81 FR 85917 - Federal Automated Vehicles Policy

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 229 (November 29, 2016)

Page Range		85917-85919
FR Document		2016-28628

NHTSA is announcing a public meeting to seek input specifically on the Model State Policy and Modern Regulatory Tools sections of the recently released Federal Automated Vehicles Policy (the Policy). The Policy is guidance that seeks to speed the delivery of an initial regulatory framework for highly automated vehicles (HAVs) as well as encourage conformance with best practices to guide manufacturers and other entities in the safe design, development, testing, and deployment of HAVs. The Model State Policy builds on collective knowledge gathered from safety stakeholders, and is intended to help avoid a patchwork of inconsistent laws and regulations. It outlines States' roles in regulating HAVs and lays out model procedures and requirements for use by States that wish to enact laws governing HAVs. The Modern Regulatory Tools section includes potential new tools and authorities that could help NHTSA overcome the challenges and take advantage of the opportunities involved in the safe and expeditious development of HAVs. Held in two distinct parts, the public meeting in the morning session will be an open listening session for the Model State Policy. In the afternoon session, there will be moderated panel discussions on the Modern Regulatory Tools. All comments during the public meeting will be oral.

Federal Register, Volume 81 Issue 229 (Tuesday, November 29, 2016)

[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Proposed Rules]
[Pages 85917-85919]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28628]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Chapter V

[Docket No. NHTSA-2016-0090], Notice 3


Federal Automated Vehicles Policy

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

ACTION: Notice of public meeting.

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

SUMMARY: NHTSA is announcing a public meeting to seek input 
specifically on the Model State Policy and Modern Regulatory Tools 
sections of the recently released Federal Automated Vehicles Policy 
(the Policy). The Policy is guidance that seeks to speed the delivery 
of an initial regulatory framework for highly automated vehicles (HAVs) 
as well as encourage conformance with best practices to guide 
manufacturers and other entities in the safe design, development, 
testing, and deployment of HAVs.
    The Model State Policy builds on collective knowledge gathered from 
safety stakeholders, and is intended to help avoid a patchwork of 
inconsistent laws and regulations. It outlines States' roles in 
regulating HAVs and lays out model procedures and requirements for use 
by States that wish to enact laws governing HAVs.
    The Modern Regulatory Tools section includes potential new tools 
and authorities that could help NHTSA overcome the challenges and take 
advantage of the opportunities involved in the safe and expeditious 
development of HAVs.
    Held in two distinct parts, the public meeting in the morning 
session will be an open listening session for the Model State Policy. 
In the afternoon session, there will be moderated panel discussions on 
the Modern Regulatory Tools. All comments during the public meeting 
will be oral.

DATES: NHTSA will hold the public meeting on December 12, 2016, in 
Arlington, VA. The meeting will start at 8:30 a.m. and continue until 5 
p.m. local time. Check-in will begin at 8 a.m.

[[Page 85918]]

Attendees should arrive early enough to be seated by 8:30 a.m.

ADDRESSES: The meeting will be held at the United States Army 
Conference and Event Center (CEC), located at 2425 Wilson Boulevard, 
Arlington, VA 22201 (Courthouse Metro Station). This facility is 
accessible to individuals with disabilities. The meeting will also be 
webcast live, and a link to the webcast will be available through 
http://www.nhtsa.gov/nhtsa/av/index.html.
    Docket: A docket (NHTSA-2016-0090) was created as an option for 
members of the public to submit written comments on the Policy. The 
formal docket comment period closed on November 22, 2016. Additional 
comments may still be submitted. Comments not received in time to be 
considered in the next iteration of the document will be considered in 
a future iteration of it. For access to the docket, go to http://www.regulations.gov at any time or to 1200 New Jersey Avenue SE., West 
Building, Ground Floor, Room W12-140, Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays. 
Telephone: 202-366-9826.
    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 (Volume 65, Number 70; Pages 19477-78), you may visit 
http://www.dot.gov/privacy.html.

