81_FR_87889 81 FR 87656 - Visual-Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices

81 FR 87656 - Visual-Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 233 (December 5, 2016)

Page Range87656-87683
FR Document2016-29051

This notice details the proposed contents of the second phase of the National Highway Traffic Safety Administration's (NHTSA) Driver Distraction Guidelines (Phase 2 Guidelines). The purpose of the Phase 2 Guidelines is to provide a safety framework for developers of portable and aftermarket electronic devices to use when developing visual-manual user interfaces for their systems. The Guidelines encourage innovative solutions such as pairing and Driver Mode that, when implemented, will reduce the potential for unsafe driver distraction by limiting the time a driver's eyes are off the road, while at the same time preserving the full functionality of these devices when they are not used while driving. Currently no safety guidelines exist for portable device technologies when they are used during a driving task. NHTSA seeks comments and suggestions to improve this proposal.

Federal Register, Volume 81 Issue 233 (Monday, December 5, 2016)
[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Notices]
[Pages 87656-87683]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29051]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0137]


Visual-Manual NHTSA Driver Distraction Guidelines for Portable 
and Aftermarket Devices

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

ACTION: Notice of proposed Federal guidelines.

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SUMMARY: This notice details the proposed contents of the second phase 
of the National Highway Traffic Safety Administration's (NHTSA) Driver 
Distraction Guidelines (Phase 2 Guidelines). The purpose of the Phase 2 
Guidelines is to provide a safety framework for developers of portable 
and aftermarket electronic devices to use when developing visual-manual 
user interfaces for their systems. The Guidelines encourage innovative 
solutions such as pairing and Driver Mode that, when implemented, will 
reduce the potential for unsafe driver distraction by limiting the time 
a driver's eyes are off the road, while at the same time preserving the 
full functionality of these devices when they are not used while 
driving. Currently no safety guidelines exist for portable device 
technologies when they are used during a driving task. NHTSA seeks 
comments and suggestions to improve this proposal.

DATES: You should submit your comments early enough to be received not 
later than February 3, 2017.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: Go to 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 or Courier: 1200 New Jersey Avenue SE., West 
Building Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: All submissions must include the agency name and 
docket number. Note that all comments received will be posted without 
change to http://www.regulations.gov, including any personal 
information provided. Please see the Privacy Act discussion below. We 
will consider all comments received before the close of business on the 
comment closing date indicated above. To the extent possible, we will 
also consider comments filed after the closing date.
    Docket: For access to the docket to read background documents or 
comments received, 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

[[Page 87657]]

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 the 
U.S. DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000, (Volume 65, Number 70; Pages 19477-78) or 
you may visit http://www.dot.gov/privacy.html.
    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 Chief Counsel, NHTSA, 
at the address given under FOR FURTHER INFORMATION CONTACT. In 
addition, you should submit two copies, from which you have deleted the 
claimed confidential business information, to Docket Management at the 
address given above. 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 our 
confidential business information regulation (49 CFR part 512).

FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact 
Dr. Chris Monk, phone: (202) 366-5195, or [email protected]. Dr. 
Monk's mailing address is: National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: The final version of the Phase 2 Guidelines 
will not have the force and effect of law and will not be a regulation. 
Therefore, NHTSA is not required to provide notice and an opportunity 
for comment. NHTSA is doing so, however, to ensure that the final Phase 
2 Guidelines benefit from the input of all knowledgeable and interested 
members of the public.

Table of Contents

I. Executive Summary
    A. The Driver Distraction Safety Problem
    B. What is driver distraction?
    C. NHTSA's Efforts To Reduce Driver Distraction
    D. The Proposed NHTSA Guidelines for Portable and Aftermarket 
Devices
    E. Major Differences Between the Proposed Phase 2 and Phase 1 
NHTSA Guidelines
    F. Phase 2 Outreach Efforts
II. Background
    A. Overview
    B. Definition and Scope of Driver Distraction
    C. Prevalence of Portable Device Use While Driving
    D. Driver Distraction Safety Problem
    E. Driver Distraction and Portable Devices
    1. Crash Data
    2. Crash Risk Associated With Portable Device Use
    F. Overview of Efforts To Combat Driver Distraction
    G. Efforts by States To Address Distracted Driving Involving the 
Use of Portable Devices
    H. Education and Public Awareness Efforts
    1. Government Programs and Efforts
    2. Industry Programs and Efforts
    I. Design Guideline Efforts
    1. NHTSA's Phase 1 Visual-Manual Driver Distraction Guidelines
    2. Efforts by Industry To Address Driver Distraction From 
Portable Devices
    3. Public Meeting on the Phase 2 Distraction Guidelines
III. Distraction Guidelines for Portable and Aftermarket Devices
    A. Scope
    1. Devices/Device Interfaces
    2. Tasks
    B. Overview of the Phase 2 Guidelines
    C. Pairing
    1. Pairing Recommendations
    2. Privacy and Data Sharing for Paired Devices
    3. Cybersecurity for Paired Devices
    D. Driver Mode
    1. Driver Mode Recommendations
    2. Driver Mode Activation
    E. Aftermarket Devices
IV. Expected Effects of the Phase 2 Guidelines
    A. Estimated Time for Conformance
    B. NHTSA Monitoring of Portable and Aftermarket Conformance With 
the Guidelines
V. Authority To Issue the Phase 2 Guidelines
VI. Public Participation
VII. National Technology Transfer and Advancement Act of 1995 
(NTTAA)

I. Executive Summary

A. The Driver Distraction Safety Problem

    In 2015,\1\ 10 percent of the 35,092 traffic fatalities involved 
one or more distracted drivers, and these distraction-affected crashes 
resulted in 3,477 fatalities, an 8.8 percent increase from the 3,197 
fatalities in 2014.\2\ Of the 5.6 million non-fatal, police-reported 
crashes in 2014 (the most recent year for which detailed distraction-
affected crash data is available), 16 percent were distraction-affected 
crashes, and resulted in 424,000 people injured.
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    \1\ NHTSA. (2016). Traffic Safety Facts Research Note: 2015 
Motor Vehicle Crashes: Overview (DOT HS 812 318). Available at 
https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812318 
(last accessed on 10/4/16).
    \2\ NHTSA. (2016). Traffic Safety Facts Research Note: 
Distracted Driving 2014 (DOT HS 812 260) (hereinafter ``Traffic 
Safety Facts Research Note: Distracted Driving 2014''). Available at 
https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812260 
(last accessed on 10/4/16). 2014 data are the most recent data 
available.
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    The crash data indicate that visual-manual interaction (an action 
that requires a user to look away from the roadway and manipulate a 
button or interface) with portable devices, particularly cell phones, 
is often the main distraction for drivers involved in crashes. In 2014, 
there were 385 fatal crashes that involved the use \3\ of a cell phone, 
resulting in 404 fatalities. These crashes represent 13 percent of the 
distraction-affected fatal crashes or 1.3 percent of all fatal 
crashes.\4\ The data also indicate that there were a number of fatal 
crashes that involved the use of a device or object brought into the 
vehicle (some of which may also have been crashes that involved the use 
of a cell phone). This catch-all category includes crashes that 
involved the use of portable devices, such as navigation devices, in 
addition to other types of objects (e.g., cigarette lighters). Of the 
967,000 distraction-affected crashes in 2014, 7 percent (or 1.1 percent 
of all crashes) involved the use of cell phones and resulted in 33,000 
people injured.\5\
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    \3\ Use of a cell phone includes talking on or listening to a 
cell phone, dialing or texting on a cell phone, and other cell-
phone-related activities.
    \4\ Other types of distraction-affected crashes include those 
caused by daydreaming, eating or drinking, smoking, and conversing 
with a passenger. See NHTSA. (2016). Traffic Safety Facts Research 
Note: Distracted Driving 2014.
    \5\ Id.
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B. What is driver distraction?

    Driver distraction is a specific type of inattention that occurs 
when drivers divert their attention away from the driving task to focus 
on another activity. This distraction can come from electronic devices, 
such as texting or emailing on cell phones or smartphones, and more 
traditional activities such as interacting with passengers, eating, or 
events external to the vehicle. Driver distraction can affect drivers 
in different ways, and can be broadly categorized into the following 
types:
     Visual distraction: Tasks that require the driver to look 
away from the roadway to visually obtain information;
     Manual distraction: Tasks that require the driver to take 
one or both hands off the steering wheel to manipulate a control, 
device, or other non-driving-related item;
     Cognitive distraction: Tasks that require the driver to 
avert their mental attention away from the driving task.
    Tasks can involve one, two, or all three of these distraction 
types.
    NHTSA is aware of the effect that these types of distraction can 
have on driving safety, particularly visual-manual distraction. At any 
given time, an estimated 542,073 drivers are using hand-held cell 
phones while driving.\6\

[[Page 87658]]

Moreover, when sending or receiving a text message with a hand-held 
phone, the total time that a driver's eyes are focused off the road is 
23 seconds on average.\7\ This means while traveling at 55 mph, a 
driver's eyes are off the road for more than a third of a mile for 
every text message sent or received.
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    \6\ NHTSA. (2016). Traffic Safety Facts Research Note: Driver 
Electronic Device Use in 2015. (DOT HS 812 326). Available at 
https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812326 
(last accessed on 10/4/16).
    \7\ Fitch, G., et al. (2013). The Impact of Hand-Held and Hands-
Free Cell Phone Use on Driving Performance and Safety-Critical Event 
Risk (DOT HS 811 757). Washington, DC: National Highway Traffic 
Safety Administration.
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C. NHTSA's Efforts To Reduce Driver Distraction

    As an agency committed to reducing deaths, injuries, and economic 
losses resulting from motor vehicle crashes, NHTSA has initiated, and 
continues to work toward eliminating crashes attributable to driver 
distraction. Most prominently, NHTSA and the United States Department 
of Transportation (US DOT) have encouraged efforts by states and other 
local authorities to pass laws prohibiting hand-held use of portable 
devices while driving. NHTSA, in conjunction with industry, local 
governments, and various public interest groups, has also taken 
numerous steps to educate the public about the dangers of distracted 
driving.
    However, until distracted driving is eliminated, the agency must 
work in the real-world where many drivers continue to use their 
portable devices and other in-vehicle systems in unsafe ways while 
driving. Thus, NHTSA has also worked on how to mitigate the distraction 
that may be caused by these new technologies. In April 2010, NHTSA 
called for the development of voluntary guidelines addressing driver 
distraction caused by in-vehicle systems and portable devices.\8\ This 
sentiment was reinforced by the US DOT's and NHTSA's June 2012 
``Blueprint for Ending Distracted Driving.'' \9\ The blueprint is a 
comprehensive approach to the distraction problem. The three steps 
outlined in the blueprint include: Enacting and enforcing tough state 
laws on distracted driving, addressing technology, and better educating 
young drivers. All three components are necessary to address the 
distraction issue. The Distraction Guidelines focus on step two by 
addressing technology.
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    \8\ NHTSA. (2010). Overview of the National Highway Traffic 
Safety Administration's Driver Distraction Program (DOT HS 811 299). 
Available at http://www.nhtsa.gov/staticfiles/nti/distracted_driving/pdf/811299.pdf (last accessed on 10/4/16).
    \9\ NHTSA. (2012). Blueprint for Ending Distracted Driving (DOT 
HS 811 629). Available at: http://www.distraction.gov/downloads/pdfs/blueprint-for-ending-distracted-driving.pdf (last accessed on 
10/4/16).
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    The development of non-binding, voluntary guidelines for in-vehicle 
and portable devices is being implemented in three phases. The Phase 1 
Driver Distraction Guidelines (Phase 1 Guidelines), released in 2013, 
cover visual-manual interfaces of electronic devices installed in 
vehicles as original equipment (OE).\10\ The Phase 2 Driver Distraction 
Guidelines (Phase 2 Guidelines), which are the subject of this notice, 
would apply to visual-manual interfaces of portable and aftermarket 
devices.
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    \10\ 78 FR 24817 (Apr. 26, 2013). Available at https://www.federalregister.gov/articles/2013/04/26/2013-09883/visual-manual-nhtsa-driver-distraction-guidelines-for-in-vehicle-electronic-devices (last accessed on 10/4/16).
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    While NHTSA is proposing the Phase 2 Guidelines, it is important to 
note that the agency continues to support state efforts to prohibit 
hand-held use of portable devices while driving. In proposing the Phase 
2 Guidelines, NHTSA stresses that it does not encourage the hand-held 
use of portable devices while driving. While NHTSA acknowledges that 
there are many available technology solutions, state laws, and consumer 
information campaigns designed to help reduce distracted driving, the 
agency believes that an important way to help mitigate the real-world 
risk posed by driver distraction from portable devices is for these 
devices to have limited functionality and simplified interfaces when 
they are used by drivers while driving. This is especially true because 
some of these devices are intended to be used while driving and others 
have applications that are clearly meant to be used by drivers to 
complete the driving task. These Guidelines are, therefore, intended to 
reduce the potential distraction associated with hand-held portable and 
aftermarket device use while driving. The agency believes these 
Guidelines will provide a framework for portable device and application 
developers to take into account real-world device use by consumers when 
driving. In addition, the agency notes that applications that are meant 
to be used by drivers while driving are likely to continue to be 
developed and made available.
    While these Guidelines help manufacturers develop portable and 
aftermarket devices while keeping safe driving in mind, it remains the 
driver's responsibility to ensure the safe operation of the vehicle and 
to comply with all state traffic laws. This includes, but is not 
limited to laws that ban texting and/or the use of hand-held devices 
while driving. NHTSA and the US DOT support and will continue to 
support State and Federal efforts to combat distracted driving.

