OMB Approves NHTSA FMVSS 135 ADS NPMR

This rulemaking was not listed in the Spring 2025 Unified Agenda. This is part of NHTSA’s ongoing effort to update existing FMVSS to include (where applicable) automated driving systems equipped vehicles; see here for example.  

For this rulemaking, I would expect NHTSA to address, for instance, § 571.135 S5.3.1 states that: “The service brakes shall be activated by means of a foot control.” An ADS equipped vehicle may not be equipped with a foot brake control, requiring a change in that language. Because of the increased importance of electronic controls in an ADS-equipped vehicle, I would like to see (but do not really expect to see) some mention of cybersecurity controls in the revised standards. 

Lacking cybersecurity provisions, I would not expect to cover this rulemaking in any detail. I will at least mention the NPRM’s publication in the appropriate Short Takes post. 

OMB Receives Draft Vehicle-to-Vehicle Communications ANPRM

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a copy of an advanced notice of proposed rulemaking (ANPRM) from the DOT’s National Highway Transportation Safety Administration (NHTSA) establishing a new Federal Motor Vehicle Safety Standard (FMVSS) for vehicle-to-vehicle (V2V) communications.

This rulemaking was not listed in the most recent Unified Agenda so it is difficult to tell what the rule will cover. I would like to think that it would include requirements for cybersecurity standards for such communications.