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Rule2026-11071

Removing Obsolete Directives From Phase-In Reporting Requirements

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Published
June 3, 2026
Effective
July 6, 2026

Issuing agencies

Transportation DepartmentNational Highway Traffic Safety Administration

Abstract

On May 30, 2025, NHTSA published a notice of proposed rulemaking (NPRM) proposing to remove obsolete directives from the phase-in reporting requirements. The agency received no comment on the proposed changes to the phase-in reporting requirements, and therefore the agency is adopting the changes in this final rule. NHTSA is also updating some sections of Part 585 with the agency's current address.

Full Text

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<title>Federal Register, Volume 91 Issue 106 (Wednesday, June 3, 2026)</title>
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[Federal Register Volume 91, Number 106 (Wednesday, June 3, 2026)]
[Rules and Regulations]
[Pages 33119-33123]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11071]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 585

[Docket No. NHTSA-2025-0030]
RIN 2127-AM82


Removing Obsolete Directives From Phase-In Reporting Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: On May 30, 2025, NHTSA published a notice of proposed 
rulemaking (NPRM) proposing to remove obsolete directives from the 
phase-in reporting requirements. The agency received no comment on the 
proposed changes to the phase-in reporting requirements, and therefore 
the agency is adopting the changes in this final rule. NHTSA is also 
updating some sections of Part 585 with the agency's current address.

DATES: 
    Effective date: July 6, 2026.
    Petitions for Reconsideration: If you wish to petition for 
reconsideration of this rule, your petition must be received by July 
20, 2026.

ADDRESSES: You may submit comments identified by the Docket No. NHTSA-
2025-0030 through any of the following methods:
    <bullet> Electronic Submissions: Go to the Federal eRulemaking 
Portal at <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 for this notice. 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 and 
Instructions for Submission of Confidential Information heading below.
    Docket: For access to the docket to read background documents, go 
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or the street address listed above. 
Follow the online instructions for accessing the dockets.

FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact 
James Myers (email: <a href="/cdn-cgi/l/email-protection#9ed4fff3fbedb0d3e7fbeceddefaf1eab0f9f1e8"><span class="__cf_email__" data-cfemail="fab09b979f89d4b7839f8889ba9e958ed49d958c">[email&#160;protected]</span></a>). For legal issues, you may 
contact John Piazza at <a href="/cdn-cgi/l/email-protection#4f05202721611f262e35352e0f2b203b61282039"><span class="__cf_email__" data-cfemail="7a30151214542a131b00001b3a1e150e541d150c">[email&#160;protected]</span></a>. You can reach these 
officials by phone at 202-366-1810. Address: National Highway Traffic 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, West Building, Washington, DC 20590.

SUPPLEMENTARY INFORMATION: NHTSA published an NPRM \1\ on May 30, 2025 
proposing to remove obsolete directives from its phase-in reporting 
requirements that pertain only to vehicles manufactured in prior years. 
A phase-in is a mechanism by which a final rule specifies a certain 
percentage of a vehicle manufacturer's vehicles that must comply with 
the requirements in a final rule in successive model years until all 
vehicles to which the standard applies comply with the new 
requirements. Some phase-ins are accompanied by reporting requirements, 
and Part 585 contains a number of such requirements, many of which have 
long since expired. The NPRM proposed amendments to delete the advanced 
air bag phase-in reporting requirements (subpart B); the rear inboard 
lap/shoulder belt phase-in reporting