FOR FURTHER INFORMATION CONTACT: If you have questions about the public 
meeting, please contact Ms. Yvonne Clarke, Program Assistant, Office of 
Vehicle Safety Research at (202) 366-1845 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On September 20, 2016, DOT released the Federal Automated Vehicles 
Policy (the Policy). The Policy is intended to ensure automated vehicle 
technologies are safely introduced and achieve their full safety 
potential by removing possible roadblocks to the integration of 
innovative automotive technology. The full Policy can be found at 
www.nhtsa.gov/AV.
    Following publication of the Policy and during the open comment 
period of the Policy, NHTSA held the first in a series of public 
meetings on November 10, 2016. The morning session of the meeting 
focused on all four sections of the Policy: Section I: Vehicle 
Performance Guidance for Automated Vehicles, Section II: Model State 
Policy, Section III: NHTSA's Current Regulatory Tools, and Section IV: 
Modern Regulatory Tools. Comments were presented in an open listening 
session forum. The afternoon session focused specifically on the Safety 
Assessment, included under Section I: Vehicle Performance Guidance for 
Automated Vehicles. NHTSA extended invitations to specific 
organizations and individuals to ensure a broad perspective regarding 
submission of a Safety Assessment Letter. The session closed with 
opening the floor for further comments as desired.

Meeting

    NHTSA is seeking input through this series of public meetings to 
further refine the Policy. The public meeting on December 12, 2016, the 
second in the series, is being held to provide individuals an 
opportunity to offer oral feedback regarding the following sections of 
the Policy: Section II: Model State Policy and Section IV: Modern 
Regulatory Tools.
    During the morning session, the agency will seek input specifically 
on Section II: Model State Policy. This session will focus on gathering 
feedback regarding how the States, manufacturers, and other entities 
have understood and interpreted the Model State Policy. States have 
already begun passing laws and developing regulations surrounding HAVs. 
A national dialogue is necessary to gather additional information on 
any potential challenges foreseen, suggestions for clarification, and 
recommended improvements to assist in avoiding a patchwork of 
inconsistent laws and regulations. The session will be an open 
listening session in which individuals or organizations can register to 
speak or, if time permits, provide oral comments at the conclusion of 
the morning session.
    During the afternoon session of the meeting, the Agency will seek 
specific input on Section IV: Modern Regulatory Tools. This section 
identifies potential new regulatory tools and statutory authorities 
that may aid the safe and efficient deployment of new lifesaving 
technologies. This session will focus on gathering feedback on the new 
tools and authorities discussed in this section, as well as other ideas 
and suggestions to assist in the safe development, testing, and 
deployment of HAVs. This session will consist of six moderated panels. 
Each panel will run approximately 35 minutes and be guided by questions 
appropriate for the topic at hand. Panels will focus on the following 
subject areas:
    Panel I: Safety Assurance: Tools to demonstrate that entities 
design, manufacturing, and testing processes apply the NHTSA 
performance guidance, industry best practices, and other performance 
criteria and standards to assure the safe operation of motor vehicles, 
before those vehicles are deployed on public roads.
    Panel II: Pre-Market Approval Authority: Pre-market approval is a 
substantially different regulatory approach than the current self-
certification used by NHTSA. The discussion provided in the Policy is a 
preliminary exploration of issues and not intended as an endorsement.
    Panel III: Imminent Hazard Authority: This authority would enable 
NHTSA to require manufacturers to take immediate action to mitigate 
safety risks deemed imminent hazards.
    Panel IV: Expanded Exemption Authority for HAVs: Expanded exemption 
authority could change the volume and or time limit of the existing 
exemption authority to allow for greater flexibility and increase 
opportunities for data collection, analysis, and planning.
    Panel V: Post-Sale Tools To Regulate Software Changes: Post-Sale 
updates in software could substantially change the functionality and 
operation that HAVs had when they were certified at the time of their 
manufacture. Additional tools may be useful in monitoring and 
regulating such updates.
    Panel VI: Tools: The Policy highlights multiple tools that could 
potentially be used in safe deployment if given authority or 
clarification: Variable test procedures to ensure behavioral competence 
and avoid gaming of tests, functional and system safety, regular 
reviews for making agency testing protocols iterative and forward-
looking, additional record keeping/reporting, and enhanced data 
collection tools.
    Registration is necessary for all attendees. Attendees, including 
those who do not plan to make any oral remarks at the meeting, should 
register at: https://docs.google.com/forms/d/152ETANkzDa62u2_b5AkuC1Qj00xDMKP292AYZk03R78/edit by December 9, 2016. 
Please provide your name, email address, and affiliation, indicate if 
you wish to offer oral technical remarks, and please indicate whether 
you require accommodations such as a sign language interpreter. Space 
is limited, so advanced and early registration is highly encouraged.
    Although attendees will be given the opportunity to offer technical 
remarks, there will not be time for attendees to

[[Page 85919]]

make audio-visual presentations during the meeting. Additionally, NHTSA 
may not be able to accommodate all attendees who wish to make oral 
remarks. NHTSA will conduct the public meeting informally, and 
technical rules of evidence will not apply. We will arrange for a 
written transcript of the meeting. You may make arrangements for copies 
of the transcripts directly with the court reporter. The transcript 
will also be posted in the docket when it becomes available.
    Should it be necessary to cancel the meeting due to inclement 
weather or other emergency, NHTSA will take all available measures to 
notify registered participants.

