The Nickel Report

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

FMVSS No. 110, “Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less” specifies tire selection requirements. Additionally, it includes a requirement to affix an information placard on the “driver’s side” of the vehicle.

Many ADS-equipped vehicles do not have manually operated driving controls and therefore do not have a “driver’s side,” making FMVSS compliance confusing and impractical. As a result, NHTSA proposed to update the language in FMVSS No. 110 to clarify that ADS-equipped vehicles without manually operated driving controls may affix the placard on the left side of the vehicle in certain locations instead of on the “driver’s side.” Additionally, alternative location details may be submitted to NHTSA for approval. If adopted as a final rule, this rule will become effective immediately pursuant to good cause shown. Specifically, NHTSA determined that this effective date is in the public interest and is not burdensome for regulated entities.

This administration has been committed to advancing AV initiatives and to developing modernized federal standards for AVs, while ensuring safety. NHTSA has taken notable steps in this effort over the last few months. Our previous post covers NHTSA’s AV actions in March 2026 including requests for public comment on an AV exemption application and the issuance of two NPRMs to exempt AVs from FMVSS Nos. 102, 103, and 104 to accommodate ADS-equipped vehicles. See 91 Fed. Reg. 12,532 (Mar. 16, 2026) (issuing NPRM to amend FMVSS No. 102); 91 Fed. Reg. 12,537 (Mar. 16, 2026) (issuing NPRM to amend FMVSS Nos. 103 and 104). This progression suggests agency recognition of evolving technology and a corresponding willingness to employ a flexible approach to the applicability of certain FMVSSs to AVs.

This latest NPRM is part of NHTSA’s larger effort to address AVs in the agency’s regulations and signals continuing agency commitment to these goals. We will continue to monitor and report on AV developments. Contact Brian Stansbury at bstansbury@hunton.com or Sadie Mapstone at smapstone@hunton.com with questions about NHTSA’s latest NPRMs or interest in submitting comments.