[Federal Register Volume 91, Number 146 (Friday, July 31, 2026)]
[Notices]
[Pages 48485-48491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-15483]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2026-1552]
AV Framework Updates and Request for Comments on Interim Guidance
AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation (Department or DOT).
ACTION: Notice of updates; request for comments.
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SUMMARY: In April 2025, DOT and NHTSA announced a new automated vehicle
framework designed to prioritize safety, promote innovation, foster
American ingenuity, and remove regulatory barriers to the advancement
of automated driving system technologies. This notice furthers NHTSA's
implementation of this framework by requesting public comment on
interim guidance for commercial deployment exemptions for automated
vehicles. This notice also summarizes NHTSA's other recent activity
relating to the AV Framework.
DATES: Comments are requested on or before August 31, 2026.
ADDRESSES: You may submit comments identified by the docket number in
the heading of this document through any of the following methods:
[[Page 48486]]
Electronic submissions: Go to the Federal eRulemaking
Portal at http://www.regulations.gov. Follow the online instructions
for submitting comments.
Fax: (202) 493-2251.
Mail or Hand Delivery: Docket Management, 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., Monday through
Friday, except on Federal holidays. To be sure someone is there to help
you, please call (202) 366-9826 or (202) 366-9317 before coming.
Instructions: All submissions must include the agency name and
docket number for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
Privacy Act: 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.). 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/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.
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
Public Participation heading of the SUPPLEMENTARY INFORMATION section
of this document.
FOR FURTHER INFORMATION CONTACT: Andrew Magaletti, Rulemaking Office of
Automation Safety by email: [email protected], or phone: (202)
366-2190, 1200 New Jersey Ave. SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION: On April 24, 2025, DOT and NHTSA announced a
new automated vehicle (AV) framework as part of the Department's
broader transportation innovation agenda. This framework solidified
that advanced vehicle technologies, such as automated driving systems
(ADS), are a key priority of the agency. The framework is rooted in
three principles: (1) prioritize the safety of ongoing AV operations on
public roads; (2) unleash innovation by removing unnecessary regulatory
barriers; and (3) enable the commercial deployment of AVs to enhance
safety and mobility for the American public.\1\ This notice summarizes
NHTSA's work on the AV Framework over the last year and requests
comment on interim guidance for commercial deployment exemptions.
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\1\ See U.S. Dept. of Transp., Trump's Transportation Secretary
Sean P. Duffy Unveils New Automated Vehicle Framework as Part of
Innovation Agenda (Apr. 24, 2025), available at https://www.transportation.gov/briefing-room/trumps-transportation-secretary-sean-p-duffy-unveils-new-automated-vehicle-framework.
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I. Interim Guidance Concerning Commercial Deployment Exemptions
On June 13, 2025, NHTSA announced improvements to the process for
adjudicating exemptions under 49 U.S.C. 30113 (``General Exemptions'').
General Exemptions issued under section 30113 are for more general
purposes than exemptions issued under section 30114(a). Specifically,
these General Exemptions, which are implemented in NHTSA's regulations
in 49 CFR part 555, allow manufacturers to produce and sell vehicles to
consumers or otherwise commercially deploy vehicles that do not comply
with all applicable FMVSS. Applications for General Exemptions under
section 30113 may be made on one or more of four bases specified in the
statute. The four bases are: (1) ``compliance with the standard would
cause substantial economic hardship to a manufacturer that has tried to
comply with the standard in good faith;'' (2) ``the exemption would
make easier the development or field evaluation of a new motor vehicle
safety feature providing a safety level at least equal to the safety
level of the standard;'' (3) ``the exemption would make the development
or field evaluation of a low-emission motor vehicle easier and would
not unreasonably lower the safety level of that vehicle;'' or (4)
``compliance with the standard would prevent the manufacturer from
selling a motor vehicle with an overall safety level at least equal to
the overall safety level of nonexempt vehicles.'' \2\ Requests for
General Exemptions of ADS-equipped vehicles have typically invoked at
least one of the last three bases.
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\2\ See 49 U.S.C. 30113(b)(3)(B).