D. The Proposed NHTSA Guidelines for Portable and Aftermarket Devices

    This notice announces the proposed Phase 2 Guidelines for Portable 
and Aftermarket Devices. The Phase 1 Guidelines for OE in-vehicle 
interfaces, discussed in detail below, provide the foundation for the 
proposed Phase 2 Guidelines. Phase 1 provided specific recommendations 
for minimizing the distraction potential from OE in-vehicle interfaces 
that involve visual-manual interaction. Particularly, the Phase 1 
Guidelines are focused on recommending acceptance criteria for driver 
glance behavior where single average glances away from the forward 
roadway are 2 seconds or less and where the sum of the durations of all 
individual glances away from the forward roadway are 12 seconds or less 
while performing a testable task, such as selecting a song from a 
satellite radio station.
    To the extent practicable, the Phase 2 Guidelines apply the Phase 1 
recommendations to the visual-manual interfaces of portable devices 
(e.g., smartphones, tablets, and navigation devices) and aftermarket 
devices (i.e., devices installed in the vehicle after manufacture). 
Because there are both similarities and differences between OE 
interfaces and portable devices, the Phase 2 Guidelines primarily focus 
on portable devices. Due to the functional similarities between 
aftermarket devices and OE systems, the Phase 2 Guidelines direct 
manufacturers to the Phase 1 Guidelines.
    The proposed Phase 2 Guidelines present two concurrent approaches 
for mitigating distraction associated with the use of portable and 
aftermarket devices by drivers. First, the proposed Guidelines 
recommend that portable and OE in-vehicle systems be designed so that 
they can be easily paired to each other and operated through the OE in-
vehicle interface. Assuming that the OE in-vehicle interface conforms 
to the Phase 1 Guidelines, pairing would ensure that the tasks 
performed by the driver while driving meet the time-based, eye-glance 
task acceptance criteria specified in the Phase 1 Guidelines. Pairing 
would also ensure that certain activities that would inherently 
interfere with the driver's ability to safely control the vehicle would 
be locked out while driving (i.e., the ``per se lock outs'' referred to 
in the Phase 1 Guidelines). Those per se lock outs include:

[[Page 87659]]

     Displaying video not related to driving;
     Displaying certain graphical or photographic images;
     Displaying automatically scrolling text;
     Manual text entry for the purpose of text-based messaging, 
other communication, or internet browsing; and
     Displaying text for reading from books, periodical 
publications, Web page content, social media content, text-based 
advertising and marketing, or text-based messages.
    NHTSA encourages all entities involved with the engineering and 
design of pairing technologies to jointly develop compatible and 
efficient processes that focus on improving the usability and ease of 
connecting a driver's portable device with their in-vehicle system.
    The second approach recommended by the proposed Phase 2 Guidelines 
is that portable devices that do not already meet the NHTSA glance and 
per se lock out criteria when being used by a driver should include a 
Driver Mode that is developed by industry stakeholders (i.e., Operating 
System or handset makers).
    The Driver Mode should present an interface to the driver that 
conforms with the Phase 1 Guidelines and, in particular, locks out 
tasks that do not meet Phase 1 task acceptance criteria or are among 
the per se lock outs listed above. The purpose of Driver Mode is to 
provide a simplified interface when the device is being used unpaired 
while driving, either because pairing is unavailable or the driver 
decides not to pair. The Guidelines recommend two methods of activating 
Driver Mode depending on available technology. The first option, and 
the one encouraged by the agency, is to automatically activate the 
portable device's Driver Mode when: (1) The device is not paired with 
the in-vehicle system, and (2) the device, by itself, or in conjunction 
with the vehicle in which it is being used, distinguishes that it is 
being used by a driver who is driving. The driver mode does not 
activate when the device is being used by a non-driver, e.g., 
passenger.\11\
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    \11\ For purposes of this notice, ``passenger'' is a subset of 
``non-driver.'' Non-drivers include not only personal vehicle 
passengers, but also people riding mass transit, bicycling, and the 
like. When referring to the specific type of vehicles this guidance 
is aimed at--light vehicles--the notice will often refer to those 
occupants as drivers and passengers and the technology that 
distinguishes between drivers and passengers in light vehicles as 
driver-passenger distinction technology.
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    NHTSA has learned that technologies to detect whether a driver or 
passenger is using a device have been developed but are currently being 
refined such that they can reliably detect whether the device user is 
the driver or a passenger and are not overly annoying and 
impractical.\12\ Accordingly, the agency is proposing a second means of 
activation--manual activation of Driver Mode--meaning that Driver Mode 
is activated manually by the user. The agency foresees this being a 
temporary option in the Phase 2 Guidelines until driver-passenger 
distinction technology is more mature, refined, and widely available. 
The agency is optimistic such technology can be implemented as soon as 
practicable.
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    \12\ For further discussion of driver-passenger distinction 
technologies, see infra Section I.3.
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    Additionally, the Phase 2 Guidelines include recommendations for 
aftermarket devices--those devices that are intended to be permanently 
installed in the vehicle, which were not addressed in Phase 1. The 
proposed Phase 2 Guidelines suggest that aftermarket devices meet the 
same task acceptance criteria and other relevant recommendations as 
specified for OE interfaces in Phase 1.
    Due to the close relationship between the Phase 1 and Phase 2 
Guidelines, the agency is considering combining the two phases into a 
single document when the Phase 2 Guidelines are finalized. The agency 
requests comment on whether a single combined document would be easier 
for industry to use and the public at large to reference, or whether 
separate documents would be simpler.
    Because these proposed Guidelines are voluntary and nonbinding, 
they will not require action of any kind, and for that reason they will 
not confer benefits or impose costs. Nonetheless, and as part of its 
continuing research efforts, NHTSA welcomes comments on the potential 
benefits and costs that would result from voluntary compliance with the 
Guidelines.

E. Major Differences Between the Proposed Phase 2 and Phase 1 NHTSA 
Guidelines

    The Phase 1 Guidelines recommend that interfaces and tasks 
determined to be more distracting than a specified level should not be 
accessible to the user while the user is driving. Similarly, 
conformance with the proposed Phase 2 Guidelines would result in 
drivers interacting with their paired portable devices through Phase 1-
conforming OE, built-in interfaces. In many cases, it is up to the 
driver to pair his or her device with the vehicle's interface or, as in 
the case with many older vehicles, the vehicle does not have the 
capability to pair with a portable device, so the Phase 2 Guidelines 
also recommend that the portable device be put in Driver Mode for use 
while driving instead of the portable device's default interface.
    There are several distinctions between portable devices and in-
vehicles systems that result in different considerations between the 
Phase 1 and Phase 2 Guidelines. The first distinction is that many 
portable devices are designed with the intent of being used in a 
variety of contexts that may or may not include driving, whereas OE in-
vehicle interfaces are designed specifically for use while driving 
(unless specific functions are inaccessible when the vehicle is in 
motion). As a result, it is important that the Phase 2 Guidelines 
account for the need to reliably identify when a portable device is in 
fact being used by the driver of a moving vehicle.
    A second distinction between portable devices and in-vehicle 
systems is that the portable devices may be used by other vehicle 
occupants in locations where the driver cannot see or access the 
device, e.g., by a passenger in the back seat. In contrast, all of the 
interaction with the OE in-vehicle interface occurs in the vehicle, and 
the location of the interface (and whether the driver can access it) is 
known to the vehicle manufacturer when the interface is designed and 
installed.\13\ These differences between the portable device and OE in-
vehicle interface can be overcome with technological solutions, as 
described in greater detail below, potentially allowing for a Driver 
Mode that activates when the portable device is used by a driver while 
driving. This would allow for the device to be used in its full 
capacity in non-driving situations. Therefore, NHTSA encourages the 
development and implementation of technologies that can distinguish 
between drivers and passengers.
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    \13\ The Phase 1 Guidelines explicitly exclude OE in-vehicle 
devices that cannot reasonably be reached or seen by the driver.
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    A third distinction between portable devices and in-vehicle systems 
is that, if not paired with the in-vehicle system, portable devices can 
be placed and/or mounted in a variety of different locations in the 
vehicle. There is also variability in the placement of an aftermarket 
device--although to a lesser extent than for portable devices, since 
aftermarket devices are confined to the available locations on the 
vehicle, such as inside the center stack or on top of the dashboard. 
NHTSA has elected not to include recommendations concerning whether or 
where a portable device should be mounted in this proposed set

[[Page 87660]]

of guidelines, but we seek comment on whether we should include them at 
a later date and whether there are already other entities/programs that 
provide advice on where to mount devices safely.
    A fourth distinction is that the user-interface experience with 
portable devices can be different from built-in and installed 
aftermarket systems due to a wide range of device characteristics 
(e.g., smaller screens on portable devices). In addition, users often 
use their thumbs to interact with touchscreens on hand-held portable 
devices, whereas the index finger is more commonly used with built-in 
and installed aftermarket systems. While these differences in device 
characteristics may affect a driver's interaction with the device, 
NHTSA believes it is unnecessary to address design issues at the 
characteristic level for the Phase 2 Guidelines, because, regardless of 
their specific features, portable devices will be used while within 
reach of the driver and viewed at a downward viewing angle. Rather, 
NHTSA maintains its focus on the Phase 1 test procedures and acceptance 
criteria in Phase 2 for paired and unpaired portable devices, as well 
as installed aftermarket devices.
    The variability of potential locations for portable and aftermarket 
devices has implications for testing procedures to determine 
conformance with our recommendations concerning Driver Mode. 
Specifically, the proposed Phase 2 Guidelines' test procedure for when 
the device is in Driver Mode includes recommendations about the 
placement of the portable electronic devices during testing. In order 
to address the issues mentioned above regarding the variability of the 
portable device's location and driver's access to its screen, the 
proposed test procedure recommends that unpaired portable devices be 
tested in a mounted location that is easy for the driver to reach and 
is based on driver viewing angle specified in Phase 1. NHTSA has 
included a general recommended testing location for unpaired portable 
devices but seeks comment on whether a location could be specified that 
would not result in infinite possibilities or be too particular to any 
one device or vehicle.
    For aftermarket devices that are intended to be permanently 
installed in the vehicle, the proposed test procedure recommends that 
they be tested in the installation location prescribed by the device 
manufacturer.

F. Phase 2 Outreach Efforts

    NHTSA is committed to reducing deaths and injuries resulting from 
motor vehicle crashes from distraction by encouraging the development 
of devices that can be safer if used while driving. As part of the 
ongoing process of harmonizing with industry standards and practices, 
NHTSA hosted a public meeting on March 12, 2014, to bring together 
vehicle manufacturers and suppliers, portable and aftermarket device 
manufacturers, portable and aftermarket device operating system 
providers, cellular service providers, industry associations, 
application developers, researchers, and consumer groups to discuss 
technical issues regarding the agency's development of the Phase 2 
Driver Distraction Guidelines for portable and aftermarket devices. 
NHTSA held the public meeting to ensure the stakeholders' interests 
were communicated and considered in the development of the Phase 2 
Guidelines. NHTSA has met with portable and aftermarket device 
manufacturers through the Consumer Technology Association (CTA) \14\ 
working group as well as individual meetings as part of an ongoing 
effort to enhance the cooperation and coordination of the Distraction 
Guidelines. Likewise, NHTSA participated in U.S. Senator John (Jay) D. 
Rockefeller's ``Over-Connected and Behind the Wheel: A Summit on 
Technological Solutions to Distracted Driving'' on February 6, 2014. 
Sen. Rockefeller, chair of the Senate Committee on Commerce, Science, 
and Transportation, hosted the summit to address potential 
technological solutions for minimizing driver distraction. NHTSA has 
also met with majority and minority staff members from several House 
and Senate Committees, including the House Energy and Commerce 
Committee, the House Transportation and Infrastructure Committee, the 
House Appropriations Committee, the Senate Commerce Committee, and the 
Senate Appropriations Committee, in July 2014 to provide background on 
the Phase 2 Guidelines and answer questions.
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    \14\ Following NHTSA's Phase 2 Guidelines public meeting but 
before the issuance of this notice, the Consumer Electronics 
Association changed its name to the Consumer Technology Association. 
This notice will refer to that entity as the Consumer Technology 
Association or CTA unless the name is used in a publication title or 
citation.
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II. Background

A. Overview

    Driver distraction is a safety problem in the United States. The 
latest crash and fatality data implicate driver distraction in 10 
percent of fatal crashes, 18 percent of injury crashes, and 16 percent 
of all motor vehicle traffic crashes in 2014.\15\ The 2014 data show 
that cell phones were directly linked to 385 fatal crashes (resulting 
in 404 fatalities), which is 13 percent of all distraction affected 
crashes and 1.3 percent of all fatal crashes.\16\ The following 
sections outline the definition of driver distraction, the prevalence 
of portable device use in motor vehicles, and the crash and crash risk 
data associated with distraction from all devices in general and 
portable device use specifically. This section also outlines the 
various efforts from the US DOT, industry, and safety advocates to 
combat the distraction problem. These efforts include improving our 
understanding of the distraction problem, the implementation of 
legislation and enforcement approaches, driver education and public 
awareness campaigns, and guidelines for industry to develop less 
distracting devices and driver-vehicle interfaces.
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    \15\ Traffic Safety Facts Research Note: Distracted Driving 
2014.
    \16\ Because of the way crash data is reported and collected, 
there are limitations on how distraction-affected crashes, including 
those involving cell phone use, are represented. For an explanation 
of potential reasons for underreporting, please see Traffic Safety 
Facts Research Note: Distracted Driving 2014 at 5-6.
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B. Definition and Scope of Driver Distraction

    Driver distraction is a specific type of inattention that occurs 
when drivers divert their attention away from the driving task to focus 
on another activity. These distractions can come from electronic 
devices, such as navigation systems and cell/smartphones, and from more 
conventional activities, such as viewing sights or events external to 
the vehicle, interacting with passengers, and/or eating. These 
distracting tasks can affect drivers in different ways, and can be 
broadly categorized into the following types:
     Visual distraction: Tasks that require the driver to look 
away from the roadway to visually obtain information;
     Manual distraction: Tasks that require the driver to take 
one or both hands off the steering wheel to manipulate a control, 
device, or other non-driving-related item;
     Cognitive distraction: Tasks that require the driver to 
avert their mental attention away from the driving task.
    Any given task can involve one, two, or all three of these types of 
distraction. NHTSA is aware of the effect that these types of 
distraction can have on driving

[[Page 87661]]

safety, particularly visual-manual distraction.
    The impact of distraction on driving is determined from multiple 
criteria, the type and level of distraction, and the frequency and 
duration of task performance. Even if performing a task results in a 
low level of distraction, a driver who engages in it frequently, or for 
long durations, may increase the crash risk to a level comparable to 
that of a more difficult task performed less often.

