehicles equipped with
EDRs:
25 percent of the vehicles manufactured equipped with EDRs
on or after September 1, 2028 and before September 1, 2029.
50 percent of the vehicles manufactured equipped with EDRs
on or after September 1, 2029 and before September 1, 2030.
75 percent of the vehicles manufactured equipped with EDRs
on or after September 1, 2030 and before September 1, 2031.
100 percent of the vehicles manufactured equipped with
EDRs on or after September 1, 2031.
Small-volume manufacturers and multi-stage manufacturers are not
subject to the phase-in. Small-volume manufacturers have an additional
year to comply, and multi-stage manufacturers and alterers have two
additional years. The requirements apply beginning September 1, 2032 to
small-volume manufacturers or limited-line manufacturers and September
1, 2033 for vehicles manufactured by manufacturers producing altered
vehicles or vehicles in two or more stages.
NHTSA notes that this timeline is the one requested in FCA's
petition for reconsideration of the 2024 final rule, except that while
FCA suggested starting the phase-in beginning in 2027, the agency has
determined that a September 1, 2028 initial compliance date better
aligns with wider industry constraints.
NHTSA acknowledges comments from FCA, MEMA, and Auto Innovators
that the revised duration requires extensive hardware and software
updates, and the agency agrees that a more gradual timeline allows
these changes to occur within standard product development cycles
without disrupting existing plans. NHTSA acknowledges the technical
considerations presented by MEMA regarding the transition to a 20-
second recording duration. The agency recognizes that more than
doubling the data volume necessitates longer write times to non-
volatile memory and may require hardware modifications, such as larger
or multiple capacitors, which can impact electronic board layouts and
housings. NHTSA is providing lead time that aligns with the development
and certification cycles detailed by suppliers, during which software
and hardware must often be finalized years before production. This
ensures changes are integrated into the vehicle fleet in a manner that
matches standard product planning and avoids the technical and cost
hurdles associated with mid-cycle re-engineering. NHTSA is also
allowing an additional year for small-volume manufacturers (to
September 1, 2032) as requested by Auto Innovators. By finalizing this
phased approach, NHTSA also provides regulatory certainty and avoids
resources being inefficiently allocated to meet the prior timeline.
Regarding NHTSA's estimation of the benefits of the changes
finalized in the 2024 final rule, NHTSA acknowledged the uncertainty in
its benefit-cost estimates because it was unable to quantify the exact
safety benefits, in particular what proportion of future safety
benefits from safety standards could be attributed to the improved
[[Page 28436]]
data.\19\ Nonetheless, in the 2024 final rule the agency concluded that
foundational upgrades to EDR hardware and software will facilitate more
sophisticated crash reconstructions and inform future defects
investigations and safety standards better and may provide
manufacturers with information it can use to develop improvements for
vehicle systems. The findings of the EDR Duration Study demonstrate
that the previous five-second recording window was insufficient for
certain purposes because it captured less than one percent of total
intersection event time. By extending the recording duration to 20
seconds, the agency ensures that up to 95 percent of intersection
traversal stages, including critical pre-impact maneuvers like rolling
stops or running traffic signals, are captured. Furthermore, increasing
the sampling frequency to 10 Hz addresses critical data gaps and
reduces timing uncertainty. The increased sample rate is necessary to
resolve rapid vehicle control inputs, such as anti-lock braking (ABS)
activations or pedal misapplications, which may occur in intervals
shorter than the previous 2-Hz sampling frequency. This refined
resolution allows investigators to correlate driver commands with
vehicle dynamics more precisely, providing the clarity needed to
analyze multi-impact events and the real-world performance of crash
avoidance technologies.
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\19\ See the 2024 final rule's Final Regulatory Evaluation,
NHTSA-2024-0084-0002.
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NHTSA shares the concerns of Advocates regarding the increase in
roadway fatalities and reaffirms that enhanced EDR data is a vital tool
for understanding crash dynamics and assessing safety equipment
performance. In addition, the agency reaffirms that, while EDRs are
primarily tools for post-crash analysis and reconstruction, the
enhanced data they collect is vital for identifying safety design
improvements and developing more effective Federal safety regulations.
However, there are significant difficulties inherent in quantifying the
exact safety benefits of this regulation. NHTSA was unable to estimate
the specific portion of safety improvements (such as improved
countermeasures) in the form of lives saved or injuries prevented can
be directly attributed to an increased volume of EDR data.
The FAST Act did not require a specific compliance timeline for the
mandated rule. NHTSA has determined that a rigid and accelerated
compliance timeline would likely create a ``regulatory failure'' by
imposing a disproportionate economic and technical burden relative to
the benefits. Furthermore, the requirements of part 563 only apply if a
vehicle is equipped with an EDR. Forcing immediate compliance carries
the risk that some manufacturers might choose to disable EDR
functionality entirely to avoid non-compliance, which would deny
researchers of any crash data for such vehicles throughout their life
in the market. Auto Innovators stated in its petition that the
September 1, 2027 compliance date from the December 2024 final rule was
not achievable without extensive redesign costs and that in cases where
EDR redesign was not feasible, that EDR functionality could be disabled
until the required design changes were implemented. By adopting a
phased implementation, NHTSA ensures a more orderly transition that
preserves the long-term objectives of the FAST Act while preventing a
loss of critical data during the transition period.
NHTSA is adopting Auto Innovators' recommendation to revise the
proposed table footnotes in part 563. This change does not adjust the
requirements proposed in the NPRM substantively. However, it provides
clarity to manufacturers regarding the application of the requirements.
