Notice2026-04730
Zoox-Receipt of Application for Temporary Exemption From Various Requirements of the Federal Motor Vehicle Safety Standards for an Automated Driving System-Equipped Vehicle; Request for Comment
Primary source
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Published
March 11, 2026
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
Zoox, Inc. ("Zoox") has petitioned NHTSA for a temporary exemption from certain requirements in eight Federal Motor Vehicle Safety Standards (FMVSS) applicable to its passenger car equipped with an automated driving system (ADS). Specifically, Zoox seeks exemption from portions of FMVSS No. 103, Windshield defrosting and defogging systems; FMVSS No. 104, Windshield wiping and washing systems; FMVSS No. 108, Lamps, reflective devices, and associated equipment; FMVSS No. 111, Rear visibility; FMVSS No. 135, Light vehicle brake systems; FMVSS No. 201, Occupant protection in interior impact; FMVSS No. 205, Glazing materials; and FMVSS No. 208, Occupant crash protection. NHTSA is publishing this document in accordance with statutory and administrative provisions and seeks comment on the merits of Zoox's exemption application and on potential terms and conditions that should be applied to a temporary exemption if granted. After receiving and considering public comments, NHTSA will make a decision on the merits of the application and will publish a notice in the Federal Register setting forth NHTSA's reasoning for either granting or denying the petition.
Full Text
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<title>Federal Register, Volume 91 Issue 47 (Wednesday, March 11, 2026)</title>
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[Federal Register Volume 91, Number 47 (Wednesday, March 11, 2026)]
[Notices]
[Pages 12042-12045]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04730]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2025-0523]
Zoox--Receipt of Application for Temporary Exemption From Various
Requirements of the Federal Motor Vehicle Safety Standards for an
Automated Driving System-Equipped Vehicle; Request for Comment
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Request for public comment.
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SUMMARY: Zoox, Inc. (``Zoox'') has petitioned NHTSA for a temporary
exemption from certain requirements in eight Federal Motor Vehicle
Safety Standards (FMVSS) applicable to its
[[Page 12043]]
passenger car equipped with an automated driving system (ADS).
Specifically, Zoox seeks exemption from portions of FMVSS No. 103,
Windshield defrosting and defogging systems; FMVSS No. 104, Windshield
wiping and washing systems; FMVSS No. 108, Lamps, reflective devices,
and associated equipment; FMVSS No. 111, Rear visibility; FMVSS No.
135, Light vehicle brake systems; FMVSS No. 201, Occupant protection in
interior impact; FMVSS No. 205, Glazing materials; and FMVSS No. 208,
Occupant crash protection. NHTSA is publishing this document in
accordance with statutory and administrative provisions and seeks
comment on the merits of Zoox's exemption application and on potential
terms and conditions that should be applied to a temporary exemption if
granted. After receiving and considering public comments, NHTSA will
make a decision on the merits of the application and will publish a
notice in the Federal Register setting forth NHTSA's reasoning for
either granting or denying the petition.
DATES: Comments must be received on or before April 10, 2026.
ADDRESSES: You may submit comments to the docket number identified in
the heading of this document by any of the following methods:
<bullet> Electronic Submissions: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail or Hand Delivery: Docket Management, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, West Building, Suite W58-
213, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except on Federal holidays. To be sure someone is there to help
you, please call (202) 366-9826 or (202) 366-9317 before coming.
Instructions: All submissions must include the agency name and
docket number. Note that all comments received will be posted without
change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal
information provided. Please see the Privacy Act discussion below.
NHTSA will consider all comments received before the close of business
on the comment closing date indicated above. To the extent possible,
NHTSA will also consider comments filed after the closing date.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov/docket/NHTSA-2025-0523">https://www.regulations.gov/docket/NHTSA-2025-0523</a> at any time or to 1200 New Jersey Avenue SE, West Building Ground
Floor, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays. Telephone: 202-366-
9826.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to inform its rulemaking process. DOT posts
these comments, without edit, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in
the system of records notice, DOT/ALL-14 FDMS, accessible through
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>. In order to facilitate comment tracking and
response, we encourage commenters to provide their name, or the name of
their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you must submit your
request directly to NHTSA's Office of the Chief Counsel. Requests for
confidentiality are governed by 49 CFR part 512. If you claim that any
of the information or documents provided to the Agency constitute
confidential business information within the meaning of 5 U.S.C.
