81_FR_65888 81 FR 65703 - Request for Comment on “Federal Automated Vehicles Policy”

81 FR 65703 - Request for Comment on “Federal Automated Vehicles Policy”

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 185 (September 23, 2016)

Page Range65703-65705
FR Document2016-22993

NHTSA invites public comment on the document, ``Federal Automated Vehicles Policy.'' This document is intended as a starting point that provides needed initial guidance to industry, government, and consumers. It will necessarily evolve over time, changing based on public comment; the experience of the agency, manufacturers, suppliers, consumers, and others; and/or further technological innovation. NHTSA intends to revise and refine the document within one year, and periodically thereafter, to reflect such public input, experience, and innovation, and will address significant comments received in the next revision of this document.

Federal Register, Volume 81 Issue 185 (Friday, September 23, 2016)
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Notices]
[Pages 65703-65705]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22993]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0090]


Request for Comment on ``Federal Automated Vehicles Policy''

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

ACTION: Notice and Request for Comments.

-----------------------------------------------------------------------

SUMMARY: NHTSA invites public comment on the document, ``Federal 
Automated Vehicles Policy.'' This document is intended as a starting 
point that provides needed initial guidance to industry, government, 
and consumers. It will necessarily evolve over time, changing based on 
public comment; the experience of the agency, manufacturers, suppliers, 
consumers, and others; and/or further technological innovation. NHTSA 
intends to revise and refine the document within one year, and 
periodically thereafter, to reflect such public input, experience, and 
innovation, and will address significant comments received in the next 
revision of this document.

DATES: You should submit your comments early enough to ensure that 
Docket Management receives them no later than November 22, 2016.

ADDRESSES: Comments should refer to the docket number above and be 
submitted by one of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: 1200 New Jersey Avenue SE., West Building 
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m. 
ET, Monday through Friday, except Federal Holidays.
     Instructions: For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
Public Participation heading of the SUPPLEMENTARY INFORMATION section 
of this document. Note that all comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.
     Privacy Act: Anyone is able to search the electronic form 
of all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477-78) or at https://www.transportation.gov/privacy.
     Docket: For access to the docket to read background 
documents or comments received, go to http://www.regulations.gov or to 
the street address listed above. Follow the online instructions for 
accessing the dockets.

FOR FURTHER INFORMATION CONTACT:  For technical issues: Mr. Frank 
Barickman, Team Leader at NHTSA's Vehicle Research and Test Center at 
(937) 666-4511 or by email at [email protected].
    For legal issues: Mr. Steve Wood of NHTSA's Office of Chief 
Counsel, at (202) 366-2992 or by email at [email protected].

SUPPLEMENTARY INFORMATION:  The National Highway Traffic Safety 
Administration (NHTSA), under the U.S. Department of Transportation, 
was established by the Highway Safety Act of 1970, to carry out safety 
programs under the National Traffic and Motor Vehicle Safety Act of 
1966 and the Highway Safety Act of 1966. NHTSA is responsible for 
reducing deaths, injuries, and economic losses resulting from motor 
vehicle crashes on our nation's roadways. This is accomplished by 
conducting research, setting and enforcing safety performance standards 
for motor vehicles and motor vehicle equipment, generating and 
disseminating comparative safety performance information to encourage 
the production and purchase of advanced safety features, requiring the 
calling and remedying of defective and noncompliant vehicles and 
equipment, and by making grants to state and local governments to 
enable them to conduct effective local highway safety programs. Prior 
or in addition to issuing standards, NHTSA also issues guidance 
regarding motor vehicle safety issues.
    Over the past several decades, many important safety technologies 
have become standard equipment through regulation and voluntary 
industry action, and tremendous adjustments in consumer behavior about 
safety have been made through behavioral safety programs and the 
promotion of these programs by safety partners. Despite these efforts 
and the hundreds of thousands of lives saved attributable to these 
efforts, crashes still happen, and people are still injured and killed. 
35,092 people died on U.S. roadways in 2015. Moreover, NHTSA's data 
suggest that 94% of crashes can be tied to a human choice or 
behavior.\1\
---------------------------------------------------------------------------

    \1\ See Singh, S. (2015, February). Critical reasons for crashes 
investigated in the National Motor Vehicle Crash Causation Survey. 
(Traffic Safety Facts Crash Stats. Report No. DOT HS 812 115). 
Washington, DC: National Highway Traffic Safety Administration.