Because part 563 is an ``if-equipped'' standard, the phase-in
compliance percentages apply specifically to vehicles equipped with an
EDR. The NPRM proposed exactly that structure. Under 49 CFR 563.3, the
requirements of part 563 apply only to certain vehicles (and the
manufacturers of those vehicles) ``if [the vehicles] are equipped with
an event data recorder,'' \20\ and the language proposed for the table
footnotes would not have adjusted the scope of application. Therefore,
the proposed footnote 4 of Table I and footnote 5 of Table II describe
percentages of vehicles equipped with an EDR, not percentages of a
manufacturer's entire fleet. The language suggested by Auto Innovators
makes this clear. Therefore, NHTSA is adopting the footnote language
requested by the Auto Innovators.
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\20\ 49 CFR 563.3.
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Regarding progress reports as requested by Michael Ravnitzky, this
final rule directly addresses these concerns by establishing a new
subpart P under 49 CFR part 585, which creates formal EDR Phase-In
Reporting Requirements. Under subpart P, manufacturers must submit
annual reports to NHTSA within 60 days after the end of each production
year ending August 31 from 2029 through 2032. These reports must state
the number of vehicles produced that are equipped with an EDR,
identifying how many of those vehicles do and do not meet the revised
requirements of Sec. 563.7. Furthermore, the reporting requirements
align with the commenter's request for compliance status by requiring
manufacturers to provide a formal statement regarding their compliance
and the specific basis for that statement. To facilitate agency
oversight, manufacturers must also maintain records of the Vehicle
Identification Number (VIN) for all reported vehicles until December
31, 2033 and provide detailed identification (including make and model)
upon request from NHTSA's Office of Vehicle Safety Compliance.
The regulatory text as finalized in this final rule incorporates an
edit to the version proposed in the NPRM to make clearer what
information must be reported. It removes redundant language that was
proposed to be included in Sec. 585.147(b)(1) regarding reporting
vehicles equipped with EDRs that comply with part 563, and now
specifies in Sec. 585.147(b)(2) that the report must include
information regarding which vehicles equipped with an EDR do or do not
meet the updated recording interval and data sample rate requirements.
This change is for clarity and is not intended to require different
reporting than what was proposed.
Regarding the suggestion to publish aggregate summaries of the
phase-in progress reports, the agency is taking this suggestion into
consideration but is not acting on it as part of this final rule. The
primary purpose of this reporting framework is to assist NHTSA in
determining whether manufacturers are complying with the amended
recording requirements. Though there may be value for safety research
or public awareness in publishing anonymized and aggregated reports,
the agency is not certain if these benefits would be commensurate with
the additional resources required to compile, to anonymize, and to
publish aggregate reports. In addition, this is not necessarily a
matter to address in the course of rulemaking nor would taking this
action necessarily involve amendments to part 585 or part 563.
On the issue of privacy, NHTSA emphasizes that part 563 does not
require EDRs to record personally identifiable data, and captured data
in EDRs are continuously overwritten in a temporary buffer, except for
specified crash events meeting the trigger threshold to retain data.
The Driver Privacy Act of 2015,\21\ enacted as part of
[[Page 28437]]
the FAST Act, states that data retained by an EDR are the ``property of
the owner, or, in the case of a leased vehicle, the lessee of the motor
vehicle in which the event data recorder is installed.'' \22\ Recorded
EDR data may not be accessed by any person other than the vehicle owner
or lessee except in the case of one of several enumerated
exceptions.\23\ One exception is if the data is retrieved for traffic
safety research, and the personally identifiable information of an
owner or a lessee of the vehicle and the vehicle identification number
are not disclosed in connection with the retrieved data. These
protections address the privacy concerns raised by the commenter.
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\21\ Public Law 114-94, Sec. 24301-24302, 129 Stat. 1312, 1713-
14 (2015).
\22\ Id.
\23\ Id.
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NHTSA declines the request from IEEE-VTS to incorporate IEEE
1616.1-2023 by reference at this time. Doing so is outside the scope of
the proposal, and any efforts to incorporate these standards would
require a new notice and comment rulemaking pursuant to the
Administrative Procedure Act, 5 U.S.C. 553. IEEE 1616.1-2023 defines
specific metrics for DSSADs for Level 3, 4, and 5 \24\ driving
automation systems. Though EDRs focus on time-series data for post-
crash reconstruction, DSSADs provide timestamped ``flags'' to
distinguish between human and machine operation in vehicles equipped
with Automated Driving Systems (ADS). However, the FAST Act mandate
specifically focused on the pre-crash recording duration necessary to
investigate crash causation and did not address ADS-specific data
elements. NHTSA is an active participant in the UNECE WP.29 efforts to
develop a Global Technical Regulation (GTR) for ADS, which may include
DSSAD requirements. As a signatory to the 1998 Agreement, if the U.S.
votes in the affirmative to establish a GTR for DSSADs, NHTSA is
obligated to initiate a separate rulemaking process to consider those
safety requirements for domestic adoption. Until such a GTR is
finalized and evaluated under the National Traffic and Motor Vehicle
Safety Act, the agency will continue to consider EDR and DSSAD as
distinct systems with separate regulatory trajectories.
---------------------------------------------------------------------------
\24\ SAE International J3016_201806 Taxonomy and Definitions for
Terms Related to Driving Automation Systems for On-Road Motor
Vehicles.
