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Proposed Rule2026-21794

Federal Motor Vehicle Safety Standards; Modernization of FMVSS No. 108 To Accommodate ADS-Equipped Vehicles

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Published

October 26, 2026

Issuing agencies

Transportation DepartmentNational Highway Traffic Safety Administration

Abstract

NHTSA is proposing to amend Federal Motor Vehicle Safety Standard (FMVSS) No. 108, "Lamps, reflective devices, and associated equipment." The proposed updates to the standard are intended to remove unnecessary requirements and to provide design flexibility without impact on vehicle safety. The first two proposed changes would amend the test voltage specification for integral beam type headlamps and remove requirements that apply to vertical headlamp arrangements. Further proposed changes address vehicles equipped with Automated Driving Systems (ADS) that do not have manually operated driving controls. Those modifications would limit the application of certain requirements for manually operated turn signal, hazard warning signal, and beam switching controls to vehicles with manually operated driving controls. The changes are intended to address regulatory burdens and costs associated with equipment that does not fulfill the same purpose or provide safety benefits in an ADS-equipped vehicle without manually operated driving controls as in a vehicle with such controls. The changes would also narrow certain requirements for telltales to vehicles with manually operated driving controls and incorporate the term "telltale" where appropriate throughout the standard. Finally, a proposed addition to the standard would allow cyan-colored ADS marker lamps as optional motor vehicle lighting equipment in ADS-equipped vehicles.

Full Text

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<title>Federal Register, Volume 91 Issue 205 (Monday, October 26, 2026)</title>
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[Federal Register Volume 91, Number 205 (Monday, October 26, 2026)]
[Proposed Rules]
[Pages 67243-67261]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21794]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2026-1519]
RIN 2127-AM70

Federal Motor Vehicle Safety Standards; Modernization of FMVSS
No. 108 To Accommodate ADS-Equipped Vehicles

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

[[Page 67244]]

ACTION: Notice of proposed rulemaking.

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SUMMARY: NHTSA is proposing to amend Federal Motor Vehicle Safety
Standard (FMVSS) No. 108, ``Lamps, reflective devices, and associated
equipment.'' The proposed updates to the standard are intended to
remove unnecessary requirements and to provide design flexibility
without impact on vehicle safety. The first two proposed changes would
amend the test voltage specification for integral beam type headlamps
and remove requirements that apply to vertical headlamp arrangements.
Further proposed changes address vehicles equipped with Automated
Driving Systems (ADS) that do not have manually operated driving
controls. Those modifications would limit the application of certain
requirements for manually operated turn signal, hazard warning signal,
and beam switching controls to vehicles with manually operated driving
controls. The changes are intended to address regulatory burdens and
costs associated with equipment that does not fulfill the same purpose
or provide safety benefits in an ADS-equipped vehicle without manually
operated driving controls as in a vehicle with such controls. The
changes would also narrow certain requirements for telltales to
vehicles with manually operated driving controls and incorporate the
term ``telltale'' where appropriate throughout the standard. Finally, a
proposed addition to the standard would allow cyan-colored ADS marker
lamps as optional motor vehicle lighting equipment in ADS-equipped
vehicles.

DATES: Comments should be submitted no later than November 25, 2026.

ADDRESSES: You may submit comments identified by the docket number in
the heading of this document 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="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided. Please see the Privacy Act heading
below.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of NHTSA's dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477-78) or you may visit <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> or the street
address listed above. Follow the online instructions for accessing the
dockets via internet.
Confidential Business Information: If you claim that any of the
information in your comment (including any additional documents or
attachments) constitutes confidential business information within the
meaning of 5 U.S.C. 552(b)(4) or is protected from disclosure pursuant
to 18 U.S.C. 1905, please see the detailed instructions given under the
Public Participation heading of the SUPPLEMENTARY INFORMATION section
of this document.

FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact
Ms. Lina Valivullah, Office of Automation Safety; Telephone: 202-366-
1810; Email: <a href="/cdn-cgi/l/email-protection#5814313639760e3934312e2d34343930183c372c763f372e">[email&#160;protected]</a>; Facsimile: 202-493-2739 or Mr.
Gerald Devries, Office of Crash Avoidance, Rulemaking; Telephone: 202-
366-1810; Email: <a href="/cdn-cgi/l/email-protection#2d6a485f4c41490369485b5f44485e6d494259034a425b">[email&#160;protected]</a>; Facsimile: 202-493-2739. For
legal issues, you may contact Mr. David Jasinski, NHTSA Office of the
Chief Counsel, Email: <a href="/cdn-cgi/l/email-protection#793d180f101d5733180a10170a1210391d160d571e160f">[email&#160;protected]</a>. The mailing address of
these officials is: National Highway Traffic Safety Administration,
1200 New Jersey Avenue SE, Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Background
a. Test Voltage
b. Headlamp Mounting Orientation
c. ADS-Equipped Vehicles Without Manually Operated Driving
Controls
d. ADS Marker Lamps
III. Proposed Changes
a. Integral Beam Headlamp Test Voltage
b. Vertical Headlamp Arrangements
c. Turn Signal, Hazard Warning Signal, and Beam Switching
Equipment
d. Telltales
e. ADS Marker Lamps
IV. Request for Comment
V. Rulemaking Analyses and Notices
VI. Public Participation

I. Executive Summary

NHTSA proposes to amend Federal Motor Vehicle Safety Standard
(FMVSS) No. 108, ``Lamps, reflective devices, and associated
equipment.'' FMVSS No. 108 applies to passenger cars, multipurpose
passenger vehicles, trucks, buses, trailers (except pole trailers and
trailer converter dollies), and motorcycles; certain retroreflective
sheeting and reflex reflectors; and lamps, reflective devices, and
associated equipment for replacement of like equipment on vehicles to
which the standard applies. In an effort to enable innovation and to
provide flexibility in vehicle design, the proposed modifications
would: (1) update requirements related to headlamp test voltage; (2)
provide flexibility for headlamp upper and lower beam mounting
arrangements; (3) narrow the application of certain requirements for
manually operated turn signal, hazard warning signal, and beam
switching controls to vehicles with manually operated driving controls;
(4) narrow certain requirements for telltales to vehicles with manually
operated driving controls and incorporate the term ``telltale'' where
appropriate throughout the standard; and (5) allow for equipping
vehicles with automated driving system (ADS) marker lamps and
standardizing their performance.
First, FMVSS No. 108 currently requires headlamps in all vehicles
for which it applies, except trailers, to meet the applicable
performance requirements when tested at 12.8 volts. NHTSA proposes to
revise the test voltages for integral beam headlamps. Because the
market has moved to integral beam headlamps, NHTSA is proposing to
eliminate standardized voltage for those lamps. The need for readily
available replacement lamps, as a routine maintenance item, is limited
compared to when this requirement was put into place. Other headlamp
types such as replaceable bulb headlamps and sealed beam headlamps
would continue to be tested at 12.8 volts.
Second, FMVSS No. 108 states that where upper and lower beams are
installed in a vertical orientation, the lower beams must be provided
by the uppermost headlamp.\1\ NHTSA proposes to remove the current
requirements associated with vertical

[[Page 67245]]

headlamp arrangements. The minimum and maximum mounting height
requirements for headlamps would be unaffected by the removal of the
vertical arrangement requirements. Considering advancements in lighting
technology, NHTSA has tentatively concluded that it is possible to
provide adequate illumination for safe driving without requiring the
lower beam to be placed above the upper beam.
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\1\ In FMVSS No. 108, upper beam means a beam intended primarily
for distance illumination and for use when not meeting or closely
following other vehicles. Lower beam means a beam intended to
illuminate the road and its environs ahead of the vehicle when
meeting or closely following another vehicle.
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Third, there are several proposed changes that pertain to vehicles
equipped with an ADS that do not have any manually operated driving
controls such as a steering wheel or service brake pedal.\2\ Although
these vehicles currently are not available for consumer purchase, some
manufacturers and rideshare operators have deployed such vehicles in a
number of cities, and several others are developing and testing such
vehicles throughout the United States. NHTSA is engaging in a process
to remove unnecessary barriers to technological innovation while
ensuring motor vehicle safety is not compromised. For FMVSS No. 108,
NHTSA proposes to remove references to a driver in the definition of
vehicular hazard warning signal operating unit to clarify its
application to vehicles operated by a human or an ADS. The requirement
pertaining to ease of actuation of multiple switches by a person
driving the vehicle would be limited to vehicles with manually operated
driving controls.\3\ FMVSS No. 108 requires all vehicles to which it
applies, except for trailers, to be equipped with a turn signal
operating unit. NHTSA has tentatively concluded that the self-canceling
and manually operated control requirements in the current standard are
unnecessary for turn signal operating units that are installed on
vehicles without manually operated driving controls; thus the proposed
modifications narrow those requirements to vehicles with manually
operated driving controls. The requirement to have a turn signal
operating unit would be retained, such that vehicles without manually
operated driving controls would still be required to have a means for
operating the turn signal lamps (which could be non-manual). The
proposed modifications would not change the self-canceling and manual
control specifications for turn signal operating units installed on
vehicles with manually operated driving controls. FMVSS No. 108 also
requires all vehicles to which it applies, except trailers, to be
equipped with a headlamp beam switching device. NHTSA proposes to limit
the current requirements associated with operation by a driver's hand
or foot to apply only to vehicles with manually operated driving
controls. The proposed modifications would not change the requirements
for vehicles with manually operated driving controls. A vehicle without
manually operated driving controls would still be required to have a
means of switching headlamp beams (which could be non-manual).
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\2\ Per 49 CFR 571.3, manually operated driving controls means a
system of controls:
(i) That are used by an occupant for real-time, sustained,
manual manipulation of the motor vehicle's heading (steering) and/or
speed (accelerator and brake); and
(ii) That is positioned such that they can be used by an
occupant, regardless of whether the occupant is actively using the
system to manipulate the vehicle's motion.
\3\ Edits proposed or adopted in other modernization notices
have been structured in the negative (i.e., vehicles without
manually operated driving controls are excepted from certain
requirements) or in juxtaposition (i.e., separate provisions
applicable to vehicles with or without manually operated driving
controls are placed next to each other). This NPRM proposes edits in
the positive (i.e., requirements are retained on vehicles with
manually operated driving controls). NHTSA intends for each approach
to function in the same manner and draw the same distinction between
vehicles, where each vehicle is categorized as either with or
without manually operated driving controls.
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Fourth, NHTSA proposes to limit the requirements for telltales for
turn signals and upper beam headlamps to apply only to vehicles with
manually operated driving controls. NHTSA also proposes to replace the
words ``pilot indicator'' or ``indicator'' with ``telltale'' as
appropriate throughout the standard to align with definitions and usage
in FMVSS No. 101, ``Controls and Displays.''
Finally, NHTSA proposes to incorporate specifications for an ADS
marker lamp as optional equipment in ADS-equipped vehicles. FMVSS No.
108 currently has no specific requirements for a lamp with the purpose
of communicating to other road users that a vehicle is operating
without the expectation that an occupant is monitoring the roadway
(i.e., the vehicle ADS is engaged in full, active control of the
driving task).\4\ This NPRM proposes ADS marker lamp requirements
applicable if such a lamp is equipped. The proposal is due to the
development of a consensus industry standard for ADS marker lamps,\5\
the increased use of this type of lamp on vehicles internationally, and
the agency's need to ensure that the new lighting performs in a manner
that does not detract from existing levels of motor vehicle safety.
NHTSA tentatively concludes that a standardized ADS marker lamp will
mitigate the risk of manufacturers implementing non-standardized lamp
applications, which may become a nuisance, cause confusion, or
otherwise have potential negative safety outcomes. Like other lamps
regulated through FMVSS No. 108, the proposed ADS marker lamp criteria
include the number of lamps, mounting locations, activation,
visibility, color, and photometric intensity.
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\4\ The driving task includes, but is not limited to, steering,
accelerating, braking, and monitoring the vehicle surroundings.
\5\ SAE International Standard J3134_202512 ``Automated Driving
System (ADS) Marker Lamp.''
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II. Background

FMVSS No. 108, ``Lamps, reflective devices, and associated
equipment,'' specifies requirements for original and replacement lamps,
reflective devices, and associated equipment. The purpose of FMVSS No.
108 is to reduce traffic crashes, and deaths and injuries resulting
from traffic crashes, by providing adequate illumination of the roadway
and by enhancing the conspicuity of motor vehicles on roadways so that
their presence is perceived, and their signals understood, both in
daylight and in darkness or other conditions of reduced visibility.