[[Page 33120]]

requirements (subpart C); the fuel system integrity phase-in reporting 
requirements (subpart E); the reporting requirements for tires for 
motor vehicles with a gross vehicle weight rating (GVWR) of 10,000 
pounds or less (subpart F); the tire pressure monitoring system phase-
in reporting requirements (subpart G); the side impact protection 
phase-in reporting requirements (subpart H); the electronic stability 
control system phase-in reporting requirements (subpart I); the head 
restraints phase-in reporting requirements (subpart J); the ejection 
mitigation phase-in reporting requirements (subpart K); the roof crush 
resistance phase-in reporting requirements (subpart L); and the rear 
visibility improvements reporting requirements (subpart M). The 
proposed rule would eliminate those directives while maintaining other 
directives in 49 CFR part 585 that pertain to vehicles that are being 
manufactured or will be manufactured.
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    \1\ 90 FR 23018.
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    NHTSA received no comments on this proposal. For the reasons set 
forth in the May 30, 2025 NPRM, NHTSA is adopting the proposed changes 
to the phase-in reporting directives in this final rule without 
amendment.
    NHTSA is also updating some sections of Part 585 with the agency's 
current address. NHTSA has determined that seeking comment on these 
address changes, which were not included in the proposal, is 
unnecessary pursuant to 5 U.S.C. 553. Address changes are 
nonsubstantive and unlikely to generate public interest or comment. 
NHTSA has updated the addresses so they are current.

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30166; delegation 
of authority at 49 CFR 1.95.

Regulatory Analyses

Executive Orders 12866 and 13563

    This rule does not meet the criteria of a ``significant regulatory 
action'' under Executive Order 12866, as amended by Executive Orders 
14215 and 13563. Therefore, the Office of Management and Budget (OMB) 
has not reviewed this rule under those orders.
    This regulation is an E.O. 14192 deregulatory action.

Promoting International Regulatory Cooperation

    The policy statement in section 1 of Executive Order 13609 provides 
that the regulatory approaches taken by foreign governments may differ 
from those taken by the United States to address similar issues, and 
that in some cases the differences between them might not be necessary 
and might impair the ability of American businesses to export and 
compete internationally. It further recognizes that in meeting shared 
challenges involving health, safety, and other issues, international 
regulatory cooperation can identify approaches that are at least as 
protective as those that are or would be adopted in the absence of such 
cooperation and can reduce, eliminate, or prevent unnecessary 
differences in regulatory requirements.
    In addition, section 24211 of the Infrastructure, Investment, and 
Jobs Act, Global Harmonization, provides that DOT ``shall cooperate, to 
the maximum extent practicable, with foreign governments, 
nongovernmental stakeholder groups, the motor vehicle industry, and 
consumer groups with respect to global harmonization of vehicle 
regulations as a means for improving motor vehicle safety.'' \2\
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    \2\ Public Law 117-58.
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    Because the changes adopted in this final rule are deleting 
obsolete regulatory text, they do not implicate any issues regarding 
international regulatory cooperation.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) (as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996; 5 U.S.C. 601 et seq.), for any rulemaking where 
publication of a proposed rule is required by 5 U.S.C. 553 or any other 
law, agencies must prepare and make available for public comment a 
regulatory flexibility analysis that describes the effect of the rule 
on small entities (i.e., small businesses, small organizations, and 
small government jurisdictions). No regulatory flexibility analysis is 
required, however, if the head of an agency or an appropriate designee 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. I have concluded and hereby 
certify that this rule, which removes obsolete regulatory text, will 
not have a significant economic impact on a substantial number of small 
entities. Therefore, a regulatory flexibility analysis is not required.

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. NHTSA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule does not 
meet the criteria in 5 U.S.C. 804(2) to be considered a major rule.

Unfunded Mandates Reform Act

    This final rule does not contain Federal mandates (under the 
regulatory provisions of Title II of the UMRA) for State, local and 
Tribal governments, or the private sector of $206 million (the value 
equivalent of $100 million in 1995, adjusted for inflation to 2025) or 
more in any one year. Thus, the rule is not subject to the analytical 
requirements of the UMRA.

Executive Order 13175

    Executive Order 13175 requires Federal agencies to consult and 
coordinate with Tribes on a government-to-government basis on policies 
that have Tribal implications, including regulations, legislative 
comments or proposed legislation, and other policy statements or 
actions that have substantial direct effects on one or more Indian 
Tribes, on the relationship between the Federal Government and Indian 
Tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian Tribes. NHTSA has assessed the impact 
of this final rule on Indian tribes and determined that this rule would 
not have tribal implications that require consultation under Executive 
Order 13175.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3520), an agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information, unless the 
collection displays a currently valid Office of Management and Budget 
(OMB) control number. This final rule is deregulatory and only removes 
obsolete requirements and updates addresses; the rule does not impose 
any additional information collection requirements.