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Section 30113 requires specific procedures and findings when
administering General Exemptions. Specifically, NHTSA must publish a
notice announcing receipt of an application for exemption, provide an
opportunity for public comment, and publish a decision notice. NHTSA
may grant a General Exemption on terms it considers appropriate if it
finds that the exemption meets one of the four statutory bases and that
granting the exemption would be consistent with the public interest and
the Safety Act. Both the statute (49 U.S.C. 30113) and NHTSA's
implementing regulations (49 CFR part 555) also require specified
information to accompany an application for a General Exemption.
In reviewing the exemption process after announcing the AV
Framework, NHTSA recognized there are opportunities to expedite the
process and streamline reviews for ADS-equipped vehicles. As part of
the AV Framework, NHTSA announced two types of improvements to its
General Exemption processing times substantially to keep pace with
innovation and ensure that General Exemptions remain effective tools.
To modernize the part 555 process, NHTSA focused on key areas that
previously have experienced prolonged review times. In particular,
because most ADS operations evolve over time as the technology matures,
their operations do not easily translate to static terms and conditions
for the entire lifespan of an exempted vehicle. In addition, processing
applications for ADS-equipped vehicles typically has required extensive
follow-up with applicants. NHTSA developed process improvements to
mitigate each of these issues.
First, NHTSA adopted a more dynamic and flexible approach to
evaluating and overseeing General Exemptions involving ADS. NHTSA's
traditional approach to processing part 555 applications has proven
inadequate for adjudicating applications involving ADS-equipped
vehicles in a timely manner. As announced in the June 2025 letter,
NHTSA has adopted a new approach to adjudicating these exemption
requests. Under this new approach, the terms and conditions issued at
the time of a General Exemption grant will create a foundation for more
specific and flexible terms that govern the particular operations of
the exempted vehicles.
NHTSA may issue exemptions under 49 U.S.C. 30113 ``on terms the
Secretary considers appropriate.'' Historically, NHTSA has applied
terms and conditions to the grant of a General Exemption infrequently
and, when it did so, only established a single set of static terms and
conditions that would
[[Page 48487]]
apply for the lifespan of exempted vehicles. However, the statute does
not require the terms issued by NHTSA to be static or otherwise
prescribe how those terms must be implemented. To the contrary, the
statute affords NHTSA the discretion to determine what types of terms
and conditions are ``appropriate'' in satisfying the findings required
for an exemption and furthering the purposes of the Safety Act. During
the process of applying traditional General Exemption practices to more
recent applications involving ADS-equipped vehicles, NHTSA has found
that establishing a single set of static terms and conditions that
would apply to ADS-equipped vehicles throughout their lifespan is often
impractical and inefficient. Static terms also do not always
effectively promote motor vehicle safety because they cannot account
for the dynamic nature of ADS technologies. Particularly at an early
stage in the development of an ADS, capabilities can improve
dramatically as the technology improves and operational design domains
are updated over the lifespan of a particular vehicle or generation of
vehicles. What may start as a small low-speed deployment in a localized
area can expand over time to include entirely different capabilities.
Therefore, terms and conditions for ADS-equipped vehicles may need to
evolve as the technology changes or as safety issues arise.
Accordingly, NHTSA has improved its approach to developing terms
that are appropriate for General Exemptions involving ADS-equipped
vehicles. This improved oversight structure provides the needed
flexibility and can be applied when NHTSA believes that such oversight
is necessary or appropriate. This oversight structure would be
established via a permanent term or condition in the Federal Register
decision notice, which subjects the exempted vehicles to continued
operational oversight as outlined in operational terms and conditions
in an operational authorization.
Within the oversight structure, operational authorizations would be
tailored to the individual manufacturer and the ADS's existing
capabilities. The first operational authorization would be issued at
the same time that the grant notice is published in the Federal
Register and would contain initial operational terms and conditions.