---------------------------------------------------------------------------

[[Page 65704]]

    Technologies that can help drivers avoid crashes, or help vehicles 
themselves avoid crashes, are ushering in a new era of safety for the 
motoring public. As vehicle technologies take on more and more of the 
driving task--i.e., as vehicle automation progresses, enabled by radar, 
camera, sensors, and communications technologies, along with highly 
sophisticated computer systems and software to interpret and use the 
data obtained by the vehicle--these innovations are expected to begin 
to address and mitigate that overwhelming majority of crashes due to 
human choices or behavior.
    The term ``vehicle automation'' today refers to a spectrum of 
technologies, which can be grouped broadly into several levels. Some 
levels will only provide crash warnings to human drivers, or brake the 
vehicle automatically if the human driver fails to brake soon enough or 
hard enough, while higher levels will combine these abilities to create 
driver-assistance systems to reduce the demand of driving. At the very 
highest levels, the automated system itself (and not the human) may 
function as the ``driver'' of the vehicle. At each level, the safety 
potential grows as does the opportunity to improve mobility, reduce 
energy consumption and improve the livability of cities. To realize 
these tremendous benefits, NHTSA believes it should encourage the 
adoption of these technologies and support their safe introduction. At 
the same time, the remarkable speed with which increasingly complex 
technologies are evolving challenges NHTSA to use its full complement 
of tools to support the safe introduction of these technologies, so 
that they can provide the promised safety benefits today, and achieve 
their full safety potential in the future. To meet this challenge, 
NHTSA must continue to build its expertise and knowledge to keep pace 
with developments, expand its regulatory capability, and increase its 
speed of execution.
    After considerable input from a wide range of stakeholders, NHTSA 
has developed a new document titled ``Federal Automated Vehicles 
Policy.'' NHTSA is issuing this document as Agency guidance rather than 
in a rulemaking in order to speed the delivery of an initial regulatory 
framework and best practices to guide manufacturers and other entities 
in the safe design, development, testing, and deployment of highly 
automated vehicles (HAVs) and also to ensure that premature, static 
regulatory requirements do not hinder innovation and diffusion of the 
dynamic technologies that are being developed in the industry. The 
document is available at www.nhtsa.gov/AV (or at http://www.nhtsa.gov 
(search ``AV Policy'')), and also at http://www.regulations.gov (search 
Docket No. NHTSA-2016-0090). In the following pages, we divide the task 
of facilitating the safe introduction and deployment of HAVs into four 
sections: (1) Vehicle Performance Guidance for Highly Automated 
Vehicles; (2) Model State Policy; (3) NHTSA's Current Regulatory Tools; 
and (4) New Tools and Authorities.

Vehicle Performance Guidance for Highly Automated Vehicles

    The Vehicle Performance Guidance for Highly Automated Vehicles 
section outlines best practices for the safe pre-deployment design, 
development and testing of HAVs prior to commercial sale or operation 
on public roads. This Guidance defines ``deployment'' as the operation 
of an HAV by members of the public who are not the employees or agents 
of the designer, developer, or manufacturer of that HAV.
    This Guidance is intended to be an initial step to guide the safe 
designing, testing and deployment of HAVs. It sets DOT's expectations 
of industry by providing reasonable practices and procedures that 
manufacturers, suppliers, and other entities should follow in the 
immediate short term to design, test and deploy HAVs. The data 
generated from these activities should be shared in a way that allows 
government, industry, and the public to increase their learning and 
understanding as technology evolves but protects legitimate privacy and 
competitive interests.

Model State Policy

    The Model State Policy confirms that States retain their 
traditional responsibilities for vehicle licensing and registration, 
traffic laws and enforcement, and motor vehicle insurance and liability 
regimes while outlining the Federal role for HAVs. Today, a motorist 
generally can drive across state lines without a worry more complicated 
than, ``did the speed limit change?'' The integration of HAVs should 
not change that ability. Similarly, a manufacturer should be able to 
focus on developing a single HAV fleet that can be sold and used in all 
states. State governments play an important role in facilitating HAVs, 
ensuring they are safely deployed, and promoting their life-saving 
benefits. Since 2014, DOT has partnered with the American Association 
of Motor Vehicle Administrators (AAMVA) to explore HAV policies. This 
collaboration was one of the bases for the Model State Policy framework 
presented here and identifies where new issues fit within the existing 
federal/state structure. The shared objective is to ensure the 
establishment of a consistent national framework that allows for 
different policies and approaches across States, while avoiding a 
patchwork of incompatible laws.

