Notice Regarding the Applicability of NHTSA FMVSS Test Procedures to Certifying Manufacturers

On Dec. 21, 2020, NHTSA published a notice in the Federal Register requesting comment on an interpretation that would reestablish NHTSA’s longstanding position that the FMVSS test conditions and procedures apply to NHTSA’s compliance testing, and that manufacturers are not required to ensure that their vehicles are designed in such a manner as to ensure that the vehicles are capable of being tested pursuant to such standards as a condition of self-certification. The notice also discusses NHTSA’s enforcement with respect to vehicles with novel or innovative designs that preclude them from being tested for FMVSS compliance using NHTSA’s FMVSS test procedures. The notice supersedes prior contrary statements the Agency has made—including those in NHTSA’s 2016 letter of interpretation to Google, Inc.—stating that manufacturers could not validly certify FMVSS compliance unless NHTSA could verify compliance using the FMVSS test procedures.  Comments on the notice are due January 20, 2021. Docket ref: NHTSA–2020–0119. NHTSA contact: Daniel Koblenz or Kerry Kolodziej, Office of Chief Counsel, Telephone: 202–366–2992.