The manufacturer would be able to begin manufacturing and commercially
deploying vehicles immediately consistent with the terms and conditions
of the initial authorization. The operational permissions could later
be modified via additional operational authorizations, such as after a
manufacturer requests a change. This approach gives NHTSA flexibility
to change operational terms quickly, such as by expanding the scope of
the operational permission as the ADS continues to develop, and allows
the exemption to mirror real-world ADS development, which often starts
with smaller, more limited operations, before expanding over time.
This approach also enables NHTSA to process General Exemption
applications more quickly by allowing the agency to rely on an
adaptable oversight framework. In turn, NHTSA's initial review can
focus on the current capabilities of the vehicles rather than
developing specific terms and conditions that anticipate possible
future changes. This improvement also builds on processes that have
proven effective for ADS in Special Exemptions issued under NHTSA's
Automated Vehicle Exemption Program (AVEP). Because these process
improvements relate to the way that NHTSA administers General
Exemptions, NHTSA began implementing these improvements immediately
upon the June 2025 announcement. Since then, NHTSA has applied these
process improvements to the review of General Exemption petitions.
Second, NHTSA has published interim guidance in the docket and on
its website that is intended to help prospective applicants better
understand the General Exemption process and anticipate the information
likely to assist with NHTSA's review of an application.\3\ In the past,
processing times for applications for ADS-equipped vehicles were often
lengthened by extensive follow-up with applicants. To mitigate this,
NHTSA developed interim guidance to help manufacturers more clearly
understand the type of information that would be most helpful to the
agency when evaluating an application. This interim guidance is
intended to reduce the need for extensive follow-up, reducing burden on
both the applicants and NHTSA.
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\3\ See NHTSA, Interim Part 555 Guidance and Enhanced
Application Instructions, available at https://www.nhtsa.gov/part-555-guidance-and-enhanced-application-instructions.
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The interim guidance provides more detail about what types of
information would be most helpful to the agency, how NHTSA reviews each
of the possible grounds for a General Exemption, and whether the
exemption furthers the public interest. Although the interim guidance
is intended to help all part 555 applicants, it is expected to be
especially helpful to manufacturers seeking exemptions for ADS-equipped
vehicles because it contains a section dedicated to the information
likely to be useful in NHTSA's review of applications for ADS-equipped
vehicles.
NHTSA is requesting public comment on the interim guidance and
would particularly welcome comments on how the interim guidance could
be improved to help prospective applicants understand the types of
information that would be most helpful to include in a General
Exemption application. NHTSA also welcomes comments on any other
aspects of the General Exemption process that could be improved, even
if they are not referenced in the interim guidance. In particular,
NHTSA is interested in feedback regarding changes that could be made,
such as changes in the way that NHTSA adjudicates the applications or
changes in its regulations that could be made under NHTSA's existing
statutory authority in section 30113.
II. Additional NHTSA Activities
Since releasing the AV Framework in April 2025, NHTSA has: (1)
expanded the Automated Vehicle Exemption Program to include vehicles
built in the United States; (2) streamlined its Standing General Order
on crash reporting for vehicles equipped with automated driving systems
and certain advanced driver assistance systems to sharpen the focus on
critical safety information while removing unnecessary and duplicative
requirements; (3) launched multiple rulemakings to modernize the
Federal Motor Vehicle Safety Standards for ADS-equipped vehicles; (4)
announced the commencement of work to establish ADS performance
requirements; and (5) engaged extensively with stakeholders to develop
a foundation for future updates to the framework.
a. Expanded Exemption Opportunities for Domestic Vehicles
Concurrently with the announcement of the AV Framework, on April
24, 2025, NHTSA expanded the exemption opportunities for vehicles
manufactured in the United States by announcing that the agency would
consider applications for those vehicles to receive exemptions under 49
U.S.C. 30114(a).\4\ This expansion covers all types of motor vehicles
and motor vehicle equipment manufactured in the United States. NHTSA
expects the expansion to
[[Page 48488]]
promote the development of vehicle automation technology in the United
States because these exemptions are particularly well suited for ADS
research.
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\4\ See Open Letter from Peter Simshauser, NHTSA Chief Counsel
(Apr. 24, 2025), available at https://www.nhtsa.gov/sites/nhtsa.gov/files/2025-04/automated-vehicle-exemption-program-domestic-exemptions-2025.pdf.