NHTSA's Current Regulatory Tools

    NHTSA will continue to exercise its available regulatory authority 
over HAVs using its existing regulatory tools, including 
interpretations, exemptions, notice-and-comment rulemaking, and defects 
and enforcement authority. NHTSA has broad authority to identify safety 
defects, allowing the Agency to recall vehicles or equipment that pose 
an unreasonable risk to safety even when there is no applicable Federal 
Motor Vehicle Safety Standard (FMVSS).
    To aid regulated entities and the public in understanding and using 
these tools (including for purposes related to the introduction of new 
HAVs), NHTSA has prepared a new information and guidance document, 
contained in Section III of the HAV Policy. This document provides 
instructions, practical guidance, and assistance to entities seeking to 
employ those tools. Furthermore, NHTSA has streamlined its review 
process and is committing to issuing simple HAV-related interpretations 
in 60 days, and ruling on simple HAV-related exemption requests in six 
months.
    NHTSA advises interested persons that, unlike the other sections of 
the HAV Policy, Section III is intended to have wider application 
outside the automated vehicles context. Persons interested in NHTSA's 
general practices and procedures for interpretations, exemptions, 
rulemaking, and reconsideration petitions may wish to review Section 
III and determine whether they wish to submit comments.

New Tools and Authorities

    The more effective use of NHTSA's existing regulatory tools will 
help to expedite the safe introduction and regulation of new HAVs. 
However, in part because today's governing statutes and regulations 
were developed when HAVs were only a remote notion, those tools alone 
may be insufficient to ensure that HAVs are introduced safely, and to 
realize the full safety promise of new technologies. The speed at which 
HAVs are advancing, combined with the

[[Page 65705]]

complexity and novelty of these innovations, will challenge the 
Agency's conventional regulatory processes and capabilities. This 
challenge requires NHTSA to examine whether the ways in which NHTSA has 
addressed safety for the last several decades should be expanded to 
realize the safety potential of HAVs over the decades to come.
    Therefore, Section IV of the HAV Policy identifies potential new 
tools, authorities, and regulatory approaches that could aid the safe 
deployment of new technologies by enabling the Agency to be more nimble 
and flexible. There will always be an important role for standards and 
testing protocols based on careful scientific research and developed 
through the give-and-take of an open public process. However, it is 
likely that additional regulatory tools along with new expertise and 
research also will be needed to allow the Agency to more quickly 
address safety challenges and speed the deployment of lifesaving 
technology.

Public Comment

    Although most of this policy is effective immediately upon 
publication, NHTSA is seeking public comment on the entire document. 
While the Agency sought input from various stakeholders during the 
development of the document, it recognizes that not all interested 
persons had a full opportunity to provide such input. Formal comments 
will allow for that opportunity.
    Similarly, some of the items in the vehicle performance guidance 
are subject to the requirements of the Paperwork Reduction Act, which 
requires that the Agency provide separate notice and comment. The 
notice for those items will be published shortly at http://www.regulations.gov (search Docket No. NHTSA-2016-0091). Finally, NHTSA 
expects to hold public meetings and workshops associated with specific 
items in this Policy. Once the timing of those meetings has been 
finalized, Federal Register notices for those meetings will also be 
published.
    While the Policy is intended as a starting point that provides 
needed initial guidance to industry, government, and consumers, it will 
necessarily evolve over time to meet the changing needs and demands of 
improved safety and technology. Accordingly, NHTSA expects and intends 
the policy document and its guidance to be iterative, changing based on 
public comment; the experience of the agency, manufacturers, suppliers, 
consumers, and others; and further technological innovation. NHTSA 
intends to revise and refine the document regularly to reflect such 
experience, innovation, and public input.

Public Participation

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your 
comments are filed correctly in the docket, please include the docket 
number of this document in your comments.
    Your comments must not be more than 15 pages long (49 CFR 553.21). 
NHTSA established this limit to 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.
    Please submit one copy (two copies if submitting by mail or hand 
delivery) of your comments, including the attachments, to the docket 
following the instructions given above under ADDRESSES. Please note, if 
you are submitting comments electronically as a PDF (Adobe) file, we 
ask that the documents submitted be scanned using an Optical Character 
Recognition (OCR) process, thus allowing the agency to search and copy 
certain portions of your submissions.

How do I submit confidential business information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Office of the Chief Counsel, NHTSA, at the 
address given above under FOR FURTHER INFORMATION CONTACT. In addition, 
you may submit a copy (two copies if submitting by mail or hand 
delivery), from which you have deleted the claimed confidential 
business information, to the docket by one of the methods given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in NHTSA's confidential 
business information regulation (49 CFR part 512).

Will the agency consider late comments?