C. Prevalence of Portable Device Use While Driving

    NHTSA is concerned about the role of portable electronic devices in 
distracted driving crashes. NHTSA has been monitoring drivers' use of 
portable devices through its National Occupant Protection Use Survey 
(NOPUS),\17\ which involves the direct observation of driver electronic 
device use at probabilistically-sampled intersections. The most recent 
available NOPUS data from 2015 showed that 2.2 percent of drivers were 
observed manipulating hand-held devices, 3.8 percent of drivers were 
observed holding cell phones to their ears while driving, and 0.6 
percent of drivers were observed speaking into visible headsets while 
driving. Notably, the percentage of drivers visibly manipulating hand-
held devices has nearly quadrupled from 0.6 percent in 2009 to 2.2 
percent in 2015, whereas the percentage of drivers holding cell phones 
decreased from 5 percent in 2009 to 3.8 percent in 2015. The percentage 
of drivers speaking into visible headsets has fluctuated from 0.6 
percent in 2009, to as high as 0.9 percent in 2010, and as low as 0.4 
percent in 2014.
---------------------------------------------------------------------------

    \17\ NHTSA. (2016). Traffic Safety Facts Research Note: Driver 
Electronic Device Use in 2015(DOT HS 812 326). Available at https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812326 (last 
accessed on 10/4/16).
---------------------------------------------------------------------------

    Surveys of drivers indicate even higher rates of portable device 
use while driving. According to a 2012 survey published by NHTSA,\18\ 
14 percent of drivers reported reading text messages and email while 
driving at least some of the time, and 10 percent of drivers reported 
sending text or email messages while driving at least some of the time. 
In addition, almost half of drivers reported answering their cell phone 
when driving at least some of the time, and more than half of drivers 
who reported answering their phones while driving said they will 
continue to drive while talking on the phone. The survey further 
indicated that almost a quarter of drivers reported that they are at 
least sometimes willing to make a cell phone call while driving. As 
will be seen, these visual-manual distraction activities are associated 
with increased crash and near-crash risk.
---------------------------------------------------------------------------

    \18\ Schroeder, P., Meyers, M., & Kostyniuk, L. (2013). National 
Survey on Distracted Driving Attitudes and Behaviors--2012 (DOT HS 
811 729). Washington, DC: National Highway Traffic Safety 
Administration.
---------------------------------------------------------------------------

    NHTSA's 2013 Cell Phone Naturalistic Driving Study \19\ found that 
28 percent of the calls and 10 percent of the text messages in the 
participant cell phone records overlapped with periods of driving. In 
terms of visual-manual task duration while interacting with the cell 
phone, dialing on a hand-held cell phone lasted 12.4 seconds (s), on 
average, while pushing a button to begin a hands-free cell phone call 
(either with an aftermarket ``portable'' hands-free device or with a OE 
built-in, hands-free connection) took significantly less time (averages 
were 2.9 s and 4.6 s, respectively). Texting interactions lasted 36.4 
s, on average (Min = 0.3 s, Max = 450.1 s), while driving at speeds 
above 8 km/h (approximately 5 mph). The study also assessed call 
duration as a function of hand-held, portable hands-free (e.g., 
aftermarket headset), and integrated hands-free (e.g., wireless 
connection to vehicle system). When driving at speeds above 8 km/h 
(approximately 5 mph), drivers talked longer on portable hands-free 
cell phones (4.96 min on average) than on integrated hands-free cell 
phones (3.78 minutes on average) or hand-held cell phones (3.00 min on 
average). However, the study found no differences in the number of text 
messages made per minute as a function of hand-held, portable hands-
free, and integrated hands-free cell phones.
---------------------------------------------------------------------------

    \19\ Fitch, G., et al. (2013). The Impact of Hand-Held and 
Hands-Free Cell Phone Use on Driving Performance and Safety-Critical 
Event Risk (DOT HS 811 757). Washington, DC: National Highway 
Traffic Safety Administration.
---------------------------------------------------------------------------

    In a more recent survey by the AAA Foundation for Traffic 
Safety,\20\ which focused on driving habits during the 30 days prior to 
the survey, 34.7 percent of drivers reported reading a text or email 
messages while driving, and 25.8 percent of drivers reported typing or 
sending text or email messages while driving. Additionally, 67.1 
percent of drivers reported talking on a cell phone (of any kind, 
including while using a wireless connection and speaker phone) while 
driving during this period. These data show that many drivers continue 
to engage in visual- manual distraction activities with their portable 
devices while driving. This is concerning because research by NHTSA and 
others suggests that visual-manual manipulation of devices while 
driving dramatically increases crash risk.
---------------------------------------------------------------------------

    \20\ Hamilton, B., Arnold, L., & Tefft, B. (2013). Distracted 
Driving and Perceptions of Hands-Free Technologies, AAA Foundation 
for Traffic Safety, Available at https://www.aaafoundation.org/sites/default/files/2013%20TSCI%20Cognitive%20Distraction.pdf (last 
accessed on 10/4/16).
---------------------------------------------------------------------------

    The portable device market generally consists of portable devices 
including smartphones, tablets, navigation devices, and portable music 
players (e.g., mp3 players). The aftermarket device market generally 
consists of products that are installed in a vehicle after its initial 
purchase, such as car stereos and navigation systems. Access to content 
(such as music and podcasts) has greatly increased over recent years, 
as have the capabilities of these devices and the public's desire to 
stay connected through them while driving. Accordingly, the scope of 
stakeholders has grown to include automotive OE manufacturers, handset 
(e.g., smartphone) manufacturers, application (app) developers, 
wireless carriers, and software operating system providers. Through 
various meetings with these wide-ranging stakeholders, NHTSA recognizes 
the complexity of this stakeholder ``ecosystem'' and that distraction 
guidelines are currently not available for designing portable device 
user interfaces for safe use while driving. As a result, the 
Distraction Guidelines will provide a uniform safety framework for 
these stakeholders when integrating or developing their products for 
driving use.

D. Driver Distraction Safety Problem

    The significant safety impact of distracted driving is evident from 
NHTSA's crash data, which comes from the Fatality Analysis Reporting 
System (FARS) \21\ and the National Automotive Sampling System (NASS) 
General Estimates System (GES).\22\ In 2014,\23\ 10 percent of all 
fatal crashes involved one or more distracted drivers,\24\ and these 
distraction-affected crashes \25\ resulted

[[Page 87662]]

in 3,197 fatalities.\26\ This number increased 8.8 percent to 3,477 
fatalities in 2015.\27\ Of the 6 million non-fatal, police-reported 
crashes in 2014, 16 percent (967,000) were distraction-affected crashes 
and resulted in 431,000 people injured. Tables 1 and 2 quantify the 
effects of distraction on fatal crashes from 2010 to 2014 \28\ and non-
fatal crashes from 2007 through 2014.\29\ These data show that 
distraction-affected fatalities and crashes continue to be a concern, 
and that NHTSA's ongoing efforts to address driver distraction from 
multiple approaches, including through its Guidelines, are warranted.
---------------------------------------------------------------------------

    \21\ FARS is a census of all fatal crashes that occur on the 
roadways of the United States of America. It contains data on all 
fatal crashes occurring in all 50 states as well as the District of 
Columbia and Puerto Rico.
    \22\ NASS GES contains data from a nationally-representative 
sample of police-reported crashes. It contains data on police-
reported crashes of all levels of severity, including those that 
result in fatalities, injuries, or only property damage. National 
numbers of crashes calculated from NASS GES are estimates.
    \23\ Traffic Safety Facts Research Note: Distracted Driving 
2014.
    \24\ 3,000 distracted drivers were involved in these fatal 
crashes.
    \25\ A distraction-affected crash is any crash in which a driver 
was identified as distracted at the time of the crash.
    \26\ 10 percent of all crash fatalities (32,675 fatalities 
overall in 2014).
    \27\ NHTSA. (2016). Traffic Safety Facts Research Note: 2015 
Motor Vehicle Crashes: Overview (DOT HS 812 318). Available at 
https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812318 
(last accessed on 10/4/16).
    \28\ Because of changes made in 2010 to the coding of distracted 
driving in FARS, distraction-affected crash data from FARS for 2010 
through 2014 cannot be compared to distracted-driving-related data 
from FARS from previous years.
    \29\ The coding of distracted driving in FARS and NASS GES was 
unified beginning in 2010. Although this resulted in a coding change 
for FARS, NASS GES coding did not change. Accordingly, NASS GES data 
from 2007 through 2014 can be compared.

                                              Table 1--Fatal Crashes Involving Distraction, 2010-2014 \23\
                                                                         [FARS]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Fatal crashes                    Fatalities                  Drivers involved in
                                                         ----------------------------------------------------------------  distraction-affected crashes?
                                                                                                          In distraction--------------------------------
                          Year                                             Distraction-                       affected
                                                              Overall     affected (% of      Overall      crashes (% of                    Distracted
                                                                          total crashes)                       total          Overall      drivers (% of
                                                                                                            fatalities)                   total drivers)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2010....................................................          30,296     2,993 (10%)          32,885      3,092 (9%)          44,440      2,912 (7%)
2011....................................................          29,867     3,047 (10%)          32,367     3,331 (10%)          43,668      3,085 (7%)
2012....................................................          31,006     3,098 (10%)          33,782     3,328 (10%)          45,337      3,119 (7%)
2013....................................................          30,203     2,910 (10%)          32,894     3,154 (10%)          44,574      2,959 (7%)
2014....................................................          29,989     2,955 (10%)          32,675     3,179 (10%)          44,583      3,000 (7%)
--------------------------------------------------------------------------------------------------------------------------------------------------------


                Table 2--Non-Fatal Police Reported Crashes Involving Distraction, 2007-2014 \23\
                                                      [GES]
----------------------------------------------------------------------------------------------------------------
                                         Non-fatal crashes                        People injured
                                 -------------------------------------------------------------------------------
                                                                                                  Cell phone use
                                                                                  In distraction-   (% of people
              Year                                 Distraction-                      affected       injured in
                                      Overall     affected (% of      Overall      crashes (% of   distraction-
                                                  total crashes)                  total injured)     affected
                                                                                                     crashes)
----------------------------------------------------------------------------------------------------------------
2007............................       5,986,000   998,000 (17%)       2,491,000   448,000 (18%)     Unavailable
2008............................       5,776,000   964,000 (17%)       2,346,000   466,000 (20%)     Unavailable
2009............................       5,474,000   954,000 (17%)       2,217,000   448,000 (20%)     Unavailable
2010............................       5,389,000   897,000 (17%)       2,239,000   416,000 (19%)     24,000 (6%)
2011............................       5,308,000   823,000 (15%)       2,217,000   387,000 (17%)     21,000 (5%)
2012............................       5,584,000   905,000 (16%)       2,362,000   421,000 (18%)     28,000 (7%)
2013............................       5,657,000   901,000 (16%)       2,313,000   424,000 (18%)     34,000 (8%)
2014............................       6,035,000   964,000 (16%)       2,338,000   431,000 (18%)     33,000 (8%)
----------------------------------------------------------------------------------------------------------------

E. Driver Distraction and Portable Devices

1. Crash Data
    The crash data indicate that the use of portable and aftermarket 
devices, particularly cell phones, is often a leading distraction for 
drivers involved in crashes (note that smartphones reached significant 
market presence beginning in 2007). In 2014, there were 385 fatal 
crashes that involved the use of a cell phone, though it is possible 
that this is an underestimate due to the difficult nature in relating 
cell phone use to crashes at the crash scene. These cell phone fatal 
crashes represented 13 percent of the total distraction-affected fatal 
crashes. The data also indicate that there were 75 distraction-affected 
fatal crashes in 2014 that involved the driver using or reaching for a 
device or object brought into the vehicle. This catch-all category of 
fatal distraction crashes includes crashes that involved the use of 
portable devices such as navigation devices in addition to other types 
of objects (e.g., pocket cigarette lighters).
    Of the 967,000 distraction-affected crashes in 2014, 8 percent 
(69,000 crashes) involved the use of cell phones, resulting in 33,000 
people injured. The tables below quantify the effects of cell phone or 
other device use on fatal crashes from 2010 through 2014 and non-fatal 
crashes that involved the use of cell phones or other devices from 2007 
through 2014.\30\ As with Tables 1 and 2, these data show that cell 
phone-affected fatalities and crashes continue to pose a risk to motor 
vehicle safety.
---------------------------------------------------------------------------

    \30\ Identification of specific distractions has presented 
challenges, both within NHTSA's data collection and on police 
accident reports. Therefore, a large portion of the crashes that are 
reported to involve distraction do not have a specific behavior or 
activity listed; rather they specify ``distraction/inattention, 
details unknown.'' Some portion of these crashes could have involved 
a portable or aftermarket device.

[[Page 87663]]



                Table 3--Fatal Crashes Involving the Use of Cell Phones 31 32 33 34 35 2010-2014
                                                     [FARS]
----------------------------------------------------------------------------------------------------------------
                                  Distraction-affected fatal crashes involving the use of a cell
                                                               phone                               Fatal crashes
                                 ----------------------------------------------------------------  involving use
                                                                                       % of        of a device/
              Year                                     % of                        Fatalities in  object brought
                                      Crashes      distraction-     Fatalities     distraction-    into vehicle
                                                     affected                        affected      other than a
                                                      crashes                         crashes       cell phone
----------------------------------------------------------------------------------------------------------------
2010............................             366              12             408              13              70
2011............................             354              12             385              12              53
2012............................             378              12             415              12              66
2013............................             411              14             455              14              70
2014............................             385              13             404              13              75
----------------------------------------------------------------------------------------------------------------
* The attributes ``Use of a Cell Phone'' and ``Use of or Reaching for Device/Object Brought into Vehicle'' are
  not mutually exclusive and crashes may involve one or both of these attributes.

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

    \31\ NHTSA. (2012). Traffic Safety Facts Research Note: 
Distracted Driving 2010 (DOT HS 811 650). Available at https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/811650 (last 
accessed on 10/4/16).
    \32\ NHTSA. (2013). Traffic Safety Facts Research Note: 
Distracted Driving 2011 (DOT HS 811 737). Available at https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/811737 (last 
accessed on 10/4/16).
    \33\ NHTSA. (2014). Traffic Safety Facts Research Note: 
Distracted Driving 2012 (DOT HS 812 012). Available at https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812012 (last 
accessed on 10/4/16).
    \34\ NHTSA. (2015). Traffic Safety Facts Research Note: 
Distracted Driving 2013 (DOT HS 812 132). Available at https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812132 (last 
accessed on 10/4/16).
    \35\ Traffic Safety Facts Research Note: Distracted Driving 
2014.