Draft Meeting Agenda

8:00-8:30 a.m.--Arrival/Check-In
8:30-8:45 a.m.--Welcome/Important Notices/Format
8:45-9:00 a.m.--NHTSA Leadership Address
9:00-12:00 p.m.--Open Listening Session on Section II: Model State 
Policy
12:00-1:00 p.m.--Lunch (on your own)/Arrival/Check-In
1:00-1:35 p.m.--Modern Regulatory Tools--Panel I: Safety Assurance
1:35-2:10 p.m.--Modern Regulatory Tools--Panel II: Pre-Market Approval
2:10-2:45 p.m.--Modern Regulatory Tools--Panel III: Imminent Hazard 
Authority
2:45-3:00 p.m.--Break
3:00-3:35 p.m.--Modern Regulatory Tools--Panel IV: Expanded Exemption 
Authority
3:35-4:10 p.m.--Modern Regulatory Tools--Panel V: Post Sale Tools to 
Regulate Software Changes
4:10-4:45 p.m.--Modern Regulatory Tools--Panel VI: Tools
4:45-5:00 p.m.--Closing Remarks/Adjourn

Morning Session Meeting Topic

    The morning session of the meeting will be an open listening 
session and an opportunity for individuals to offer oral remarks on 
Section II: Model State Policy of the Federal Automated Vehicles Policy 
(the Policy). This section describes the responsibilities of both the 
Federal and State governments in regards to the regulation of HAVs and 
recommends policy areas for States to consider for the validation, 
testing, and deployment of highly automated vehicles with the goal of 
generating a consistent national framework.
    Specifically, commenters are asked to discuss the following topics 
at the meeting:

 Content

    The agency seeks comment on the content included within the Model 
State Policy:
    Are there any areas within the Model State Policy that need 
additional clarification?
    Are there any gaps that you have identified in the Model State 
Policy?
    What barriers or challenges do you foresee that might hinder the 
ability for implementation of the guidance?

 The Federal and State Roles

    The agency seeks comment on the Federal and State Roles portion of 
the Model State Policy. Does the Policy clearly identify the 
appropriate roles and division of regulatory responsibilities for motor 
vehicle operations between Federal and State authorities?

 Application for Manufacturers or Other Entities To Test HAVs 
on Public Roadways

    The agency seeks comment on the amount and type of information that 
a jurisdiction would deem appropriate to receive from NHTSA that would 
identify that each vehicle used for testing by manufacturers or other 
entities follows the Performance Guidance set forth by NHTSA and meets 
all applicable Federal Motor Vehicle Safety Standards?

 Liability and Insurance

    States are responsible for determining liability rules for HAVs. 
For example, if a HAV is determined to be at fault in a crash then who 
should be held liable? For Insurance, States need to determine who 
(owner, operator, passenger, manufacturer, etc.) must carry motor 
vehicle insurance. What additional insurance and liability issues have 
States identified? Would it be desirable for NHTSA to create a 
commission to study such and make recommendations to the States?

Afternoon Session Meeting Topic

    The afternoon session of the meeting provides an opportunity for 
invited individuals to comment on Section IV: Modern Regulatory Tools. 
This session will consist of six moderated panels. The panels will run 
approximately 35 minutes and be guided by questions appropriate for the 
topics at hand: Panel I: Safety Assurance, Panel II: Pre-Market 
Approval Authority, Panel III: Imminent Hazard Authority, Panel IV: 
Expanded Exemption Authority for HAVs, Panel V: Post-Sale Tools To 
Regulate Software Changes, and Panel VI: Tools. This section identifies 
potential new regulatory tools and statutory authorities that may aid 
the safe and efficient deployment of new lifesaving technologies.

Nathaniel Beuse,
Associate Administrator for Vehicle Safety Research.
[FR Doc. 2016-28628 Filed 11-28-16; 8:45 am]
 BILLING CODE 4910-59-P

Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Proposed Rules 85917

personal property furnished either prior Government, are considered itself, does not lose its identity or
to or during the performance of this accountable. become a component part of another
contract by any U.S. Government (2) The term Government property, article when put into use; is durable,
accountable officer to the contractor for wherever it appears in the following with an expected service life of two
use in connection with performance of clause, shall mean Government- years or more; and that has a unit cost
this contract and identified by such furnished property and non-expendable of more than $500.
officer as accountable. All mobile personal property title to which vests in (b) Reporting Requirement: To be
Information Technology (IT) equipment, the U.S. Government under this inserted following the text of the (48
including but not limited to, mobile contract, including ‘‘Contractor- CFR) FAR clause.
phones (e.g. smartphones), laptops, acquired Property’’ title to which vests Reporting Requirements: The
tablets, and encrypted devices, either with the U.S. Government. Non- Contractor will submit an annual report
provided as government furnished expendable personal property, for on all Government property in a form
property, or acquired by the contractor, purposes of this contract, is defined as and manner acceptable to USAID
title to which vests in the U.S. personal property that is complete in substantially as follows:
ANNUAL REPORT OF GOVERNMENT PROPERTY IN CONTRACTOR’S CUSTODY
[Name of contractor as of (end of contract year), 20XX]

Furniture and furnishings— Other
Motor vehicles government
Office Living quarters property

A. Value of property as of last report ..................................................
B. Transactions during this reporting period .......................................
1. Acquisitions (add): ....................................................................
a. Contract acquired property 1 .............................................
b. Transferred from USAID 2 .................................................
c. Transferred from others, without reimbursement 3 ............
2. Disposals (deduct): ...................................................................
a. Returned to USAID ...........................................................
b. Transferred to USAID—Contractor purchased .................
c. Transferred to other Government agencies 3 ....................
d. Other disposals 3 ...............................................................
C. Value of property as of reporting date ............................................
D. Estimated average age of contractor held property .......................
Years Years Years Years
1 Personal property that is complete in itself, does not lose its identity or become a component part of another article when put into use; is du-
rable, with an expected service life of two years or more; and that has a unit cost of more than $500.
2 Government-furnished property listed in this contract as nonexpendable or accountable.
3 Explain if transactions were not processed through or otherwise authorized by USAID.

Property Inventory Verification DEPARTMENT OF TRANSPORTATION The Model State Policy builds on
collective knowledge gathered from
I attest that (1) physical inventories of
National Highway Traffic Safety safety stakeholders, and is intended to
Government property are taken not less
Administration help avoid a patchwork of inconsistent
frequently than annually; (2) the
accountability records maintained for laws and regulations. It outlines States’
Government property in our possession are
49 CFR Chapter V roles in regulating HAVs and lays out
in agreement with such inventories; and (3) model procedures and requirements for
the total of the detailed accountability [Docket No. NHTSA–2016–0090], Notice 3 use by States that wish to enact laws
records maintained agrees with the property governing HAVs.
value shown opposite line C above, and the
Federal Automated Vehicles Policy The Modern Regulatory Tools section
estimated average age of each category of AGENCY: National Highway Traffic includes potential new tools and
property is as cited opposite line D above. Safety Administration (NHTSA), authorities that could help NHTSA
Authorized Signature llllllllll Department of Transportation (DOT). overcome the challenges and take
Name llllllllllllllllll advantage of the opportunities involved
ACTION: Notice of public meeting.
Title llllllllllllllllll in the safe and expeditious development
Date llllllllllllllllll SUMMARY: NHTSA is announcing a of HAVs.
Dated: October 20, 2016. public meeting to seek input specifically Held in two distinct parts, the public
Roy Plucknett, on the Model State Policy and Modern meeting in the morning session will be
Regulatory Tools sections of the recently an open listening session for the Model
Chief Acquisition Officer. State Policy. In the afternoon session,
released Federal Automated Vehicles
[FR Doc. 2016–28338 Filed 11–28–16; 8:45 am] there will be moderated panel
Policy (the Policy). The Policy is
jstallworth on DSK7TPTVN1PROD with PROPOSALS

BILLING CODE 6116–01–P
guidance that seeks to speed the discussions on the Modern Regulatory
delivery of an initial regulatory Tools. All comments during the public
framework for highly automated meeting will be oral.
vehicles (HAVs) as well as encourage DATES: NHTSA will hold the public
conformance with best practices to meeting on December 12, 2016, in
guide manufacturers and other entities Arlington, VA. The meeting will start at
in the safe design, development, testing, 8:30 a.m. and continue until 5 p.m. local
and deployment of HAVs. time. Check-in will begin at 8 a.m.