---------------------------------------------------------------------------
V. Summary of Costs and Benefits
In this Final Rule, NHTSA maintains the cost estimates presented in
the December 2024 Final Regulatory Evaluation,\25\ which projected a
total annual industry impact between $13.26 million and $33.52 million
(in 2022 dollars). To alleviate the associated financial and technical
burdens, NHTSA is providing an extended lead time and phase-in period
to allow manufacturers to design, test, and validate EDR architectures,
ensuring sufficient processing capability and non-volatile memory are
available to capture 20 seconds of pre-crash data at 10 Hz. NHTSA
analyzed potential cost savings from different lead time extensions and
phase-in schedules in the 2025 NPRM. The lead time and phase-in (one-
year extension followed by 25/50/75/100 percent phase-in) means the
first model year (MY) impacted by the final rule will apply to
consumers purchasing new MY2029 vehicles. The phase-in is projected to
save $10.67 to $25.95 million in 2028, $7.11 to $17.96 million in 2029,
and $3.56 to $8.98 million in 2030 in 2024 dollars. The lead time
extension is projected to save an additional $14.21 to $35.93 million
in 2027, resulting in total quantified savings of $35.54 to $89.82
million from 2027 to 2030 in 2024 dollars. When discounting at three
percent, the cost savings is approximately $30.67 million to $77.52
million, and when discounting at seven percent, the cost savings is
approximately $25.40 million to $64.19 million.\26\
---------------------------------------------------------------------------
\25\ NHTSA-2024-0084-0002.
\26\ For the purpose of regulatory budgeting in accordance with
E.O. 14192, discounted cost savings are estimated relative to a base
year of 2024.
---------------------------------------------------------------------------
VI. Rulemaking Analyses and Notices
Executive Order 12866, Executive Order 14192, and DOT Regulatory
Policies and Procedures
This final rule does not meet the criteria of a ``significant
regulatory action'' under Executive Order (E.O.) 12866 (58 FR 51735,
Oct. 4, 1993). Therefore, the Office of Management and Budget (OMB) has
not reviewed this proposed rule under that Executive Order. NHTSA has
considered the impact of this rule under E.O. 12866 and E.O. 14192 (90
FR 9065, Feb. 6, 2025). Please refer to the December 2024 final rule
for discussion of the costs and benefits of that rule. The FRE for the
December 2024 final rule estimated that the incremental cost associated
with the final rule ranged from approximately $13.26 million to $33.52
million in 2022 dollars.
This rulemaking is a deregulatory action under E.O. 14192 because
it would reduce the implementation burden associated with the December
2024 final rule, which increased the pre-crash data recording duration
and sample rate required under 49 CFR part 563. Though the substantive
requirements adopted in the December 2024 final rule remain unchanged,
the agency is modifying the compliance schedule in response to
petitions for reconsideration that identified implementation challenges
and risk of unintended consequences. Based on NHTSA's analysis, the
lead time extension and phase-in may result in total quantified savings
of $35.54 to $89.82 million from 2027 to 2030 in 2024 dollars. When
discounting at three percent, the cost savings is approximately $30.67
million to $77.52 million, and when discounting at seven percent, the
cost savings is approximately $25.40 million to $64.19 million. The
range in cost savings corresponds directly with the range in
incremental costs presented in the Final Regulatory Evaluation (FRE)
developed in support of the December 2024 final rule. In that FRE,
NHTSA estimated that the unit cost to upgrade EDRs would range from
$0.87 (lower bound) for software-only updates to $2.20 (upper bound)
for full hardware modernizations. The higher end of the savings range
assumes that a greater percentage of the fleet would have required more
hardware changes, such as increased non-volatile memory, upgraded
microprocessors, and increased energy reserves.
Petitioners explained that the original compliance date imposed a
rigid and accelerated timeline that did not align with typical vehicle
development cycles. These conditions would have imposed high compliance
costs, disrupted product planning, and could have resulted in the
removal or disabling of EDR functionality in some vehicle models--
undermining the objectives the rule was designed to advance. Quantified
cost savings are discussed in more detail above, in Section V. Also, as
noted, the safety benefits of the December 2024 final rule were
unquantified. This was similar when NHTSA established part 563. This
was due to the difficulties in estimating both the exact portion of
benefits creditable to an increased amount of EDR data after a standard
is implemented or a safety countermeasure is developed and of
quantifying how the benefits to safety research and emergency response
translate to improved vehicle safety. Nonetheless, the agency
acknowledges that it is likely the implementation timeline created a
regulatory failure by imposing a disproportionate burden relative to
those benefits, particularly for vehicle platforms in late-stage design
or
[[Page 28438]]
production. This final rule corrects that failure.
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 rule 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 rule does not
have a significant economic impact on a substantial number of small
entities. I certify that this rulemaking action would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this certification is provided below.
The delay in the compliance date and creation of a phase-in period
reduces the burden on small entities by providing more time to comply
with the new requirements. In addition, limited line \27\ and small-
volume manufacturers \28\ would only need to produce vehicles with EDRs
that meet the requirements, if the vehicle is equipped with an EDR, on
or after September 1, 2032. Manufacturers producing altered vehicles or
vehicles in two or more stages would have one additional year, until
September 1, 2033, for compliance. In addition, NHTSA determined that
the December 2024 final rule would not have a significant economic
impact on a substantial number of small entities. The amendments in
this rule do not change that finding.