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As a result of this expansion, exemptions for ADS-equipped vehicles
built in the United States are now available through AVEP, which
administers section 30114(a) exemptions (``Special Exemptions'') for
ADS-equipped vehicles. Section 30114(a) authorizes NHTSA to administer
special exemptions for vehicles that do not comply with Federal Motor
Vehicle Safety Standards (FMVSS), as long as they meet one of seven
particular purposes: research, investigations, demonstrations,
training, competitive racing events, show, or display. Historically,
NHTSA only administered these exemptions for vehicles imported into the
United States. This is because the regulations NHTSA issued to
implement its authority in section 30114(a) are specific to imported
vehicles.
At the outset of developing the AV Framework, NHTSA recognized that
restricting Special Exemptions to imported vehicles unintentionally
provided certain companies who manufacture vehicles abroad with more
avenues for innovation than companies that build vehicles in the United
States. This is because Special Exemptions are particularly useful for
research and development activities, and companies frequently use these
exemptions to test novel technologies in prototype vehicles. The AVEP
exemption process is designed to be agile and streamlined to facilitate
ADS operations that involve vehicles not engaged in commercial
deployments. With the growth of vehicle automation in recent years,
Special Exemptions have increasingly been used for research and
demonstration operations involving imported ADS-equipped vehicles.
Through AVEP, from 2016 through 2025, NHTSA processed and issued
Special Exemptions for more than 460 imported ADS-equipped vehicles for
operations in over 360 projects across 31 States. These exemptions were
issued to over 40 applicants operating in more than 130 cities across
the United States. As ADS technologies continued to progress, the
availability of a streamlined exemption path only for imported vehicles
increasingly posed an obstacle to many companies establishing research
or manufacturing operations in the United States.
To remove such barriers to American innovation quickly, as a first
step of the AV Framework, NHTSA announced that it would begin
considering requests for Special Exemptions for domestic vehicles under
section 30114(a). Although NHTSA expects this expansion to promote ADS-
equipped vehicles, the expansion applies to all motor vehicles or motor
vehicle equipment manufactured in the United States, not just those
equipped with an ADS. Since this announcement in April 2025, NHTSA has
received and granted Special Exemption requests for ADS-equipped
vehicles manufactured in the United States.\5\ NHTSA has also announced
the commencement of rulemaking process to codify this domestic
exemption pathway.\6\
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\5\ See NHTSA, NHTSA Issues First-Ever Demonstration Exemption
to American-Built Automated Vehicles, (Aug. 6, 2025), available at
https://www.nhtsa.gov/press-releases/nhtsa-issues-first-ever-demonstration-exemption-american-built-automated-vehicles.
\6\ See Spring 2025 Unified Agenda of Regulatory and
Deregulatory Actions, Dept. of Transp., RIN 2127-AM14, Expansion of
Temporary Exemption Program to Domestic Manufacturers for Research,
Demonstrations, and Other Purposes, available at https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=2127-AM14.
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NHTSA adjudicates domestic applications consistent with how the
agency reviews and oversees Special Exemptions under the agency's AVEP
and Box 7 programs. In general, upon receipt of an application, NHTSA
typically engages in iterative follow-up with an applicant. At the end
of the agency's review, NHTSA issues a decision to the applicant in the
form of a letter. If the exemption is granted, this letter contains the
terms and conditions that govern the exemption. Entities interested in
submitting such requests are encouraged to contact the Automation
Exemptions Division of NHTSA's Office of Automation Safety at
[email protected] for more information.
In addition, NHTSA has developed an application template to assist
with the submission of requests for Special Exemptions for vehicles
built in the United States. The template can be found at: https://vpic.nhtsa.dot.gov/mfrportal/SpecialExemptions-Veh_Checklist_2025-05-19.pdf. It lists information that NHTSA has found helpful when
reviewing Special Exemptions requests for ADS-equipped vehicles.