a. Test Voltage

In 1967, FMVSS No. 108 standardized sealed beam headlamps and
standardized the voltages at which they were tested to be 12.8
volts.\6\ This standardization provided commonality and supported
readily available headlamps as replacement equipment given the
relatively short lifespan of those headlamps. This voltage was useful
for the lighting technology at the time and allowed headlamps to
provide the required lighting output to satisfy the need for safety. As
lighting technologies evolved from sealed beam headlamps into
replaceable bulb headlamps, the voltage requirements were carried
forward to continue providing that commonality and support the
availability of headlamp replaceable light sources.\7\ The progression
in headlighting system design has moved from common sealed beams to
common headlamp replaceable light sources, to integral beam headlamps
that are specifically designed for the particular vehicle model on
which they are installed as original equipment. Current integral beam
headlamps use light sources which have a much longer lifespan than the
incandescent and halogen sources used in the past. These types of
illumination sources are not dependent on any particular voltage to
provide adequate

[[Page 67246]]

illumination and do not routinely fail prior to the end of the
vehicle's lifespan. As such, NHTSA is proposing to revise the test
voltage specifications for integral beam headlamps such that NHTSA
tests integral beam headlamps at the voltage stipulated by the
manufacturer. NHTSA seeks comment regarding the need to extend this
revision to test voltage to daytime running lights.
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\6\ 32 FR 2418.
\7\ 48 FR 1992.
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b. Headlamp Mounting Orientation

At the time FMVSS No. 108 was originally adopted, headlamp light
source technology provided relatively low luminous flux. To provide the
maximum illumination of the road in front of the vehicle, it was
important to place the headlamps as high as practicable within limits
to avoid excessive glare.\8\ The standard provided minimum and maximum
heights for the placement of the upper and lower beams. An additional
requirement for the orientation of the two beams was given for upper
and lower beams that were vertically oriented. With the intent of
providing the maximum amount of forward illumination by the lower beam,
the standard requires that the lower beam be placed above the upper
beam in a vertical headlamp arrangement.\9\ With the increase in
luminous flux provided by current headlamp technologies, this
requirement has become outdated. Therefore, NHTSA is proposing to
remove the requirements for vertical headlamp arrangements to allow
lower beam headlamps to be placed below the upper beam when vertically
arranged.
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\8\ 32 FR 2419.
\9\ 54 FR 20066.
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c. ADS-Equipped Vehicles Without Manually Operated Driving Controls

An ADS commonly is considered to be a combination of hardware and
software that can perform all real-time operational and tactical
functions required to operate a motor vehicle on a sustained basis
\10\--functions that traditionally have been performed by a human
driver using manually operated driving controls. As defined in 49 CFR
571.3 and used throughout this document, manually operated driving
controls means a system of controls: (i) used by an occupant for real-
time, sustained, manual manipulation of the motor vehicle's heading
(steering) and/or speed (accelerator and brake); and (ii) positioned
such that they can be used by an occupant, regardless of whether the
occupant is actively using the system to manipulate the vehicle's
motion. In an ADS-equipped vehicle designed to be operated only by an
ADS, manually operated driving controls are not inherently necessary.
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\10\ See, e.g., SAE, Taxonomy and Definitions for Terms Related
to Driving Automation Systems for On-Road Motor Vehicles,
J3016_202104 (April 30, 2021), available at <a href="https://www.sae.org/standards/content/j3016_202104/">https://www.sae.org/standards/content/j3016_202104/</a>; Tex. Transp. Code Sec. 545.451.
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NHTSA has published prior Federal Register notices requesting
comment, proposing changes, and updating existing regulations to
address vehicle automation. These notices include a request for comment
(RFC), ``Removing Regulatory Barriers for Vehicles with Automated
Driving Systems,'' published on February 13, 2018,\11\ and a subsequent
advance notice of proposed rulemaking (ANPRM) with the same title
published on May 28, 2019.\12\ The RFC posed questions about
identifying and addressing regulatory barriers for vehicles that lack
traditional manual controls or have unconventional seating. The ANPRM
focused on the challenges of testing and verifying compliance for
vehicles without traditional manual controls. A separate notice of
proposed rulemaking (NPRM), ``Occupant Protection for Automated Driving
Systems,'' \13\ was published in 2020, with the corresponding final
rule, ``Occupant Protection for Vehicles with Automated Driving
Systems,'' published on March 30, 2022.\14\ The rulemaking focused on
crashworthiness standards for ADS-equipped vehicles without manual
driving controls, revising definitions and updating occupant protection
standards to exclude vehicles specifically designed not to contain any
occupants. The 2022 final rule also established the definition for
manually operated driving controls. On December 3, 2020, NHTSA
published an ANPRM titled, ``Framework for Automated Driving Systems,''
to discuss and request comment on the manner in which the agency would
define, assess, and manage objectively the safety of ADS performance
while ensuring the needed flexibility to enable further innovation.\15\
The ANPRM included recognition of a phased approach to addressing ADS
safety, including NHTSA's modernization of the FMVSS for ADS-equipped
vehicles without traditional manual driving controls. Earlier this
year, NHTSA published three NPRMs proposing to amend FMVSS No. 102,
``Transmission shift position sequence, starter interlock, and
transmission braking effect;'' FMVSS Nos. 103 and 104, ``Windshield
defrosting and defogging systems'' and ``Windshield wiping and washing
systems;'' and FMVSS No. 110, ``Tire selection and rims and motor home/
recreation vehicle trailer load carrying capacity information for motor
vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less;'' to
eliminate unnecessary barriers to vehicles without manually operated
driving controls in furtherance of these modernization efforts.
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\11\ 83 FR 6148.
\12\ 84 FR 24433.
\13\ 85 FR 17624.
\14\ 87 FR 18560.
\15\ 85 FR 78058.
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This NPRM continues this task as applied to FMVSS No. 108, which
was developed at a time when all vehicles were operated by human
drivers who interacted with the manually operated driving controls
installed in the vehicle, including the turn signal operating unit and
the beam switching unit. As such, the standard sets driver-based
requirements for these systems' controls which have had the unintended
effect of creating regulatory barriers for ADS-equipped vehicles
without manually operated driving controls. Therefore, NHTSA is
proposing to revise the definition of vehicular hazard warning system
operating unit and narrow the application of certain requirements for
the turn signal, hazard warning signal, and beam switching controls.
That said, NHTSA maintains that any vehicle equipped with manually
operated driving controls, regardless of whether it is equipped with an
ADS, must continue to meet all existing safety requirements.

d. ADS Marker Lamps

Existing and Emerging Standards
As ADS technology has developed, some participants in the industry
have sought to create a standardized indication of active ADS operation
by means of a marker lamp on the vehicle. SAE Standard J3134,
originally issued May 2019 and revised December 2025, details the use
and characteristics of an ``Automated Driving System (ADS) Marker
Lamp.'' In this notice, reference to SAE Standard J3134 means the
December 2025 version unless stated otherwise. The 2019 standard cited
studies ``suggest[ing] that road users prefer ADS-equipped vehicles to
have additional signals to indicate when the vehicle's ADS is
engaged.'' The original version also emphasized alignment with NHTSA's
Federal Automated Vehicles Policy and the United Nations Economic
Commission for Europe (UNECE) Working Party on Lighting and Light
Signaling (GRE) for ADS vehicle communication with other road users.
The 2019 version of SAE J3134 specified requirements for marker lamps
on the

[[Page 67247]]

front of the vehicle while the updated version of the standard has
specifications for rear and side ADS marker lamps as well. The updated
rationale explains that rear and side ADS marker lamps are considered
for regulation in UNECE and China, and that the American Association of
Motor Vehicle Administrators (AAMVA) recommends their implementation to
support law enforcement's ability to identify if an ADS-equipped
vehicle is being operated by the ADS or the driver.
The UNECE GRE established a Task Force to develop a harmonized
standard for ADS lamps and has collaborated with stakeholders,
including SAE International and Mercedes-Benz. UNECE has defined the
target beneficiaries of the standard to be law enforcement,
pedestrians, and other road users.\16\ The UNECE Working Party on
Automated/Autonomous and Connected Vehicles (GRVA) has consulted with
the UNECE GRE Task Force on Autonomous Vehicle Signaling Requirements
(AVSR) and established its own recommendations. In general, ``GRVA
recommends the establishment of uniform provisions for a light signal
to communicate the operational status of the ADS,'' noting potential
benefits for law enforcement.\17\ GRVA, though, does not recommend
requiring additional lighting for ADS-operated vehicles in UNECE
regulation due to uncertainty and the need for further research.
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\16\ United Nations Economic Commission for Europe (UNECE),
``Proposal for a New UN Regulation on Automated Driving System (ADS)
External Light-Signalling,'' Informal Document GRE-90-06, (April
2024), available at <a href="https://unece.org/sites/default/files/2024-03/GRE-90-06e.pdf">https://unece.org/sites/default/files/2024-03/GRE-90-06e.pdf</a> (last accessed March 31, 2026).
\17\ United Nations Economic Commission for Europe (UNECE),
``GRVA Recommendations on ADS External Light-Signalling,'' Informal
Document WP.29-188-10, (November 2022), available at <a href="https://unece.org/sites/default/files/2022-11/WP.29-188-10e.pdf">https://unece.org/sites/default/files/2022-11/WP.29-188-10e.pdf</a> (last
accessed March 31, 2026).
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Supporting Research and Recommendations
The results of an international survey led by the Japanese National
Traffic Safety and Environment Laboratory were presented at the 92nd
GRE in April 2025.\18\ The survey included over 4,400 drivers in the
United Kingdom, Japan, United States, and Germany. These respondents
were asked to provide their opinion regarding the need for, and use of,
marker lamps to indicate operation of a vehicle by an ADS. The majority
of respondents in each country, including upwards of 80 percent of
respondents in the United States and the United Kingdom, responded
affirmatively as to whether ADS-equipped vehicles should be equipped
with a marker lamp. Less specific to marker lamps, around 70 percent of
respondents in each country affirmed that the operating status (ADS or
manual driving mode) of an ADS-equipped vehicle should be
distinguishable from the outside of the vehicle.
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\18\ United Nations Economic Commission for Europe, Proposal for
turquoise lighting for ADS-equipped vehicles (Informal document GRE-
92-27e), Working Party on Lighting and Light-Signalling (GRE), 92nd
session (2025), available at <a href="https://unece.org/sites/default/files/2025-04/GRE-92-27e.pdf">https://unece.org/sites/default/files/2025-04/GRE-92-27e.pdf</a>.
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Mercedes-Benz expressed interest in increasing other road users'
acceptance and confidence in ADS-equipped vehicles and claimed that the
ADS marker lamp is an intuitive way to communicate that the ADS is
engaged in operating the vehicle. Mercedes-Benz presented
recommendations in a meeting with NHTSA and at the 89th GRE session via
the AVSR task force.\19\ Mercedes-Benz provided an analysis with
respect to the placement and integration of ADS marker lamps and stated
that a 360-degree view of the cyan lamps would be beneficial to law
enforcement and other road users without leading to distraction or
confusion. Mercedes-Benz suggested that concerns regarding ADS marker
lamps, such as a lack of understanding and confusion about the meaning,
could be mitigated through educational measures before and during
market launch. Mercedes-Benz has also conducted a two-year on-road
validation of ADS marker lamps in California from 2023 to 2025, using
five vehicles to gather data to understand how other road users
interacted with vehicles with ADS marker lamps.
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\19\ Automated Driving System (ADS) Marker Lamps, Mercedes-Benz
AG Concept presented at 89 89th GRE Session via TF AVSR (July 15,
2024), available at <a href="https://wiki.unece.org/download/attachments/254181542/AVSR-18-02%20-%20ADS%20Marker%20Lamps%20-%20Mercedes-Benz%20AG%20Concept%2089th%20GRE.pdf?api=v2">https://wiki.unece.org/download/attachments/254181542/AVSR-18-02%20-%20ADS%20Marker%20Lamps%20-%20Mercedes-Benz%20AG%20Concept%2089th%20GRE.pdf?api=v2</a>.
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In response to the changing market and materials reviewed and
submitted, NHTSA is proposing to amend FMVSS No. 108 to incorporate
standardized specifications for front, rear, and side ADS marker lamps
if they are installed on a motor vehicle. NHTSA is not proposing to
mandate ADS marker lamps on all vehicles equipped with ADS. The
proposal largely, but not entirely, aligns with the specifications in
SAE J3134.