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\27\ Limited line manufacturer means a manufacturer that sells
three or fewer carlines, as that term is defined in 49 CFR 583.4, in
the United States during a production year.
\28\ Small-volume manufacturer as defined in Sec. 571.127,
``Automatic emergency braking systems for light vehicles,'' is an
original vehicle manufacturer that produces or assembles fewer than
5,000 vehicles annually for sale in the United States.
---------------------------------------------------------------------------
Executive Order 13132 (Federalism)
NHTSA has examined this rule pursuant to E.O. 13132 (64 FR 43255,
Aug. 10, 1999) and concluded that no additional consultation with
States, local governments, or their representatives is mandated beyond
the rulemaking process. The agency has 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. The rule does 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.''
This rule would amend an existing regulation. When 49 CFR part 563
was promulgated in 2006, NHTSA explained its view that any State laws
or regulations that would not allow manufacturers to use the types of
EDRs addressed by part 563 would create a conflict and therefore be
preempted.\29\ As a result, regarding this rule, NHTSA does not believe
there are current State laws or regulations for EDRs that conflict with
part 563. In addition, this rule extends the compliance timeline but
does not amend the underlying requirements that will be applicable to
EDRs.
---------------------------------------------------------------------------
\29\ The 2006 final rule promulgating 49 CFR part 563 discussed
preemption at length. See 71 FR 50907, 51029 (August 28, 2006).
---------------------------------------------------------------------------
Executive Order 12988 (Civil Justice Reform)
With respect to the review of the promulgation of a new regulation,
section 3(b) of E.O. 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) adequately defines key
terms; and (6) addresses other important issues affecting clarity and
general draftsmanship under any guidelines issued by the Attorney
General. This document is consistent with that requirement.
NHTSA has reviewed this rulemaking and determined that this
rulemaking action conforms to the applicable standards in sections 3(a)
and 3(b)(2) of E.O. 12988, Civil Justice Reform. The issue of
preemption is discussed above, in the section discussing E.O. 13132
(Federalism). There is no requirement that individuals submit a
petition for reconsideration or pursue other administrative proceedings
before they may file suit in court.
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. NHTSA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule does not
meet the criteria in 5 U.S.C. 804(2) to be considered a major rule. The
rule will be effective thirty days after the date of publication in the
Federal Register.
Executive Order 13609 (Promoting International Regulatory Cooperation)
E.O. 13609, ``Promoting International Regulatory Cooperation'' (77
FR 26413, May 1, 2012), promotes international regulatory cooperation
to meet shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements.
The agency is currently participating in the negotiation and
development of technical standards for EDRs in the United Nations
Economic Commission for Europe (UNECE) World Forum for Harmonization of
Vehicle Regulations (WP.29). As a signatory member, NHTSA is obligated
to initiate rulemaking to incorporate safety requirements and options
specified in Global Technical Regulations (GTRs) if the U.S. votes in
the affirmative to establish the GTR. No GTR for EDRs has been
developed at this time. NHTSA has analyzed this rule under the policies
and agency responsibilities of E.O. 13609 and has determined this
rulemaking would have no effect on international regulatory
cooperation.
National Environmental Policy Act
The Department has analyzed the environmental impacts of this final
rule pursuant to the National Environmental Policy Act of 1969 (NEPA)
(42 U.S.C. 4321 et seq.). NHTSA has determined that this rule is
categorically excluded pursuant to 23 CFR 771.118(c)(4). Categorical
exclusions are categories of actions that the agency has determined
normally do not significantly affect the quality of the human
environment and therefore do not require either an environmental
assessment (EA) or environmental impact statement (EIS).\30\ In
analyzing the applicability of a categorical exclusion (CE), the agency
must also consider whether
[[Page 28439]]
extraordinary circumstances are present that would warrant the
preparation of an EA or EIS.\31\ The Department's Operating
Administrations (OAs) may apply CEs established in another OA's
procedures.\32\ 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.'' \33\
This rulemaking, which delays the compliance date, from September 1,
2027 until September 1, 2028, of the December 2024 final rule for
compliance with amended pre-crash recording requirements for EDRs and
implements a four-year phase-in period for EDRs to meet the updated
data capture requirements, 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 FTA 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.
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\30\ See DOT Order 5610.1D Sec. 9.
\31\ Id. Sec. 9(b).
\32\ Id. Sec. 9(f).
\33\ Id.
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Paperwork Reduction Act
Under the procedures established by the Paperwork Reduction Act of
1995 (PRA) (44 U.S.C. 3501, et seq.), a Federal agency must request and
receive approval from the Office of Management and Budget (OMB) before
it collects certain information from the public, and a person is not
required to respond to a collection of information by a Federal agency
unless the collection displays a valid OMB control number.
NHTSA sought public comment on the reinstatement with modification
of the previously approved information collection (OMB Control No.
2127-0535) in the NPRM that was published on November 28, 2025 and
submitted an information collection request (ICR) to OMB for approval.
As OMB deferred review while NHTSA reviewed the comments to the NPRM,
NHTSA will be submitting the ICR for this final rule.
NHTSA's ICR describes the nature of the information collections and
their expected burden. This rule establishes new information collection
requirements for phase-in reporting and record retention requirements
related to EDRs. This collection requires manufacturers of passenger
cars, multipurpose passenger vehicles, trucks, and buses with a gross
vehicle weight rating of 3,855 kg (8,500 pounds) or less that are
equipped with EDRs to provide motor vehicle production data for the
following four years: September 1, 2028, to August 31, 2029; September
1, 2029, to August 31, 2030; September 1, 2030, to August 31, 2031; and
September 1, 2031, to August 31, 2032. Manufacturers annually submit a
report, and maintain records related to the report, concerning the
number of such vehicles that meet the EDR requirements of part 563
during the phase-in of those requirements. The purpose of the reporting
requirements are to aid the agency in determining whether a
manufacturer of vehicles equipped with EDRs has complied with the EDR
requirements during the phase-in of those requirements.
