Notice of Intent To Establish a Negotiated Rulemaking Advisory Committee for Vehicle Lighting; Request for Comments and Solicitation of Nominations for Membership

Issuing agencies

Abstract

NHTSA announces its intent to form a Negotiated Rulemaking Advisory Committee for Vehicle Lighting. The committee will advise the Secretary on vehicle lighting safety matters through a negotiated rulemaking process. The committee will terminate when its stated objectives have been accomplished (i.e., the committee submits its recommendations to the Secretary) or upon the expiration of a period not to exceed two years, unless the charter is renewed by the Secretary. This notice seeks public comment on the proposed establishment of this committee and its proposed membership. This notice also requests nominations for membership on the committee.

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<title>Federal Register, Volume 91 Issue 194 (Thursday, October 8, 2026)</title>
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[Federal Register Volume 91, Number 194 (Thursday, October 8, 2026)]
[Notices]
[Pages 64462-64464]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20648]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2026-1981]


Notice of Intent To Establish a Negotiated Rulemaking Advisory 
Committee for Vehicle Lighting; Request for Comments and Solicitation 
of Nominations for Membership

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

ACTION: Notice of intent to establish a Negotiated Rulemaking Advisory 
Committee for Vehicle Lighting; request for comment; solicitation of 
nominations for membership.

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SUMMARY: NHTSA announces its intent to form a Negotiated Rulemaking 
Advisory Committee for Vehicle Lighting. The committee will advise the 
Secretary on vehicle lighting safety matters through a negotiated 
rulemaking process. The committee will terminate when its stated 
objectives have been accomplished (i.e., the committee submits its 
recommendations to the Secretary) or upon the expiration of a period 
not to exceed two years, unless

[[Page 64463]]

the charter is renewed by the Secretary. This notice seeks public 
comment on the proposed establishment of this committee and its 
proposed membership. This notice also requests nominations for 
membership on the committee.

DATES: Comments on the intent to establish the committee and the 
proposed membership must be received by November 9, 2026. Applications 
for membership must be received by NHTSA on or before 5 p.m. ET 
November 9, 2026.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting.
    <bullet> Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
    If you wish to apply for membership, your application should be 
submitted to: Email: <a href="/cdn-cgi/l/email-protection#5c30353b342835323b3a3d3f1c383328723b332a"><span class="__cf_email__" data-cfemail="610d08060915080f0607000221050e154f060e17">[email&#160;protected]</span></a>. Mail: Use overnight mail only 
and send to: U.S. Department of Transportation, National Highway 
Traffic Safety Administration, Office of Rulemaking, Attn: Advisory 
Committee for Vehicle Lighting, 1200 New Jersey Avenue SE, Washington, 
DC 20590. The committee charter can be found in the docket to this 
notice.