                Table 4--Non-Fatal Police Reported Crashes Involving Distraction 31 34 2007-2014
                                                      [GES]
----------------------------------------------------------------------------------------------------------------
                                                      Distraction-affected non-fatal crashes
                                                         involving the use of a cell phone          % of People
                                                 ------------------------------------------------   injured in
                      Year                                             % of                        distraction-
                                                                   Distraction-                      affected
                                                      Crashes        affected     People injured      crashes
                                                                      crashes
----------------------------------------------------------------------------------------------------------------
2007............................................          49,000               5          24,000               5
2008............................................          49,000               5          29,000               6
2009............................................          46,000               5          24,000               5
2010............................................          47,000               5          24,000               6
2011............................................          50,000               6          21,000               5
2012............................................          60,000               7          28,000               7
2013............................................          71,000               8          34,000               8
2014............................................     \36\ 69,000               7          33,000               8
----------------------------------------------------------------------------------------------------------------

2. Crash Risk Associated With Portable Device Use
---------------------------------------------------------------------------

    \36\ Possible reasons for the uptick between 2010 and 2014 
include the increasing volume of smartphones in the market and 
better distraction-related crash reporting.
---------------------------------------------------------------------------

    The majority of crash risk data related to portable devices has 
focused on cell phones. However, it is important to note that cell 
phones have evolved from a portable hand-held phone designed 
specifically for voice calls to a device that can be used for various 
forms of communication, entertainment, and access to content. Examples 
include applications developed for messaging, photo-sharing, gaming, 
social networking, navigation, and other location-based services. While 
these features are not intended to be used while driving, they remain 
just as accessible to the driver in driving situations as any other 
feature on a smartphone. Whether on smartphones, tablet computers, or 
other portable electronic devices, access to more content can lead to 
more visual-manual distraction, which the studies summarized below 
consistently show is associated with higher levels of crash and near-
crash risk, and decreased driving performance.
    The agency's distraction focus has been on research and test 
procedures that measure aspects of driver performance having the 
strongest connection to crash risk. As described below, interactions 
with a distraction task that require visual attention (i.e., eyes-off-
road time) and manual operations (e.g., button presses) consistently 
show association with increased crash and near-crash risk in 
naturalistic driving studies and decreased driving performance in 
simulator and test-track studies. The research summarized below 
provides a brief overview of the distraction safety problem as 
manifested in crashes and the relationship between visual-manual 
distraction and crash risk. There are also many simulator and test-
track studies that show the negative effects of distracted driving have 
on driving performance that are not included in the summary below.\37\
---------------------------------------------------------------------------

    \37\ A sample of simulator and test-track study reports can be 
found at www.distraction.gov.
---------------------------------------------------------------------------

    A key component of the NHTSA distraction plan is to understand the 
crash risk of drivers using a cell phone while driving. Early 
epidemiological research reported that using a cell phone, hand-held or 
hands-free, was associated with a quadrupling of the risk of injury and 
property damage

[[Page 87664]]

crashes.38 39 Subsequent naturalistic driving studies that 
investigated the risk of drivers performing specific cell phone 
subtasks all found that increased crash risk and safety critical event 
risk (SCE) were associated with visual-manual operations such as text 
messaging and dialing. An SCE was defined as a crash (where contact was 
made with another object), a near-crash (where a crash was avoided by a 
rapid evasive maneuver), or a crash-relevant conflict (where a crash 
avoidance response was performed that was less severe than a rapid 
evasive maneuver, but greater in severity than a ``normal maneuver''). 
However, in the naturalistic studies, non-visual-manual operations, 
such as conversing on a cell phone, were not found to be associated 
with an increase in crash risk.40 41 42 These results were 
observed for both commercial motor vehicle and light-vehicle drivers, 
as well as across broad classifications of low, moderate, and high 
driving task demands.\43\ In contrast, research conducted in simulators 
and on test tracks has found driving performance decrements when 
driving while talking on a cell phone.44 45 46 47 These 
experiments, however, cannot directly connect their results to SCE 
risk.
---------------------------------------------------------------------------

    \38\ McEvoy, S.P., Stevenson, M.R., McCartt, A.T., Woodward, M., 
Haworth, C., Palamara, P., et al. (2005). Role of portable phones in 
motor vehicle crashes resulting in hospital attendance: A case-
crossover study. British Journal of Medicine, 331, 428-434.
    \39\ Redelmeier, D.A., & Tibshirani, R.J. (1997). Association 
between cellular-telephone calls and motor vehicle collisions. The 
New England Journal of Medicine, 336, 453-458.
    \40\ Hickman, J.S., Hanowski, R.J., & Bocanegra, J. (2010). 
Distraction in Commercial Trucks and Buses: Assessing Prevalence and 
Risk in Conjunction with Crashes and Near-Crashes (FMCSA-RRR-10-
049). Washington, DC: Federal Motor Carrier Safety Administration.
    \41\ Klauer, S.G., et al. (2006). The Impact of Driver 
Inattention on Near-Crash/Crash Risk: An Analysis Using the 100-Car 
Naturalistic Driving Study Data (DOT HS 810 594). Washington, DC: 
National Highway Traffic Safety Administration.
    \42\ Olson, R.L., Hanowski, R.J., Hickman, J.S., & Bocanegra, J. 
(2009). Driver Distraction in Commercial Vehicle Operations: Final 
Report. Contract DTMC75-07-D-00006, Task Order 3. Washington, DC: 
Federal Motor Carrier Safety Administration.
    \43\ Fitch, G.M. & Hanowski, R. J. (2011). The risk of a safety-
critical event associated with portable device use as a function of 
driving task demands. Proceedings of the 2nd International 
Conference on Driver Distraction and Inattention.
    \44\ Atchley, P. & Dressel, J. (2004). Conversation limits the 
functional field of view. Human Factors: The Journal of the Human 
Factors and Ergonomics Society 46(4), 664-673.
    \45\ Drews, F.A., Pasupathi, M., & Strayer, D.L. (2004). 
Passenger and cell-phone conversations in simulated driving. 
Proceedings of the Human Factors and Ergonomics Society 48th Annual 
Meeting 48, 2210-2212.
    \46\ Horrey, W.J., Lesch, M.F., & Garabet, A. (2008). Assessing 
the awareness of performance decrements in distracted drivers. 
Accident Analysis & Prevention, 40(2), 675-682. doi: 10.1016/
j.app.2007.09.004.
    \47\ Strayer, D.L., Drews, F.A., & Johnston, W.A. (2003). Cell 
phone-induced failures of visual attention during simulated driving. 
Journal of Experimental Psychology: Applied, 9(1), 23-32.
---------------------------------------------------------------------------

    In April 2013, NHTSA published a study \48\ on the impact of hand-
held and hands-free cellular phone use on crash risk and driving 
performance. The study investigated the effects of distraction from the 
use of three types of cell phones while driving: (1) Hand-held (HH), 
(2) portable hands-free (PHF), and (3) integrated hands-free (IHF). 
Seventy-five percent of the phones used in the study could be 
classified as smartphones. Naturalistic driving data was collected from 
204 drivers who each voluntarily took part in the study for an average 
of 31 days from February 2011 to November 2011. All participants 
reported talking on a cell phone while driving at least once per day 
prior to entering the study. With the participants' knowledge, data 
acquisition systems were installed in their personal vehicles and 
continuously recorded video of the driver's face, the roadway, and 
various kinematic data such as the vehicle speed, acceleration, headway 
information to lead vehicles, steering, and location. This was the 
first naturalistic driving study to date in which participants provided 
their cell phone records for analysis. The cell phone records allowed 
the determination of when drivers used their cell phone, while the 
video data allowed the determination of the type of cell phone used, 
how long it was used for, and what subtasks were executed. The result 
was a rich data set of driver behavior and performance when using a 
cell phone.
---------------------------------------------------------------------------

    \48\ Fitch, G., et al. (2013). The Impact of Hand-Held and 
Hands-Free Cell Phone Use on Driving Performance and Safety-Critical 
Event Risk (DOT HS 811 757). Washington, DC: National Highway 
Traffic Safety Administration.
---------------------------------------------------------------------------

    SCE risk was investigated using two approaches: (1) A risk rate 
approach, which assessed the SCE risk relative to general driving 
(where non-cell-phone secondary tasks could occur), and (2) a case-
control approach, which assessed the SCE risk relative to ``just 
driving'' (where non-driving-related secondary tasks did not occur). 
The risk rate results are shown below (see the full report for the 
case-control results along with driver performance results). The odds 
ratio indicates the relative risk of an SCE during the listed activity. 
An odds ratio value of 1.0 is considered equivalent to driving while 
not distracted. Odds ratio values above 1.0 indicate elevated risk and 
values below 1.0 indicate decreased risk, though the difference must be 
statistically significant (i.e., reliably different) for conclusions to 
be drawn about the associated risk of that activity.

             Table 5--SCE Risk Associated With Cell Phone Use as Computed Through Risk Rate Approach
----------------------------------------------------------------------------------------------------------------
                                                                       Lower           Upper
                     Subtask                        Odds ratio      confidence      confidence        p-value
                                                                    limit (LCL)     limit (UCL)
----------------------------------------------------------------------------------------------------------------
Cell Phone Use--Collapsed across types..........            1.32            0.96            1.81           .0917
Visual-Manual...................................          * 2.93            1.90            4.51          <.0001
    Call-related Visual-Manual..................          * 3.34            1.76            6.35           .0003
    Text-related Visual-Manual..................          * 2.12            1.14            3.96           .0184
Talking/Listening...............................            0.84            0.55            1.29           .4217
    Talking/Listening Hand-held.................            0.84            0.47            1.53           .5764
    Talking/Listening Portable Hands-free.......            1.19            0.55            2.57           .6581
    Talking/Listening Integrated Hands-free.....            0.61            0.27            1.41           .2447
HH Cell Phone Use (Collapsed)...................          * 1.73            1.20            2.49           .0034
PHF Cell Phone Use (Collapsed)..................            1.06            0.49            2.30           .8780
IHF Cell Phone Use (Collapsed)..................            0.57            0.25            1.31           .1859
----------------------------------------------------------------------------------------------------------------
* Indicates a difference at the .05 level of significance.


[[Page 87665]]

    The risk rate approach generates a powerful estimate of risk by 
using all accounts of when cell phones were used while driving. 
However, it cannot assess the SCE risk relative to ``just driving'' 
(defined as driving void of all non-driving-related secondary tasks) 
without the availability of estimates of the propensity for each 
potential secondary task that is performed while driving. The case-
control approach was thus used to address this limitation. A total of 
2,308 baseline periods were randomly sampled based on each driver's 
driving time in the study. This number was selected to be at least four 
times the 342 SCEs that were identified. The odds of an SCE occurring 
during specific cell phone subtasks were then compared to the odds of 
an SCE occurring when just driving. Note that ``just driving'' was only 
found in 46 percent of the baseline periods. Table 6 presents the odds 
ratios (ORs) and 95-percent confidence limits for various cell phone 
subtasks. As in the previous risk analysis, only VM subtasks performed 
on an HH cell phone were found to be associated with an increased SCE 
risk. Conversing on a cell phone (i.e., any type of cell phone) was not 
found to increase SCE risk.

                               Table 6--SCE Risk Associated With Cell Phone Use as Computed Through Case-Control Approach
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Number
                                                                                                        baseline
                     Subtask                           OR          LCL          UCL          #SCE       periods     SCE total     BL total      Total
                                                                                                          (BL)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cell Phone Use--Collapsed.......................          1.1          0.8         1.53           57          358          211        1,426        1,637
Visual-Manual Subtasks..........................       * 1.73         1.12         2.69           29          116          183        1,184        1,367
    Text messaging/Browsing.....................         1.73         0.98         3.08           16           64          170        1,132        1,302
    Locate/Answer...............................       * 3.65         1.67            8           10           19          164        1,087        1,251
    Dial........................................         0.99         0.12         8.11            1            7          155        1,075        1,230
    Push to Begin/End Use.......................         0.63         0.08         4.92            1           11          155        1,079        1,234
    End HH Phone Use............................         1.26         0.43         3.71            4           22          158        1,090        1,248
Talking on Cell Phone...........................         0.75         0.49         1.15           28          259          182        1,327        1,509
    HH Talking..................................         0.79         0.43         1.44           13          114          167        1,182        1,349
    PHF Talking.................................         0.73         0.36         1.47            9           86          163        1,154        1,317
    IHF Talking.................................         0.71          0.3         1.66            6           59          160        1,127        1,287
HH Cell Phone Use (Collapsed)...................         1.39         0.96         2.03           41          204          195        1,272        1,467
PHF Cell Phone Use (Collapsed)..................         0.79          0.4         1.55           10           88          164        1,156        1,320
IHF Cell Phone Use (Collapsed)..................         0.62         0.26         1.46            6           67          160        1,135        1,295
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Indicates a difference at the .05 level of significance.