    NHTSA will consider all comments received before the close of 
business on the comment closing date indicated above under DATES. To 
the extent possible, the agency will also consider comments received 
after that date. Given that we intend for the policy document to be a 
living document and to be developed in an iterative fashion, subsequent 
opportunities to comment will also be provided periodically.

How can I read the comments submitted by other people?

    You may read the comments received at the address given above under 
COMMENTS. The hours of the docket are indicated above in the same 
location. You may also see the comments on the Internet, identified by 
the docket number at the heading of this notice, at http://www.regulations.gov.
    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, 
the agency recommends that you periodically check the docket for new 
material.

    Authority: 49 U.S.C. 30101.

    Issued in Washington, DC, on September 20, 2016 under authority 
delegated in 49 CFR part 1.95.
Nathaniel Beuse,
Associate Administrator for Vehicle Safety Research.
[FR Doc. 2016-22993 Filed 9-22-16; 8:45 am]
 BILLING CODE 4910-59-P



                                                                               Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices                                                               65703

                                                  Respondent Universe: 41 railroad                                Reporting burden:
                                                carriers.

                                                                                                                                                                                      Average time per             Total annual
                                                            Annual PTC progress report                            Respondent universe              Total annual responses                response                  burden hours

                                                Form FRA F 6180.166 .........................................    41 railroads ..................   41 reports/forms ...........   38.41 hours ..................          1,575



                                                   FRA notes that the 38.41-hour                                and others; and/or further technological                   Team Leader at NHTSA’s Vehicle
                                                estimate is an average for all railroads.                       innovation. NHTSA intends to revise                        Research and Test Center at (937) 666–
                                                FRA estimated the annual reporting                              and refine the document within one                         4511 or by email at av_info_nhtsa@
                                                burden is 60 hours for Class I and large                        year, and periodically thereafter, to                      dot.gov.
                                                passenger railroads, 40 hours for Class                         reflect such public input, experience,                        For legal issues: Mr. Steve Wood of
                                                II and medium passenger railroads, and                          and innovation, and will address                           NHTSA’s Office of Chief Counsel, at
                                                25 hours for Class III, terminal, and                           significant comments received in the                       (202) 366–2992 or by email at
                                                small passenger railroads.                                      next revision of this document.                            steve.wood@dot.gov.
                                                   Total Estimated Annual Responses for                         DATES: You should submit your                              SUPPLEMENTARY INFORMATION: The
                                                Form FRA F 6180.166: 41.                                        comments early enough to ensure that                       National Highway Traffic Safety
                                                   Total Estimated Annual Burden for                            Docket Management receives them no                         Administration (NHTSA), under the
                                                Form FRA F 6180.166: 1,575 hours.                               later than November 22, 2016.
                                                   Total Estimated Annual Responses for                                                                                    U.S. Department of Transportation, was
                                                                                                                ADDRESSES: Comments should refer to                        established by the Highway Safety Act
                                                Entire Information Collection: 147,776.                         the docket number above and be
                                                   Total Estimated Annual Burden for                                                                                       of 1970, to carry out safety programs
                                                                                                                submitted by one of the following                          under the National Traffic and Motor
                                                Entire Information Collection:                                  methods:
                                                3,126,039.                                                                                                                 Vehicle Safety Act of 1966 and the
                                                                                                                   • Federal Rulemaking Portal: http://                    Highway Safety Act of 1966. NHTSA is
                                                   Status: Regular Review.                                      www.regulations.gov. Follow the online
                                                   Under 44 U.S.C. 3507(a) and 5 CFR                                                                                       responsible for reducing deaths,
                                                                                                                instructions for submitting comments.                      injuries, and economic losses resulting
                                                1320.5(b) and 1320.8(b)(3)(vi), FRA                                • Mail: Docket Management Facility,
                                                informs all interested parties that it may                                                                                 from motor vehicle crashes on our
                                                                                                                U.S. Department of Transportation, 1200                    nation’s roadways. This is accomplished
                                                not conduct or sponsor, and a                                   New Jersey Avenue SE., West Building
                                                respondent is not required to respond                                                                                      by conducting research, setting and
                                                                                                                Ground Floor, Room W12–140,                                enforcing safety performance standards
                                                to, a collection of information unless it                       Washington, DC 20590–0001.
                                                displays a currently valid OMB control                                                                                     for motor vehicles and motor vehicle
                                                                                                                   • Hand Delivery: 1200 New Jersey
                                                number.                                                                                                                    equipment, generating and
                                                                                                                Avenue SE., West Building Ground
                                                                                                                                                                           disseminating comparative safety
                                                   Authority: 44 U.S.C. 3501–3520.                              Floor, Room W12–140, Washington, DC,
                                                                                                                                                                           performance information to encourage
                                                  Issued in Washington, DC, on September                        between 9 a.m. and 5 p.m. ET, Monday
                                                                                                                                                                           the production and purchase of
                                                20, 2016.                                                       through Friday, except Federal
                                                                                                                Holidays.                                                  advanced safety features, requiring the
                                                Patrick T. Warren,                                                                                                         calling and remedying of defective and
                                                                                                                   • Instructions: For detailed
                                                Acting Executive Director.                                                                                                 noncompliant vehicles and equipment,
                                                                                                                instructions on submitting comments
                                                [FR Doc. 2016–22943 Filed 9–22–16; 8:45 am]
                                                                                                                and additional information on the                          and by making grants to state and local
                                                BILLING CODE 4910–06–P                                          rulemaking process, see the Public                         governments to enable them to conduct
                                                                                                                Participation heading of the                               effective local highway safety programs.
                                                                                                                SUPPLEMENTARY INFORMATION section of                       Prior or in addition to issuing standards,
                                                DEPARTMENT OF TRANSPORTATION                                    this document. Note that all comments                      NHTSA also issues guidance regarding
                                                                                                                received will be posted without change                     motor vehicle safety issues.
                                                National Highway Traffic Safety                                                                                               Over the past several decades, many
                                                Administration                                                  to http://www.regulations.gov, including
                                                                                                                any personal information provided.                         important safety technologies have
                                                [Docket No. NHTSA–2016–0090]                                       • Privacy Act: Anyone is able to                        become standard equipment through
                                                                                                                search the electronic form of all                          regulation and voluntary industry
                                                Request for Comment on ‘‘Federal                                comments received into any of our                          action, and tremendous adjustments in
                                                Automated Vehicles Policy’’                                     dockets by the name of the individual                      consumer behavior about safety have
                                                AGENCY: National Highway Traffic                                submitting the comment (or signing the                     been made through behavioral safety
                                                Safety Administration (NHTSA),                                  comment, if submitted on behalf of an                      programs and the promotion of these
                                                Department of Transportation (DOT).                             association, business, labor union, etc.).                 programs by safety partners. Despite
                                                                                                                You may review DOT’s complete                              these efforts and the hundreds of
                                                ACTION: Notice and Request for
                                                                                                                Privacy Act Statement in the Federal                       thousands of lives saved attributable to
                                                Comments.
                                                                                                                Register published on April 11, 2000                       these efforts, crashes still happen, and
                                                SUMMARY:   NHTSA invites public                                 (65 FR 19477–78) or at https://                            people are still injured and killed.
                                                comment on the document, ‘‘Federal                              www.transportation.gov/privacy.                            35,092 people died on U.S. roadways in
                                                Automated Vehicles Policy.’’ This                                  • Docket: For access to the docket to                   2015. Moreover, NHTSA’s data suggest
sradovich on DSK3GMQ082PROD with NOTICES