FOR FURTHER INFORMATION CONTACT: For committee-related issues, please 
contact Evan Frings, General Engineer, Visibility and Injury Prevention 
Division, Office of Rulemaking, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; email: 
<a href="/cdn-cgi/l/email-protection#157063747b3b73677c7b726655717a613b727a63"><span class="__cf_email__" data-cfemail="2a4f5c4b44044c5843444d596a4e455e044d455c">[email&#160;protected]</span></a>. For legal questions, please contact Ella Hood, 
Attorney-Advisory, Office of the Chief Counsel, National Highway 
Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, 
DC 20590; email: <a href="/cdn-cgi/l/email-protection#8beee7e7eaa5e3e4e4efcbefe4ffa5ece4fd"><span class="__cf_email__" data-cfemail="27424b4b46094f4848436743485309404851">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    Background: NHTSA announces its intent to establish a Negotiated 
Rulemaking Advisory Committee for Vehicle Lighting in accordance with 
the Negotiated Rulemaking Act, 5 U.S.C. 561, et. seq. and the Federal 
Advisory Committee Act (FACA), as amended, 5 U.S.C. ch. 10. In a 
negotiated rulemaking, an agency invites representatives of interested 
parties likely to be significantly affected by a regulation to work 
with each other and the agency on an advisory committee to seek to 
reach consensus recommendations on the appropriate resolution of the 
issues before the committee. If a consensus is reached, the Department 
will issue a proposed rule consistent with that consensus for public 
comment under established rulemaking procedures.
    This committee would be formed to assist NHTSA, an operating 
administration of the Department, with the development of consensus 
recommendations to inform a rulemaking proposal to modernize the 
existing vehicle lighting requirements in Federal Motor Vehicle Safety 
Standard (FMVSS) No. 108, Lamps, reflective devices, and associated 
equipment, issued pursuant to the authority of the National Traffic and 
Motor Vehicle Safety Act (49 U.S.C. 30101, et seq.). Specifically, the 
committee would be tasked with developing a detailed term sheet 
consisting of consensus recommendations to inform the agency's 
rulemaking proposal.
    Consistent with its authority, NHTSA has determined that 
establishing a negotiated rulemaking committee is necessary and in the 
public interest based on agency regulatory review activities and 
stakeholder feedback that have preceded this notice.
    NHTSA has long recognized the complexity of FMVSS No. 108 and the 
need to modernize the standard to facilitate new vehicle designs and 
emerging technologies. To that end, the agency initiated a rulemaking 
action (RIN 2127-AL95) in the Spring 2018 Unified Agenda of Regulatory 
and Deregulatory Actions (``Unified Agenda''). This ongoing 
modernization effort gained further momentum and generated significant 
internal dialogue following the receipt of a petition for rulemaking 
from Osram Sylvania regarding LED replacement light sources.\1\ Given 
the technical challenges of updating these legacy requirements, NHTSA 
recognizes that the expertise of outside stakeholders is essential in 
any highly technical discussion of revising FMVSS No. 108.
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    \1\ Petition for Rulemaking from Osram Sylvania to the Nat'l 
Highway Traffic Safety Admin., No. ES19-004219 (Dec. 12, 2019).
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    To address the need for modernization, NHTSA plans to use a 
negotiated rulemaking process to work collaboratively with interested 
stakeholders. The effort will cover various topics of modernization, 
such as glare caused by headlighting systems, replaceable light 
sources, dusk sensors, plastic optical materials, semiautomatic beam 
switching, minimum lamp size requirements, lower beam photometry, upper 
beam photometry, on-vehicle headlamps performance that considers aim 
and mounting height, auxiliary lamp requirements, three-wheel 
motorcycle installation requirements, obsolete physical test 
requirements for associated equipment, physical test procedures for 
lamps that use replaceable lenses, and harmonization to international 
standards. Some of these topics have been introduced previously in an 
abstract published in the Unified Agenda for RIN 2127-AL95 as part of 
current efforts to modernize vehicle lighting standards.\2\
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    \2\ See 2026 Regulatory Plan and Unified Agenda of Federal 
Regulatory and Deregulatory Actions, Assessment of Federal Motor 
Vehicle Safety Standards for Lighting (RIN 2127-AL95, available at 
<a href="https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202510&RIN=2127-AL95">https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202510&RIN=2127-AL95</a>).
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    Proposed Agenda and Schedule: The committee would establish a 
working schedule to develop a rulemaking proposal within its chartered 
duration. In accordance with FACA, the charter shall terminate two 
years after the date on which the charter is filed, unless it is 
renewed by the Secretary. To ensure the committee timely completes its 
work within its two-year duration, NHTSA intends to publish a Notice of 
Proposed Rulemaking (NPRM) promptly after the committee submits its 
consensus recommendations, the Secretary approves them either as 
submitted or in modified form, and after appropriate consultation with 
the Office of Information and Regulatory Affairs. The Agency expects 
that the committee will finalize its deliberations and provide its 
detailed term sheet within the active period of its charter.
    The proposed agenda would include the drafting of a consensus 
report recommending specific regulatory updates. The committee would 
meet approximately four times per year with additional meetings as 
necessary to meet assigned tasks. Committee members would be provided 
with advance notice of any need to increase meeting frequency, and all 
meeting dates would be published in advance in the Federal Register in 
accordance with FACA requirements. Meetings would be open to the public 
and held virtually (or in a hybrid forum that does not require 
additional use of Federal funds), unless otherwise approved by the 
Secretary.
    Administrative Support: NHTSA would provide the necessary 
administrative support for the committee. This would include meeting 
facilities, virtual meeting access capabilities, technical assistance, 
and document management. In addition, NHTSA would procure the services 
of a neutral facilitator to manage the committee meetings and to assist 
the