III. Proposed Changes

a. Integral Beam Headlamp Test Voltage

FMVSS No. 108 S14.2.5.4 states that headlamps are tested with a
direct current test voltage of 12.8 volts <plus-minus>20 mv, and does
not distinguish between headlamp type. The standardization of headlamp
voltage supported readily available replacement lamps for incandescent
and halogen technology which did not last the life of the vehicle.\20\
In S14.6.4.1.1, the test voltage and current are specified. The product
of the voltage and current is power. NHTSA is proposing to change the
test from specific voltage and current values to power in watts. This
will allow a manufacturer of an integral beam headlamp that operates at
a design voltage other than 12.8 volts to have an equivalent test to
systems that operate at 12.8 volts.
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\20\ 54 FR 20084.
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FMVSS No. 108 S6.5.3.2 requires that each original and replacement
equipment headlamp be marked with its voltage and part or trade number.
In order to ensure that integral beam headlamps are tested at the
proper voltage for the given device if different from 12.8 volts, NHTSA
is proposing to test integral beam headlamps at the voltage for which
they are marked. NHTSA is not proposing to change the marking
requirements for integral beam headlamp assemblies. As a result, the
voltage for which a headlamp has been certified will continue to be
marked on each lamp and can be referenced for independent testing.
NHTSA has not identified that the same considerations exist for
replaceable bulb and sealed beam headlamps. Therefore, NHTSA is not
proposing to change the requirements for those headlamp types, but
seeks comment on whether doing so is appropriate.

b. Vertical Headlamp Arrangements

For vehicles with a vertical arrangement of the upper and lower
beam headlamps, the standard requires that the lower beams be placed
above upper beams. With the increase in luminous flux provided by
current headlamp technologies, NHTSA has tentatively concluded that the
requirement for placing the lower beam above the upper beam is no
longer necessary and may contribute negatively to glare.\21\ In
developing this proposal, NHTSA considered increasing the minimum
luminous flux output requirements to reflect the current market, but
tentatively concluded that change is not needed because current minimum
headlamp performance for

[[Page 67248]]

seeing distance is being driven by market forces and not regulation.
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\21\ NHTSA, Summary of Headlamp Research at NHTSA, DOT HS 811
006 (July 2008), available at <a href="https://www.nhtsa.gov/sites/nhtsa.gov/files/811006.pdf">https://www.nhtsa.gov/sites/nhtsa.gov/files/811006.pdf</a>.
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NHTSA proposes to remove the requirement in S6.1.3.5.1 that lower
beams be placed above upper beams in a vertical headlamp arrangement.
Doing so would allow manufacturers design flexibility to change the
arrangement of the upper and lower beams in a vertical headlamp
arrangement without affecting safety. NHTSA does not propose any
changes to the minimum and maximum heights for the placement of the
upper and lower beams, which ensures that there are no negative safety
outcomes from the proposed change to the allowed lamp arrangement. The
requirements for a horizontal headlamp arrangement also remain
unchanged, as the lower beam being outboard of the upper beam provides
secondary functionality in showing the width of the vehicle.

c. Turn Signal, Hazard Warning Signal, and Beam Switching Equipment

NHTSA seeks to address the application of certain existing crash
avoidance standards to ADS-equipped vehicles without manually operated
driving controls. In this document, NHTSA proposes to limit the
application of certain requirements for turn signal, beam switching,
and hazard warning signal controls to vehicles with manually operated
driving controls. The proposed changes are not intended to address ADS
performance, but rather to address which turn signal, beam switching,
and hazard warning signal equipment is necessary in a vehicle designed
solely to be operated by an ADS. NHTSA expects all ADS-operated
vehicles to be equipped with the required vehicle lamps, and to
activate and deactivate the lamps in accordance with the rules of the
road. In addition to FMVSS enforcement, NHTSA will not hesitate to use
its strong and broad defect enforcement authority to address unsafe ADS
performance.
FMVSS No. 108 requires vehicles to be equipped with a turn signal
operating unit that meets the requirements specified in S9. A turn
signal operating unit is the part of a turn signal system by which the
operator of a vehicle causes the signal units to function. A turn
signal operating unit that is installed on passenger cars, multipurpose
passenger vehicles, trucks, and buses less than 2,032 mm in overall
width is required to be self-canceling by steering wheel rotation and
capable of cancellation by a manually operated control. FMVSS No. 108
also requires all vehicles for which it applies, except for trailers,
to be equipped with a headlamp beam switching device. The term
``headlamp beam switching device'' is not defined in S4, Definitions.
However, S9.4 headlamp beam switching device, requires that each
vehicle have a means for switching between lower and upper beams
designed and located so that it may be operated conveniently by a
simple movement of the driver's hand or foot.\22\
---------------------------------------------------------------------------

\22\ 49 CFR 571.108 S9.4.
---------------------------------------------------------------------------

For an ADS-equipped vehicle without manually operated driving
controls, the agency has tentatively concluded there is no safety need
for turn signal operating units to be self-canceling by steering wheel
rotation. These vehicles lack steering wheels, and the vehicle's
heading is controlled by the ADS. Although NHTSA has considered
creating an equivalent requirement based on measurement within the
steering system, NHTSA has determined tentatively that such a
requirement is unnecessary and overly prescriptive because turn signal
activation and cancellation will be programmed within the ADS to comply
with traffic laws, and unlike a human driver, the system cannot forget
that the turn signals are active. Therefore, the safety purpose of the
self-canceling requirement for turn signal operating units does not
exist for ADS-equipped vehicles without manually operated driving
controls.
In addition, for such vehicles, NHTSA has tentatively concluded
that there is no safety purpose to require that the turn signal
operating unit be manually cancelable in vehicles that are operated by
an ADS and do not have manually operated driving controls. Occupants in
such vehicles have no responsibility for activating or deactivating the
turn signal operating units. The operation of the turn signal units is
managed by the ADS. For these reasons, NHTSA proposes to modify S9.1.1
to except vehicles without manually operated driving controls from the
requirements of S9.1.1 related to steering wheel rotation and manual
cancellation.
Similarly, the agency has tentatively concluded there is no safety
need for headlamp beam switching devices installed on ADS-equipped
vehicles without manually operated driving controls to be operable by
hand or foot. Headlamp beam selection is an important safety
responsibility because surrounding vehicles may experience hazardous
levels of glare if a vehicle operator activates the upper beam when
meeting or closely following other vehicles. For vehicles without
manual controls, the ADS, and not a vehicle occupant, would be
responsible for switching between lower and upper beams consistent with
the need for visibility and the rules of the road on which the vehicle
operates. NHTSA proposes to modify S9.4 through reordering of the text
and additional language to clarify the exception to the design
requirement for the headlamp beam switching device in vehicles without
manually operated driving controls.
If finalized as proposed, vehicles without manually operated
driving controls still would be required to be equipped with a turn
signal operating unit, because turn signals are intended to benefit
other road users, and a headlamp beam switching device (that is not
required to be designed and located for hand or foot operation),
because an ADS may still rely on the increased visibility provided by
high beams.\23\ However, the specifications related to steering wheel
rotation and to hand or foot operation would no longer apply to the
turn signal operating units and headlamp beam switching devices in
those vehicles. In addition, the proposed updates would not affect the
requirements for vehicles with manually operated driving controls.
NHTSA seeks comment on whether this approach ensures all vehicles are
equipped with appropriate lighting equipment while removing design
barriers to vehicles without manual controls.
---------------------------------------------------------------------------

\23\ 49 CFR 571.108 S6.6.1.
---------------------------------------------------------------------------

NHTSA also proposes to update the language and clarify the
requirements for actuation of the vehicular hazard warning signal
operating unit. In FMVSS No. 108, vehicular hazard warning signal
operating unit is defined as a driver-controlled device which causes
all required turn signal lamps to flash simultaneously to indicate to
approaching drivers the presence of a vehicular hazard. The performance
requirements in section S9.6.2 require that, if actuation of the hazard
function requires the operation of more than one switch, a means must
be provided for actuating all switches simultaneously by a single
driver action.
NHTSA proposes to remove references to a driver in the definition
of ``vehicular hazard warning signal operating unit'' to clarify its
application to vehicles operated by a person or an ADS. The revised
definition would refer to the operator of a vehicle rather than the
driver. The requirement for the vehicular hazard warning signal
operating unit in S9.6.2 pertaining to ease of actuation of multiple
switches by a person driving the vehicle would also be amended to apply
only to vehicles with more manually operated driving controls. NHTSA
tentatively

[[Page 67249]]

concludes that the requirement only serves a safety purpose in a
vehicle equipped with manually operated driving controls. The
requirement is intended to ensure ease of operation for a person
driving a vehicle, such that multiple actions are not required to
activate the hazard warning signal. However, an ADS would be capable of
activating multiple switches simultaneously without issue.
Applicability of Existing NHTSA Chief Counsel Interpretations
Pursuant to 49 CFR 501.8(d)(5), the Administrator has delegated to
the Chief Counsel the authority to ``[i]ssue authoritative
interpretations of the statutes administered by NHTSA and the
regulations issued by the agency.'' Over the years, NHTSA Chief
Counsels have issued a number of interpretations related to automated
activation of the hazard warning signal. NHTSA has tentatively
determined that, if finalized, this amendment would not change the
substance of NHTSA's existing interpretations regarding automatic
activation of the hazard warning signal by vehicles with manually
operated driving controls. In a letter of interpretation to John
Frooshani of North American Subaru in 2025, the Chief Counsel explained
that ``NHTSA's interpretations of `vehicular hazard warning signal
operating unit' read FMVSS No. 108 as broadly restricting automatic
activation of the hazard signal . . . but [allow] automatic activation
on a case-by-case basis under limited circumstances consistent with the
purpose of the hazard warning signal stated in the standard.'' \24\
These interpretations are based on two aspects of FMVSS No. 108. First,
that the term ``driver controlled device'' in the definition of
vehicular hazard warning signal operating unit means that the signal
may not be activated automatically.\25\ Second, that certain automatic
activations would impair the effectiveness of lighting equipment
required by the standard in violation of S6.2.1.\26\ If this proposed
rule is finalized, for vehicles with manually-operated driving
controls, NHTSA would no longer read the definition of vehicular hazard
warning signal operating unit to bar automatic activation on the
grounds that the operating unit must be exclusively driver controlled.
However, NHTSA would carry forward the conclusions of its
interpretations on the second basis. That is, in vehicles with manually
operated driving controls, automatic hazard signal activation is
supplemental equipment and S6.2.1 therefore limits automatic hazard
signal activation to circumstances that do not impair required
lighting.\27\ Under this reading, NHTSA considers whether the
activations impair other required lighting or if they lack any
relationship to the original purpose of the hazard warning signal or
could create confusion about the signal's meaning. Such inappropriate
activations include, for example, during braking events,\28\ after
``sudden release of the accelerator pedal,'' \29\ or as a
``deceleration warning system'' \30\ where it would conflict with the
purpose of the stop lamps. In vehicles without manually operated
driving controls, automatic vehicular hazard warning signal operation
would not be viewed as supplemental equipment subject to S6.2.1. NHTSA
seeks comment on whether these interpretations are appropriate to
address ADS activation of the hazard warning signal, or whether
incorporation into regulatory text is necessary.
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\24\ Letter to John Frooshani, July 22, 2025, available at
<a href="https://www.nhtsa.gov/interpretations/ncc-230607-001-571108-automatic-activation-hazard-warning-signal-nonresponsive">https://www.nhtsa.gov/interpretations/ncc-230607-001-571108-automatic-activation-hazard-warning-signal-nonresponsive</a>. The
purpose stated in the standard is ``to indicate to approaching
drivers the presence of a vehicular hazard.''
\25\ Letter to Eric Reed, Feb. 29, 2000, available at <a href="https://www.nhtsa.gov/interpretations/reedztv">https://www.nhtsa.gov/interpretations/reedztv</a>.
\26\ Letter to Mark Steele, Oct. 7, 1999, available at <a href="https://www.nhtsa.gov/interpretations/20662ztv">https://www.nhtsa.gov/interpretations/20662ztv</a>; and Letter to Brian Latouf,
Nov. 18, 2016, available at <a href="https://www.nhtsa.gov/interpretations/16-1289-gm-hazard-innovative-28-apr-16-rsy">https://www.nhtsa.gov/interpretations/16-1289-gm-hazard-innovative-28-apr-16-rsy</a>.
\27\ Id. at note 9.
\28\ Daimler Trucks North America, LLC, Denial of Petition for
Decision of Inconsequential Noncompliance, 88 FR 17291 (Mar. 22,
2023).
\29\ Letter to David Coburn, Aug. 6, 1999, available at <a href="https://www.nhtsa.gov/interpretations/19886ztv">https://www.nhtsa.gov/interpretations/19886ztv</a>.
\30\ Letter to Jeffrey Echt, incoming received Mar. 10, 1995,
available at <a href="https://www.nhtsa.gov/interpretations/aiam552l">https://www.nhtsa.gov/interpretations/aiam552l</a>.
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d. Telltales