                                                document is intended as a starting point                        read background documents or                               that 94% of crashes can be tied to a
                                                that provides needed initial guidance to                        comments received, go to http://                           human choice or behavior.1
                                                industry, government, and consumers. It                         www.regulations.gov or to the street
                                                will necessarily evolve over time,                              address listed above. Follow the online                      1 See Singh, S. (2015, February). Critical reasons

                                                                                                                instructions for accessing the dockets.                    for crashes investigated in the National Motor
                                                changing based on public comment; the                                                                                      Vehicle Crash Causation Survey. (Traffic Safety
                                                experience of the agency,                                       FOR FURTHER INFORMATION CONTACT: For                       Facts Crash Stats. Report No. DOT HS 812 115).
                                                manufacturers, suppliers, consumers,                            technical issues: Mr. Frank Barickman,                                                                  Continued




                                           VerDate Sep<11>2014     18:22 Sep 22, 2016    Jkt 238001   PO 00000      Frm 00082     Fmt 4703    Sfmt 4703    E:\FR\FM\23SEN1.SGM      23SEN1


                                                65704                       Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices

                                                   Technologies that can help drivers                   premature, static regulatory                          American Association of Motor Vehicle
                                                avoid crashes, or help vehicles                         requirements do not hinder innovation                 Administrators (AAMVA) to explore
                                                themselves avoid crashes, are ushering                  and diffusion of the dynamic                          HAV policies. This collaboration was
                                                in a new era of safety for the motoring                 technologies that are being developed in              one of the bases for the Model State
                                                public. As vehicle technologies take on                 the industry. The document is available               Policy framework presented here and
                                                more and more of the driving task—i.e.,                 at www.nhtsa.gov/AV (or at http://                    identifies where new issues fit within
                                                as vehicle automation progresses,                       www.nhtsa.gov (search ‘‘AV Policy’’)),                the existing federal/state structure. The
                                                enabled by radar, camera, sensors, and                  and also at http://www.regulations.gov                shared objective is to ensure the
                                                communications technologies, along                      (search Docket No. NHTSA–2016–0090).                  establishment of a consistent national
                                                with highly sophisticated computer                      In the following pages, we divide the                 framework that allows for different
                                                systems and software to interpret and                   task of facilitating the safe introduction            policies and approaches across States,
                                                use the data obtained by the vehicle—                   and deployment of HAVs into four                      while avoiding a patchwork of
                                                these innovations are expected to begin                 sections: (1) Vehicle Performance                     incompatible laws.
                                                to address and mitigate that                            Guidance for Highly Automated
                                                                                                                                                              NHTSA’s Current Regulatory Tools
                                                overwhelming majority of crashes due                    Vehicles; (2) Model State Policy; (3)
                                                to human choices or behavior.                           NHTSA’s Current Regulatory Tools; and                    NHTSA will continue to exercise its
                                                   The term ‘‘vehicle automation’’ today                (4) New Tools and Authorities.                        available regulatory authority over
                                                refers to a spectrum of technologies,                                                                         HAVs using its existing regulatory tools,
                                                which can be grouped broadly into                       Vehicle Performance Guidance for                      including interpretations, exemptions,
                                                several levels. Some levels will only                   Highly Automated Vehicles                             notice-and-comment rulemaking, and
                                                provide crash warnings to human                           The Vehicle Performance Guidance                    defects and enforcement authority.
                                                drivers, or brake the vehicle                           for Highly Automated Vehicles section                 NHTSA has broad authority to identify
                                                automatically if the human driver fails                 outlines best practices for the safe pre-             safety defects, allowing the Agency to
                                                to brake soon enough or hard enough,                    deployment design, development and                    recall vehicles or equipment that pose
                                                while higher levels will combine these                  testing of HAVs prior to commercial sale              an unreasonable risk to safety even
                                                abilities to create driver-assistance                   or operation on public roads. This                    when there is no applicable Federal
                                                systems to reduce the demand of                         Guidance defines ‘‘deployment’’ as the                Motor Vehicle Safety Standard
                                                driving. At the very highest levels, the                operation of an HAV by members of the                 (FMVSS).
                                                automated system itself (and not the                    public who are not the employees or                      To aid regulated entities and the
                                                human) may function as the ‘‘driver’’ of                agents of the designer, developer, or                 public in understanding and using these
