On September 4, 2025, the National Highway Traffic Safety Administration (NHTSA) announced the addition of three rulemakings to the Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda). The proposals seek to clarify the applicability, or lack thereof, of certain federal standards to automated vehicles (AVs). The rulemakings concern:
- FMVSS No. 102, “Transmission shift position sequence, starter interlock and transmission braking effect.”
- FMVSS No. 103, “Windshield defrosting and defogging systems,” and FMVSS No. 104, “Windshield wiping and washing systems.”
- FMVSS No. 108, “Lamps, reflective devices, and associated equipment.”
Step Forward, But Not Full Relief
If finalized in accordance with Transportation Secretary Sean P. Duffy’s plan to modernize national vehicle standards, the proposals would relieve the AV industry from seeking exemptions for the four FMVSS covered by the rulemakings. While a step forward for the industry’s push for federal action to support the advancement of AV technology, this does not provide complete regulatory relief.
Unresolved Legal and Technical Questions
Significant legal, technical, and policy questions remain, including what information must be provided to AV passengers, how NHTSA will test braking systems without brake pedals, and how to reconcile non-traditional seating positions with crash test dummies designed for forward-facing seats.
Part of a Broader Modernization Effort
Although these separate actions may be new to the Unified Agenda, NHTSA’s effort to modernize the FMVSS is not. Since 2018, NHTSA has maintained an omnibus rulemaking titled Facilitating New Automated Driving System Vehicle Designs for Crash Avoidance Testing 2127-AM00 The initiative follows NHTSA’s May 2019 advanced notice of proposed rulemaking, Removing Regulatory Barriers for Vehicles With Automated Driving Systems. In 2022, NHTSA finalized a rule updating crashworthiness standards to account for AVs, though it has limitations for today’s industry.
Opportunities and Risks of a Piecemeal Approach
Breaking regulatory updates into smaller rulemakings may accelerate progress by targeting standards that are easier to revise. This approach aligns with Executive Order 14192, Unleashing Prosperity Through Deregulation, which requires that for every new regulation, at least 10 existing ones must be identified for repeal.
However, a piecemeal strategy also carries risks. Each rulemaking must independently advance through the U.S. Department of Transportation and the Office of Management and Budget, where delays or bottlenecks may occur. The challenge is compounded by the fact that NHTSA currently has 70 rulemakings on the Unified Agenda, but only a fraction of its normal staff to advance them[1].
Varnum’s Vehicle Safety and Mobility Team will be closely monitoring these regulatory developments and is prepared to assist clients in navigating the complexities of emerging AV regulation.
[1] Transportation U.S. auto safety agency shedding more than 25% of employees: Reuters