E-Government Act Compliance

    NHTSA is committed to complying with the E-Government Act, 2002 to 
promote the use of the internet and other information technologies to 
provide increased opportunities for citizen access to Government

[[Page 33121]]

information and services, and for other purposes. The E-Government Act 
of 2002 (Pub. L. 107-347, sec. 208, 116 Stat. 2899, 2921, Dec. 17, 
2002), requires Federal agencies to conduct a privacy impact assessment 
for new or substantially changed technology that collects, maintains, 
or disseminates information in an identifiable form. No new or 
substantially changed technology would collect, maintain, or 
disseminate information as a result of this proposed rule. Accordingly, 
NHTSA has not conducted a privacy impact assessment.

Executive Order 13132; Federalism Summary Impact Statement

    NHTSA has examined this final rule pursuant to Executive Order 
13132 (64 FR 43255; Aug. 10, 1999) and concluded that no additional 
consultation with States, local governments, or their representatives 
is mandated beyond the rulemaking process. The agency has concluded 
that the final rule does not have sufficient federalism implications to 
warrant consultation with State and local officials or the preparation 
of a federalism summary impact statement. This final rule does not have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.''
    NHTSA rules can have preemptive effect in two ways. First, the 
National Traffic and Motor Vehicle Safety Act contains an express 
preemption provision: When a motor vehicle safety standard is in effect 
under this chapter, a State or a political subdivision of a State may 
prescribe or continue in effect a standard applicable to the same 
aspect of performance of a motor vehicle or motor vehicle equipment 
only if the standard is identical to the standard prescribed under this 
chapter. 49 U.S.C. 30103(b)(1). It is this statutory command by 
Congress that preempts any non-identical State legislative and 
administrative law address the same aspect of performance.
    The express preemption provision described above is subject to a 
savings clause under which ``[c]compliance with a motor vehicle safety 
standard prescribed under this chapter does not exempt a person from 
liability at common law.'' 49 U.S.C. 30103(e). Pursuant to this 
provision, State common law tort causes of action against motor vehicle 
manufacturers that might otherwise be preempted by the express 
preemption provision are generally preserved. However, the Supreme 
Court has recognized the possibility, in some instances, of implied 
preemption of State common law tort causes of action by virtue of 
NHTSA's rules--even if not expressly preempted.
    This second way that NHTSA rules can preempt is dependent upon the 
existence of an actual conflict between an FMVSS and the higher 
standard that would effectively be imposed on motor vehicle 
manufacturers if someone obtained a State common law tort judgment 
against the manufacturer--notwithstanding the manufacturer's compliance 
with the NHTSA standard. Because most NHTSA standards established by an 
FMVSS are minimum standards, a State common law tort cause of action 
that seeks to impose a higher standard on motor vehicle manufacturers 
will generally not be preempted. However, if and when such a conflict 
does exist--for example, when the standard at issue is both a minimum 
and a maximum standard--the State common law tort cause of action is 
impliedly preempted. See Geier v. American Honda Motor Co., 529 U.S. 
861 (2000).
    Pursuant to Executive Order 13132, NHTSA has considered whether 
this final rule could or should preempt State common law causes of 
action. The agency's ability to announce its conclusion regarding the 
preemptive effect of one of its rules reduces the likelihood that 
preemption will be an issue in any subsequent tort litigation.
    To this end, the agency has examined the nature (e.g., the language 
and structure of the regulatory text) and objectives of this final rule 
and does not foresee any potential State requirements that might 
conflict with it. NHTSA does not intend that this final rule preempt 
state tort law that would effectively impose a higher standard on motor 
vehicle manufacturers than that established by this final rule. 
Establishment of a higher standard by means of State tort law would not 
conflict with the standards in this final rule. Without any conflict, 
there could not be any implied preemption of a State common law tort 
cause of action.