                                                the vehicle. At each level, the safety                  manufacturer of that HAV.                             tools (including for purposes related to
                                                potential grows as does the opportunity                   This Guidance is intended to be an                  the introduction of new HAVs), NHTSA
                                                to improve mobility, reduce energy                      initial step to guide the safe designing,             has prepared a new information and
                                                consumption and improve the livability                  testing and deployment of HAVs. It sets               guidance document, contained in
                                                of cities. To realize these tremendous                  DOT’s expectations of industry by                     Section III of the HAV Policy. This
                                                benefits, NHTSA believes it should                      providing reasonable practices and                    document provides instructions,
                                                encourage the adoption of these                         procedures that manufacturers,                        practical guidance, and assistance to
                                                technologies and support their safe                     suppliers, and other entities should                  entities seeking to employ those tools.
                                                introduction. At the same time, the                     follow in the immediate short term to                 Furthermore, NHTSA has streamlined
                                                remarkable speed with which                             design, test and deploy HAVs. The data                its review process and is committing to
                                                increasingly complex technologies are                   generated from these activities should                issuing simple HAV-related
                                                evolving challenges NHTSA to use its                    be shared in a way that allows                        interpretations in 60 days, and ruling on
                                                full complement of tools to support the                 government, industry, and the public to               simple HAV-related exemption requests
                                                safe introduction of these technologies,                increase their learning and                           in six months.
                                                so that they can provide the promised                   understanding as technology evolves                      NHTSA advises interested persons
                                                safety benefits today, and achieve their                but protects legitimate privacy and                   that, unlike the other sections of the
                                                full safety potential in the future. To                 competitive interests.                                HAV Policy, Section III is intended to
                                                meet this challenge, NHTSA must                                                                               have wider application outside the
                                                                                                        Model State Policy
                                                continue to build its expertise and                                                                           automated vehicles context. Persons
                                                knowledge to keep pace with                                The Model State Policy confirms that               interested in NHTSA’s general practices
                                                developments, expand its regulatory                     States retain their traditional                       and procedures for interpretations,
                                                capability, and increase its speed of                   responsibilities for vehicle licensing and            exemptions, rulemaking, and
                                                execution.                                              registration, traffic laws and                        reconsideration petitions may wish to
                                                   After considerable input from a wide                 enforcement, and motor vehicle                        review Section III and determine
                                                range of stakeholders, NHTSA has                        insurance and liability regimes while                 whether they wish to submit comments.
                                                developed a new document titled                         outlining the Federal role for HAVs.
                                                                                                        Today, a motorist generally can drive                 New Tools and Authorities
                                                ‘‘Federal Automated Vehicles Policy.’’
                                                NHTSA is issuing this document as                       across state lines without a worry more                 The more effective use of NHTSA’s
                                                Agency guidance rather than in a                        complicated than, ‘‘did the speed limit               existing regulatory tools will help to
                                                rulemaking in order to speed the                        change?’’ The integration of HAVs                     expedite the safe introduction and
                                                delivery of an initial regulatory                       should not change that ability.                       regulation of new HAVs. However, in
                                                                                                        Similarly, a manufacturer should be                   part because today’s governing statutes
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                                                framework and best practices to guide
                                                manufacturers and other entities in the                 able to focus on developing a single                  and regulations were developed when
                                                safe design, development, testing, and                  HAV fleet that can be sold and used in                HAVs were only a remote notion, those
                                                deployment of highly automated                          all states. State governments play an                 tools alone may be insufficient to ensure
                                                vehicles (HAVs) and also to ensure that                 important role in facilitating HAVs,                  that HAVs are introduced safely, and to
                                                                                                        ensuring they are safely deployed, and                realize the full safety promise of new
                                                Washington, DC: National Highway Traffic Safety         promoting their life-saving benefits.                 technologies. The speed at which HAVs
                                                Administration.                                         Since 2014, DOT has partnered with the                are advancing, combined with the


