Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received an advanced notice of proposed rulemaking (ANPRM) from the DOT’s National Highway Transportation Safety Administration (NHTSA) concerning “Safety Principles for Automated Driving Systems”.
According to the Spring 2020 Unified Agenda abstract for this rulemaking:
“This notice solicits comments on regulatory approaches to motor vehicles equipped with Automatic Driving System (ADS). The agency seeks public comments on the creation of a safety framework for objectively and transparently assessing and validating the success of each ADS vehicle or developer in designing safety into its vehicles. More specifically, it asks commenters about developing and establishing a regulatory approach such as amending Federal Motor Vehicle Safety Standards (FMVSS) or developing alternative safety regulations relating to ADS vehicle performance.”
Commentary
We are starting to get to that point in time where we have to consider whether the current Administration’s OMB will complete action on this rulemaking. In the normal course of events, it would not be beyond ‘reasonable’ for OIRA action on this rulemaking to be delayed beyond January 21st, 2021. If Biden is elected, I do not expect that this would be one of the rulemakings that the Trump Administration would try to press through to early, lame duck approval.
On the other hand, if this ANPRM were to be published before
January 21st, I do not expect that there would be any serious
opposition to the continuation of the rulemaking in the Biden Administration.
In short, this is an issue that the Federal government is going to have to
address in the regulatory near term. The face of the final rule would almost certainly
be different under Trump or Biden administrations, but this early stage of the
rulemaking is more about collecting information than actually regulating.
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