    The overall results from the study presented a clear finding: 
Visual-manual subtasks performed on hand-held cell phones degraded 
driver performance and increased SCE risk. Although current hands-free 
cell phone interfaces allow drivers to communicate with their voices, 
there is a concern that they still require visual-manual interactions. 
In fact, drivers in this study frequently initiated hands-free calls 
and performed other visual-manual operations (e.g., texted) with a 
hand-held cell phone. A notable finding was that approximately half of 
the hands-free cell phone interactions in this study were found to 
involve visual-manual interactions with the hand-held phone. These 
findings that implicate visual-manual distraction as the primary 
distraction risk are consistent with previous naturalistic driving 
investigations of crash risk related to cell phone subtasks,\49\ 
including the 100-Car Naturalistic Driving Study.50 51 52 53
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    \49\ Hickman, J.S., Hanowski, R.J., & Bocanegra, J. (2010). 
Distraction in Commercial Trucks and Buses: Assessing Prevalence and 
Risk in Conjunction with Crashes and Near-Crashes (FMCSA-RRR-10-
049). Washington, DC: Federal Motor Carrier Safety Administration.
    \50\ Neale, V.L., et al. (2005). An Overview of the 100-Car 
Naturalistic Study and Findings, ESV Paper 05-0400.
    \51\ Dingus, T.A., et al. (2006). The 100-Car Naturalistic 
Driving Study, Phase II--Results of the 100-Car Field Experiment 
(DOT HS 810 593). Washington, DC: National Traffic Safety 
Administration.
    \52\ Klauer, S.G., et al. (2006). The Impact of Driver 
Inattention on Near-Crash/Crash Risk: An Analysis Using the 100-Car 
Naturalistic Driving Study Data (DOT HS 810 594). Washington, DC: 
National Traffic Safety Administration.
    \53\ Klauer, S.G., et al. (2010). An Analysis of Driver 
Inattention Using a Case-Crossover Approach On 100-Car Data: Final 
Report (DOT HS 811 334). Washington, DC: National Traffic Safety 
Administration.
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F. Overview of Efforts To Combat Driver Distraction

    Recognizing the distraction safety issue outlined above, NHTSA 
published the ``Overview of the National Highway Traffic Safety 
Administration's Driver Distraction Program,'' \54\ in April 2010. This 
plan consisted of four main initiatives:
---------------------------------------------------------------------------

    \54\ NHTSA. (2010). Overview of the National Highway Traffic 
Safety Administration's Driver Distraction Program, (DOT HS 811 
299). Available at http://www.nhtsa.gov/staticfiles/nti/distracted_driving/pdf/811299.pdf (last accessed on 10/4/16).
---------------------------------------------------------------------------

    1. Improve the understanding of the extent and nature of the 
distraction problem. This includes improving the quality of data NHTSA 
collects about distraction-related crashes and improving analysis 
techniques.
    2. Reduce the driver workload associated with performing tasks 
using original equipment, aftermarket, and portable in-vehicle 
electronic devices by working to limit the visual, manual, and 
cognitive demand associated with secondary tasks performed using these 
devices. Better device interfaces will minimize the time and effort 
involved in a driver performing a task using the device. Minimizing the 
workload associated with performing secondary tasks with a device will 
permit drivers to maximize the attention they focus toward the primary 
task of driving. NHTSA's Driver Distraction Guidelines fall under this 
initiative.
    3. Keep drivers safe through the introduction of crash avoidance 
technologies. These include the use of crash warning systems to re-
focus the

[[Page 87666]]

attention of distracted drivers as well as vehicle-initiated (i.e., 
automatic) braking and steering to prevent or mitigate distraction-
affected crashes. Research 55 56 57 58 on how best to warn 
distracted drivers in crash imminent situations is also supporting this 
initiative. NHTSA is also performing a large amount of research on 
automatic emergency braking technologies (e.g., crash warning systems 
or automatic braking systems) and dynamic brake support.
---------------------------------------------------------------------------

    \55\ Lerner, N., et al. (2011). Crash Warning Interface Metrics: 
Final Report (DOT HS 811 470a). Washington, DC: National Traffic 
Safety Administration.
    \56\ Robinson, E., et al. (2011). Crash Warning Interface 
Metrics: Task 3 Final Report: Empirical Studies of Effects of DVI 
Variability (DOT HS 811 470b). Washington, DC: National Traffic 
Safety Administration.
    \57\ Robinson, E., et al. (2011). Crash Warning Interface 
Metrics: Task 3 Report Appendices (DOT HS 811 470c). Washington, DC: 
National Traffic Safety Administration.
    \58\ Forkenbrock, G., et al. (2011). A Test Track Protocol for 
Assessing Forward Collision Warning Driver-Vehicle Interface 
Effectiveness (DOT HS 811 501). Washington, DC: National Traffic 
Safety Administration.
---------------------------------------------------------------------------

    4. Educate drivers about the risks and consequences of distracted 
driving. This includes targeted media messages, drafting and publishing 
sample text-messaging laws for consideration and possible use by the 
states, testing high-visibility enforcement programs, and publishing 
guidance for a ban on text messaging by Federal government employees 
while driving.
    In June 2012, the US DOT released a ``Blueprint for Ending 
Distracted Driving.'' \59\ This was an update of the ``Overview of the 
National Highway Traffic Safety Administration's Driver Distraction 
Program.'' These two documents summarize NHTSA's planned steps to 
``help in its long-term goal of eliminating a specific category of 
crashes--those attributable to driver distraction.''
---------------------------------------------------------------------------

    \59\ NHTSA. (2012). Blueprint for Ending Distracted Driving (DOT 
HS 811 629). Available at: http://www.distraction.gov/downloads/pdfs/blueprint-for-ending-distracted-driving.pdf. (last accessed on 
10/4/16).
---------------------------------------------------------------------------

    Industry and safety advocacy groups have also been working to 
eliminate driver distraction using education and public awareness 
campaigns, as well as through design guidance for built-in systems and 
other aftermarket solutions. The following sections highlight the 
efforts by NHTSA and the US DOT in legislative and enforcement 
approaches, education and public awareness approaches, and device-based 
solutions (e.g., guidelines or products), as well as similar efforts by 
industry and safety advocates

G. Efforts by States To Address Distracted Driving Involving the Use of 
Portable Devices

    Most states, with the support of NHTSA and the US DOT, have passed 
laws to limit the use of portable devices while driving. Currently, 46 
states, DC, Puerto Rico, Guam, and the U.S. Virgin Islands ban texting 
while driving for drivers of all ages. Fourteen states, DC, Puerto 
Rico, Guam, and the U.S. Virgin Islands ban drivers of all ages from 
using hand-held cell phones while driving.
    In 2012, NHTSA partnered with the State of California and the State 
of Delaware to initiate a high-visibility enforcement (increased police 
presence supported by paid and earned media) demonstration program in 
the Sacramento area of California and in the State of Delaware in 
support of laws banning the use of hand-held cell phones while driving. 
Three waves of enforcement were conducted between October 2012 and June 
2013. The featured tagline for the public face of the program was 
``Phone in one Hand, Ticket in the Other.'' During the study period, a 
small percentage of crashes were coded as distraction-related, but the 
crash data analyses did not reveal any apparent effect of the high-
visibility enforcement on the incidence of distraction-related crashes. 
Driver surveys, however, showed an increase in awareness that cell 
phone laws were being enforced. Observed hand-held driver cell phone 
use dropped by one-third from 4.1 percent to 2.7 percent in California 
(a 34% reduction); and from 4.5 percent to 3.0 percent in Delaware (a 
33% reduction). The study concluded that high-visibility enforcement 
can be implemented over wide-spread, multi-jurisdictional areas and 
reduce the number of people who use a hand-held cell phone while 
driving.\60\
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    \60\ Chaudhary, N.K., Connolly, J., Tison, J., Solomon, M., & 
Elliott, K. (2015). Evaluation of the NHTSA distracted driving high-
visibility enforcement demonstration projects in California and 
Delaware. (DOT HS 812 108). Washington, DC: National Highway Traffic 
Safety Administration.
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H. Education and Public Awareness Efforts

1. Government Programs and Efforts
    The US DOT and NHTSA have put considerable effort toward reaching 
out to the community and the various stakeholders since the emergence 
of distracted driving as a traffic safety concern. The US DOT and NHTSA 
conducted two national summits, one in 2009 and one in 2011, to bring 
attention to the issue.
    Following these distraction summits, NHTSA has held several 
meetings with stakeholders such as representatives of the automotive 
and communications industries as well as researchers and other key 
leaders to continue the public policy discussion on the distracted 
driving issue. For the public, NHTSA has created a Web site, 
www.distraction.gov, to provide timely information on distracted 
driving and current information on related research and development 
activities.
    NHTSA has had, and continues to use, public service messages to 
change the attitudes and behaviors of drivers through social norming 
and enforcement messages. Social norming messaging is designed to 
appeal to the individual to change their behavior because it is the 
socially acceptable thing to do without an underlying theme related to 
deterrence (e.g. ``One text or call could wreck it all''). The 
enforcement messages were designed to be used in conjunction with high 
visibility enforcement programs to promote compliance with distracted 
driving laws or face the possible of an enforcement encounter (e.g. ``U 
Drive U Text U Pay.'') Several messages in each category have been used 
since the inception of the distracted driving prevention effort.
    NHTSA has also made efforts to reach out into the community on the 
issue of distracted driving through social media (e.g. ``Twitter 
parties'') and blogs. There have also been a number of webinars for 
stakeholders and the public to familiarize them with recent 
developments in the effort to understand and reduce distractive driving 
behavior.
    On February 6, 2014, the Senate Committee on Commerce, Science, and 
Transportation, led by Senator Jay Rockefeller (West Virginia), held a 
summit that focused on addressing potential technological solutions for 
minimizing driver distraction. The summit consisted of three roundtable 
sessions: (1) The State of Distracted Driving, (2) The State of 
Technology, and (3) Where do we go from there? Participants in all 
three of these roundtables consisted of Federal agencies, safety 
advocacy groups, industry associations, and companies from the 
automobile, consumer electronics, technology, and communications 
industries. The summit facilitated a dialogue between the various 
organizations, encouraging all participants to continue working 
together technologically to reduce the negative impacts of driver 
distraction.

[[Page 87667]]

2. Industry Programs and Efforts
    A range of industry stakeholders have also put forth an effort to 
educate drivers on the dangers of distracted driving. While there are 
too many education and public service announcement campaigns from 
industry and information outlets to list in this notice, two recent 
efforts by the wireless industry are included as examples (see 
www.distraction.gov for a larger set of examples). As early as 1999, 
the wireless industry expended considerable effort to promote driver 
education about distracted driving. Most recently, the wireless 
industry partnered with the National Safety Council for the ``On the 
Road, Off the Phone'' campaign, which was directed at parents and 
younger drivers and focused on the dangers of texting while driving. In 
another campaign, AT&T began the ``It Can Wait'' education and 
awareness initiative recently, and garnered partnerships with several 
wireless carriers including Verizon Wireless, Sprint, and T-Mobile, as 
well as an endorsement from the CTIA--The Wireless Association.

I. Design Guideline Efforts

1. NHTSA's Phase 1 Visual-Manual Driver Distraction Guidelines
    As part of NHTSA's efforts to reduce driver workload associated 
with performing tasks using devices within the vehicle (original 
equipment, aftermarket, and portable in-vehicle electronic devices) the 
agency has been developing Driver Distraction Guidelines for these 
devices. NHTSA issued its first phase of driver distraction guidelines 
on April 26, 2013, after notice and comment.\61\ NHTSA's Phase 1 
Visual-Manual Driver Distraction Guidelines cover OE in-vehicle 
electronic devices that are operated by the driver through visual-
manual means (i.e., the driver looks at a device, manipulates a device-
related control with his or her hand, and/or watches for visual 
feedback from the device). The Phase 1 Guidelines cover any OE 
electronic device that the driver can easily see and/or reach, even if 
intended for use solely by passengers. However, the Phase 1 Guidelines 
do not cover any device that is located fully behind the front seat of 
the vehicle or any front-seat device that cannot readily be reached or 
seen by the driver.
---------------------------------------------------------------------------

    \61\ 78 FR 24817 (Apr. 26, 2013).
---------------------------------------------------------------------------

    To facilitate the development of these guidelines, NHTSA studied 
existing guidelines relating to driver distraction prevention and 
reduction and found the ``Statement of Principles, Criteria and 
Verification Procedures on Driver-Interactions with Advanced In-Vehicle 
Information and Communication Systems'' developed by the Alliance of 
Automobile Manufacturers (Alliance Guidelines) to be the most complete 
and up-to-date. The Alliance Guidelines provided valuable input in 
NHTSA's efforts to address driver distraction issues. Although NHTSA 
drew heavily on that input in developing the Phase 1 Guidelines, the 
agency identified a number of aspects that could be improved upon in 
order to further enhance driving safety, enhance guideline usability, 
improve implementation consistency, and incorporate the latest driver 
distraction research findings.
    The Phase 1 Guidelines are based upon a number of fundamental 
principles. These principles include that:
     The driver's eyes should usually be looking at the road 
ahead;
     The driver should be able to keep at least one hand on the 
steering wheel while performing a secondary task (both driving-related 
and non-driving related);
     The distraction induced by any secondary task performed 
while driving should not exceed that associated with a baseline 
reference task (manual radio tuning);
     Any task performed by a driver should be interruptible at 
any time;
     The driver, not the system/device, should control the pace 
of task interactions; and
     Displays should be easy for the driver to see and content 
presented should be easily discernible.
    The Phase 1 Guidelines list certain activities that inherently 
interfere with a driver's ability to safely control the vehicle, and 
the Guidelines recommend that in-vehicle devices be designed so that 
they cannot be used by the driver to perform these inherently 
distracting activities while driving (referred to as ``per se lock 
outs''). The basis for these lock outs includes activities that are 
discouraged by public policy and, in some instances, prohibited by 
Federal regulation and/or State law (e.g., entering or displaying text 
messages). They also include activities identified in industry driver 
distraction guidelines, which NHTSA agrees are likely to distract 
drivers significantly (e.g., displaying video or automatically 
scrolling text). Finally, the lock outs include activities that are 
extremely likely to be distracting due to their very purpose of 
attracting visual attention, but whose obvious potential for 
distraction cannot be measured using a task timing system because the 
activity could continue indefinitely (displaying video or certain 
images). The specific per se lock outs are as follows:
     Displaying video not related to driving;
     Displaying certain graphical or photographic images;
     Displaying automatically scrolling text;
     Manual text entry for the purpose of text-based messaging, 
other communication, or internet browsing; and
     Displaying text for reading from books, periodical 
publications, Web page content, social media content, text-based 
advertising and marketing, or text-based messages.
    The per se lock out recommendations are not intended to prevent the 
display of images related to driving such as simple, two-dimensional 
map displays for the purpose of navigation, which would conform to 
these Guidelines, as long as they are displayed in a safe manner. These 
recommendations are also not intended to prevent the display of 
internationally standardized symbols and icons, TrademarkTM 
and Registered[supreg] symbols (such as company logos), or images 
intended to aid a driver in making a selection in the context of a non-
driving-related task, provided that the images extinguish automatically 
upon completion of the task.
    For all other visual-manual secondary tasks, the Phase 1 Guidelines 
specify two alternative test methods for measuring the impact of 
performing a task on driving safety, as well as time-based acceptance 
criteria for assessing whether a task interferes too much with driver 
attention. It should be noted that secondary task is a broad term that 
captures any interaction the driver has with an in-vehicle device that 
is not directly related to the safe operation and control of a vehicle, 
and thus captures all non-driving-related tasks as well as driving-
related tasks that aid the driving task but not the safe operation or 
control of the vehicle. If a visual-manual secondary task does not meet 
the acceptance criteria, the Phase 1 Guidelines recommend that OE in-
vehicle devices be designed so that the task cannot be performed by the 
driver while driving. Both of these test methods focus on the amount of 
visual attention necessary to complete a task. Eye-glance-based 
criteria were selected because the research on visual-manual 
distraction establishes a link between visual attention (eyes off the 
road) and crash risk.
    The first recommended test method measures the amount of time that 
the driver's eyes are drawn away from the forward roadway while 
performing a