NHTSA did not receive any comments in response to the ICR but
received one comment to the rulemaking docket that pertains to the
information collection. This comment is discussed in full in the
preamble to this final rule, above. As described in the NPRM, NHTSA
estimates that the total annual hour burden is 22 hours. There has been
no change in the estimates for this final rule. The annual burden
involves the tasks of collection of the information required by the
annual report as well as placing the information in a form suitable for
record keeping and data retrieval. Because almost all the information
required is already recorded by the manufacturers as part of their
production control and tracking systems, a nominal assessment of half a
burden hour per respondent is estimated for data retrieval and report
preparation and half a burden hour per respondent for the record
keeping of the data. Therefore, NHTSA estimates that the average total
burden for submitting data will be 11 hours per year (22 manufacturers
x .5 hours = 11 hours) and estimates that the average total burden for
record retention will be 11 hours per year (22 manufacturers x .5 hours
= 11 hours). NHTSA estimates the labor costs associated with these
labor hours using hourly labor rates published by the Bureau of Labor
Statistics (BLS). BLS estimates that hourly wages represent
approximately 70.2 percent of total compensation for private industry
workers. For the labor costs associated with this ICR, NHTSA uses the
mean hourly wage of $40.64 per hour for ``Technical Writers''
(occupational code 27-3042) for the Motor Vehicle Manufacturing
Industry (Sectors 31, 32, and 33) and applies the 70.2 percent factor
to find the total compensation rate of $57.89 per hour ($40.64 per hour
divided by 0.705). The total annual labor cost associated with the
burden hours is estimated to be $1,273.58 (time burden of 22 hours x
$57.89 cost per hour). NHTSA estimates that there are no costs
associated with the information collection other than labor costs
associated with the burden hours. NHTSA will submit supporting
statements to OMB explaining this final rule's collection of
information.
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) that are developed or adopted by
voluntary consensus standards bodies, such as SAE. The NTTAA directs
agencies to provide Congress, through OMB, explanations when the agency
decides not to use available and applicable voluntary consensus
standards. The NTTAA requires agencies to use voluntary consensus
standards in lieu of government-unique standards except where
inconsistent with law or otherwise impractical. Though there are
voluntary consensus standards pertaining to EDRs, this rule does not
change aspects of part 563 for which there are voluntary consensus
standards.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of regulatory
actions that may result in the expenditure by a State, local, or Tribal
government, in the aggregate, or by the private sector of $206 million
(the value equivalent of $100 million in 1995, adjusted for inflation
to 2025) or more in any one year. This final rule does not contain
Federal mandates (under the regulatory provisions of Title II of the
UMRA) for
[[Page 28440]]
State, local and Tribal governments, or the private sector of $206
million or more in any one year. Thus, the analytical requirements of
the UMRA do not apply to this action.
Executive Order 13175
E.O. 13175, ``Consultation and Coordination With Indian Tribal
Governments'' (65 FR 67249, Nov. 6, 2000) requires Federal agencies to
consult and coordinate with Tribes on a government-to-government basis
on policies that have Tribal implications, including regulations,
legislative comments or proposed legislation, and other policy
statements or actions that have substantial direct effects on one or
more Indian Tribes, on the relationship between the Federal Government
and Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes. NHTSA has assessed
the impact of this rule on Indian Tribes and determined that this rule
would not have tribal implications that require consultation under E.O.
13175.
Privacy Act
Petitions for review of the final rule will be placed in the
docket. Anyone is able to search the electronic form of all documents
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 DOT's Privacy Program
website.\34\ To see the list of DOT's systems of records notices,
please visit https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices.
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\34\ U.S. Department of Transp. Privacy Policy, https://
www.transportation.gov/privacy (last updated Oct. 10, 2025).
---------------------------------------------------------------------------
Plain Language Requirement
E.O. 12866 and E.O. 13563 require each agency to write all rules in
plain language. Application of the principles of plain language
includes consideration of the following questions:
Have we organized the material to suit the public's needs?
Are the requirements in the rule clearly stated?
Does the rule contain technical language or jargon that is
not clear?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
Would more (but shorter) sections be better?
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the rule easier to
understand?
NHTSA has considered these questions and attempted to use plain
language in promulgating this final rule. If readers have suggestions
on how we can improve our use of plain language, please write us.
Regulation Identifier Number (RIN)
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 a year. You may use the RIN
contained in the heading at the beginning of this document to find this
action in the Unified Agenda.
List of Subjects
49 CFR Part 563
Motor vehicle safety, Motor vehicles, Reporting and recordkeeping
requirements.
49 CFR Part 585
Reporting and recordkeeping requirements.
In consideration of the foregoing, NHTSA amends 49 CFR Chapter V as
follows:
PART 563--EVENT DATA RECORDERS
0
1. The authority citation for part 563 continues to read as follows:
Authority: 49 U.S.C. 322, 30101, 30111, 30115, 30117, 30166,
30168; delegation of authority at 49 CFR 1.95.