National Environmental Policy Act

    The Department has analyzed the environmental impacts of this final 
rule pursuant to the National Environmental Policy Act of 1969 (NEPA) 
(42 U.S.C. 4321 et seq.). NHTSA has determined that this rule is 
categorically excluded pursuant to 23 CFR 771.118(c)(4). Categorical 
exclusions are categories of actions that the agency has determined 
normally do not significantly affect the quality of the human 
environment and therefore do not require either an environmental 
assessment (EA) or environmental impact statement (EIS). In analyzing 
the applicability of a categorical exclusion, the agency must also 
consider whether extraordinary circumstances are present that would 
warrant the preparation of an EA or EIS. The Department's Operating 
Administrations (OAs) may apply CEs established in another OA's 
procedures. To do so, the Operating Administration ``must evaluate the 
action for extraordinary circumstances identified in the OA procedures 
in which the CE is established to determine if a normally excluded 
action may have a significant impact and coordinate with the 
originating OA to ensure that the CE is being applied correctly.'' This 
rulemaking, which removes unnecessary regulatory text from 49 CFR part 
585, is categorically excluded pursuant to 23 CFR 771.118(c)(4): 
``Planning and administrative activities not involving or leading 
directly to construction, such as: Training, technical assistance and 
research; promulgation of rules, regulations, directives, or program 
guidance; approval of project concepts; engineering; and operating 
assistance to transit authorities to continue existing service or 
increase service to meet routine demand.'' NHTSA has coordinated with 
the Federal Transit Administration (FTA) to ensure that this CE is 
being applied correctly. NHTSA does not anticipate any environmental 
impacts, and there are no extraordinary circumstances present in 
connection with this rulemaking.

Executive Order 12988 (Civil Justice Reform)

    With respect to the review of the promulgation of a new regulation, 
section 3(b)(2) of Executive Order 12988, ``Civil Justice Reform'' (61 
FR 4729, February 7, 1996) requires that Executive agencies make every 
reasonable effort to ensure that the regulation: (1) clearly specifies 
the preemptive effect; (2) clearly specifies the effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct, while promoting simplification and burden reduction; 
(4) clearly specifies the retroactive effect, if any; (5) adequately 
defines key terms; and (6) addresses other important issues affecting 
clarity and general draftsmanship under any guidelines issued by the 
Attorney General.
    NHTSA has reviewed this rulemaking action and determined that it 
conforms to the applicable standards in section 3(b)(2) of E.O. 12988, 
Civil Justice Reform. The issue of preemption is

[[Page 33122]]

discussed above in connection with E.O. 13132 (Federalism). NHTSA 
believes that this final rule specifies clearly the removal of the 
obsolete requirements of FMVSS No. 205(a), changes made to Part 585, 
defines any necessary key terms, and provides a clear legal standard 
for manufacturers to follow. The amendments do not take effect 
retroactively. NHTSA notes further that there is no requirement that an 
individual submit a petition for reconsideration or pursue other 
administrative proceedings before they may file suit in court.

National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995 
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall 
use technical standards that are developed or adopted by voluntary 
consensus standards bodies, using such technical standards as a means 
to carry out policy objectives or activities determined by the agencies 
and departments.'' Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies, such as SAE (formerly, the 
Society of Automotive Engineers). The NTTAA directs this agency to 
provide Congress, through OMB, explanations when the agency decides not 
to use available and applicable voluntary consensus standards. Because 
the changes in this final rule are deleting obsolete regulatory text, 
they do not implicate any issues regarding consensus standards.

Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier 
number (RIN) to each regulatory action listed in the Unified Agenda of 
Federal Regulations. The Regulatory Information Service Center 
publishes the Unified Agenda in April and October of each year. You may 
use the RIN contained in the heading at the beginning of this document 
to find this action in the Unified Agenda.