Although use of the template is not required, providing the listed
information may help NHTSA process an application more efficiently. As
mentioned previously, NHTSA is also continuing to develop a proposed
rule to codify its procedures for Special Exemptions involving vehicles
built in the United States.
b. Streamlined Crash Reporting
Upon the announcement of the AV Framework, on April 24, 2025, NHTSA
also issued an amendment to Standing General Order 2021-01 (SGO), which
requires specified entities to report alleged crashes involving their
ADS or certain Advanced Driver Assistance Systems (ADAS) within a
specified amount of time after learning about them.\7\ This amendment
took effect starting with the reporting period that began on June 16,
2025.
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\7\ See NHTSA, In re: Third Amended Standing General Order 2021-
01, Incident Reporting for Automated Driving Systems (ADS) and Level
2 Advanced Driver Assistance Systems (ADAS) (Apr. 24, 2025),
available at https://www.nhtsa.gov/sites/nhtsa.gov/files/2025-04/third-amended-SGO-2021-01_2025.pdf.
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NHTSA issued the SGO as an enforcement tool, to ensure the agency
timely learns of certain crashes involving ADS or ADAS. Prior to the
SGO, no such reporting requirement existed, and NHTSA learned of
automation crashes in an ad hoc manner, such as through media reports,
referrals from law enforcement or other local entities, or companies
voluntarily notifying NHTSA of a crash. The SGO provides consistency
and timeliness to crash reports, enabling NHTSA to follow-up with
companies about incidents quickly, review for trends in crash data, and
open formal investigations when necessary. The SGO has been effective
in achieving these goals, but after years of reviewing and acting on
SGO data, NHTSA identified many aspects of the reporting for which
improvements were possible to help NHTSA more efficiently investigate
crashes and avoid imposing burdens on companies with little
corresponding safety benefit.
NHTSA's website contains a more detailed summary of the differences
between the current and prior versions of the SGO.\8\ In general, the
most recent third amendment was designed to streamline and refine some
of the SGO's reporting requirements to help NHTSA focus on the types of
crashes most likely to require agency review, as well as to reduce
unnecessary and duplicative reporting burdens. The majority of crashes
reportable under prior versions of the SGO remain reportable after the
latest amendment. However, NHTSA's experience reviewing prior SGO
reports indicated that certain types of crashes seldom led to agency
follow-up or otherwise occurred in circumstances in
[[Page 48489]]
which the vehicle automation system was unlikely to have contributed
meaningfully to the crash. Removing those types of crashes from the
reporting data helps NHTSA to pinpoint the crashes that most
necessitate closer review. The third amendment also made other
important changes to eliminate certain requirements that imposed
reporting burdens with little corresponding safety benefit to the
agency from the information. Examples of those include eliminating the
need for multiple entities to report the same crash and no longer
requiring reports from entities every month even when an entity does
not have any crashes to report in the month. Finally, the third amended
SGO updated some of the timeframes in which reports were required, to
align with the agency's review and follow-up timeframes more
effectively, as well as refreshed the list of entities responsible for
reporting.
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\8\ See NHTSA, Standing General Order on Crash Reporting, FAQ:
What are some of the differences between the second and third
amended versions of the General Order?, available at https://www.nhtsa.gov/laws-regulations/standing-general-order-crash-reporting.
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NHTSA began receiving reports under the third amended SGO in June
2025. From this time through the end of 2025, NHTSA received reports of
517 alleged crashes involving ADS and 787 alleged crashes involving
Level 2 ADAS. NHTSA regularly follows up with entities about the
crashes they report. Since the third amended SGO took effect in June
2025 through July 2026, NHTSA's engagement with entities has
contributed to the opening of seven formal investigations and prompted
seven recalls. NHTSA publishes on its website the crash reports
received under the SGO.\9\ NHTSA is developing a proposed rule to
codify the SGO reporting requirements into NHTSA's regulations.\10\
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\9\ See NHTSA, Standing General Order on Crash Reporting:
Download Summary Incident Report Data, available at https://www.nhtsa.gov/laws-regulations/standing-general-order-crash-reporting.
\10\ See Spring 2025 Unified Agenda of Regulatory and
Deregulatory Actions, Dept. of Transp., RIN 2127-AM63, Incident
Reporting Requirements for Automated Driving Systems and Level 2
Advanced Driver Assistance Systems, available at https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=2127-AM63.