0
2. Add Sec. 563.4 to read as follows:
Sec. 563.4 Certification for Phase-in.
(a) Vehicle certification information. At any time during the
production years ending August 31, 2029, August 31, 2030, August 31,
2031, and August 31, 2032, each manufacturer shall, upon request from
the Office of Vehicle Safety Compliance, provide information
identifying the vehicles (by make, model and vehicle identification
number) that have been equipped with EDRs meeting the requirements of
Sec. 563.7(a) and (b). The manufacturer's designation of a vehicle as
equipped with an EDR meeting these requirements is irrevocable.
(b) Vehicles produced by more than one manufacturer. For the
purpose of calculating average annual production of vehicles for each
manufacturer and the number of vehicles manufactured by each
manufacturer under Sec. 563.4(a), a vehicle produced by more than one
manufacturer shall be attributed to a single manufacturer as follows:
(1) A vehicle which is imported shall be attributed to the
importer.
(2) A vehicle manufactured in the United States by more than one
manufacturer, one of which also markets the vehicle, shall be
attributed to the manufacturer which markets the vehicle.
(c) Attributability by express written contract of vehicles
produced by more than one manufacturer. A vehicle produced by more than
one manufacturer shall be attributed to any one of the vehicle's
manufacturers specified by an express written contract, reported to the
National Highway Traffic Safety Administration under 49 CFR part 585,
between the manufacturer so specified and the manufacturer to which the
vehicle would otherwise be attributed under Sec. 563.4(b).
(d) Average annual production. For the purposes of calculating
average annual production of vehicles for each manufacturer and the
number of vehicles manufactured by each manufacturer under Sec.
563.4(a), only count vehicles to which this regulation is applicable as
specified Sec. 563.3 and are equipped with an EDR.
0
2. Amend Sec. 563.7 by revising Table I in paragraph (a) and Table II
in paragraph (b) to read as follows:
Sec. 563.7 Data elements.
(a) * * *
[[Page 28441]]
Table I to Sec. 563.7(a)--Data Elements Required for All Vehicles
Equipped With an EDR
------------------------------------------------------------------------
Recording interval/ Data sample
Data element time \1\ (relative rate (samples
to time zero) per second)
------------------------------------------------------------------------
Delta-V, longitudinal............. 0 to 250 ms or 0 to 100
End of Event Time
plus 30 ms,
whichever is
shorter.
Maximum delta-V, longitudinal..... 0-300 ms or 0 to End N/A
of Event Time plus
30 ms, whichever is
shorter.
Time, maximum delta-V............. 0-300 ms or 0 to End N/A
of Event Time plus
30 ms, whichever is
shorter.
Speed, vehicle indicated.......... -20 to 0 sec \4\.... \4\ 10
Engine throttle, % full (or -20 to 0 sec........ \4\ 10
accelerator pedal, % full).
Service brake, on/off............. -20 to 0 sec........ \4\ 10
Ignition cycle, crash............. -1.0 sec............ N/A
Ignition cycle, download.......... At time of download N/A
\3\.
Safety belt status, driver........ -1.0 sec............ N/A
Frontal air bag warning lamp, on/ -1.0 sec............ N/A
off \2\.
Frontal air bag deployment, time Event............... N/A
to deploy, in the case of a
single stage air bag, or time to
first stage deployment, in the
case of a multi-stage air bag,
driver.
Frontal air bag deployment, time Event............... N/A
to deploy, in the case of a
single stage air bag, or time to
first stage deployment, in the
case of a multi-stage air bag,
right front passenger.
Multi-event, number of event...... Event............... N/A
Time from event 1 to 2............ As needed........... N/A
Complete file recorded (yes, no).. Following other data N/A
------------------------------------------------------------------------
\1\ Pre-crash data and crash data are asynchronous. The sample time
accuracy requirement for pre-crash time is -0.1 to 1.0 sec (e.g., T =
1 would need to occur between -1.1 and 0 seconds.)
\2\ The frontal air bag warning lamp is the readiness indicator
specified in S4.5.2 of FMVSS No. 208 and may also illuminate to
indicate a malfunction in another part of the deployable restraint
system.
\3\ The ignition cycle at the time of download is not required to be
recorded at the time of the crash, but shall be reported during the
download process.
\4\ Except as provided in the following phase-in, for vehicles equipped
with an EDR manufactured before September 1, 2031, the required
recording interval is -5.0 to 0 sec relative to time zero and the
required data sample rate is 2 samples per second. For vehicles
manufactured on or after September 1, 2028 but before August 31, 2029,
25 percent of each manufacturer's vehicle production equipped with an
EDR must have the recording interval and data sample rate displayed in
this table. For vehicles manufactured on or after September 1, 2029
but before August 31, 2030, 50 percent of each manufacturer's vehicle
production equipped with an EDR must have the recording interval and
data sample rate displayed in this table. For vehicles manufactured on
or after September 1, 2030 but before August 31, 2031, 75 percent of
each manufacturer's vehicle production equipped with an EDR must have
the recording interval and data sample rate displayed in this table.
For vehicles equipped with an EDR manufactured before September 1,
2032 by a small-volume manufacturer or limited-line manufacturer, the
required recording interval is -5.0 to 0 sec relative to time zero and
the required data sample rate is 2 samples per second. For vehicles
equipped with an EDR manufactured before September 1, 2033 by
manufacturers producing altered vehicles or vehicles in two or more
stages, the required recording interval is -5.0 to 0 sec relative to
time zero and the required data sample rate is 2 samples per second.