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                                                                            Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices                                                65705

                                                complexity and novelty of these                         document regularly to reflect such                    comments received after that date.
                                                innovations, will challenge the Agency’s                experience, innovation, and public                    Given that we intend for the policy
                                                conventional regulatory processes and                   input.                                                document to be a living document and
                                                capabilities. This challenge requires                                                                         to be developed in an iterative fashion,
                                                                                                        Public Participation
                                                NHTSA to examine whether the ways in                                                                          subsequent opportunities to comment
                                                which NHTSA has addressed safety for                    How do I prepare and submit                           will also be provided periodically.
                                                the last several decades should be                      comments?                                             How can I read the comments submitted
                                                expanded to realize the safety potential
                                                                                                           Your comments must be written and                  by other people?
                                                of HAVs over the decades to come.
                                                   Therefore, Section IV of the HAV                     in English. To ensure that your                          You may read the comments received
                                                Policy identifies potential new tools,                  comments are filed correctly in the                   at the address given above under
                                                authorities, and regulatory approaches                  docket, please include the docket                     COMMENTS. The hours of the docket
                                                that could aid the safe deployment of                   number of this document in your                       are indicated above in the same
                                                new technologies by enabling the                        comments.                                             location. You may also see the
                                                Agency to be more nimble and flexible.                     Your comments must not be more                     comments on the Internet, identified by
                                                There will always be an important role                  than 15 pages long (49 CFR 553.21).                   the docket number at the heading of this
                                                for standards and testing protocols                     NHTSA established this limit to                       notice, at http://www.regulations.gov.
                                                based on careful scientific research and                encourage you to write your primary                      Please note that, even after the
                                                developed through the give-and-take of                  comments in a concise fashion.                        comment closing date, NHTSA will
                                                an open public process. However, it is                  However, you may attach necessary                     continue to file relevant information in
                                                likely that additional regulatory tools                 additional documents to your                          the docket as it becomes available.
                                                along with new expertise and research                   comments. There is no limit on the                    Further, some people may submit late
                                                also will be needed to allow the Agency                 length of the attachments.                            comments. Accordingly, the agency
                                                to more quickly address safety                             Please submit one copy (two copies if              recommends that you periodically
                                                challenges and speed the deployment of                  submitting by mail or hand delivery) of               check the docket for new material.
                                                lifesaving technology.                                  your comments, including the                            Authority: 49 U.S.C. 30101.
                                                                                                        attachments, to the docket following the
                                                Public Comment                                          instructions given above under                          Issued in Washington, DC, on September
                                                                                                                                                              20, 2016 under authority delegated in 49 CFR
                                                   Although most of this policy is                      ADDRESSES. Please note, if you are
                                                                                                                                                              part 1.95.
                                                effective immediately upon publication,                 submitting comments electronically as a
                                                                                                                                                              Nathaniel Beuse,
                                                NHTSA is seeking public comment on                      PDF (Adobe) file, we ask that the
                                                                                                        documents submitted be scanned using                  Associate Administrator for Vehicle Safety
                                                the entire document. While the Agency
                                                                                                                                                              Research.
                                                sought input from various stakeholders                  an Optical Character Recognition (OCR)
                                                                                                                                                              [FR Doc. 2016–22993 Filed 9–22–16; 8:45 am]
                                                during the development of the                           process, thus allowing the agency to
                                                document, it recognizes that not all                    search and copy certain portions of your              BILLING CODE 4910–59–P