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members in reaching consensus. Committee members would not receive pay 
or other compensation for their committee service.
    Interests Significantly Affected and Membership: NHTSA has 
determined that establishing a negotiated rulemaking committee is in 
the public interest and that there are identifiable interests that 
would be significantly affected by the rulemaking. These groups include 
those that manufacture vehicles and vehicle equipment in the United 
States, as well as groups that focus on engineering, safety, and 
general standard setting. To ensure a range of views among these 
groups, the agency proposes that the committee shall consist of up to 
18 members qualified to serve based on their expertise, training, 
experience, and ability to represent one of the identified categories. 
In general, appointments will reflect a balance of views and 
professional backgrounds.
    Due to the various groups identified and the desired number of 
representatives from each, no single group would have a controlling 
stake in the committee, and the approach would be to achieve consensus 
on any topic discussed or recommendation produced. The Secretary of 
Transportation would appoint each member for a single term of two years 
or until the completion of committee activities, whichever is sooner, 
unless otherwise renewed in accordance with FACA. All members serve at 
the pleasure of the Secretary, who may appoint a member or terminate 
any member's tenure at his discretion. The Secretary also may extend 
appointments and may appoint replacements for members who resign 
outside a stated term, as necessary.
    Pursuant to 5 U.S.C. 564(a)(4), NHTSA proposes representation from 
the following groups to reflect the interests significantly affected by 
this rulemaking:
    <bullet> Four representatives from vehicle lighting manufacturers 
or lighting retailers;
    <bullet> Two representatives from national motor vehicle 
manufacturers;
    <bullet> Four representatives from national motor vehicle or motor 
vehicle equipment manufacturing associations;
    <bullet> Two representatives from national motor vehicle or motor 
vehicle equipment safety organizations;
    <bullet> Three representatives from educational institutions or 
research institutions, or testing organizations within the United 
States; and
    <bullet> Three representatives from national professional 
engineering associations or standard setting associations.
    Anyone who feels these categories do not fully represent their 
interests should detail their reasoning in their comment or membership 
application. NHTSA requests comments and suggestions regarding its 
tentative list of significantly affected stakeholder categories from 
which potential members of the committee may be selected.
    Consistent with the Negotiated Rulemaking Act, the committee will 
also include a representative from NHTSA who will participate fully in 
the committee's deliberations and is authorized to represent the agency 
in discussions and negotiations. (5 U.S.C. 566(b)).
    Process and Deadline for Submitting Comments and Nominations: As 
part of establishing the committee, NHTSA is seeking public feedback. 
NHTSA welcomes comment on all aspects of the negotiated rulemaking 
committee described in this notice and requests comments specifically 
on (1) the proposed scope of the committee and (2) the proposed balance 
of representation on the committee. NHTSA will consider the comments 
and information received in establishing its Negotiated Rulemaking 
Advisory Committee for Vehicle Lighting.
    Applications from interested individuals. To be considered for 
appointment, qualified applicants are invited to self-nominate or be 
nominated by any stakeholder or stakeholder organization by submitting 
the following information:
    <bullet> Name, title, and relevant contact (including phone, fax 
(if available), and email address) of the nominee and a description of 
the interests the applicant or nominee shall represent;
    <bullet> A letter of support from a company, association, academic 
or nonprofit organization on letterhead authorizing the applicant or 
nominee to represent parties related to the interest the person 
proposes to represent;
    <bullet> Short biography of the nominee, including professional and 
academic credentials; and
    <bullet> A written commitment that the applicant or nominee shall 
actively participate in good faith in the development of the rule under 
consideration.
    Each applicant must identify the category that he or she seeks to 
represent. Members should be senior level officials who are authorized 
to participate on the committee by their organizations and who either 
are experts on vehicle lighting with respect to the topics of interest 
to their organizations or who have access to such experts. Individuals 
applying for membership should keep in mind that committee members are 
representing a class of interests based on the sector identified and 
should be prepared to participate in committee activities from that 
perspective.
    Materials submitted should total two pages or less. An applicant 
should include his or her full legal name and date of birth in the 
application. Evaluations will be based on publicly available 
information and the materials submitted. Submissions must be sent to 
the location listed in the ADDRESSES section by the deadline listed in 
the DATES section. Applicants selected for appointment to the committee 
will be notified by return email and by letter of appointment.
    Authority: Issued under authority in 49 CFR 1.95 and 501.8.

Jonathan Morrison,
Administrator.
[FR Doc. 2026-20648 Filed 10-7-26; 8:45 am]
BILLING CODE 4910-59-P


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