Section S6.6 of FMVSS No. 108 requires that vehicles for which the
standard applies be equipped with a turn signal pilot indicator, an
upper beam headlamp indicator, and a vehicular hazard warning signal
pilot indicator that shall be in front of and in clear view of the
driver. Paragraph S9.3.6 also requires a change in the illumination of
the turn signal pilot indicator to indicate failure of one or more turn
signal lamps. Paragraph S9.8.4 specifies that if the vehicular hazard
warning signal pilot indicator is not combined with the turn signal
pilot indicator, it must emit a red color and have a minimum area
equivalent to a 0.5 in diameter circle.
NHTSA proposes to rename the ``indicators'' to ``telltales'' to
align with the definitions of telltales and indicators found in FMVSS
No. 101. A telltale is defined in FMVSS No. 101 as ``an optical signal
that, when illuminated, shows the actuation of a device, a correct or
improper functioning or condition, or a vehicle system's failure to
function.'' FMVSS No. 101 defines indicator as a ``device that shows
the magnitude of the physical characteristics that the instrument is
designed to sense.'' The turn signal pilot indicator, upper beam
headlamp indicator, and vehicular hazard warning signal pilot indicator
convey information related to actuation of a device or failure of a
device, which aligns with the definition of a telltale rather than an
indicator. Changing the nomenclature in FMVSS No. 108 for consistency
will improve clarity of the standard.
The telltales (referred to as indicators in the current standard)
for turn signal lamps, upper beam headlamps, and the vehicle hazard
warning signal specified in FMVSS No. 108 are intended for, and are
required to be in view of, the driver of the vehicle to show the
activation state of the respective device. This signal provides
information to the driver to confirm that the turn signal lamp, upper
beam headlamp, or hazard warning signal is in the desired state. A
driver is defined in 49 CFR 571.3 as the occupant of a motor vehicle
seated immediately behind the steering control system. By this
definition, a vehicle without manually operated driving controls does
not have a driver.
In an ADS-operated vehicle, the ADS, rather than a human driver,
would control the activation of the turn signals, headlamps, and hazard
warning signal. NHTSA also expects an ADS to be aware of the
operational status of each safety critical vehicle system and subsystem
and respond appropriately to any identified degradations, failures, and
malfunctions. Because the turn signals and headlamps would not be
controlled by a person, NHTSA has tentatively concluded that the
corresponding telltales do not address a safety need in ADS-equipped
vehicles that do not have manually operated driving controls. The ADS
would control and monitor the status of the headlamps and signals as
part of normal vehicle operation. For these reasons, NHTSA proposes to
limit the requirements to display these telltales to vehicles with
manually operated driving controls. Manufacturers and fleet operators
of ADS-equipped vehicles may choose to provide vehicle passengers with
trip information, and NHTSA anticipates that they would do so to
satisfy consumer demand even if not strictly necessary to meet the need

[[Page 67250]]

for motor vehicle safety. Because turn signal telltales are also used
to indicate a lamp failure in S9.3.6, NHTSA is proposing an alternate
requirement in S9.3.6 to provide a lamp failure telltale in clear view
of all designated seating positions if the vehicle does not have turn
signal telltales. NHTSA requests comment on the proposed changes to
telltale requirements.
NHTSA also seeks comment on whether the vehicular hazard warning
signal telltale requirement should apply to vehicles without manual
controls. The current proposal does not limit the requirement for the
hazard warning signal telltale to vehicles with manually operated
driving controls. Whereas turn signals and upper beam headlamps are
routinely used during normal driving, the vehicular hazard warning
signals are used to indicate to approaching drivers the presence of a
vehicular hazard. Vehicle occupants may benefit from knowing that the
ADS determined it appropriate to activate the hazard warning signal.
Passengers presented with a hazard warning signal telltale can make
decisions about whether and how to continue using the vehicle. NHTSA
plans to initiate a separate rulemaking to address requirements for
telltales and indicators in ADS-equipped vehicles across multiple
FMVSS.\31\ NHTSA further encourages the use of supplemental
notifications communicating safety-relevant information to passengers
of ADS-operated vehicles via app notifications, in-vehicle alerts, or
other methods. The specific format and content of such notifications
would be determined by the manufacturer.
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\31\ RIN 2127-AM07.
---------------------------------------------------------------------------

e. ADS Marker Lamps

NHTSA is proposing to amend FMVSS No. 108 to incorporate
standardized specifications for front, rear, and side ADS marker lamps
if they are installed on a motor vehicle. NHTSA has long maintained
that highway traffic safety is enhanced by the familiarity of drivers
and other road users (e.g., pedestrians and cyclists) with established
lighting schemes, which facilitates their ability to recognize the
meaning that the lamps convey instantly and to respond accordingly.
FMVSS No. 108 stipulates standardized lamp performance criteria, both
for required lighting and certain optional lighting equipment,
including the number of lamps, mounting locations, activation,
visibility, color and lamp intensity. The standard does not bar
installation of supplemental lighting equipment. However, under FMVSS
No. 108 S6.2.1, no additional lamp, reflective device, or other motor
vehicle equipment is permitted to be installed that impairs the
effectiveness of lighting equipment required by FMVSS No. 108.\32\ In
addition, 49 U.S.C. 30122 prohibits a manufacturer, distributor,
dealer, rental company, or motor vehicle repair business from
installing aftermarket lighting equipment if doing so would knowingly
take the vehicle out of compliance with FMVSS No. 108, such as by
impairing the effectiveness of required lighting.
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\32\ For supplemental lighting equipment, impairment is
generally evaluated on a case-by-case basis and NHTSA typically
considers four aspects: intensity (i.e., brightness), mounting
location, activation pattern, and color. E.g., Letter to Paul Schaye
(Sep. 9, 2019), available at <a href="https://www.nhtsa.gov/interpretations/571108-ama-schaye-front-color-changing-light">https://www.nhtsa.gov/interpretations/571108-ama-schaye-front-color-changing-light</a> (last accessed January
29, 2026). These four aspects are non-exhaustive, and NHTSA can
consider other aspects where relevant.
---------------------------------------------------------------------------

NHTSA is concerned that the introduction into the marketplace of
differing and contradictory supplemental lighting intended to indicate
ADS operation may generate confusion or distraction among drivers and
other road users, which could have negative safety outcomes. In
addition, certain applications, when installed as supplemental
equipment, may cause impairment of equipment required by FMVSS No. 108,
such as by masking nearby signal lighting, in violation of S6.2.1.
Therefore, NHTSA has tentatively concluded that standardizing
performance aspects for ADS marker lamps in FMVSS No. 108 will ensure
that ADS marker lamps perform consistently throughout the fleet, limit
the implementation of non-standardized lamp applications that may have
potential negative safety outcomes by interfering with current required
lighting equipment or distracting or confusing drivers, and provide
regulatory certainty for manufacturers by establishing specifications
for the lamp that manufacturers can implement without risking a
violation of S6.2.1.
NHTSA has tentatively determined that it lacks sufficient
information to conclude that there is a safety need to require the
inclusion of ADS marker lamps on all vehicles equipped with an ADS.
Therefore, NHTSA is proposing an ``if equipped'' standard for ADS
marker lamps. This is intended to ensure that, if equipped, the lamps
meet a minimum standard for performance. NHTSA is not proposing to
mandate that all ADS-equipped vehicles have an ADS marker lamp but
simply that any ADS marker lamp a manufacturer chooses to include must
meet the proposed requirements. As this proposal would explicitly
permit the optional installation and activation of ADS marker lamps in
accordance with the proposed activation criteria, this would also
prohibit ADS marker lamp installation on vehicles without ADS
functionality.
To determine the appropriate specifications, NHTSA reviewed
existing research and SAE Standards J3134 and J578. The proposed
specifications are as follows.
With regard to activation pattern, NHTSA proposes that the lamp be
``steady burning'' when activated, which is consistent with SAE J3134
and with other marker lamps, such as identification lamps and clearance
lamps, specified in FMVSS No. 108, but seeks comment on allowing ADS
marker lamps to be flashed for signaling purposes. In addition to
indicating ADS engagement, ADS marker lamps could potentially be used
for signaling purposes to indicate the intended movement of the vehicle
for the benefit of pedestrians and other road users. NHTSA is not aware
of any research supporting this usage and seeks research-based comments
related to signaling the vehicle's intended movement to pedestrians and
other road users.
With regard to color, NHTSA is proposing that the lamps be cyan,
the blue-green color defined in SAE J578. This is consistent with SAE
J3134, which cited studies that support use of a unique color for the
ADS marker lamp.\33\ NHTSA is concerned that if a current color
standardized in FMVSS No. 108 for specific uses in required lighting,
such as amber, red, or white, were to be used for the ADS marker lamp,
it would not have clear meaning. SAE stated that experts from
manufacturers, suppliers, and research organizations evaluated
potential ADS lamp colors and that these evaluations supported the use
of blue-green light color for ADS lamps.\34\ SAE concluded that a
unique color allows greater flexibility in mounting location and
facilitates innovation for new automotive ADS lamps and chose the blue-
green color defined in SAE J578. NHTSA seeks comment on the proposed
ADS marker lamp color.
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\33\ SAE International, ``Automated Driving System (ADS) Marker
Lamp,'' SAE Standard J3134, Rev. May 2019.
\34\ Id.
---------------------------------------------------------------------------

The 2023 UNECE draft proposal for ADS external light signaling
would permit optically combining the front ADS marker lamps with
daytime running lamps.\35\ NHTSA has

[[Page 67251]]

tentatively concluded that this would cause the perceived color to
deviate from its required color and therefore is not proposing to
permit this or any other optical combination. NHTSA seeks comment on
the topic.
---------------------------------------------------------------------------

\35\ United Nations Economic Commission for Europe (UNECE),
``Draft Proposal for a New UN Regulation on ADS External Light-
Signalling,'' Informal Document AVSR-18-02, 89th GRE Sess., (October
2023), available at <a href="https://unece.org/transport/events/wp29gre-working-party-lighting-and-light-signalling-89th-session">https://unece.org/transport/events/wp29gre-working-party-lighting-and-light-signalling-89th-session</a> (last
accessed April 17, 2026).
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Regarding location and number of lamps, NHTSA proposes that, if a
vehicle is equipped with ADS marker lamps, at least one ADS marker lamp
should be visible from each of the front, sides, and rear of the
vehicle. The proposed number of ADS marker lamps is one or two on each
of the front, sides and rear of the vehicle. Therefore, there would be
a minimum of four and a maximum of eight ADS marker lamps. The location
and quantity of ADS marker lamps is consistent with SAE J3134. NHTSA is
proposing a minimum mounting height of 15 inches. This is consistent
with other lamps and serves to keep lamps clear of road debris, reduce
likelihood of damage, and provide visibility. NHTSA proposes that the
lamps are allowed to be mounted inside or outside of the vehicle within
the mounting location and height limits as specified in Table I.
The proposed intensity requirements include two sets of photometric
intensities, one for when headlamps (or parking lamps) are deactivated
and the other for when headlamps (or parking lamps) are activated. SAE
J3134 contains photometry specifications for daytime and nighttime
operation, which it defines based on ``when exterior ambient light
conditions warrant (or do not warrant) the use of headlamps.'' FMVSS
No. 108 does not contain requirements for when headlamps must be active
based on time of day or ambient lighting conditions. As such, NHTSA is
proposing to establish photometric performance based on the actual
activation state of the headlamps. There are common situations during
daylight conditions, such as rain or fog, where headlamps may be
illuminated. NHTSA seeks comment on whether the proposed ``headlamp
activated'' specifications below are sufficiently intense for such
circumstances.
NHTSA is also proposing photometric intensity requirements that are
different from those specified in SAE J3134. One goal of the proposed
photometry specifications is to ensure that the effectiveness of the
required lamps is not decreased while the ADS marker lamp is
illuminated. However, the SAE standard uses photometric intensities
that NHTSA has tentatively concluded would interfere with the
visibility of required signal lamps. Therefore, NHTSA proposes that the
front ADS marker lamps have the same minimum and maximum values as
parking lamps when the headlamps are activated. Consistent with SAE
J3134, NHTSA derived the proposed minimum photometry requirements when
the headlamps are deactivated by multiplying the darkness minimums by
five times the values for when the headlamps are activated. For
instance, the minimum value proposed for a front ADS marker lamp at
test point H-V is 4 cd (headlamps activated). NHTSA proposes a minimum
value of 20 cd (4 cd times 5) for when the headlamps are deactivated.
This will permit the lamps to be seen both during the daylight and in
dark ambient conditions. The maximum value for the front ADS marker
lamp is proposed to be 125 cd in both daylight and darkness conditions.
This value is consistent with the maximum allowable intensity for a
parking lamp. NHTSA has tentatively concluded that the maximum
intensity value of 125 cd is sufficient for the front mounted ADS
marker lamp(s) to be seen in both ambient lighting conditions. NHTSA
also proposes a maximum photometric intensity ratio to the front turn
signal lamp for installations that combine the front turn signal and
the front ADS marker lamp to ensure visibility of the turn signal
lamps. NHTSA proposes that ratio be consistent with the ratios required
for a parking lamp that is combined with a turn signal lamp.
The proposed rear ADS marker lamp minimum and maximum photometric
intensity values are aligned with a taillamp's one lighted section
value when the headlamps are activated. NHTSA proposes that the minimum
values be multiplied by five when the headlamps are deactivated.
Photometric intensity ratios are proposed for when the rear ADS marker
lamp is combined with a rear turn signal lamp or stop lamp. The
proposed ratios are equal to the ratios required when a taillamp is
combined with a stop lamp.
The proposed side ADS marker lamp minimum photometric intensity
values are aligned with amber side marker lamp photometric intensities
for the headlamps activated condition. NHTSA proposes that the minimum
photometric intensity values for the side ADS marker lamps be
multiplied by five when the headlamps are deactivated. Since the
existing side marker lamp photometric intensity requirements do not
have a maximum, NHTSA is proposing that the side ADS marker lamp
maximum be the same as the rear ADS marker lamp.
The proposed geometric visibility requirements for front and rear
ADS marker lamps are consistent with others shown in FMVSS No. 108
Table V-c, ``Visibility Requirements of Installed Lighting Devices.''
When the front and rear ADS marker lamps are activated, the proposed
minimum luminous intensity is 0.3 cd when headlamps are deactivated and
0.05 cd when headlamps are activated. Other considerations for
photometric intensity include visibility to road users near the
vehicle, activation in relation to conditions when headlamps are
deactivated or activated, and mounting location. SAE J3134 incorporates
the photometric test points from the UNECE signal lamp photometric test
points.\36\ Consistent with FMVSS No. 108 and J3134, a 2.5 times
multiplication factor for the minimum values is proposed for ADS lamps
in close proximity to headlamps, fog lamps, and daytime running lamps.
---------------------------------------------------------------------------