(b) * * *
Table II to Sec. 563.7(b)--Data Elements Required for Vehicles Under Specified Minimum Conditions
----------------------------------------------------------------------------------------------------------------
Recording interval/time Data sample
Data element name Condition for requirement \1\ (relative to time rate (per
zero) second)
----------------------------------------------------------------------------------------------------------------
Lateral acceleration.................... If recorded \2\........... N/A....................... N/A
Longitudinal acceleration............... If recorded............... N/A....................... N/A
Normal acceleration..................... If recorded............... N/A....................... N/A
Delta-V, lateral........................ If recorded............... 0-250 ms or 0 to End of 100
Event Time plus 30 ms,
whichever is shorter.
Maximum delta-V, lateral................ If recorded............... 0-300 ms or 0 to End of N/A
Event Time plus 30 ms,
whichever is shorter.
Time maximum delta-V, lateral........... If recorded............... 0-300 ms or 0 to End of N/A
Event Time plus 30 ms,
whichever is shorter.
Time for maximum delta-V, resultant..... If recorded............... 0-300 ms or 0 to End of N/A
Event Time plus 30 ms,
whichever is shorter.
Engine rpm.............................. If recorded............... -20 to 0 sec \5\.......... \5\ 10
Vehicle roll angle...................... If recorded............... -1.0 up to 5.0 sec \3\.... 10
ABS activity (engaged, non-engaged)..... If recorded............... -20 to 0 sec \5\.......... \5\ 10
Stability control (on, off, or engaged). If recorded............... -20 to 0 sec \5\.......... \5\ 10
Steering input.......................... If recorded............... -20 to 0 sec \5\.......... \5\ 10
[[Page 28442]]
Safety belt status, right front If recorded............... -1.0 sec.................. N/A
passenger (buckled, not buckled).
Frontal air bag suppression switch If recorded............... -1.0 sec.................. N/A
status, right front passenger (on, off,
or auto).
Frontal air bag deployment, time to nth If equipped with a Event..................... N/A
stage, driver \4\. driver's frontal air bag
with a multi-stage
inflator.
Frontal air bag deployment, time to nth If equipped with a right Event..................... N/A
stage, right front passenger \4\. front passenger's frontal
air bag with a multi-
stage inflator.
Frontal air bag deployment, nth stage If recorded............... Event..................... N/A
disposal, driver, Y/N (whether the nth
stage deployment was for occupant
restraint or propellant disposal
purposes).
Frontal air bag deployment, nth stage If recorded............... Event..................... N/A
disposal, right front passenger, Y/N
(whether the nth stage deployment was
for occupant restraint or propellant
disposal purposes).
Side air bag deployment, time to deploy, If recorded............... Event..................... N/A
driver.
Side air bag deployment, time to deploy, If recorded............... Event..................... N/A
right front passenger.
Side curtain/tube air bag deployment, If recorded............... Event..................... N/A
time to deploy, driver side.
Side curtain/tube air bag deployment, If recorded............... Event..................... N/A
time to deploy, right side.
Pretensioner deployment, time to fire, If recorded............... Event..................... N/A
driver.
Pretensioner deployment, time to fire, If recorded............... Event..................... N/A
right front passenger.
Seat track position switch, foremost, If recorded............... -1.0 sec.................. N/A
status, driver.
Seat track position switch, foremost, If recorded............... -1.0 sec.................. N/A
status, right front passenger.
Occupant size classification, driver.... If recorded............... -1.0 sec.................. N/A
Occupant size classification, right If recorded............... -1.0 sec.................. N/A
front passenger.
Occupant position classification, driver If recorded............... -1.0 sec.................. N/A
Occupant position classification, right If recorded............... -1.0 sec.................. N/A
front passenger.
----------------------------------------------------------------------------------------------------------------
\1\ Pre-crash data and crash data are asynchronous. The sample time accuracy requirement for pre-crash time is -
0.1 to 1.0 sec (e.g., T = -1 would need to occur between -1.1 and 0 seconds.)
\2\ ``If recorded'' means if the data is recorded in non-volatile memory for the purpose of subsequent
downloading.
\3\ ``vehicle roll angle'' may be recorded in any time duration; -1.0 sec to 5.0 sec is suggested.
\4\ List this element n--1 times, once for each stage of a multi-stage air bag system.
\5\ Except as provided in the following phase-in, for vehicles equipped with an EDR manufactured before
September 1, 2031, the required recording interval is -5.0 to 0 sec relative to time zero and the required
data sample rate is 2 samples per second. For vehicles manufactured on or after September 1, 2028 but before
August 31, 2029, 25 percent of each manufacturer's vehicle production equipped with an EDR must have the
recording interval and data sample rate displayed in this table. For vehicles manufactured on or after
September 1, 2029 but before August 31, 2030, 50 percent of each manufacturer's vehicle production equipped
with an EDR must have the recording interval and data sample rate displayed in this table. For vehicles
manufactured on or after September 1, 2030 but before August 31, 2031, 75 percent of each manufacturer's
vehicle production equipped with an EDR must have the recording interval and data sample rate displayed in
this table. For vehicles equipped with an EDR manufactured before September 1, 2032 by a small-volume
manufacturer or limited-line manufacturer, the required recording interval is -5.0 to 0 sec relative to time
zero and the required data sample rate is 2 samples per second. For vehicles equipped with an EDR manufactured
before September 1, 2033 by manufacturers producing altered vehicles or vehicles in two or more stages, the
required recording interval is -5.0 to 0 sec relative to time zero and the required data sample rate is 2
samples per second.