                                                interested persons had a full                           submissions.
                                                opportunity to provide such input.
                                                                                                        How do I submit confidential business                 DEPARTMENT OF TRANSPORTATION
                                                Formal comments will allow for that
                                                                                                        information?
                                                opportunity.                                                                                                  National Highway Traffic Safety
                                                   Similarly, some of the items in the                    If you wish to submit any information               Administration
                                                vehicle performance guidance are                        under a claim of confidentiality, you
                                                subject to the requirements of the                      should submit three copies of your                    [Docket No. NHTSA–2016–0040]
                                                Paperwork Reduction Act, which                          complete submission, including the
                                                requires that the Agency provide                        information you claim to be confidential              NHTSA Enforcement Guidance Bulletin
                                                separate notice and comment. The                        business information, to the Office of                2016–02: Safety-Related Defects and
                                                notice for those items will be published                the Chief Counsel, NHTSA, at the                      Automated Safety Technologies
                                                shortly at http://www.regulations.gov                   address given above under FOR FURTHER                 AGENCY:  National Highway Traffic
                                                (search Docket No. NHTSA–2016–0091).                    INFORMATION CONTACT. In addition, you                 Safety Administration (NHTSA),
                                                Finally, NHTSA expects to hold public                   may submit a copy (two copies if                      Department of Transportation.
                                                meetings and workshops associated                       submitting by mail or hand delivery),                 ACTION: Final notice.
                                                with specific items in this Policy. Once                from which you have deleted the
                                                the timing of those meetings has been                   claimed confidential business                         SUMMARY:    Automotive technology is at a
                                                finalized, Federal Register notices for                 information, to the docket by one of the              moment of rapid change and may evolve
                                                those meetings will also be published.                  methods given above under ADDRESSES.                  farther in the next decade than in the
                                                   While the Policy is intended as a                    When you send a comment containing                    previous 45-plus year history of the
                                                starting point that provides needed                     information claimed to be confidential                Agency. As the automobile industry
                                                initial guidance to industry,                           business information, you should                      moves toward fully automated (self-
                                                government, and consumers, it will                      include a cover letter setting forth the              driving) vehicles and other innovative
                                                necessarily evolve over time to meet the                information specified in NHTSA’s                      mobility solutions, NHTSA seeks to
                                                changing needs and demands of                           confidential business information                     facilitate the advance of automated
                                                improved safety and technology.                         regulation (49 CFR part 512).                         technologies that currently present
                                                Accordingly, NHTSA expects and                                                                                safety improvements and that, in the
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                                                intends the policy document and its                     Will the agency consider late                         future, are likely to improve safety and
                                                guidance to be iterative, changing based                comments?                                             decrease the number of crashes, traffic
                                                on public comment; the experience of                      NHTSA will consider all comments                    fatalities, and serious injuries on U.S.
                                                the agency, manufacturers, suppliers,                   received before the close of business on              roadways. NHTSA is commanded by
                                                consumers, and others; and further                      the comment closing date indicated                    Congress to protect the safety of the
                                                technological innovation. NHTSA                         above under DATES. To the extent                      driving public against unreasonable
                                                intends to revise and refine the                        possible, the agency will also consider               risks of harm that may occur because of


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Document Created: 2016-09-23 01:43:31
Document Modified: 2016-09-23 01:43:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and Request for Comments.
DatesYou should submit your comments early enough to ensure that Docket Management receives them no later than November 22, 2016.
ContactFor technical issues: Mr. Frank Barickman, Team Leader at NHTSA's Vehicle Research and Test Center at (937) 666-4511 or by email at [email protected]
FR Citation81 FR 65703 

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