\36\ SAE International, ``Automated Driving System (ADS) Marker
Lamp,'' SAE Standard J3134, Rev. December 2025.
---------------------------------------------------------------------------

SAE J3134 recommends that ADS marker lamps be permitted to be
deactivated if optically combined with a required signal function, such
as a turn signal where the circuit prioritizes the turn signal lamp
over the ADS marker lamp activation. NHTSA is not proposing to permit
optically combining an ADS marker lamp but is seeking comment on this
issue in relation to safety.
The below list summarizes items for which this NPRM proposes
specifications for ADS marker lamps which differ from SAE J3134. It
also describes NHTSA's tentative determination regarding whether such
differences conflict with the SAE specification. How these differences
may impact preemption of State law is discussed below regarding
Executive Order 13132. This summary is provided for clarity, and NHTSA
requests comment regarding these differences.
<bullet> Definition: This NPRM proposes an ADS marker lamp
definition that describes the roadway circumstances that the ADS marker
lamps are communicating instead of the activation state of an ADS.
However, no conflict is intended. The definition is intended to overlap
with the activation circumstances that SAE J3134 envisions.
<bullet> Number: This NPRM would not permit multiple lamp
arrangements for the ADS marker lamps. This proposed requirement is
more restrictive than SAE J3134, however a system that met the proposal
would also meet SAE J3134.

[[Page 67252]]

<bullet> Activation: This NPRM contains activation and deactivation
requirements that are aligned with the proposed ADS marker lamp
definition. This is not intended to create a conflict with SAE J3134.
<bullet> Activation: This NPRM would not permit the optical
combination of ADS marker lamps with any other lamp or reflective
device. This is more restrictive than SAE J3134 and creates a minor
conflict regarding ADS marker lamp activation. SAE J3134's allowance
for ADS marker lamp deactivation if optically combined with a required
signal function was omitted. This NPRM would allow ADS marker lamp
deactivation if its lighted edge to the optical center of the nearest
turn signal lamp is less than 100 mm. NHTSA seeks comment on
implications of not permitting the optical combination of ADS marker
lamps with any other lamp or reflective device in relation to safety.
<bullet> Activation: This NPRM omits SAE J3134's specification that
the ADS marker lamps must not be switched on or off manually by the
vehicle operator. This NPRM is therefore less restrictive than SAE
J3134 such that if a vehicle were designed to the specification of the
SAE document (regarding this aspect of performance), it would satisfy
these proposed requirements. NHTSA seeks comment on implications of
disallowing a manual control for the ADS marker lamps.
<bullet> Activation: This NPRM omits SAE J3134's specification that
in areas where ADS marker lamps are prohibited, these lamps must be
automatically disabled based on vehicle location or by other means not
readily available to the vehicle operator.\37\ NHTSA tentatively
believes that this deviation does not create a conflict because a
system with this functionality would not violate the proposed
specifications. NHTSA seeks comment on implications of this
requirement.
---------------------------------------------------------------------------

\37\ The material addressing Executive Order 13132 contains a
discussion of how permissibility of a cyan-colored lamp might
interact with State laws that limit the color of certain automotive
lighting.
---------------------------------------------------------------------------

<bullet> Location: This NPRM proposes that an ADS marker lamp must
be located at least twice the distance from any required identification
lamp as the distance between two adjacent required identification
lamps. SAE J3134 does not contain such a requirement. As such, for this
area of performance, this NPRM is more restrictive than SAE J3134.
However, a system that met the proposal would also meet SAE J3134.
<bullet> Backup Lamp: This NPRM proposes to account for the
potential for a backup lamp to project incidental cyan light resulting
from an adjacent, or close to, ADS marker lamp. This requirement covers
an area of performance regarding backup lamps that is not addressed in
SAE J3134 and therefore does not create any conflict between the two
documents.
<bullet> Environment: This NPRM proposes photometry requirements
that are related to when headlamps are either deactivated or activated.
Using headlamp activation status provides objective criteria and avoids
ambiguity that could occur if daytime and nighttime were used. This is
not intended to create a conflict with SAE J3134.
<bullet> Photometry Requirements: This NPRM proposes photometry
requirements consistent with existing lighting equipment required by
FMVSS No. 108. The proposed photometric requirements are different than
those contained in SAE J3134 and would create a conflict with that
standard. NHTSA seeks comment on implications of this requirement.
<bullet> Figure 1 Chromaticity Diagram: This NPRM proposes cyan
boundaries that match SAE's blue-green boundaries. However, NHTSA is
proposing to retain the same green and blue boundaries currently in
FMVSS No. 108.
Effective Date
As provided by 49 U.S.C. 30111(d), an FMVSS may not become
effective before the 180th day after the standard is prescribed or
later than one year after it is prescribed. However, NHTSA may provide
a different effective date after finding, for good cause shown, that a
different effective date is in the public interest. NHTSA must publish
the reasons supporting such a finding. Similarly, 5 U.S.C. 553(d)
provides that a final rule cannot become effective until at least 30
days after the date of publication except, among other reasons, the
rule grants or recognizes an exemption, relieves a restriction, or for
good cause found and published with the rule. It is in the public
interest for this proposed rule, if adopted, to be effective
immediately. This proposed rule would: (1) update requirements related
to headlamp test voltage; (2) provide flexibility for headlamp upper
and lower beam mounting arrangements; (3) narrow the application of
certain requirements for manually operated turn signal, hazard warning
signal, and beam switching controls to only vehicles with manually
operated driving controls; (4) narrow certain requirements for
telltales to vehicles with manually operated driving controls and
incorporate the term ``telltale'' where appropriate throughout the
standard; and (5) allow for equipping vehicles with ADS marker lamps
and standardizing their performance. All of these proposed requirements
increase flexibility for manufacturers, and as such, there is no need
for lead time for regulated entities to comply with this proposed rule.

IV. Request for Comment

NHTSA seeks public comment on the proposed changes.

V. Rulemaking Analyses and Notices

Executive Order (E.O.) 12866 and E.O. 14192

NHTSA has considered the impact of this rulemaking action under
E.O. 12866 and E.O. 14192. This action was reviewed by the Office of
Management and Budget as a significant regulatory action under E.O.
12866. This proposed rule, if finalized as proposed, is expected to be
an E.O. 14192 deregulatory action because it removes unnecessary
regulatory burdens for the reasons discussed above. At this stage, the
agency has not quantified any potential benefits or costs.
The proposed changes to the requirements for integral beam headlamp
test voltage and vertical headlamp arrangements do not have any
anticipated regulatory costs, as the changes would remove requirements
that are no longer necessary. Likewise, as it relates to the proposed
changes to address vehicles equipped with ADS systems that do not have
manually operated driving controls, NHTSA does not anticipate any
incremental costs associated with the modifications because they would
remove unnecessary requirements without adding any new requirements.
NHTSA does not anticipate any safety disbenefits for the proposed
changes. In addition to cost savings resulting from reduced compliance
costs, the benefits of the proposed modifications to the turn signal
and beam switching control requirements would be potential safety
benefits from removing the ability of an occupant to interfere with the
control of the various lamps, which could lead to safety problems for
other road users. Regarding the new proposed provision that would allow
for cyan-colored ADS marker lamps as optional motor vehicle lighting
equipment, NHTSA does not anticipate that any manufacturers would incur
any incremental costs. NHTSA would only be allowing the use of these
lamps and not requiring them, and thus manufacturers that do not wish
to include the cyan lamps would not need to. The agency believes that
the standardization proposed here may have

[[Page 67253]]

some safety benefits, as it would reduce confusion for other road users
by making clear that cyan lights mean a vehicle is being operated
without the expectation that a human occupant is monitoring the roadway
and ensuring that ADS marker lamp implementations do not impair the
performance of required lighting. However, due to several limitations,
NHTSA is unable to estimate the potential safety benefits. Given the
still-developing nature of this market, NHTSA cannot quantify the
number of vehicles that may be affected by this proposed rule. Further,
without this regulatory change, NHTSA believes that these vehicles
would seek exemptions from this standard, rather than include the
unnecessary equipment or, in the case of the ADS marker lamps, not
provide additional lighting. Finally, though NHTSA could seek to
quantify avoided compliance costs on a per-vehicle basis, any estimate
based on traditional vehicle configurations may not be accurate, given
the different design and nature of ADS-equipped vehicles without
manually operated driving controls. NHTSA requests comment on these
assumptions and any other information that could help quantify their
impacts in the final rule.

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.), agencies must prepare and
make available for public comment a regulatory flexibility analysis
that describes the effect of the rulemaking 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 rulemaking will not have a significant economic impact on a
substantial number of small entities. NHTSA has concluded and hereby
certifies that this proposed rule will not have a significant economic
impact on a substantial number of small entities. As described
elsewhere in the preamble, NHTSA proposes to remove certain regulatory
burdens and costs associated with manual turn signal lamp controls and
headlamp beam switching controls unnecessary for an ADS-equipped
vehicle without manually operated driving controls, with no negative
impact to vehicle safety.