PART 585--PHASE-IN REPORTING REQUIREMENTS
0
3. The authority citation for part 585 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
4. Add subpart P, consisting of Sec. Sec. 585.142 through 585.148, to
read as follows:
Subpart P--Event Data Recorders Phase-In Reporting Requirements
Sec.
585.142 Scope.
585.143 Purpose.
585.144 Applicability.
585.145 Definitions.
585.146 Response to inquiries.
585.147 Reporting requirements.
585.148 Records.
Subpart P--Event Data Recorders Phase-In Reporting Requirements
Sec. 585.142 Scope.
This subpart establishes requirements for manufacturers of
passenger cars, multipurpose passenger vehicles, trucks, and buses with
a GVWR of 3,855 kg (8,500 pounds) or less and an unloaded vehicle
weight of 2,495 kg (5,500 pounds) or less, except for walk-in van-type
trucks or vehicles designed to be sold exclusively to the U.S. Postal
Service, to submit a report per Sec. 585.147, and maintain records
related to the report according to Sec. 585.148, concerning the number
of such vehicles that meet the requirements of part 563, Event data
recorders (49 CFR 563).
Sec. 585.143 Purpose.
The purpose of these reporting requirements is to assist the
National Highway Traffic Safety Administration in determining whether a
manufacturer has complied with part 563 (49 CFR 563).
Sec. 585.144 Applicability.
This subpart applies to manufacturers of passenger cars,
multipurpose passenger vehicles, trucks, and buses with a GVWR of 3,855
kg (8,500 pounds) or less and an unloaded vehicle
[[Page 28443]]
weight of 2,495 kg (5,500 pounds) or less, except for walk-in van-type
trucks or vehicles designed to be sold exclusively to the U.S. Postal
Service, for which part 563 applies. However, this subpart does not
apply to vehicles excluded by Sec. 563.3 from the requirements of that
standard.
Sec. 585.145 Definitions.
Event data recorder (EDR) is used as defined in 49 CFR 563.5.
Sec. 585.146 Response to inquiries.
At any time during the production years ending August 31, 2029,
August 31, 2030, August 31, 2031, and August 31, 2032, each
manufacturer shall, upon request from the Office of Vehicle Safety
Compliance, provide information identifying the vehicles (by make,
model and vehicle identification number) that have been certified as
complying with part 563 (49 CFR 563). The manufacturer's designation of
a vehicle as a certified vehicle is irrevocable.
Sec. 585.147 Reporting requirements.
(a) General reporting requirements. Within 60 days after the end of
the production years ending August 31, 2029, August 31, 2030, August
31, 2031, and August 31, 2032, each manufacturer shall submit a report
to the National Highway Traffic Safety Administration concerning its
compliance with the event data recorder requirements of part 563 (49
CFR 563) for applicable vehicles produced in that year. Each report
shall:
(1) Identify the manufacturer;
(2) State the full name, title, and address of the official
responsible for preparing the report;
(3) Identify the production year being reported on;
(4) Contain a statement regarding whether or not the manufacturer
complied with the event data recorder data element capture requirements
of part 563 (49 CFR 563) for the period covered by the report and the
basis for that statement;
(5) Provide the information specified in paragraph (b) of this
section;
(6) Be written in the English language; and
(7) Be submitted to: Administrator, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE, West Building, Washington,
DC 20590.
(b) Report content--(1) Basis for phase-in production goals. Each
manufacturer must provide the number of passenger cars, multipurpose
passenger vehicles, trucks, and buses with a GVWR of 3,855 kg (8,500
pounds) or less and an unloaded vehicle weight of 2,495 kg (5,500
pounds) or less, except for walk-in van-type trucks or vehicles
designed to be sold exclusively to the U.S. Postal Service,
manufactured for sale in the United States for each of the most recent
three previous production years, or, at the manufacturer's option, for
the most recently ended production year that are equipped with an EDR.
A new manufacturer that has not previously manufactured these vehicles
for sale in the United States must submit a report at the end of the
initial production year for the number of such vehicles manufactured
during the initial production year.
(2) Production. Each manufacturer must report for the production
year for which the report is filed: the number of passenger cars,
multipurpose passenger vehicles, trucks, and buses with a GVWR of 3,855
kg (8,500 pounds) or less and an unloaded vehicle weight of 2,495 kg
(5,500 pounds) or less, except for walk-in van-type trucks or vehicles
designed to be sold exclusively to the U.S. Postal Service, that are
equipped with an EDR and that do and do not have the recording interval
and data sample rate displayed in Table I to Sec. 563.7(a) or Table II
to Sec. 563.7(b) (49 CFR 563.7).
(3) Vehicles produced by more than one manufacturer. Each
manufacturer whose reporting of information is affected by one or more
of the express written contracts permitted by Sec. 563.4(c) must:
(i) Report the existence of each contract, including the names of
all parties to the contract, and explain how the contract affects the
report being submitted.
(ii) Report the actual number of vehicles covered by each contract.
Sec. 585.148 Records.
Each manufacturer must maintain records of the Vehicle
Identification Number for each vehicle for which information is
reported under Sec. 585.147 until December 31, 2033.
Issued under authority delegated in 49 CFR 1.95.
Jonathan Morrison,
Administrator.
[FR Doc. 2026-09849 Filed 5-15-26; 8:45 am]
BILLING CODE 4910-59-P