Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking (NPRM) from the DOT’s National Highway Transportation Safety Administration (NHTSA) on “Modernization of FMVSS 108 to Accommodate ADS”.
According to the 2026 Unified Agenda entry for this rulemaking:
“The Federal Motor Vehicle Safety Standard that regulates vehicle lighting (FMVSS 108) includes requirements that assume a human driver and manual controls, references the location of a human driver, or specifies the operation of manual controls to effectuate testing for compliance with the standards. This rulemaking would address the applicability of the standard for vehicles that are equipped with automated driving systems (ADS) and lack manual controls. This rulemaking would maintain the level of safety performance required by the standard.”
While Congress has still not been able to develop comprehensive legislation on automated driving system safety, NHTSA continues to deal with the nuts and bolts of adopting current Federal Motor Vehicle Safety Standard regulations so that they continue to apply to ADS vehicles already being put on the road.
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