552(b)(4), or are protected from disclosure pursuant to 18 U.S.C. 1905,
you must submit supporting information together with the materials that
are the subject of the confidentiality request, in accordance with part
512, to the Office of the Chief Counsel. Your request must include a
cover letter setting forth the information specified in our
confidential business information regulation (49 CFR 512.8) and a
certificate, pursuant to Sec. 512.4(b) and part 512, appendix A. NHTSA
is currently treating electronic submission as an acceptable method for
submitting confidential business information to the Agency under part
512. Please do not send a hardcopy of a request for confidential
treatment to NHTSA's headquarters. The request should be sent to Dan
Rabinovitz in the Office of the Chief Counsel at
<a href="/cdn-cgi/l/email-protection#c286a3acaba7aeec90a3a0abacadb4abb6b882a6adb6eca5adb4"><span class="__cf_email__" data-cfemail="afebcec1c6cac381fdcecdc6c1c0d9c6dbd5efcbc0db81c8c0d9">[email protected]</span></a> or you may contact him for a secure file
transfer link. Manufacturers or any companies that already have a
Confidential Business Information (CBI) Portal account or an Enterprise
Account with NHTSA should use the CBI Portal for their submission. If
you submit a CBI request, please also email a courtesy copy of the
request to Callie Roach, Office of the Chief Counsel at
<a href="/cdn-cgi/l/email-protection#4a292b2626232f6438252b29220a2e253e642d253c"><span class="__cf_email__" data-cfemail="680b090404010d461a07090b00280c071c460f071e">[email protected]</span></a>. In addition, you should submit a copy, from which
you have deleted the claimed confidential business information, to the
Docket at the address given above.
FOR FURTHER INFORMATION CONTACT: For legal issues: Callie Roach, Office
of the Chief Counsel at <a href="/cdn-cgi/l/email-protection#e083818c8c8985ce928f818388a0848f94ce878f96"><span class="__cf_email__" data-cfemail="fa999b9696939fd488959b9992ba9e958ed49d958c">[email protected]</span></a>. For technical issues:
Emily Shull, Rulemaking Office of Automation Safety at
<a href="/cdn-cgi/l/email-protection#d693bbbfbaaff885bea3baba96b2b9a2f8b1b9a0"><span class="__cf_email__" data-cfemail="1b5e767277623548736e77775b7f746f357c746d">[email protected]</span></a>; Fax: (202) 366-7002. Mailing address: National
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Authority and Procedures for Temporary Exemption
III. Zoox's Application
IV. Agency's Review of Zoox's Application
V. Terms
VI. Public Participation
I. Introduction
NHTSA is responsible for promulgating and enforcing Federal Motor
Vehicle Safety Standards (FMVSS) designed to improve motor vehicle
safety. Generally, a manufacturer may not manufacture for sale, sell,
offer for sale, or introduce or deliver for introduction into
interstate commerce a vehicle that does not comply with all applicable
FMVSS.\1\ There are limited exceptions to this general prohibition.\2\
One path permits manufacturers to petition NHTSA for an exemption for
noncompliant vehicles under a specified set of statutory bases.\3\
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\1\ 49 U.S.C. 30112(a)(1).
\2\ 49 U.S.C. 30112(b); 49 U.S.C. 30113; 49 U.S.C. 30114.
\3\ 49 U.S.C. 30113.
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On August 22, 2025, Zoox submitted an application for exemption for
its ADS-equipped vehicle, the ``Zoox robotaxi.'' Specifically, Zoox
petitioned NHTSA for a temporary exemption from portions of eight
FMVSS. Zoox requests a two-year exemption for not more than 2,500
exempted vehicles for each 12-month period covered by the exemption.
Granting the temporary exemption would allow Zoox to manufacture for
sale, sell, or deploy into interstate commerce vehicles that do not
comply fully with the FMVSS.
NHTSA is seeking comment on the merits of Zoox's exemption
application, as supplemented by additional information provided to
NHTSA. These documents are available in the docket for this petition,
available at <a href="https://www.regulations.gov/docket/NHTSA-2025-0523">https://www.regulations.gov/docket/NHTSA-2025-0523</a>.
[[Page 12044]]
II. Authority and Procedures for Temporary Exemption
The National Traffic and Motor Vehicle Safety Act (the ``Safety
Act'') authorizes the Secretary of Transportation to exempt motor
vehicles on a temporary basis, under specified circumstances and on
terms that the Secretary considers appropriate, from an FMVSS or bumper
standard. This authority is set forth at 49 U.S.C. 30113 and has been
delegated to NHTSA.\4\ Section 30113 authorizes the Secretary to grant,
in whole or in part, a temporary exemption to a vehicle manufacturer if
the Secretary finds that the exemption meets one of the four enumerated
bases \5\ and finds that the exemption is consistent with the public
interest and with the objectives of the Safety Act.\6\
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\4\ 49 CFR 1.95.
\5\ 49 U.S.C. 30113(b)(3).
\6\ 49 U.S.C. 30113(b)(3)(A).
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Zoox seeks a temporary exemption on the basis specified in 49 CFR
555.6(d) that compliance with the eight FMVSS would prevent it from
selling a motor vehicle with an overall safety level at least equal to
the overall safety level of nonexempt (i.e., compliant) vehicles.\7\
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\7\ 49 U.S.C. 30113(b)(3)(B)(iv).
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NHTSA established 49 CFR part 555, Temporary Exemption from Motor
Vehicle Safety and Bumper Standards, to implement the statutory
provisions concerning temporary exemptions. The requirements in 49 CFR
555.5 state that the applicant must set forth the basis of the
application and the information required under 49 CFR 555.6, and the
reasons why the exemption would be in the public interest and
consistent with the objectives of the Safety Act. An application
submitted on the basis that the applicant is otherwise unable to sell a
vehicle whose overall level of safety is at least equal to that of a
nonexempt vehicle must include the information specified in 49 CFR
555.6(d).