National Environmental Policy Act

The Department has analyzed the environmental impacts of this
notice of proposed rulemaking pursuant to the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.). Pursuant to 49 CFR
1.81, the Secretary has delegated the ``functions'' under NEPA to the
Administrators ``as they relate to the matters within the primary
responsibility of each Operating Administration.'' NHTSA has determined
that this rule is categorically excluded pursuant to 23 CFR
771.118(c)(4). Categorical exclusions are actions identified in an
agency's NEPA procedures that do not normally have a significant impact
on the environment and therefore do not require either an environmental
assessment (EA) or environmental impact statement (EIS). See DOT Order
5610.1D Sec. 9. 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. Id. Sec. 9(b). Each Operating Administration (OA) of the
Department may apply CEs established in another OA's procedures. Id.
Sec. 9(f). 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.'' Id.
This rulemaking, which proposes to amend FMVSS No. 108, ``Lamps,
reflective devices, and associated equipment,'' to update the
regulatory language and exclude ADS-equipped vehicles without manually
operated driving controls from certain requirements that presume a
person in the vehicle is driving, 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 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 13132 (Federalism)

NHTSA has examined this rule pursuant to E.O. 13132, ``Federalism''
(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 this rule does not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The 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 a 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). This statutory command preempts any
non-identical State legislative and administrative law addressing the
same aspect of performance.
The express preemption provision described above is subject to a
savings clause under which 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). As a result of this
provision, State common law tort causes of action against motor vehicle
manufacturers are generally not expressly preempted by the language in
49 U.S.C. 30103(b).
As of January 2026, there is at least one State, California, that
explicitly permits equipping ADS marker lamps on automated vehicles in
accordance with SAE J3134 and J578. Cal. Vehicle Code Sec. Sec. 25950
and 38750. This NPRM proposes to adopt J3134 (and J578 for color) in
large, but not complete, part. It differs in the following relevant
items: photometric intensity and headlamp activation state
specifications, certain restrictions on lamp location, the
permissibility of multiple lamp arrangements and optical combining,
manual activation, distance to identification lamps, the chromaticity
boundaries, and incidental illumination from backup lamps. The preamble
of this document discusses these items and the reasons for deviating
from J3134 in further detail. NHTSA tentatively believes that, if
finalized, this amended

[[Page 67254]]

regulation would preempt Cal. Vehicle Code Sec. Sec. 25950 and 38750
inasmuch as this proposal deviates from the above aspects of J3134. The
proposal also differs from J3134 regarding the definition of ``ADS
marker lamp,'' the activation requirements which utilize the language
in that definition, and by omitting the requirement that the lamps
deactivate when in an area that does not permit the lamps. These latter
deviations are not intended to create a conflict with J3134 or State
laws that codify that standard, and NHTSA has tentatively concluded
that the proposed amendments would not preempt these aspects. NHTSA
seeks comments on these tentative conclusions.
NHTSA is also considering any potential preemptive effect of this
proposal and whether an amendment allowing ADS marker lamps would, as a
matter of law, preempt State laws that do not directly address ADS
marker lamps, but contain provisions that effectively prohibit them.
There are a variety of State laws that might affect ADS marker lamps
for which a State standard may not regulate an aspect of performance in
an identical manner to that in this proposed amendment. For instance,
many States have laws limiting the color of motor vehicle lighting used
in various locations on a motor vehicle, such as by limiting front
emitting lamps to amber or white or by prohibiting red or blue to the
front of the vehicle.\38\ NHTSA tentatively believes that such laws
would likely be preempted by this proposed amendment only inasmuch as
those laws prevent the installation of an ADS marker lamp that would be
compliant with the amended standard, as such laws would disrupt the
uniformity that Congress intended be established by an FMVSS. This
proposal would have no impact on those laws as applied to lamps other
than ADS marker lamps or for vehicles that are not equipped with ADS
marker lamps.
---------------------------------------------------------------------------

\38\ E.g., Maryland Code, Transportation, Sec. 22-209. Lamp
colors.
---------------------------------------------------------------------------

In addition, many States have laws reserving the color blue for
certain applications such as law enforcement and towing vehicles. NHTSA
tentatively believes that the proposed lamps are sufficiently distinct
from those equipped for those purposes such that no conflict would
exist. The color selected for the ADS marker lamp, cyan (blue-green
color defined in SAE J578), was chosen in part because it is distinct
from the blue hue used by law enforcement. Further, the photometric
specifications for the ADS marker lamp are substantially less intense
than law enforcement lighting. In addition, the ADS marker lamps would
be required to be steady burning. Therefore, NHTSA has tentatively
concluded no conflict with such requirements would exist.
NHTSA seeks comment on the referenced State laws and any other
State laws (for example, those requiring pre-approval of supplemental
lighting devices) that may be impacted by this proposed amendment.
NHTSA also seeks comment on any impact on States' ability to enforce
the remaining scope of their laws (such as those which broadly limit
lamp color) which would not be preempted, and any associated safety
impacts.
This NPRM proposes an ``if-equipped'' requirement that sets
performance standards but does not require or prohibit whether the ADS
marker lamps are equipped. NHTSA is not aware of any State laws that
prohibit or require ADS marker lamps. NHTSA has tentatively determined
that any future State laws prohibiting equipping vehicles with ADS
marker lamps in compliance with this proposed amendment would likely be
preempted. NHTSA seeks comments on whether to preempt States' authority
to require vehicles be equipped with ADS marker lamps (that is, to
reserve the decision to equip to manufacturers).
NHTSA rules can also preempt State law if complying with the FMVSS
would render the motor vehicle manufacturers liable under State tort
law. 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 generally will not be
preempted. 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 E.O. 13132 and E.O. 12988, NHTSA has considered whether
this proposed rule would preempt State common law causes of action.
Announcing the agency's position regarding the preemptive effect of one
of its rules reduces the likelihood that preemption will be an issue in
any subsequent tort litigation. Regarding the application to vehicles
without manual driving controls of requirements that specified manually
operated turn signal, hazard warning signal operating unit, and beam
switching controls to vehicles with manually operated driving controls
and the adjustment to the test voltage for integral beam headlamp
systems, NHTSA believes that the changes will have no effect on safety.
Regarding removal of the prohibition on arranging a vertically arranged
headlamp assembly such that the lower beam headlamp is below the upper
beam headlamp, NHTSA believes that this change will have either no
impact on safety, or a positive impact of improving safety through a
small reduction in glare. Thus, NHTSA tentatively concludes that no
conflict with State common law tort actions would occur from these
aspects of the proposal. Without any conflict, implied preemption of a
State common law tort cause of action is unlikely. NHTSA also seeks
comment on this tentative conclusion.
The proposal to allow optional installation of ADS marker lamps on
certain vehicles sets minimum and maximum performance standards if such
lamps are equipped because the agency has tentatively determined that
such a standard is necessary to preserve the effectiveness of lighting
required by the standard and avoid confusion by other road users. It
would not serve the purposes of this proposed rule if, due to common
law litigation, a manufacturer was required to include some other type
of lighting or ADS marker lamps that perform differently. NHTSA has
therefore tentatively concluded that this aspect of the requirement may
conflict with State common law tort actions alleging performance
aspects for ADS marker lamps beyond what is specified in the amended
standard. If so, the proposed amendments likely would impliedly preempt
such causes of action. However, given that NHTSA is not proposing to
mandate ADS marker lamps based in part on a lack of information to
support such a mandate (as opposed to determination that such a mandate
would cause a negative outcome), NHTSA has tentatively concluded this
amended standard likely would not preempt causes of action regarding
whether an ADS marker lamp is or should have been equipped. NHTSA seeks
comment on these conclusions.

Executive Order 12988 (Civil Justice Reform)

With respect to the review of the promulgation of a new regulation,
section 3(b) of E.O. 12988, ``Civil Justice Reform'' (61 FR 4729, Feb.
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

[[Page 67255]]

promoting simplification and burden reduction; (4) clearly specifies
the retroactive effect, if any; (5) specifies whether administrative
proceedings are to be required before parties file suit in court; (6)
adequately defines key terms; and (7) addresses other important issues
affecting clarity and general draftsmanship under any guidelines issued
by the Attorney General. This document is consistent with that
requirement.
Pursuant to this E.O., NHTSA notes as follows. The issue of
preemption is discussed above. NHTSA notes further that there is no
requirement that individuals submit a petition for reconsideration or
pursue other administrative proceedings before they may file suit in
court. NHTSA believes that this NPRM specifies proposed changes to
FMVSS No. 108 clearly, would define any necessary key terms, and would
provide a clear legal standard for manufacturers to follow. The
amendments would not take effect retroactively. In addition, the
proposed rule provides a clear legal standard for compliance, while
promoting simplification and burden reduction by excepting vehicles
without manually operated driving controls from the requirements
without any reduction in safety.

Privacy Act

Please note that anyone is able to search the electronic form of
all comments received into any of NHTSA's dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). For
information on DOT's compliance with the Privacy Act, see
<a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>.

National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, as amended by Public Law 107-
107 (15 U.S.C. 272), directs the agency to evaluate and use voluntary
consensus standards in its regulatory activities unless doing so would
be inconsistent with applicable law or is otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) developed or adopted by voluntary consensus standards
bodies, such as the Society of Automotive Engineers (SAE). The NTTAA
directs us to provide Congress (through OMB) with explanations when the
agency decides not to use available and potentially applicable
voluntary consensus standards. In this proposed rule, NHTSA is
proposing to incorporate material from the relevant SAE standard on ADS
marker lamps.

Unfunded Mandates Reform Act

Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA),
Public Law 104-4, requires Federal agencies to prepare a written
assessment of the costs, benefits, and other effects of proposed or
final rules that include a Federal mandate likely to result in the
expenditure by State, local, or tribal governments, in the aggregate,
or by the private sector, of more than $100 million annually (adjusted
for inflation with base year of 1995). Adjusting this amount by the
implicit gross domestic product price deflator for the year 2024
results in $187 million (125.224/66.937 = 1.87). This NPRM would not
result in a cost of $187 million or more to either State, local, or
tribal governments, in the aggregate, or the private sector. Thus, this
NPRM is not subject to the requirements of sections 202 of the UMRA.

Executive Order 13609 (Promoting Regulatory Cooperation)

The policy statement in section 1 of E.O. 13609, ``Promoting
International Regulatory Cooperation'' (77 FR 26413, May 4, 2012),
provides, in part, ``The regulatory approaches taken by foreign
governments may differ from those taken by U.S. regulatory agencies to
address similar issues. In some cases, the differences between the
regulatory approaches of U.S. agencies and those of their foreign
counterparts might not be necessary and might impair the ability of
American businesses to export and compete internationally. In meeting
shared challenges involving health, safety, labor, security,
environmental, 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.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.''
In addition, section 24211 of the Infrastructure, Investment, and
Jobs Act (Pub. L. 117-58), 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.''
\39\
---------------------------------------------------------------------------

\39\ H.R. 3684 (117th Congress) (2021).
---------------------------------------------------------------------------

The proposed changes here that would allow cyan-colored ADS marker
lamps as optional motor vehicle lighting equipment are consistent with
and informed by ongoing UNECE efforts and thus further the goals of
international cooperation. Certain aspects of this proposal that may
conflict with the draft UNECE standard are discussed above in this
preamble. The other proposed amendments that would except certain
vehicles from current regulations do not implicate any issues regarding
international regulatory cooperation.

Severability

The issue of severability of FMVSSs is addressed in 49 CFR 571.9.
It provides that if any FMVSS or its application to any person or
circumstance is held invalid, the remainder of the part and the
application of that standard to other persons or circumstances is
unaffected. Comment is requested on the severability of this proposed
amendment to an FMVSS.

Regulation Identifier Number

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

Rulemaking Summary, 5 U.S.C. 553(b)(4)

As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found in the Abstract section of DOT's Unified Agenda entry for this
rulemaking at <a href="http://www.reginfo.gov">www.reginfo.gov</a>.

VI. Public Participation

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> Your comments must not be more than 15 pages long. 49 CFR
553.21. NHTSA established this limit to

[[Page 67256]]

encourage you to write your primary comments in a concise fashion.
However, you may attach necessary additional documents to your
comments. There is no limit on the length of the attachments.
<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">www.regulations.gov</a>. Follow the online
instructions for submitting comments.
<bullet> You may also submit your comments, including the
attachments, to Docket Management at the address given above under
ADDRESSES.
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, NHTSA encourages you to consult
the guidelines in preparing your comments. OMB's guidelines may be
accessed at <a href="https://www.federalregister.gov/documents/2002/02/22/R2-59/guidelines-for-ensuring-and-maximizing-the-quality-objectivity-utility-and-integrity-of-information">https://www.federalregister.gov/documents/2002/02/22/R2-59/guidelines-for-ensuring-and-maximizing-the-quality-objectivity-utility-and-integrity-of-information</a>. DOT's guidelines may be accessed at
<a href="https://www.transportation.gov/dot-information-dissemination-quality-guidelines">https://www.transportation.gov/dot-information-dissemination-quality-guidelines</a>.

How can I be sure that my comments were received?

If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.

How do I submit confidential business information?

You should submit a redacted ``public version'' of your comment
(including redacted versions of any additional documents or
attachments) to the docket using any of the methods identified under
ADDRESSES. This ``public version'' of your comment 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.
You also need to submit a request for confidential treatment
directly to the Office of the 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 section 512.8; and a
certificate, pursuant to section 512.4(b) and part 512, Appendix A.
You are required to submit to the Office of the Chief Counsel one
unredacted ``confidential version'' of the information for which you
are seeking confidential treatment. Pursuant to section 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 the Chief Counsel
one redacted ``public version'' of the information for which you are
seeking confidential treatment. Pursuant to section 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 NHTSA's Office of the Chief Counsel (NCC) at
<a href="/cdn-cgi/l/email-protection#4f0b2e21262a23611d2e2d26212039263b350f2b203b61282039">[email&#160;protected]</a>. You may either submit your request via email
or request 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 Mr. David Jasinski at
<a href="/cdn-cgi/l/email-protection#3d795c4b545913775c4e54534e56547d595249135a524b">[email&#160;protected]</a>.

