NHTSA open to negotiated rulemaking on some safety issues

NHTSA is ready to make some deals regarding your safety. Peter Simshauser, the organization's chief counsel, said during SAE International's WCX 2026 this year that the agency is considering bringing back negotiated rule making, where a small number of automotive companies or other stakeholders can get together to make rules outside of the standard rulemaking procedures outlined in the Administrative Procedure Act (APA).

“We feel confident that there is good space in NHTSA for Negotiated Rulemaking,” Simshauser said. “I can't commit to anything, particularly in front of this large audience, but we are anticipating activity in that regard. NHTSA has not traditionally done negotiated rule makings, but we are looking forward to it in a couple of spaces. It involves identifying a neutral party. Think of somebody like a law professor who's got subject matter expertise, bringing in people from across the stakeholder spectrum, both on the OEM side, on the supplier side, the safety advocate side, and trying to arrive at negotiated standards in a couple of areas that we've identified as ripe for this activity at this time.” Simshauser said tire and lighting standards have “been on the books for decades now and are long overdue for pretty deep overhauls.”