VerDate Sep<11>2014 16:42 Nov 28, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\29NOP1.SGM 29NOP1

Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Proposed Rules 85919

make audio-visual presentations during Morning Session Meeting Topic identify that each vehicle used for
the meeting. Additionally, NHTSA may The morning session of the meeting testing by manufacturers or other
not be able to accommodate all will be an open listening session and an entities follows the Performance
attendees who wish to make oral opportunity for individuals to offer oral Guidance set forth by NHTSA and meets
remarks. NHTSA will conduct the remarks on Section II: Model State all applicable Federal Motor Vehicle
public meeting informally, and Policy of the Federal Automated Safety Standards?
technical rules of evidence will not Vehicles Policy (the Policy). This
apply. We will arrange for a written • Liability and Insurance
section describes the responsibilities of
transcript of the meeting. You may make both the Federal and State governments States are responsible for determining
arrangements for copies of the in regards to the regulation of HAVs and liability rules for HAVs. For example, if
transcripts directly with the court recommends policy areas for States to a HAV is determined to be at fault in a
reporter. The transcript will also be consider for the validation, testing, and crash then who should be held liable?
posted in the docket when it becomes deployment of highly automated For Insurance, States need to determine
available. vehicles with the goal of generating a who (owner, operator, passenger,
Should it be necessary to cancel the consistent national framework. manufacturer, etc.) must carry motor
meeting due to inclement weather or Specifically, commenters are asked to vehicle insurance. What additional
other emergency, NHTSA will take all discuss the following topics at the insurance and liability issues have
available measures to notify registered meeting: States identified? Would it be desirable
participants.
• Content for NHTSA to create a commission to
Draft Meeting Agenda study such and make recommendations
The agency seeks comment on the to the States?
8:00–8:30 a.m.—Arrival/Check-In
content included within the Model State
8:30–8:45 a.m.—Welcome/Important Afternoon Session Meeting Topic
Policy:
Notices/Format
8:45–9:00 a.m.—NHTSA Leadership Are there any areas within the Model
State Policy that need additional The afternoon session of the meeting
Address provides an opportunity for invited
9:00–12:00 p.m.—Open Listening clarification?
Are there any gaps that you have individuals to comment on Section IV:
Session on Section II: Model State Modern Regulatory Tools. This session
Policy identified in the Model State Policy?
What barriers or challenges do you will consist of six moderated panels.
12:00–1:00 p.m.—Lunch (on your own)/ The panels will run approximately 35
Arrival/Check-In foresee that might hinder the ability for
implementation of the guidance? minutes and be guided by questions
1:00–1:35 p.m.—Modern Regulatory
appropriate for the topics at hand: Panel
Tools—Panel I: Safety Assurance • The Federal and State Roles I: Safety Assurance, Panel II: Pre-Market
1:35–2:10 p.m.—Modern Regulatory
The agency seeks comment on the Approval Authority, Panel III: Imminent
Tools—Panel II: Pre-Market
Approval Federal and State Roles portion of the Hazard Authority, Panel IV: Expanded
2:10–2:45 p.m.—Modern Regulatory Model State Policy. Does the Policy Exemption Authority for HAVs, Panel
Tools—Panel III: Imminent Hazard clearly identify the appropriate roles V: Post-Sale Tools To Regulate Software
Authority and division of regulatory Changes, and Panel VI: Tools. This
2:45–3:00 p.m.—Break responsibilities for motor vehicle section identifies potential new
3:00–3:35 p.m.—Modern Regulatory operations between Federal and State regulatory tools and statutory
Tools—Panel IV: Expanded authorities? authorities that may aid the safe and
Exemption Authority efficient deployment of new lifesaving
• Application for Manufacturers or technologies.
3:35–4:10 p.m.—Modern Regulatory
Other Entities To Test HAVs on Public
Tools—Panel V: Post Sale Tools to
Roadways Nathaniel Beuse,
Regulate Software Changes
4:10–4:45 p.m.—Modern Regulatory The agency seeks comment on the Associate Administrator for Vehicle Safety
Tools—Panel VI: Tools amount and type of information that a Research.
4:45–5:00 p.m.—Closing Remarks/ jurisdiction would deem appropriate to [FR Doc. 2016–28628 Filed 11–28–16; 8:45 am]
Adjourn receive from NHTSA that would BILLING CODE 4910–59–P
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Document Created: 2016-11-29 00:33:12
Document Modified: 2016-11-29 00:33:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of public meeting.
Dates		NHTSA will hold the public meeting on December 12, 2016, in Arlington, VA. The meeting will start at 8:30 a.m. and continue until 5 p.m. local time. Check-in will begin at 8 a.m. Attendees should arrive early enough to be seated by 8:30 a.m.
Contact		If you have questions about the public meeting, please contact Ms. Yvonne Clarke, Program Assistant, Office of Vehicle Safety Research at (202) 366-1845 or by email at [email protected]
FR Citation		81 FR 85917

81 FR 85917 - Federal Automated Vehicles Policy

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 81, Issue 229 (November 29, 2016)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration