Products Liability Law Daily Wrap Up, FINAL RULES—MOTOR VEHICLES—NHTSA delays effective date of final rules due to regulatory freeze, (Feb 18, 2025)

By WK Editorial Staff

The rules at issue cover test dummies, child restraint anchorage systems, electric vehicles, and seat belt reminder systems.

In accordance with a January 2025 memorandum from President Trump titled “Regulatory Freeze Pending Review,” the National Highway Traffic Safety Administration (NHTSA) has temporarily delayed, until March 20, 2025, the effective date of the following final rules:

• Anthropomorphic test devices. Originally scheduled to take effect on February 18, 2025, this final rule revises the chest jacket and spine box specifications for the Hybrid III 5th Percentile Female Test Dummy (HIII-5F) to address issues with fit and availability of the jacket and a noise artifact from the spine box (Delay of effective date, 90 Fed. Reg. 9611 (Feb. 14, 2025)).

• Child restraint anchorage systems. This final rule, originally scheduled to take effect on March 10, 2025, establishes an ease-of-use standard for child restraint anchorage systems. It amends Federal Motor Vehicle Safety Standard (FMVSS) No. 225, Child restraint anchorage systems, and No. 213b, Child restraint systems (Delay of effective date, 90 Fed. Reg. 9611 (Feb. 14, 2025)).

• Electric-powered vehicles. This final rule adopted FMVSS No. 305a, Electric-powered vehicles: Electrolyte spillage and electrical shock protection. It applies to light and heavy vehicles and includes performance requirements for the propulsion battery. The rule was originally scheduled to take effect on February 18, 2025 (Delay of effective date, 90 Fed. Reg. 9609 (Feb. 14, 2025)).

• Seat belt reminder systems. Originally scheduled to take effect on March 4, 2025, this final rule requires a seat belt use warning system for rear seats and enhances the seat belt warning requirements for the front outboard seats. It amends FMVSS No. 208, Occupant crash protection (Delay of effective date, 90 Fed. Reg. 9610 (Feb. 14, 2025)).

In NHTSA’s view, this temporary delay in effective date is necessary to give officials in the Department of Transportation the opportunity for further review and consideration of new regulations, consistent with the President’s memorandum. This action is exempt from notice and comment under 5 U.S.C. § 553.

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