[[Page 87668]]

task. The Phase 1 Guidelines recommend that devices be designed so that 
tasks can be completed by the driver while driving with individual 
glances away from the roadway of 2 seconds or less and a cumulative 
time spent looking away from the roadway of 12 seconds or less. The 
second test method uses a visual occlusion technique and involves 
participants performing a task using occlusion goggles that 
alternatively open and shut every 1.5 seconds. The Phase 1 Guidelines 
recommend that devices be designed so that tasks can be completed with 
a cumulative shutter open time of 12 seconds or less.
    In addition to identifying inherently distracting tasks and 
providing a means to measure and evaluate the level of distraction 
associated with other secondary tasks, the Phase 1 Guidelines contain 
other recommendations for in-vehicle devices designed to limit and 
reduce their potential for distraction. Examples include a 
recommendation that performance of visual-manual tasks should not 
require the use of more than one hand, a recommendation that each 
device's active display be located as close as practicable to the 
driver's forward line of sight, and a recommended maximum downward 
viewing angle to the geometric center of each display.
    In the notice announcing the Phase 1 Guidelines, the agency 
clarified that because the Guidelines were voluntary and non-binding, 
NHTSA's normal enforcement procedures related to Federal Motor Vehicle 
Safety Standard (FMVSS) compliance were not applicable. However, NHTSA 
indicated that as part of its ongoing distraction research activities, 
the agency does intend to monitor manufacturers' voluntary adoption of 
the Phase 1 Guidelines.
2. Efforts by Industry To Address Driver Distraction From Portable 
Devices
    Various efforts focused on portable and aftermarket devices have 
been initiated by industry to address driver distraction. In July 2013, 
the Consumer Technology Association (CTA), an association comprised of 
2,000 companies within the consumer technology industry, initiated a 
Working Group focused on addressing portable and aftermarket electronic 
devices used by drivers in vehicles (formally named R6 WG18 Driver-
Device Interface Working Group). Through mid-2014, the group had the 
goal of developing industry-based guidelines for portable device design 
that would address driver distraction. As indicated in a letter to the 
agency, the group had planned to use the NHTSA Phase 1 Guidelines as a 
starting point. The focus of this group had been to create a set of 
recommended practices by bringing together industry stakeholders and 
soliciting their technical input and expertise. These voluntary, 
industry-based recommended practices were intended to be used by 
portable electronic device manufacturers, software developers, and any 
other interested parties to improve the safety of driving and non-
driving-related task performance. In mid-2014, the Working Group 
abandoned its work to develop industry-based guidelines due to 
liability concerns, instead modifying its overall objective to produce 
a technical report that categorizes ``products and services offered by 
the consumer electronics (CE) industry that help make the driving 
experience safer.'' \62\ CTA's technical report surveying the existing 
driver mode technologies was released in January 2015.\63\ NHTSA has 
been participating in CTA's working group as a non-voting liaison since 
its inception. NHTSA has provided explanations and rationale for 
aspects of NHTSA's Phase 1 Visual-Manual Driver Distraction Guidelines, 
and participated in discussions regarding the application of the 
guideline's basic principles to the complex, multipart ecosystem of 
portable and aftermarket electronic devices.
---------------------------------------------------------------------------

    \62\ Consumer Electronics (2014) CEA Cataloguing Driver Safety 
Products and Services [Press release]. Retrieved from http://www.ce.org/News/News-Releases/Press-Releases/2014/CEA-Cataloguing-Driver-Safety-Products-and-Service.aspx?feed=Technology-Standards-Press-Releases (last accessed on 10/4/16).
    \63\ Consumer Electronics (2015). Keeping Your Eyes on the Road: 
What the CE Industry is Doing to Help You Drive Safely. CEA-TR-6. 
Avalaible for purchase at http://www.techstreet.com/standards/cta-tr-6?product_id=1888242 (last accessed on 10/4/16).
---------------------------------------------------------------------------

    There have also been efforts within the standardization sector of 
the International Telecommunications Union (ITU-T) \64\ to establish 
international consensus-based distraction standards for Information and 
Communications Technologies (ICTs). The ITU-T effort was intended to 
establish interoperability standards that enable the vehicle to safely 
manage driver interaction with ICT applications and services, 
regardless of if they are downloaded to a vehicle or reside in a 
roadside station, portable device, cloud-based server, etc. These 
interoperability standards define functional mechanisms, data formats, 
and communications protocols. The proposed ITU-T ``User Interface 
Requirements for Automotive Applications'' (P.UIA Recommendation) would 
provide design guidance for user interfaces, as well as recommended 
test procedures and performance thresholds. As it stands, the published 
P.UIA Recommendation only proposes a structure for the guidance. The 
ITU-T's efforts were concluded in 2013 with the publication of several 
reports.\65\
---------------------------------------------------------------------------

    \64\ The International Telecommunication Union (ITU) is the 
United Nations specialized agency in the field of 
telecommunications, information and communication technologies 
(ICTs). The ITU Telecommunication Standardization Sector (ITU-T) is 
a permanent organ of ITU. ITU-T is responsible for studying 
technical, operating and tariff questions and issuing 
Recommendations on them with a view to standardizing 
telecommunications on a worldwide basis.
    \65\ See the ITU-T's Web site for the Focus Group on 
Distraction, which includes all reports that resulted from this 
effort. Available at http://www.itu.int/en/ITU-T/focusgroups/distraction/Pages/default.aspx (last accessed on 10/4/16).
---------------------------------------------------------------------------

    NHTSA is also participating as a liaison for a task group formed by 
the Car Connectivity Consortium (CCC), the developers of Mirror Link, 
to discuss the technical issues of device pairing, integration, 
testing, and certification. Mirror Link represents a major industry 
effort to enable and promote device pairing in vehicles. This effort 
began in November 2014.
    In addition to these formal industry efforts to produce best 
practices, guidelines, and recommendations, several companies and 
groups have demonstrated various technical solutions for aspects of the 
distracted driving problem to NHTSA. These solutions include a driver 
mode for portable devices, anti-texting software applications that 
provide the capability to lock out the portable device screen, and 
driver distinction technologies that are both vehicle- and portable-
device based. Each of these topics was included in NHTSA's Phase 2 
Public Meeting in March 2014.
3. Public Meeting on the Phase 2 Distraction Guidelines
    On March 12, 2014, NHTSA hosted a public meeting to bring together 
vehicle manufacturers and suppliers, portable and aftermarket device 
manufacturers, portable and aftermarket device operating system 
providers, cellular service providers, industry associations, 
application developers, researchers, and consumer groups to discuss 
technical issues regarding the agency's development of Phase 2 Driver 
Distraction Guidelines for portable and aftermarket devices. The 
transcript for the public meeting and webcast video can be found in the 
docket for today's proposed guidelines,\66\ along with

[[Page 87669]]

copies of all presentations and spoken remarks.
---------------------------------------------------------------------------

    \66\ Docket No. NHTSA-2013-0137, ``Driver Distraction Guidelines 
(Phase 2) for Portable and After-Market Devices Public Meeting 
Agenda and Presentations '' ID: NHTSA-2013-0137-0004. Available at 
http://www.regulations.gov/#!docketDetail;D=NHTSA-2013-0137 (last 
accessed on 10/4/16).
---------------------------------------------------------------------------

    In the public meeting, NHTSA presented an overview of the Phase 1 
Driver Distraction Guidelines and the key technical issues in Phase 2. 
CTA presented a summary of its efforts to develop industry-based best 
practices for portable and aftermarket devices that could be used by 
drivers inside the vehicle. Following these presentations, there were 
three panels of invited experts who addressed the following technical 
topics: (1) Vehicle and portable/aftermarket device pairing, (2) Driver 
Mode and advanced technologies, and (3) technologies that automatically 
distinguish between devices used by drivers and passengers.
    In its presentation about the Distraction Guidelines, NHTSA 
highlighted the guiding principles for the guidelines along with the 
technical approaches to Phases 1 and 2. NHTSA emphasized pairing 
between the vehicle and portable devices as a means for incorporating 
portable and aftermarket devices under the Phase 1 Distraction 
Guidelines. NHTSA also discussed Driver Mode as an approach for 
unpaired portable devices. NHTSA encouraged the development of 
technology that can distinguish driver portable device use from 
passenger portable device use. NHTSA noted that similar test procedures 
and acceptance thresholds from Phase 1 would be applied to Phase 2. 
Other issues under consideration for the Phase 2 Distraction Guidelines 
included applicability to head-up displays and wearable devices, any 
additional per se lock outs that might be required for portable and 
aftermarket devices, placement of the portable device for testing, and 
continuous display information that does not meet the Phase 1 task 
definition. NHTSA concluded its presentation by highlighting the 
general process for publishing the Phase 2 Distraction Guidelines.
    Following NHTSA's presentation, CTA gave a presentation on its 
Driver-Device Interface Working Group and activities for generating 
industry-based best practices. In its presentation at the public 
meeting, CTA noted that it believes best practices developed by 
industry collaboration have the greatest chance of success in the 
marketplace. Additionally, CTA recommended pairing. As of mid-2014, the 
Working Group modified its objective, choosing to develop a technology 
inventory instead of guidelines or recommendations.
    The pairing panel consisted of presentations by General Motors, 
Toyota, Delphi, and the Car Connectivity Consortium. The Driver Mode 
and Advanced Technologies panel consisted of presentations by AT&T, 
Garmin, and Pioneer. The Driver-Passenger Distinction panel consisted 
of presentations by Cellcontrol, Cellepathy, and Lakeland Ventures 
Development-Takata. NHTSA conducted a period of questions and answers 
from the panelists after the presentations. NHTSA received additional 
comments from Consumers Union, Origo, and Vesstech that were read from 
the floor. Each of these presentations and spoken remarks can be found 
in the Phase 2 docket.\67\
---------------------------------------------------------------------------

    \67\ Docket No. NHTSA-2013-0137, ``Driver Distraction Guidelines 
(Phase 2) for Portable and After-Market Devices Public Meeting 
Agenda and Presentations'' ID: NHTSA-2013-0137-0004. Available at 
http://www.regulations.gov/#!docketDetail;D=NHTSA-2013-0137 (last 
accessed on 10/4/16).
---------------------------------------------------------------------------

    Comments: In response to the public meeting, eight comments were 
posted to the docket by the Alliance of Automobile Manufacturers 
(Alliance), Blackberry Limited, CTIA--The Wireless Association, General 
Motors, Life Apps, the National Safety Council, Vesstech, and Consumers 
Union. Seven of the eight commenters supported NHTSA's Phase 2 
Distraction Guidelines, with only CTIA recommending that solutions to 
portable device-based driver distraction be left solely to industry 
collaborations. CTIA also challenged NHTSA's authority to issue 
regulations, or even voluntary guidelines, for portable devices. The 
Alliance and General Motors urged NHTSA to complete Phase 2 as soon as 
possible, and the Alliance suggested NHTSA combine Phases 1 and 2 into 
a single set of NHTSA Distraction Guidelines. The National Safety 
Council requested NHTSA reconsider the three-phase approach to the 
distraction guidelines and to consider the full body of driver 
distraction literature rather than focusing solely on visual-manual 
distraction. Specifically, the National Safety Council urged NHTSA to 
include cognitive distraction issues in Phase 2 along with the visual-
manual that were the focus of the Phase 1 Distraction Guidelines. CTIA 
commented that translating the Phase 1 Distraction Guidelines to 
portable devices is infeasible, partly due to the complex ecosystem 
surrounding portable devices, and that education and legislative 
approaches to the distraction problem should be the government's focus.
    The Alliance, Blackberry Limited, General Motors, and Consumers 
Union all supported NHTSA's emphasis on paired solutions. The Alliance 
reiterated findings from research that quantified the extent to which 
consumers are ``connected'' in their daily lives, including while 
driving. The Alliance highlighted this research, which was posted to 
the Phase 1 Docket, as additional support for pairing or tethering 
solutions. The Alliance also highlighted that some of its members were 
already working towards pairing solutions, and that the Car 
Connectivity Consortium was a formal industry organization working 
towards that end. General Motors mentioned its own efforts towards 
paired solutions. Blackberry Limited urged NHTSA to consider the ITU-T 
draft set of industry-generated recommendations for information and 
communications technologies. Consumers Union described its findings on 
various existing pairing solutions, and specifically how easy or user-
friendly the pairing process was for drivers. Blackberry Limited 
offered several specific suggestions for NHTSA to consider about 
pairing solutions and Driver Mode.
    The response to Driver Mode solution was mixed, with the Alliance 
stating that the only acceptable Driver Mode was the portable device in 
the ``off'' setting, and that Driver Mode ``apps'' that drivers must 
choose to engage are not realistic solutions. Blackberry Limited, 
Consumers Union, and Life Apps provided specific recommendations or 
support for Driver Mode implementations. Blackberry Limited had 
specific suggestions regarding pairing and Driver Mode, and urged NHTSA 
to not recommend less stringent guidelines for Driver Mode, but also 
not to include specific technological approaches (i.e., the specific 
wireless communication protocol between the portable device and the 
vehicle) in the Phase 2 Distraction Guidelines. CTIA also noted the 
fact that several driver mode ``apps,'' or applications that otherwise 
limit portable device functionality while driving, are currently 
available is evidence that industry is working towards solutions to the 
distraction problem with portable devices, and therefore NHTSA's 
guidelines are unnecessary.
    The Alliance supported NHTSA's inclusion of driver-passenger 
distinction technology and urged NHTSA to establish a cooperative 
research program