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c. FMVSS Modernization
As part of the AV Framework, NHTSA has initiated multiple
rulemakings to modernize the FMVSS for ADS-equipped vehicles. These
regulatory actions are designed to ensure that safety standards, many
of which were written decades ago for human-driven vehicles, remain
current and do not pose unnecessary regulatory barriers to the
development and deployment of innovative new vehicle designs,
particularly those lacking traditional manual controls. On March 16,
2026, NHTSA published two NPRMs proposing to amend the FMVSS to address
the applicability of the standards to ADS-equipped vehicles without
manual controls. These rulemakings span FMVSS No. 102, ``Transmission
shift position sequence, starter interlock and transmission braking
effect,'' \11\ FMVSS No. 103, ``Windshield defrosting and defogging
systems,'' and FMVSS No. 104, ``Windshield wiping and washing
systems.'' \12\ For FMVSS No. 102, NHTSA is proposing to modify the
standard to except vehicles equipped with ADS that do not have manually
operated driving controls from the requirement for a transmission shift
position display.
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\11\ NHTSA, Federal Motor Vehicle Safety Standards;
Modernization of FMVSS No. 102 To Accommodate ADS-Equipped Vehicles,
91 FR 12532 (Mar. 16, 2026).
\12\ NHTSA, Federal Motor Vehicle Safety Standards;
Modernization of FMVSS No. 103 and FMVSS No. 104 To Accommodate ADS-
Equipped Vehicles; Incorporation by Reference, 91 FR 12537 (Mar. 16,
2026).
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In addition, NHTSA proposed modifications to FMVSS Nos. 103 and 104
to except from the standards vehicles equipped with ADS that do not
have manually operated driving controls. This latter rulemaking would
remove unnecessary regulatory burdens and costs associated with systems
intended to provide visibility for a person driving the vehicle. On
April 1, 2026, NHTSA published another, similar proposal to amend FMVSS
No. 110, ``Tire selection and rims and motor home/recreation vehicle
trailer load carrying capacity information for motor vehicles with a
GVWR of 4,536 kilograms (10,000 pounds) or less.'' \13\ The proposed
modification would amend a single section of the standard to enable
compliance by affixing the required placard on the left side of the
vehicle when there is not a ``driver's side'' for vehicles equipped
with ADS that do not have manually operated driving controls. In June
2026, NHTSA proposed to amend FMVSS No. 135, ``Light vehicle brake
systems'' to distinguish how its requirements apply to vehicles with
and without manually operated driving controls.\14\ These proposed
modifications would clarify definitions, telltale requirements,
performance requirements, and test procedures in the standard and
remove sections that are no longer relevant. Each of these rulemakings
would maintain the level of safety performance required by the current
standard. NHTSA has several additional rulemakings underway to maintain
safety performance while removing unnecessary regulatory barriers.
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\13\ NHTSA, Federal Motor Vehicle Safety Standards;
Modernization of FMVSS No. 110 To Accommodate ADS-Equipped Vehicles,
91 FR 16172 (Apr. 1, 2026).
\14\ NHTSA, Federal Motor Vehicle Safety Standards;
Modernization of FMVSS No. 135 To Accommodate ADS- Equipped
Vehicles, 91 FR 38593 (Jun. 26, 2026).
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d. ADS Performance Requirements
On March 10, 2026, NHTSA announced the commencement of a rulemaking
process to establish performance requirements for ADS, which is
expected to culminate in establishment of one or more FMVSS. As an
FMVSS, performance requirements would need to meet the need for motor
vehicle safety, be practicable, and be stated in objective terms.\15\
Test procedures for an FMVSS would also need to be objective and enable
the manufacturer to ensure that the vehicle meets the standard's
requirements.
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\15\ See 49 U.S.C. 30111.
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e. Other Activities
Leading up to and since the announcement of the AV Framework, NHTSA
has continuously engaged in a robust dialogue with stakeholders about a
wide spectrum of issues pertaining to the advancement and oversight of
vehicle automation. Through this dialogue, NHTSA has sought to identify
opportunities to encourage vehicle safety improvements and understand
potential regulatory barriers to the growth of ADS technologies in the
United States. Such engagement has helped NHTSA identify prospective
regulatory actions and established a strong foundation upon which
future actions under the AV Framework will be charted.
NHTSA's stakeholder engagement in 2025 culminated in a public
meeting held from November 20-21, 2025 on NHTSA's safety research
portfolio. The first day of the public meeting consisted of an ADS
workshop, which included NHTSA overviews of important agency programs
and activities involving ADS, as well as roundtable discussions
centered around nine topics of interest: (1) exemptions: AVEP and part
555; (2) emergency responder interactions; (3) FMVSS modernization
recommendations for ADS purpose-built vehicles (PBVs); (4) incident and
data reporting; (5) State and local jurisdictional concerns; (6) near-
term ADS performance assessment; (7) safety case components; (8)
general desires and concerns relating to ADS regulation; and (9) other
DOT modal discussions. NHTSA's website contains more information about
this public meeting,
[[Page 48490]]
including recordings of many of the agency's presentations.\16\
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\16\ See NHTSA Safety Research Portfolio Public Meeting: Fall
2025, available at https://www.nhtsa.gov/events/nhtsa-safety-research-portfolio-public-meeting-fall-2025#86141.
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On December 11, 2025, NHTSA released the fourth volume of a
research effort entitled ``FMVSS Considerations for Vehicles with
Automated Driving Safety.'' \17\ This research concluded a multi-year
initiative to identify existing FMVSS that pose potential obstacles for
certain ADS technologies or for which conformity challenges exist for
innovative new vehicle designs equipped with ADS. The research
presented options for technical translations of select FMVSS and their
test procedures to account better for ADS-dedicated vehicles, including
those that lack manually operated driving controls. The final report
spanned 23 FMVSS including the braking and electronic stability control
(ESC) test methods for FMVSS Nos. 135 and 126; the heavy braking and
ESC requirements associated with FMVSS Nos. 105, 121, and 136; the
technical translations of FMVSS Nos. 122, 122a, 123, 131, 223, 224,
403, 404, and CFR part 571 subpart A; and potential unconventional
seating barriers associated with FMVSS Nos. 201, 202a, 207, 209, 210,
214, 216a, 219, and 226. This research built on extensive engagement
with a variety of stakeholders, research team experts, and subject
matter experts. Upon the publication of this research, NHTSA published
a notice in the Federal Register requesting comment on whether any
changes have occurred in industry, product plans, new concepts that may
have impacted the scope of the documented effort, and whether other
issues may have been identified or newly emerged since the effort was
carried out.\18\ The comment period for the technical translation
research notice closed on February 13, 2026.
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\17\ See Stowe, Loren et al., FMVSS Considerations for Vehicles
With Automated Driving Systems: Volume 4 (2025), available at
https://doi.org/10.21949/hq4a-6m74.
\18\ See NHTSA, Technical Translation Research; Request for
Comment, 90 FR 58087 (Dec. 15, 2025).
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Next, on January 23, 2026, NHTSA published a notice and request for
comments on a proposed Global Technical Regulation (GTR) for ADS.\19\
The draft GTR included provisions regarding the following:
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\19\ NHTSA, Notice and Request for Comment; Proposal for a New
United Nations Global Technical Regulation on Automated Driving
Systems (ADS), 91 FR 2994 (Jan. 23, 2026).
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General Requirements for ADS-equipped vehicles: including
requirements for the ADS to perform the Dynamic Driving Task, or DDT;
The safety of interactions between the User and ADS;
Manufacturer requirements, including the overall Safety
Management System under which the ADS was developed;
The testing system and environment that the manufacturer
used to qualify the safe operation of the ADS;
Requirements for the submission of a valid Safety Case for
the ADS; and
Post-deployment monitoring capabilities.
NHTSA sought comments on the draft GTR to help inform the position
of the United States, including how the position could relate to any
future actions regarding the safety and performance of ADS. The comment
period for the GTR notice closed on March 10, 2026.
