The Nickel Report

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.

On February 9, 2026, the National Highway Traffic Safety Administration (NHTSA) published a notice of a public meeting to provide updates on and insights into ongoing activities regarding vehicle automation across NHTSA. The meeting will be held in person and is scheduled to take place all day on March 10, 2026.

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).