[[Page 87670]]

with industry to foster technological development in this area.
    Some commenters in the public meeting had specific implementation 
suggestions for portable device-use while driving. For example, the 
National Safety Council suggested NHTSA require portable devices have 
an option to quickly turn the portable device off while driving. Life 
Apps highlighted an approach that uses the portable device only, which 
does not require hardware components to detect that the driver is using 
the device when driving. Vesstech argued for a solution that included 
mandatory vocal warnings to be automatically spoken to drivers. It 
suggested that the emotional content relayed by the human voice would 
be an effective deterrent that would discourage portable device use 
while driving. CTIA argued that education, legislation, and technical 
innovation are the best ways to address distraction from portable 
devices, and listed the ways in which they have been active in each 
area.
    Agency Response: NHTSA is considering combining Phase 1 and 2 
Guidelines, to the extent practicable. As discussed previously, we seek 
comment on the combination of the Phase 1 and 2 Guidelines. A statement 
of NHTSA's authority to issue voluntary, non-binding guidance is 
included in Section V of this notice.
    NHTSA provided a detailed explanation and rationale for the focus 
on visual-manual distraction in the Phase 1 Guidelines,\68\ which 
addresses the National Safety Council's suggestion that NHTSA include 
the full-range of distraction and associated research literature, 
namely cognitive distraction. NHTSA recognizes the importance of 
experimental research findings, such as those using driving simulators, 
that show decreased driving performance for distractions of all types. 
Both naturalistic driving studies (such as NHTSA's 2013 cell phone 
naturalistic driving study \69\) and experimental studies consistently 
show that visual-manual distraction contributes to degraded driving 
performance and a significantly elevated crash risk. While the full 
body of research data is less conclusive with respect to cognitive 
distraction, the agency continues to be actively engaged in reviewing 
the latest research findings. In May 2015, NHTSA hosted an event called 
``Cognitive Distraction: What Were You Thinking?'' \70\ that brought 
members of the international research community and safety advocates 
together to discuss what cognitive distraction is, how to measure it, 
and what to do about it. NHTSA is also currently conducting a 
significant amount of research related to auditory-vocal (i.e., voice-
based) system interfaces, as well as a study to explore ways of 
measuring internal cognitive distraction (e.g., mind wandering) while 
driving.
---------------------------------------------------------------------------

    \68\ 78 FR 24817 (Apr. 26, 2013), pp. 24836-24838.
    \69\ Fitch, G., et al. (2013). The Impact of Hand-Held and 
Hands-Free Cell Phone Use on Driving Performance and Safety-Critical 
Event Risk (DOT HS 811 757). Washington, DC: National Highway 
Traffic Safety Administration.
    \70\ Presentations and video recording of the event can be found 
at the NHTSA Web site: http://www.nhtsa.gov/nhtsa/symposiums/may2015/index.html (last accessed on 10/4/16).
---------------------------------------------------------------------------

    NHTSA has reviewed each of the detailed recommendations from the 
various commenters on both pairing and driver mode. Some of those 
recommendations are consistent with NHTSA's goal of remaining neutral 
regarding specific technological approaches to pairing and to Driver 
Mode activation, and therefore are reflected in these proposed Phase 2 
Guidelines. At NHTSA's public meeting, participants on the Driver-
Passenger Distinction panel presented different technological 
approaches to identifying which vehicle occupant is using a portable 
device. Most approaches use a combination of hardware and software 
installed in the vehicle and on the portable device to determine 
whether the device user is a driver or passenger.
    One approach involved a piece of hardware that creates zones within 
a vehicle by emitting signals. The driver's seating position would have 
a different signal that could be identified by software and/or hardware 
on a portable device. Identifying the driver's position with this 
method would potentially allow the device to activate the driver mode 
only for the driver while he or she is driving. This signal could vary 
depending on the transmission state.
    Another driver-passenger distinction technology uses capacitive 
sensors within the seats that allow the vehicle to detect where 
portable devices are being used within a vehicle. These sensors are 
able to determine if each occupant is holding and using a portable 
device by utilizing the conductivity of the human body. By detecting if 
a driver is using a portable device, the vehicle can tell the portable 
device to activate the driver mode. Driver Mode can be activated 
depending on the state of the vehicle's transmission (i.e., park vs. 
drive).
    Finally, a device-only solution uses an authentication task 
approach where a device automatically goes into a limited use state 
(e.g., Driver Mode) at a speed threshold, and a quick, but challenging 
task is required to re-enable full functionality on the device. These 
authentication tasks are designed to be quick and easy for non-drivers, 
but nearly impossible to complete successfully within the short time 
limit for drivers.
    NHTSA recognizes that there may be other concepts to achieve 
driver-passenger distinction that were not presented in the Public 
Meeting, but those presented provide an example of how this capability 
can be achieved technologically. Accordingly, NHTSA continues to 
monitor the development and progress of driver-passenger distinction 
technologies, and seeks input on how to foster the refinement of that 
technology to enhance reliable and automatic Driver Mode solutions for 
unpaired portable devices. For example, the Alliance recommended 
establishing a cooperative research program. The agency seeks comments 
from all stakeholders on what specific research needs remain to 
progress driver-passenger distinction technology to full maturity.
    All presentations and comments from the NHTSA Phase 2 Public 
Meeting are available for download in the Phase 2 docket,\71\ along 
with the transcript of the meeting and a link to the recorded webcast 
of the meeting.
---------------------------------------------------------------------------

    \71\ Docket No. NHTSA-2013-0137, ``Driver Distraction Guidelines 
(Phase 2) for Portable and After-Market Devices Public Meeting 
Agenda and Presentations '' ID: NHTSA-2013-0137-0004. Available at 
http://www.regulations.gov/#!docketDetail;D=NHTSA-2013-0137 (last 
accessed on 10/4/16).
---------------------------------------------------------------------------

III. Distraction Guidelines for Portable and Aftermarket Devices

A. Scope

1. Devices/Device Interfaces
    The proposed Phase 2 Guidelines would apply to the visual-manual 
interfaces of portable and aftermarket devices that may be used by a 
driver. A ``portable device'' is defined as a device that can 
reasonably be expected to be brought into a vehicle on a trip-by-trip 
basis and used in the vehicle by a driver while driving, that is 
electrically powered, and that has one or more of the following 
capabilities:
     Allows user interaction.
     Enters, sends, and/or receives information.
     Displays information in a visual and/or auditory manner, 
or
     Displays graphical, photographic, and/or video images.
    The agency has tentatively concluded that this definition sets out 
the appropriate scope for the types of device

[[Page 87671]]

interfaces that should be covered by the Phase 2 Guidelines, i.e., the 
interfaces of portable electronic devices that are likely to be used by 
drivers when driving. Examples of portable devices covered by the 
proposed Phase 2 Guidelines are smartphones, tablets, and navigation 
devices. The recommendations to manufacturers in these guidelines are 
intended to focus on devices used by drivers while driving. NHTSA seeks 
comment on whether clarification/revisions to the provisions in this 
guidance document are necessary to ensure that passengers/non-drivers 
are not inadvertently impacted by this guidance document. In other 
words, NHTSA seeks to ensure that passengers (including front 
passengers) are able to use their devices and applications without 
disruption.
    Additionally, this definition would include some of the new 
portable technology that is beginning to appear, such as wearable 
technology (electronic devices with interfaces that are worn on and 
move with the body) and certain non-OE, head-up displays (HUDs).\72\ 
Wearable technology includes wristwatch computers and optical head-
mounted displays (OHMD). Although OHMD and HUD interfaces are 
classified as portable or aftermarket devices and would therefore be 
covered by the Phase 2 Guidelines, the agency notes that there are 
issues with applying the Phase 1 glance-based metrics to measure the 
level of visual distraction associated with the use of these devices. 
The most significant issue with applying Phase 1 acceptance tests to 
OHMD and HUD is that the performance criteria for measuring distraction 
is eyes-off-road time and the information from these technologies is 
displayed either directly in front of the driver's eyes (OHMD) or on 
the windshield in front of the driver (HUD). While the driver may 
appear to be looking toward the forward roadway, the driver's eyes 
would actually be focused at a different focal distance that 
corresponds to the displayed OHMD/HUD information. This means that in 
testing it may not be possible to reliably discern whether the driver's 
eyes are focused on the roadway or the information displayed on the 
OHMD/HUD, which confounds the ability to evaluate eye glance behavior 
to the task acceptance criteria. The agency is concerned that although 
these devices might tend to keep the eyes oriented toward the forward 
roadway, the presentation of information in front of the driver may 
still result in visual distraction causing the eyes to be focused on 
the displayed information rather than on the road (e.g., visual 
accommodation changes to view the presented information could result in 
the driver's view of the forward roadway being out of focus). 
Accordingly, the agency has begun research on these devices to 
determine whether their use impacts vehicle safety and, if so, what 
visual attention metrics might be used to explain the effects.
---------------------------------------------------------------------------

    \72\ HUDs for motor vehicles project information onto the 
windshield in front of the driver.
---------------------------------------------------------------------------

    Finally, NHTSA recognizes that many of these new portable devices 
are released as pre-production versions, thereby allowing the market to 
update, refine, and shape the maturation of the technology. NHTSA seeks 
comment on portable device product cycles along with software updating 
processes to better understand the evolving stakeholder landscape.
    For the purposes of this Phase 2 proposal, an ``aftermarket 
device'' is defined as a device designed to be or reasonably expected 
to be installed or integrated into a vehicle after the vehicle is 
manufactured, is electrically powered, and has one or more of the 
following capabilities:
     Allows user interaction.
     Enters, sends, and/or receives information.
     Displays information in a visual and/or auditory manner, 
or
     Displays graphical images, photographic images, and/or 
video.
    An example of an aftermarket device would be a non-OE head unit, 
such as in-dash car audio/video systems or in-dash navigation systems.
    NHTSA requests comments on its proposed definitions in the proposed 
Phase 2 Guidelines.
    The proposed Phase 2 Guidelines exclude several devices/device 
interfaces, including the auditory-vocal portions of a portable or 
aftermarket device interface,\73\ device or device functions specified 
by law or government regulation, or devices manufactured primarily for 
emergency response vehicles. These exclusions mirror those listed in 
the Phase 1 Guidelines for OE in-vehicle interfaces. However, in 
contrast to the Phase 1 Guidelines, NHTSA believes that the proposed 
Phase 2 Guidelines do not necessarily need to be restricted by vehicle 
weight and would apply to the interfaces of portable and aftermarket 
devices used in medium and heavy vehicles (i.e., those with a gross 
vehicle weight rating (GVWR) over 10,000 pounds). The Phase 1 
Guidelines excluded OE in-vehicle interfaces in these vehicles because 
they are different than the interfaces in light vehicles (GVWR of 
10,000 pounds or less) and additional research would be needed to 
develop guidelines for medium and heavy vehicles. In contrast, NHTSA 
does not believe that the same types of differences, if any, exist 
between portable and aftermarket devices used in light vehicles versus 
those used in heavy vehicles, and, therefore such an exclusion is not 
warranted for the Phase 2 Guidelines.
---------------------------------------------------------------------------

    \73\ NHTSA recognizes that current auditory-vocal interfaces are 
multi-modal and include a combination of auditory-vocal and visual-
manual interactions. All visual-manual interactions are subject to 
Phases 1 and 2 of the Distraction Guidelines.
---------------------------------------------------------------------------

    The agency also seeks comment on device interfaces that should or 
should not be covered by the proposed Phase 2 Guidelines.
2. Tasks
    The proposed Phase 2 Guidelines would be applicable to the same 
types of visual-manual secondary tasks covered by the Phase 1 
Guidelines, including all non-driving-related tasks and some driving-
related tasks (as noted earlier), specifically those that are neither 
related to the safe operation and control of the vehicle nor involve 
the use of a system required by law. Table 1 of the updated Phase 1 
Guidelines \74\ published on September 14, 2014, contains a non-
exhaustive list of the types of non-driving-related tasks to which the 
Guidelines would be applicable, including various communications, 
entertainment, and information tasks. This table is repeated in Table 7 
below.
---------------------------------------------------------------------------

    \74\ Docket No. NHTSA-2014-0088. ``Guidelines for Reducing 
Visual-Manual Driver Distraction during Interactions with 
Integrated, In-Vehicle, Electronic Devices Version 1.01'' ID: NHTSA-
2014-0088-0002. Available at https://www.regulations.gov/document?D=NHTSA-2014-0088-0002 (last accessed on 10/4/16).

[[Page 87672]]



  Table 7--Non-Driving-Related Tasks/Devices to Which These Guidelines
                                  Apply
------------------------------------------------------------------------
        Type of task                          Task/device
------------------------------------------------------------------------
Communications..............  Caller Identification, Incoming Call
                               Management, Initiating and Terminating
                               Phone Calls, Conference Phoning, Two-Way
                               Radio Communications, Paging, Address
                               Book, Reminders, Text-Based
                               Communications, Social Media Messaging or
                               Posting.
Entertainment...............  Radio (including but not limited to AM,
                               FM, and Satellite), Pre-recorded Music
                               Players, All Formats, Television, Video
                               Displays, Advertising, Internet Browsing,
                               News, Directory Services.
Information.................  Clock, Temperature.
------------------------------------------------------------------------

    Like the Phase 1 Guidelines, the Phase 2 Guidelines would not apply 
to tasks performed by the driver as part of the safe operation and 
control of the vehicle, including any task related to the proper use of 
a driver safety warning system. Although the agency did not define the 
term driver safety warning system in the Phase 1 Guidelines, the agency 
is including a definition in the proposed Phase 2 Guidelines (that also 
shall apply to Phase 1) because of the wide variety of portable and 
aftermarket device applications that exist and the agency's concern 
that applications with a questionable link to safety might be labeled 
as driver safety warning systems. Accordingly, the proposed Phase 2 
Guidelines define ``driver safety warning system'' as ``a system or 
application that is intended to assist the driver in the avoidance or 
mitigation of crashes.'' An example of a system that would fall within 
this definition is a portable device application that uses the device's 
features (e.g., GPS, accelerometer, or camera) to alert drivers of lane 
departures or potential collisions.
    Finally, the Phase 2 Guidelines apply to tasks that are clearly 
bounded by start and end states as is discussed in the Phase 1 
Guidelines (see section IV.B.9 on p. 24884). Displays that continuously 
report a system state like speed or fuel economy status are unbounded 
and are therefore not subject to the Phase 1 or 2 Guidelines.