Will the Agency consider late comments?

NHTSA 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, NHTSA will also consider
comments that Docket Management receives after that date. If Docket
Management receives a comment too late for us to consider in developing
the final rule, NHTSA will consider that comment as an informal
suggestion for future rulemaking action.

How can I read the comments submitted by other people?

You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above in the same location. You may also see the comments on
the internet. To read the comments on the internet, go to
<a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions for accessing the
dockets.
Please note that, even after the comment closing date, NHTSA will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
NHTSA recommends that you periodically check the Docket for new
material.

List of Subjects in 49 CFR Part 571

Motor vehicle safety, Motor vehicles.

Proposed Regulatory Text

In consideration of the foregoing, NHTSA proposes to amend 49 CFR
part 571 as set forth below.

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 continues to read as follows:

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

0
2. Section 571.108 is amended by:
0
a. Revising S4 by adding in alphabetical order the definition of ``ADS
marker lamp,'' and revising the definition of ``vehicular hazard
warning signal operating unit'';
0
b. Adding paragraph S6.1.1.5;
0
c. Removing and reserving paragraph S6.1.3.5.1;
0
d. Removing paragraphs S6.1.3.5.1.1 and S6.1.3.5.1.2;
0
e. Adding paragraphs S6.1.3.7, S6.1.3.7.1, S6.1.3.7.2, and S6.3.4;
0
f. Revising paragraphs S6.6.1, S6.6.2, and S7.6.2.2;
0
g. Adding paragraphs S7.12, S7.12.1, S7.12.2, S7.12.3, S7.12.4,
S7.12.5,

[[Page 67257]]

S7.12.6, S7.12.7, S7.12.8, S7.12.9, S7.12.10, S7.12.10.1, S7.12.10.2,
S7.12.10.3, S7.12.11, S7.12.12, S7.12.12.1, S7.12.13, S7.12.13.1,
S7.12.13.2, S7.12.14, S7.12.14.1, and S7.12.14.2;
0
h. Revising paragraphs S9.1.1, S9.3.1, S9.3.6, S9.4, S9.4.1, S9.4.1.4,
S9.5, S9.6.1, S9.6.2, S9.8.4, S10.18.9.4.2, S14.2.1.3, S14.2.5.4,
S14.2.5.5.6.2, and S14.4.1;
0
i. Adding paragraphs S14.4.1.3.2.6 and S14.4.1.4.2.7;
0
j. Revising paragraphs S14.6.4.1.1, S14.6.9.1.1, and S14.9.3.9.2.1;
0
k. Revising Table I-a and Table V-c;
0
l. Adding Table XXIII and Table XXIV; and
0
Revising Figure 1.
0
3. In addition to the amendments set forth above, in section 571.108,
remove the words ``indicator'' or ``pilot indicator'' and add, in their
place, the word ``telltale'' in the following places:
0
a. S7 through S10.10.
The additions and revisions read as follows:

Sec. 571.108 Standard No. 108; Lamps, reflective devices, and
associated equipment.

* * * * *
S4 * * *
ADS marker lamp is a lamp that is used to indicate when a vehicle
is operating without the expectation that an occupant is monitoring the
roadway.
* * * * *
Vehicular hazard warning signal operating unit means an operating
unit by which the operator of a vehicle causes all required turn signal
lamps to flash simultaneously to indicate to approaching vehicle
operators the presence of a vehicular hazard.
* * * * *
S6.1.1.5 ADS marker lamps. A vehicle may be equipped with four to
eight ADS marker lamps as specified in Table I-a.
* * * * *
S6.1.3.5.1 [Reserved]
* * * * *
S6.1.3.7 ADS marker lamps.
S6.1.3.7.1 Interior mounting. An ADS marker lamp mounted inside a
vehicle with manually operated driving controls must have means
provided to minimize reflections from the light of the lamp upon the
rear window glazing that might be visible to the driver when viewed
directly, or indirectly in the rearview mirror.
S6.1.3.7.2 Lamps mounted near identification lamps. An ADS marker
lamp, if equipped, must be located at least twice the distance from any
required identification lamp as the distance between two adjacent
required identification lamps.
* * * * *
S6.3.4 No ADS marker lamp is permitted to be optically combined
with any other lamp or reflective device.
* * * * *
S6.6.1 All vehicles to which this standard applies, except
trailers, must be equipped with a turn signal operating unit, a turn
signal flasher, and a headlamp beam switching device meeting the
requirements of S9. All vehicles to which this standard applies, except
trailers and vehicles without manually operated driving controls, must
be equipped with a turn signal telltale and an upper beam headlamp
telltale meeting the requirements of S9.
S6.6.2 All vehicles to which this standard applies, except trailers
and motorcycles, must be equipped with a vehicular hazard warning
signal operating unit, a vehicular hazard warning signal flasher, and a
vehicular hazard warning signal telltale meeting the requirements of
S9.
* * * * *
S7.6.2.2 A backup lamp may project incidental red, yellow, cyan, or
white light through reflectors or lenses that are adjacent, close to,
or a part of the lamp assembly.
* * * * *
S7.12 ADS marker lamps.
S7.12.1 Number. See Table I-a.
S7.12.2 Color of light. See Table I-a.
S7.12.3 Mounting location. See Table I-a.
S7.12.4 Mounting height. See Table I-a.
S7.12.5 Activation. See Table I-a.
S7.12.6 Effective projected luminous lens area. No requirement.
S7.12.7 Visibility. See Table V-c.
S7.12.8 Telltale. No requirement.
S7.12.9 Markings. See S6.5.1.2.
S7.12.10 Spacing to other lamps.
S7.12.10.1 Spacing to DRLs. If an ADS marker lamp is mounted within
100 mm from the lighted edge of a DRL not optically combined with a
lower beam headlamp or turn signal lamp, the luminous intensity values
at all test points shown in Table XXIII shall be multiplied at least
2.5 times when DRLs are activated.
S7.12.10.2 Spacing to headlamps or fog lamps. If an ADS marker lamp
is mounted within 100 mm from the lighted edge of a headlamp or fog
lamp, the luminous intensity values at all test points shown in Table
XXIII shall be multiplied at least 2.5 times when headlamps or fog
lamps are on as applicable.
S7.12.10.3 Spacing to turn signal lamps. Each ADS marker lamp must
be located on the vehicle so that the distance from its lighted edge to
the optical center of the nearest turn signal lamp is not less than 100
mm unless the ADS marker lamp is deactivated when the turn signal or
hazard warning signal lamp is activated.
S7.12.11 Multiple compartments and multiple lamps. See Table I-a.
S7.12.12 Ratio to turn signal and stop lamps.
S7.12.12.1 When an ADS marker lamp is combined with a turn signal
or stop lamp, the luminous intensity of the ADS marker lamp at each
identified test point must not be greater than the luminous intensity
of the turn signal or stop lamp at that same test point times the
multiplier shown for that test point in Table XXIII.
S7.12.13 Photometry. Each ADS marker lamp must be designed to
conform to the photometry requirements of Table XXIII and Table XXIV,
when tested according to the procedure of S14.2.1, as specified by this
section.
S7.12.13.1 Photometry, headlamps deactivated. For each ADS marker
lamp operating when the headlamps are deactivated, the maximum
photometric intensity for front is 125 cd, side is 90 cd and rear is 90
cd. The minimum photometric intensity applies when the headlamps or
parking lamps on passenger cars and MPVs, trucks, and buses less than
2032 mm in overall width are not activated.
S7.12.13.2 Photometry, headlamps activated. For each ADS marker
lamp operating when the headlamps are activated, the maximum
photometric intensity for front is 125 cd, side is 18 cd and rear is 18
cd. The minimum photometric intensity applies when the headlamps are
activated in a steady burning state or the parking lamps on passenger
cars and MPVs, trucks, and buses less than 2032 mm in overall width are
activated.
S7.12.14 Physical tests.
S7.12.14.1 Each ADS marker lamp must be designed to conform to the
performance requirements of the vibration test of S14.5, and the color
test and plastic optical material test of S14.4.
S7.12.14.2 Each ADS marker lamp that is not mounted inside the
vehicle must be designed to conform to the performance requirements of
the moisture test, dust test, and corrosion test of S14.5.
* * * * *
S9.1.1 For vehicles with manually operated driving controls, the
turn signal operating unit installed on passenger cars, multipurpose
passenger vehicles, trucks, and buses less than

[[Page 67258]]

2032 mm in overall width must be self-canceling by steering wheel
rotation and capable of cancellation by a manually operated control.
* * * * *
S9.3.1 For vehicles with manually operated driving controls, each
vehicle equipped with a turn signal operating unit where any turn
signal lamp is not visible to the driver must also have a telltale to
provide a clear and unmistakable indication that the turn signal system
is activated.
* * * * *
S9.3.6 Turn signal lamp failure. Failure of one or more turn signal
lamps such that the minimum photometric performance specified in Tables
VI or VII is not being met must be indicated by the turn signal
telltale by a ``steady on'', ``steady off'', or by a significant change
in the flashing rate, except when a vehicle does not have turn signal
telltales or when a variable-load turn signal flasher is used on a
multipurpose passenger vehicle, truck, or bus 2032 mm or more in
overall width, on a truck that is capable of accommodating a slide in
camper, or on any vehicle equipped to tow trailers. For vehicles
without turn signal telltales, failure of one or more turn signal lamps
must be indicated by a lamp failure telltale displayed in clear view of
all designated seating positions.
S9.4 Headlamp beam switching device. Each vehicle must have a means
of switching between lower and upper beams. The switch must have no
dead point and, except as provided by S6.1.5.2, the lower and upper
beams must not be energized simultaneously except momentarily for
temporary signaling purposes or during switching between beams. For
vehicles with manually operated driving controls, the headlamp beam
switching device must be designed and located so that it may be
operated conveniently by a simple movement of the driver's hand or
foot.
S9.4.1 Semiautomatic headlamp beam switching devices. As an
alternative to S9.4, a vehicle with manually operated driving controls
may also be equipped with a semiautomatic means of switching beams that
complies with 9.4.1.1 though S9.4.1.4 and either 9.4.1.5 (Option 1) or
9.4.1.6 (Option 2).
* * * * *
S9.4.1.4 Automatic dimming telltale. There must be a convenient
means of informing the driver when the device is controlling the
headlamps automatically. For headlighting systems certified to Option
1, the device shall not affect the function of the upper beam headlamp
telltale.
* * * * *
S9.5 Upper beam headlamp telltale. Each vehicle with manually
operated driving controls must have a means for indicating to the
driver when the upper beams of the headlighting system are activated.
The upper beam headlamp telltale is not required to be activated when
an Adaptive Driving Beam system is operating in automatic mode.
* * * * *
S9.6.1 For vehicles with manually operated driving controls, the
unit may be an independent device or it may be combined with the turn
signal operating unit. If combined with the turn signal operating unit,
the actuating motion of the hazard function must differ from the
actuating motion of the turn signal function.
S9.6.2 Operating unit switch. The unit must operate independently
of the ignition or equivalent switch. For vehicles with manually
operated driving controls, if the actuation of the hazard function
requires the operation of more than one switch, a means must be
provided for actuating all switches simultaneously by a single driver
action.
* * * * *
S9.8.4 Telltale size and color. If the vehicular hazard warning
signal telltale is not combined with a turn signal telltale, it must
emit a red color and have a minimum area equivalent to a 0.5 in
diameter circle.
* * * * *
S10.18.9.4.2 If the upper beam is not combined in a headlamp with
the lower beam and has fixed horizontal aim or has a horizontal VHAD,
then the headlamp is mounted on a headlamp test fixture which simulates
its actual design location on any vehicle for which the headlamp is
intended. The fixture, with the headlamp installed, is attached to the
goniometer table in such a way that the fixture alignment axes are
coincident with the goniometer axes. An integral beam headlamp is
energized at the voltage as marked according to S6.5.3.2 <plus-minus>20
mv. A headlamp other than an integral beam headlamp is energized at
12.8 v <plus-minus>20 mv. There is no adjustment, shimming, or
modification of the horizontal axis of the headlamp or test fixture,
unless the headlamp is equipped with a VHAD. In this case the VHAD is
adjusted to zero.
* * * * *
S14.2.1.3 Measurement distance. Photometric measurements are made
at a distance between the light source and the point of measurement of
at least 1.2 m for side marker lamps, clearance lamps, identification
lamps, parking lamps, and ADS marker lamps, and at least 3 m for turn
signal lamps, stop lamps, taillamps, backup lamps, and school bus
signal lamps.
* * * * *
S14.2.5.4 Seasoning and test voltage. All sealed beam headlamps,
integral beam headlamps, beam contributors, and replaceable light
sources are seasoned at design voltage for 1% of its average design
life or 10 hours, whichever is less, prior to a photometry test. An
integral beam headlamp is tested at the voltage as marked according to
S6.5.3.2 <plus-minus>20 mv. All other headlamps are tested at 12.8 v
<plus-minus>20 mv, DC. Voltage is measured at the terminals of the
lamp.
* * * * *
S14.2.5.5.6.2 A headlamp whose upper beam is not combined with a
lower beam and has a fixed horizontal aim or has a horizontal VHAD must
be mounted in its normal operating position on a goniometer such that
the mounting fixture alignment axes are coincident with the goniometer
axes. An integral beam headlamp is energized at the voltage as marked
according to S6.5.3.2 <plus-minus>20 mv. A headlamp other than an
integral beam headlamp is energized at 12.8 v <plus-minus>20 mv. There
must be no adjustment, shimming, or modification of the horizontal axis
of the headlamp or test fixture, unless the headlamp is equipped with a
VHAD, in which case the VHAD must be adjusted to zero.
* * * * *
S14.4.1 Color test. The requirement applies to the overall
effective color of light emitted by the device and not to the color of
the light from a small area of the lens. It does not apply to any
indicator or telltale lights. The color of the sample device must
comply when tested by either the Visual Method or the Tristimulus
Method.
* * * * *
S14.4.1.3.2.6 Cyan. Cyan is not acceptable if it is less saturated
(paler), greener, or bluer than the limit standards.
* * * * *
S14.4.1.4.2.7 Cyan. The color of light emitted must fall within the
following boundaries:

y = 0.32 (blue boundary)
x = 0.20 (white boundary)
y = 0.50-0.50x (green boundary)
* * * * *
S14.6.4.1.1 A headlamp connector test must be performed on each
filament circuit of the sample headlamp prior to the test in
S14.6.4.1.2 according to Figure 4 and S14.6.15. The power source is set
to provide 128 watts of power.
* * * * *
S14.6.9.1.1 An unfixtured sample headlamp in its design mounting

[[Page 67259]]

position is placed in water at a temperature of 176[deg] <plus-minus>5
[deg]F (80[deg] <plus-minus>3 [deg]C) for one hour. The headlamp is
energized in its highest wattage mode, with the test voltage as marked
according to S6.5.3.2 <plus-minus>0.1 V during immersion.
* * * * *
S14.9.3.9.2.1 The test is conducted using the standard test circuit
by applying loads from two signal lamps to the maximum design loading
including the telltale.
* * * * *

Table I-a--Required Lamps and Reflective Devices
----------------------------------------------------------------------------------------------------------------
Automated driving system marker lamps permitted but not required on passenger cars, Multipurpose Passenger
Vehicles (MPV), trucks, and buses
-----------------------------------------------------------------------------------------------------------------
Lighting device Number and color Mounting location Mounting height Device activation
----------------------------------------------------------------------------------------------------------------
Front ADS Marker Lamps......... 1 or 2 Cyan; On the front..... Not less than 15 Steady burning. May be
multiple lamp When there is 1, inches. automatically
arrangements not the lamp center activated when a
permitted. on the vertical vehicle is operating
centerline. without the
When there are 2, expectation that an
at the same occupant is
height, monitoring the
symmetrically roadway. Must be
disposed about automatically
the vertical deactivated when a
centerline. vehicle is operating
with the expectation
that an occupant is
monitoring the
roadway. All ADS
marker lamps must
switch on and off
simultaneously.
Side ADS Marker Lamps.......... 1 or 2 Cyan; On each side..... Not less than 15 Steady burning. May be
multiple lamp inches. automatically
arrangements not activated when a
permitted. vehicle is operating
without the
expectation that an
occupant is
monitoring the
roadway. Must be
automatically
deactivated when a
vehicle is operating
with the expectation
that an occupant is
monitoring the
roadway. All ADS
marker lamps must
switch on and off
simultaneously.
Rear ADS Marker Lamps.......... 1 or 2 Cyan; On the rear...... Not less than 15 Steady burning. May be
multiple lamp When there is 1, inches. automatically
arrangements not the lamp center activated when a
permitted. on the vertical vehicle is operating
centerline. without the
When there are 2, expectation that an
at the same occupant is
height, monitoring the
symmetrically roadway. Must be
disposed about automatically
the vertical deactivated when a
centerline. vehicle is operating
with the expectation
that an occupant is
monitoring the
roadway. All ADS
marker lamps must
switch on and off
simultaneously.
----------------------------------------------------------------------------------------------------------------
Note: Table I-a Required Lamps and Reflective Devices would be revised to add ADS marker lamp criteria.
(Note: Add to the bottom of Table I-a, after daytime running lamps)

Table V-c--Visibility Requirements of Installed Lighting Devices--Luminous Intensity Visibility Option
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
Lighting device Corner points \(1)(2)\ Required visibility
minimum luminous
intensity in any
direction throughout
the pattern defined
by the
specified corner
points.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Motorcycle
All other Candela..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Turn signal lamp................... 15[deg] UP-20[deg] IB. 15[deg] UP-80[deg] OB. 15[deg] UP-45[deg] IB 15[deg] UP-80[deg] OB 0.3.
15[deg] DOWN-20[deg] 15[deg] DOWN-80[deg] 15[deg] DOWN-45[deg] 15[deg] DOWN-80[deg]
IB. OB. IB. OB..
Stop lamp.......................... 15[deg] UP-45[deg] 15[deg] UP-45[deg] 15[deg] UP-45[deg] IB 15[deg] UP-45[deg] OB 0.3.
RIGHT \(4)\. LEFT \(4)\. 15[deg] DOWN-45[deg] 15[deg] DOWN-45[deg]
15[deg] DOWN-45[deg] 15[deg] DOWN-45[deg] IB. OB..
RIGHT \(4)\. LEFT \(4)\.
Taillamp \(3)\..................... 15[deg] UP-80[deg] 15[deg] UP-80[deg] 15[deg] UP-45[deg] IB 15[deg] UP-80[deg] OB 0.05.
RIGHT \(5)\. LEFT \(5)\. 15[deg] DOWN-45[deg] 15[deg] DOWN-80[deg]
15[deg] DOWN-80[deg] 15[deg] DOWN-80[deg] IB. OB..
RIGHT \(5)\. LEFT \(5)\.
Parking lamp....................... No Requirement........ No Requirement........ 15[deg] UP-45[deg] IB 15[deg] UP-80[deg] OB 0.05.
No Requirement........ No Requirement........ 15[deg] DOWN-45[deg] 15[deg] DOWN-80[deg]
IB. OB..
Front ADS marker lamp \(6)\........ No Requirement........ No Requirement........ 15[deg] UP-60[deg] IB 15[deg] UP-60[deg] OB 0.05cd when headlamps
15[deg] DOWN-60[deg] 15[deg] DOWN-60[deg] are deactivated and
IB. OB.. 0.3cd when headlamps
are activated.
Rear ADS marker lamp \(6)\......... No Requirement........ No Requirement........ 15[deg] UP-60[deg] IB 15[deg] UP-60[deg] OB 0.05cd when headlamps
15[deg] DOWN-60[deg] 15[deg] DOWN-60[deg] are deactivated and
IB. OB.. 0.3cd when headlamps
are activated.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\(1)\ IB indicates an inboard direction (toward the vehicle's longitudinal centerline) and OB indicates an outboard direction.
\(2)\ Where a lamp is mounted with its axis of reference less than 750 mm above the road surface, the vertical test point angles located below the
horizontal plane subject to visibility requirements may be reduced to 5[deg] down.
\(3)\ Inboard and outboard corner points are 80[deg] for a single taillamp installed on a motorcycle.
\(4)\ If a multiple lamp arrangement is used for a motorcycle stop lamp, the inboard angle for each lamp shall be 10 degrees.
\(5)\ If a multiple lamp arrangement is used for a motorcycle tail lamp, the inboard angle for each lamp shall be 45 degrees.

* * * * *

[[Page 67260]]

Table XXIII--Front and Rear ADS Marker Lamp Photometry Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
Headlamps deactivated \(1)\
Headlamps activated \(2)\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Test point Maximum Minimum Minimum Minimum Minimum
(degrees) photometric photometric photomephotometric photometric
intensity intensity \(3)\ intensity \(3)\ intensity \(3)\ intensity \(3)\
ratio \(5)\ (cd) front lamp (cd) rear lamp (cd) front lamp (cd) rear lamp
--------------------------------------------------------------------------------------------------------------------------------------------------------
20L................................. 5U.......................... 1/3 2.0 1.5 0.4 0.3
5D.......................... ............... 2.0 1.5 0.4 0.3
5L.................................. 10U......................... 1/3 4.0 2.0 0.8 0.4
10D \(4)\................... ............... 4.0 2.0 0.8 0.4
10L................................. 5U.......................... 1/3 4.0 4.0 0.8 0.8
H........................... 1/3 7.0 4.0 1.4 0.8
5D.......................... ............... 4.0 4.0 0.8 0.8
V................................... 5U.......................... 1/5 14.0 9.0 2.8 1.8
5L.................................. H........................... 1/5 18.0 10.0 3.6 2.0
V................................... 1/5 20.0 10.0 4.0 2.0
5R.................................. 1/5 18.0 10.0 3.6 2.0
V................................... 5D.......................... ............... 14.0 9.0 2.8 1.8
10R................................. 5U.......................... 1/3 4.0 4.0 0.8 0.8
H........................... 1/3 7.0 4.0 1.4 0.8
5D.......................... ............... 4.0 4.0 0.8 0.8
5R.................................. 10U......................... 1/3 4.0 2.0 0.8 0.4
10D \(4)\................... ............... 4.0 2.0 0.8 0.4
20R................................. 5U.......................... 1/3 2.0 1.5 0.4 0.3
5D.......................... ............... 2.0 1.5 0.4 0.3
-------------------------------------------------------------------------------------------------------------------
MAXIMUM PHOTOMETRIC INTENSITY ............................ ............... 125 90 125 18
(cd).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\(1)\ The minimum photometric intensity values apply when the headlamps or parking lamps are not activated.
\(2)\ The minimum photometric intensity values apply when the headlamps are activated in a steady burning state or the parking lamps on passenger cars
and MPVs, trucks, and buses less than 2032 mm in overall width are activated.
\(3)\ The photometric intensity values between test points must not be less than the lower specified minimum value of the two closest adjacent test
points on a horizontal or vertical line.
\(4)\ Where ADS marker lamps are mounted with their axis of reference less than 750 mm above the road surface, photometry requirements below 5[deg] down
may be met at 5[deg] down rather than at the specified required downward angle.
\(5)\ For front ADS marker lamps that are combined with front turn signal lamps and for rear ADS marker lamps that are combined with rear turn signal
lamps or stop lamps.

Table XXIV--Side ADS Marker Lamp Photometry Requirements
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Headlamps Headlamps
deactivated \(1)\ activated \(2)\
----------------------------------------------------------------------
Test point Minimum Minimum
(degrees) photometriphotometric
intensity \(3)\ intensity \(3)\
(cd) (cd)
----------------------------------------------------------------------------------------------------------------
10U...................................... 45L......................... 3.0 0.6
V........................... 3.0 0.6
45R......................... 3.0 0.6
H........................................ 45L......................... 3.0 0.6
V........................... 3.0 0.6
45R......................... 3.0 0.6
10D \(4)\................................ 45L......................... 3.0 0.6
V........................... 3.0 0.6
45R......................... 3.0 0.6
----------------------------------------
MAXIMUM PHOTOMETRIC INTENSITY (cd)... ............................ 90 18
----------------------------------------------------------------------------------------------------------------
\(1)\ The minimum photometric intensity values apply when the headlamps or parking lamps are not activated.
\(2)\ The minimum photometric intensity values apply when the headlamps are activated in a steady burning state
or the parking lamps on passenger cars and MPVs, trucks, and buses less than 2032 mm in overall width are
activated.
\(3)\ The photometric intensity values between test points must not be less than the lower specified minimum
value of the two closest adjacent test points on a horizontal or vertical line.
\(4)\ Where ADS marker lamps are mounted with their axis of reference less than 750 mm above the road surface,
photometry requirements below 5[deg] down may be met at 5[deg] down rather than at the specified required
downward angle.

BILLING CODE 4910-59-P

[[Page 67261]]

[GRAPHIC] [TIFF OMITTED] TP26OC26.001

Issued in Washington, DC, under authority delegated in 49 CFR
1.95.
Jonathan Morrison,
Administrator.
[FR Doc. 2026-21794 Filed 10-23-26; 8:45 am]
BILLING CODE 4910-59-C

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