Privacy Act and Instructions for Submission of Confidential Information

    NHTSA will place any petitions for reconsideration received into 
the docket. Anyone can search the electronic form of all documents 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, or other organization). For 
information on DOT's compliance with the Privacy Act, see <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. You should submit a redacted ``public 
version'' of your petition (including redacted versions of any 
additional documents or attachments) using any of the methods 
identified under ADDRESSES. This ``public version'' should contain only 
the portions for which no claim of confidential treatment is made and 
from which those portions for which confidential treatment is claimed 
has been redacted. See below for further instructions on how to do 
this.
    If you submit confidential information, you also need to submit a 
request for confidential treatment directly to the Office of Chief 
Counsel. Requests for confidential treatment are governed by 49 CFR 
part 512. Your request must set forth the information specified in Part 
512. This includes the materials for which confidentiality is being 
requested (as explained in more detail below); supporting information, 
pursuant to Part 512.8; and a certificate, pursuant to Part 512.4(b) 
and Part 512, Appendix A.
    You are required to submit to the Office of Chief Counsel one 
unredacted ``confidential version'' of the information for which you 
are seeking confidential treatment. Pursuant to Part 512.6, the words 
``ENTIRE PAGE CONFIDENTIAL BUSINESS INFORMATION'' or ``CONFIDENTIAL 
BUSINESS INFORMATION CONTAINED WITHIN BRACKETS'' (as applicable) must 
appear at the top of each page containing information claimed to be 
confidential. In the latter situation, where not all information on the 
page is claimed to be confidential, identify each item of information 
for which confidentiality is requested within brackets: ``[ ].'' You 
are also required to submit to the Office of Chief Counsel one redacted 
``public version'' of the information for which you are seeking 
confidential treatment. Pursuant to Part 512.5(a)(2), the redacted 
``public version'' should include redactions of any information for 
which you are seeking confidential treatment (i.e., the only 
information that should be unredacted is information for which you are 
not seeking confidential treatment). 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#f1b5909f98949ddfa39093989f9e8798858bb1959e85df969e87"><span class="__cf_email__" data-cfemail="286c4946414d44067a494a4146475e415c52684c475c064f475e">[email&#160;protected]</span></a>. You may 
either submit your request via email or request a secure file transfer 
link. If you are submitting the request via email, please also email a 
courtesy copy of the request to John Piazza at <a href="/cdn-cgi/l/email-protection#92d8fdfafcbcc2fbf3e8e8f3d2f6fde6bcf5fde4"><span class="__cf_email__" data-cfemail="246e4b4c4a0a744d455e5e4564404b500a434b52">[email&#160;protected]</span></a>.

List of Subjects in 49 CFR Part 585

    Motor vehicle safety, Reporting and recordkeeping requirements.

    In consideration of the foregoing, NHTSA amends 49 CFR part 585 as 
follows:

PART 585--PHASE-IN REPORTING REQUIREMENTS

0
1. The authority citation for Part 585 continues to read as follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.95.

Subpart A--General

0
2. Amend Sec.  585.2 by revising paragraph (f) as follows:


Sec.  585.2  Phase-in reports.

* * * * *
    (f) Be submitted to: Administrator, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590.

0
3. Revise Sec.  585.4 to read as follows:


Sec.  585.4  Petitions to extend period to file report.

    A petition for extension of the time to submit a report required 
under this part shall be received not later than 15 days before the 
report is due. The petition shall be submitted to: Administrator, 
National Highway Traffic Safety Administration, 1200 New Jersey Avenue 
SE, Washington, DC 20590. The filing of a petition does not 
automatically extend the time for filing a report. A petition will be 
granted only if the petitioner shows good cause for the extension, and 
if the extension is consistent with the public interest.

Subparts B and C--[Removed and Reserved]

0
4. Remove and reserve Subparts B and C

Subparts E Through M--[Removed and Reserved]

0
5. Remove and reserve subparts E through M.


[[Page 33123]]


    Issued under authority delegated in 49 CFR 1.95.
Jonathan Morrison,
Administrator.
[FR Doc. 2026-11071 Filed 6-2-26; 8:45 am]
BILLING CODE 4910-59-P


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