III. Zoox's Application
Zoox's application provides a description of its vehicle and safety
features. It discusses how specific aspects their vehicle's design
precludes compliance certification with certain aspects of specific
FMVSS (e.g., the vehicle does not have a service brake pedal required
by FMVSS No. 135, ``Light vehicle brake systems'' because the vehicle
is designed never to be operated by a human driver). The application
describes requested FMVSS exemptions and explains why Zoox believes the
vehicle provides an overall safety level equivalent to a nonexempt
vehicle. The application also details the capabilities of the automated
driving system, general operational procedures, and Zoox's public
interest arguments. To support its safety justification, Zoox submitted
nine appendices. Following the application, NHTSA requested further
information regarding the vehicle's design, the ADS, and operations.
Because Zoox sought confidential treatment of portions of its submitted
materials, redacted versions of Zoox's application, appendices, and
responses to NHTSA's questions can be found in the docket.\8\
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\8\ NHTSA-2025-0523.
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Zoox has petitioned NHTSA for a temporary exemption from certain
requirements in eight FMVSS for its ADS-equipped vehicle. Specifically,
Zoox seeks exemption from portions of:
<bullet> FMVSS No. 103, ``Windshield defrosting and defogging systems''
<bullet> FMVSS No. 104, ``Windshield wiping and washing systems''
<bullet> FMVSS No. 108, ``Lamps, reflective devices, and associated
equipment''
<bullet> FMVSS No. 111, ``Rear visibility''
<bullet> FMVSS No. 135, ``Light vehicle brake systems''
<bullet> FMVSS No. 201, ``Occupant protection in interior impact''
<bullet> FMVSS No. 205, ``Glazing materials'' and
<bullet> FMVSS No. 208, ``Occupant crash protection''
IV. Agency's Review of Zoox's Application
NHTSA has not yet made any decision on the merits of Zoox's
application. NHTSA will make a decision on the merits of the
application after receiving and considering public comments to this
notice, as well as any additional information that the agency receives
from Zoox.
V. Terms
Section 30113 authorizes the Secretary, NHTSA by delegation, to
condition the grant of a temporary exemption ``on terms [NHTSA]
considers appropriate.'' \9\ The agency's authority to set terms
includes the ability to set terms that would ensure that the exemption
is in the public interest and allow NHTSA to oversee vehicle operation
as appropriate. If NHTSA decides to grant Zoox's application, it will
carefully consider whether and what terms to establish. The terms may
apply for specified lengths of time or may apply throughout the
exempted vehicles' useful life. In addition, NHTSA may condition a
grant on operational terms that may be changed pursuant to subsequent
letters from NHTSA that will be made publicly available.
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\9\ 49 U.S.C. 30113(b)(1) (delegation of authority at 49 CFR
1.95).
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VI. Public Participation
A. Request for Comment and Comment Period
The agency seeks comment from the public on the merits of Zoox's
petition for a temporary exemption. NHTSA is also seeking comment on
the potential types of terms the agency should set if the agency
decides to grant the petition. NHTSA is providing a 30-day comment
period. After considering public comments and other available
information, NHTSA will publish a notice of final action on the
petition in the Federal Register.
B. Instructions for Submitting Comments
How long do I have to submit comments?
Please see DATES section at the beginning of this document.
How do I prepare and submit comments?
<bullet> Your comments must be written in English.
<bullet> To ensure that your comments are correctly filed in the
Docket, please include the Docket Number shown at the beginning of this
document in your comments.
<bullet> If you are submitting comments electronically as a PDF
(Adobe) File, NHTSA asks that the documents be submitted using the
Optical Character Recognition (OCR) process, thus allowing NHTSA to
search and copy certain portions of your submissions. Comments may be
submitted to the docket electronically by logging onto the Docket
Management System website at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
online instructions for submitting comments.
<bullet> You may also submit two copies of your comments, including
the attachments, to Docket Management at the address given above under
ADDRESSES.
[[Page 12045]]
Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information quality standards set forth in the OMB and DOT Data
Quality Act guidelines. Accordingly, we encourage you to consult the
guidelines in preparing your comments. OMB's guidelines may be accessed
at <a href="http://www.whitehouse.gov/omb/fedreg/reproducible.html">http://www.whitehouse.gov/omb/fedreg/reproducible.html</a>. DOT's
guidelines may be accessed at <a href="http://www.bts.gov/programs/statistical_policy_and_research/data_quality_guidelines">http://www.bts.gov/programs/statistical_policy_and_research/data_quality_guidelines</a>.
Will the Agency consider late comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date.
How can I read the comments submitted by other people?
You may see the comments on the internet. To read the comments on
the internet, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online
instructions for accessing the dockets.
Please note that, even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.
Authority: 49 U.S.C. 30113 and 30166; delegation of authority at 49
CFR 1.95.
Jonathan Morrison,
Administrator.
[FR Doc. 2026-04730 Filed 3-10-26; 8:45 am]
BILLING CODE 4910-59-P
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