The Nickel Report

On April 1, 2026, the National Highway Traffic and Safety Administration issued a notice of proposed rulemaking to amend Federal Motor Vehicle Safety Standard No. 110 to accommodate certain Automated Driving System-equipped vehicles. This action is NHTSA’s latest effort to address automated vehicles and develop corresponding national standards. NHTSA seeks public comment on the proposed changes, with the 30-day comment period closing on May 1, 2026.

Over the past two weeks the National Highway Traffic Safety Administration (NHTSA) has taken notable steps in its larger effort to address and develop a uniform framework for automated vehicles (AVs). Last week NHTSA published a request for public comment on an exemption application which, if granted, would exempt certain AVs from safety requirements and enable large-scale deployment of these vehicles nationwide. This development was closely followed by NHTSA’s issuance of two notices of proposed rulemakings (NPRM), which propose to exempt AVs from specific Federal Motor Vehicle Safety Standards (FMVSS). This progression suggests agency recognition of the realities of evolving technology and a corresponding willingness to take a flexible approach to the applicability of certain FMVSSs to AVs.

Last week, among many actions taken by the Biden-Harris Administration on Earth Day 2021, one may have flown under the proverbial radar, though it does have significant legal implications for greenhouse gas regulation and the whole-of-government(s) approach:  the U.S. Department of Transportation’s (DOT) National Highway Traffic Safety Administration (NHTSA) notice proposing to repeal the preemption portions of NHTSA’s 2019 rule entitled “The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program,” 84 Fed. Reg. 51,310 (Sept. 27, 2019) (SAFE I Rule).  NHTSA, “Corporate Average Fuel Economy (CAFE) Preemption; Notice of Proposed Rulemaking (signed Apr. 24, 2021) (Proposed Rule).

On March 20, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA) Office of Pipeline Safety issued a Notice to gas and hazardous liquid pipeline, underground natural gas storage and liquefied natural gas (LNG) facility operators, as well as PHMSA state partners, explaining that it will stay enforcement of certain PHMSA pipeline safety requirements in light of the President’s March 13, 2020, Declaration of National Emergency relating to COVID-19. The Notice acknowledges that operators may have limited personnel resources in light of the COVID-19 National Emergency and may need to take actions to meet ongoing operational and maintenance needs in a manner that “may not fully meet federal operator qualification (OQ), control room management (CRM), and employment drug testing requirements.”