The GTR and the complementary U.N. Regulation were adopted on
Wednesday, June 24, 2026, with the United States joining China, Japan,
and Europe in voting in favor of the measure. This action marks the
world's first unified, global regulatory framework for fully
driverless, highly automated vehicles (SAE Level 4 and Level 5).
Because major markets--including the European Union, China, the United
States, Japan, the United Kingdom, and Canada--strongly backed and
endorsed this GTR, this action offers stakeholders a standardized
global roadmap and offers the potential for manufacturers to scale
development pipelines across borders without rebuilding the fundamental
safety and validation framework for every country.
Finally, NHTSA held a public meeting on March 10, 2026, to further
the agency's dialogue with stakeholders regarding the Automated Vehicle
(AV) Framework.\20\ This meeting built upon the foundational technical
discussions from the November 2025 ADS workshop and focused on
identifying specific pathways for the domestic development and testing
of Automated Driving Systems. The morning session featured keynote
addresses from DOT leadership concerning current agency activities and
the strategic direction of the AV Framework. The event also featured a
robust discussion between NHTSA's administrator and AV CEOs from
Aurora, Waymo, and Zoox. The afternoon session transitioned into an
interactive workshop where NHTSA obtained granular stakeholder input on
three primary pillars: (1) enhancing public road safety for current ADS
operations; (2) identifying and mitigating regulatory barriers to
innovation; and (3) establishing frameworks for commercial deployment
to improve public mobility. Updates and additional details on the
working group topics are posted at https://www.nhtsa.gov/events/av-public-meeting-2026. This engagement is designed to inform the agency's
future guidance and potential rulemaking actions as it refines its
oversight of evolving vehicle technologies. NHTSA opened a public
docket (No. NHTSA-2026-0265) to receive written comments through April
10, 2026, ensuring that the insights gathered from both the meeting
participants and the broader public are integrated into the agency's
next steps under the AV Framework. The feedback received through these
forums has informed NHTSA's subsequent engagement with stakeholders,
including fostering dialogue with State and local regulators about how
to strengthen coordination across the jurisdictional landscapes and
minimize burdens from overlapping regulatory requirements.
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\20\ NHTSA, NHTSA Automated Vehicle Safety Public Meeting: March
2026, 91 FR 5801 (Feb. 9, 2026).
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III. Public Participation
As NHTSA implements its AV Framework, NHTSA will continue to seek
out and welcome public input. Although NHTSA is requesting comments on
the interim part 555 Guidance and Enhanced Application Instructions
specifically, NHTSA also welcomes suggestions for other future actions
that will allow the U.S. to continue to lead the way toward the safe
deployment of automated vehicles.
How do I prepare and submit comments?
Your comments must be written and in English. To ensure that your
comments are correctly filed in the docket, please include the docket
number indicated in this document in your comments.
Your comments must not be more than 15 pages long (49 CFR 553.21).
NHTSA 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 submitted be scanned using an
Optical Character Recognition (OCR) process, thus allowing NHTSA to
search and copy certain portions of your submissions.
[[Page 48491]]
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 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 section 512.8; and a
certificate, pursuant to section 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 section 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 section 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 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 Andrew Magaletti at [email protected].
Will the Agency consider late comments?
We will consider all comments received before the close of business
on the comment closing date indicated above under DATES. To the extent
possible, we will also consider comments that the docket receives after
that date.
How can I read the comments submitted by other people?
You may read the materials placed in the docket for this document
(e.g., the comments submitted in response to this document by other
interested persons) at any time by going to http://www.regulations.gov.
Follow the online instructions for accessing the dockets. You may also
read the materials at the Docket Management Facility by going to the
street address given above under ADDRESSES. The Docket Management
Facility is open between 9 a.m. and 5 p.m. Eastern Time, Monday through
Friday, except Federal holidays.
Please note that even after the comment closing date, we will
continue to file relevant information on 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.
Issued under authority delegated in 49 CFR 1.95.
Jonathan Morrison,
Administrator.
[FR Doc. 2026-15483 Filed 7-30-26; 8:45 am]
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