B. Overview of the Phase 2 Guidelines

    In order to address the vehicle safety problem posed by driver 
distraction due to aftermarket and portable device usage, NHTSA 
tentatively recommends the following in its Phase 2 Guidelines:
     Portable device manufacturers incorporate pairing 
capabilities and Driver Mode functions into their devices to reduce 
driver distraction.
     OEMs incorporate pairing capabilities into the design of 
their vehicles
     Manufacturers of aftermarket devices meet the requirements 
as specified for OE interfaces in Phase 1.\75\
---------------------------------------------------------------------------

    \75\ While the recommendation is that aftermarket devices meet 
the Phase 1 Guidelines, this recommendation will be made in the 
Phase 2 document. Therefore, aftermarket manufacturers would look to 
the Phase 2 guidelines for recommendations.
---------------------------------------------------------------------------

    Figure 1 depicts how the Phase 2 Guidelines apply to both portable 
and aftermarket devices, including pairing and Driver Mode 
configurations.

[[Page 87673]]

[GRAPHIC] [TIFF OMITTED] TN05DE16.002

    NHTSA recommends pairing a portable device with the in-vehicle 
system (i.e., OE or installed aftermarket systems) to minimize the 
potential distraction associated with operating a visual-manual 
interface on a portable device. Vehicle manufacturers and the portable 
device industry are already working together to incorporate pairing 
between devices and vehicles, and the agency hopes that the Phase 2 
Guidelines will accelerate those efforts.\76\ Pairing the device to the 
vehicle would allow the driver to use the built-in displays and 
controls. Assuming that the vehicle conforms to the Phase 1 Guidelines, 
pairing would ensure that the visual-manual secondary tasks performed 
by the driver while driving meet the time-based, eye-glance task 
acceptance criteria specified in the Phase 1 Guidelines that is 
intended to mitigate the risk of distracted driving. Pairing would also 
ensure that certain activities that would inherently interfere with the 
driver's ability to safely control the vehicle would be locked out 
while driving (i.e., the ``per se lock outs'' referred to in the Phase 
1 Guidelines and the proposed Phase 2 Guidelines).
---------------------------------------------------------------------------

    \76\ http://www.engadget.com/2014/10/02/apple-carplay-comes-to-pioneer-stereos-as-spotify-adds-support/ (last accessed on 10/4/16). 
http://www.engadget.com/2014/10/03/hondas-in-car-connect-system-does-android-its-own-way-hands-on/ (last accessed on 10/4/16).
---------------------------------------------------------------------------

    Although NHTSA recommends that pairing a portable device with the 
in-vehicle interface is the best way to mitigate the distraction 
associated with operating a visual-manual portable device interface, 
the agency acknowledges that there will be situations when pairing does 
not occur, either because the in-vehicle system and/or portable device 
does not possess the capability for pairing or because the driver 
chooses not to pair with the in-vehicle system. In order to mitigate 
the additional distraction associated with the use of an unpaired 
portable device, the agency recommends that portable devices include a 
Driver Mode that, when activated, will present an interface that 
conforms with the Phase 1 Guidelines recommendations for electronic 
devices used by the driver while driving. In particular, when a 
portable device is in Driver Mode, the device should lock out tasks 
that are among the Phase 1 Guidelines per se lock outs or do not meet 
Phase 1 task acceptance criteria.
    NHTSA seeks comment on this approach and whether additional per se 
lock outs are appropriate for portable and aftermarket devices, whether 
paired with the in-vehicle system or in Driver Mode.
    NHTSA acknowledges that some devices, such as standalone portable 
navigation devices, are designed for, and exist primarily for use in a 
single context (e.g. navigation in a motor vehicle). These devices are 
useful because they package both the hardware and a user interface in 
one compact portable unit. For such a device designed primarily for use 
while driving, pairing the device with the vehicle would not provide 
any benefit since its native interface should meet the Driver Mode 
recommendations and pairing is not required. For this reason, portable 
navigation devices that do not have pairing capability would not be 
expected to have a separate Driver Mode. NHTSA requests comments on 
whether the assumptions for this recommendation are reasonable and 
appropriate.

C. Pairing

1. Pairing Recommendations
    The proposed Phase 2 Guidelines recommend that vehicle 
manufacturers and portable device manufacturers should provide the 
necessary mechanisms to easily enable pairing

[[Page 87674]]

between the portable device and the vehicle/in-vehicle system.\77\ In 
order to reduce the potential for distraction associated with pairing 
while also encouraging drivers to pair their devices, pairing should be 
an easy-to-understand task that allows the driver to set up the 
portable device to communicate with the in-vehicle system in the fewest 
number of steps possible, even automatically if feasible. If a portable 
device and vehicle pair easily, it is less likely that a user will 
become discouraged and not attempt to pair a device with a vehicle. 
NHTSA encourages all entities involved with the engineering and design 
of pairing technologies to jointly develop compatible and efficient 
processes that focus on improving the usability of connecting a 
portable device with the in-vehicle system. The proposed Guidelines 
further recommend that any required visual-manual interactions 
necessary to pair the device should be disabled while driving in order 
to avoid potential driver distraction. The agency encourages automatic 
pairing between the portable device and in-vehicle system during and 
after the initial setup.
---------------------------------------------------------------------------

    \77\ For purposes of this discussion, ``in-vehicle system'' 
includes both OE and aftermarket headunits installed in a motor 
vehicle.
---------------------------------------------------------------------------

    In order to ensure that a paired portable device's functions are 
operated through the in-vehicle interface, which is intended and 
designed specifically for the driving environment, the proposed Phase 2 
Guidelines recommend that the visual interface of the portable device 
be locked out when the portable device is paired to the in-vehicle 
system, with the exception of access to emergency services and 
emergency notifications. All non-emergency functions and applications 
of the portable device should be operable exclusively through the in-
vehicle system's interface. A paired system with a compelling user 
experience and features should discourage the need for the driver to 
access or interact with the portable device while driving. NHTSA seeks 
comment on displaying and operating all non-emergency paired device 
functions through the in-vehicle interface and whether doing so creates 
unintended consequences. NHTSA also seeks comment on how best to 
accommodate passenger use of a paired portable device.
2. Privacy and Data Sharing for Paired Devices
    The primary purpose of this document is to address driver 
distraction and vehicle safety. However, NHTSA acknowledges that the 
pairing recommendations may touch on potential privacy concerns 
regarding the possibility of data transfer, sharing, and storage 
between the vehicle, device, and off-board systems. The proposed 
Guidelines do not recommend any particular method of pairing or specify 
how automakers and the portable and aftermarket device industries 
should address how information is shared and used. The agency 
encourages industry to consider how privacy risks can be minimized as 
part of the development and improvement of pairing systems.
    Industry groups have begun to address the issue of privacy as the 
Alliance of Automobile Manufacturers and Global Automakers published a 
set of principles on November 12, 2014.\78\
---------------------------------------------------------------------------

    \78\ Alliance of Automobile Manufacturers and Association of 
Global Automakers (2014). Consumer Privacy Protection Principles: 
Privacy Principles for Vehicle Technologies and Services. Retrieved 
from http://www.autoalliance.org/index.cfm?objectid=CC629950-6A96-11E4-866D000C296BA163 (last accessed on 10/4/16).
---------------------------------------------------------------------------

    In light of these potential issues, NHTSA seeks comment on how 
information is shared between the vehicle, device, and off-board 
systems when devices are paired with the vehicle, how the type of 
information that is shared may change in the future, how this 
information sharing effects privacy, and what role the Guidelines can 
and should play in addressing these privacy issues.
3. Cybersecurity for Paired Devices
    Designing portable devices so that they can be paired with motor 
vehicles must be accompanied by appropriate cybersecurity measures. 
Unless such care is taken, adding another Internet-connected device to 
a vehicle's electronics system can introduce additional cybersecurity 
vulnerabilities into a vehicle's computer systems.
    Safeguarding the traveling public through a combination of measures 
requiring and/or encouraging the incorporation of safety features and 
systems in motor vehicles and motor vehicle equipment as well as 
measures to protect the performance of those features and systems is 
part of NHTSA's core mission. Equally important is identifying motor 
vehicles or items of motor vehicle equipment that create an 
unreasonable risk of accidents occurring or unreasonable risk of death 
or injury occurring in an accident because of deficiencies in design, 
construction, or performance and requiring their recall and remedy.
    These Guidelines do not suggest or recommend particular methods for 
creating and maintaining an effective level of cybersecurity in motor 
vehicles or in portable or aftermarket devices. NHTSA expects that 
OEMs, portable device manufacturers, and aftermarket manufacturers to 
be proactive and take the steps necessary to protect against present 
and future motor vehicle cybersecurity threats. We seek comment on the 
continuing steps that must be taken to ensure that pairing does not 
adversely affect vehicle cybersecurity.

D. Driver Mode

    Ideally, a Driver Mode would not be necessary since NHTSA believes 
those functions related to the driving task should occur when the 
device is paired with an in-vehicle system that conforms with the Phase 
1 Guidelines. However, our data confirms what everyday observation 
indicates: Many drivers routinely use their portable device(s) while 
driving. The agency believes that over time as pairing becomes easier, 
increased device pairing may help reduce this behavior, but is unlikely 
to eliminate it, because not all vehicles will have been designed to 
allow pairing and drivers may not choose to pair their devices. The 
agency, therefore, believes it is necessary to propose guidelines that 
attempt to reduce the risk associated with using an unpaired portable 
device while driving. The agency believes that the proposed Driver Mode 
outlined below, which suggests that the device's interface follow the 
Phase 1 principles to the extent possible, is the best way to minimize 
the distraction posed by these devices.
1. Driver Mode Recommendations
    Driver Mode is a simplified interface for unpaired devices that 
conforms to the Phase 1 Guidelines when being used by a person who is 
driving. When in Driver Mode, the portable device should lock out any 
visual-manual secondary tasks that do not meet the Phase 1 Guidelines, 
either because they are per se lockouts or because they do not meet the 
eye-glance-based task acceptance criteria using a modified version of 
the Phase 1 task acceptance testing procedures described in Section V 
of the Phase 2 Guidelines.
    The Phase 1 Guidelines specify two different test options for 
measuring the impact of performing a task on driving safety and 
acceptance criteria for assessing whether a task interferes enough with 
driver attention to be unsuitable for performance while driving. Either 
test may be run to assess conformance with the guidelines. Both of 
these test methods focus on the amount of visual attention necessary to 
complete a task because existing research on visual-manual distraction 
establishes a link between visual

[[Page 87675]]

attention (eyes off the road) and crash risk.
    The first recommended test method measures the amount of time that 
the driver's eyes are drawn away from the roadway during the 
performance of the task. The proposed Phase 2 Guidelines, like the 
Phase 1 Guidelines, recommend that devices be designed so that tasks 
can be completed by the driver while driving with glances away from the 
roadway of 2 seconds or less and a cumulative time spent glancing away 
from the roadway of 12 seconds or less. NHTSA anticipates that 
stakeholders (e.g., OS developers, portable device developers, and 
application developers) will work together to ensure that applications 
and features on portable devices intended for use while driving meet 
the Phase 2 Guidelines. NHTSA requests comments on how this industry 
process will develop and function.
    The second test method uses a visual occlusion technique, and both 
the Phase 1 and proposed Phase 2 Guidelines recommend that, when tested 
with this method, devices be designed so that tasks can be completed in 
a series of 1.5-second glances with a cumulative time of not more than 
12 seconds.\79\ Both of these tests are part of the Phase 1 NHTSA 
Guidelines and the Alliance of Automobile Manufacturers (Alliance) 
guidelines.
---------------------------------------------------------------------------

    \79\ As explained in detail in the Phase 1 Guidelines notices, 
the 1.5-shutter open time periods used in the occlusion method 
correspond to 2 second off-road glances.
---------------------------------------------------------------------------

    Detailed discussions of how these thresholds were developed are 
contained in the proposed Phase 1 Guidelines notice \80\ and the final 
Phase 1 Guidelines notice.\81\ In summary, glances away from the 
forward road scene greater than 2 seconds at a time are associated with 
an increased risk of a crash or near crash. The total eyes off road 
time criterion is based on the principle that a visual-manual secondary 
task performed while driving should not exceed that associated with a 
baseline reference task (in this case, the manual tuning of a radio). 
NHTSA selected radio tuning as the reference task \82\ and determined 
that the 85th percentile total eyes off road time (TEORT) associated 
with radio tuning is 12 seconds. Recent testing conducted by the agency 
to assess the proposed acceptance criteria for both the simulator and 
occlusion procedures supports the use of 2-second individual glance 
duration criterion and a12-second TEORT criterion (i.e., a ``2/12 
Rule'').\83\
---------------------------------------------------------------------------

    \80\ 77 FR 11199 (Feb. 24, 2012).
    \81\ 78 FR 24817 (Apr. 26, 2013).
    \82\ The concept of a reference task and the use of radio tuning 
originated with the Alliance Guidelines, Driver Focus-Telematics 
Working Group, ``Statement of Principles, Criteria and Verification 
Procedures on Driver-Interactions with Advanced In-Vehicle 
Information and Communication Systems,'' June 26, 2006 version, 
Alliance of Automobile Manufacturers, Washington, DC.
    \83\ Ranney, T., Baldwin, S., Smith, L., Martin, J., & Mazzae, 
E. (2013). Driver Behavior During Visual-Manual Secondary Task 
Performance: Occlusion Method Versus Simulated Driving (DOT HS 811 
726). Washington, DC: National Highway Traffic Safety 
Administration.
---------------------------------------------------------------------------

    NHTSA has tentatively concluded that because the crash risk 
associated with distraction caused by vehicle OE interfaces and 
portable devices is borne out of similar visual-manual interaction 
between the driver and the device, the Phase 2 Guidelines should apply 
the Phase 1 Guidelines to the proposed Driver Mode. In other words, 
because a driver would be diverting his or her attention away from the 
road to an area within reach and view of the driver compartment, a 
recommendation for a portable device in Driver Mode should be similar 
to that of in-vehicle systems.
    In addition to the recommendations regarding per se lock outs and 
the task acceptance criteria, the proposed Phase 2 Guidelines recommend 
that when in Driver Mode, portable device interfaces conform to the 
following Phase 1 Guidelines recommendations:

 No Obstruction of View
 Easy to See and Reach
 Sound Level
 Single-Handed Operation
 Interruptibility
 Device Response Time
 Disablement
 Distinguish Tasks of Functions not intended for use while 
driving
 Device Status

    Due to the differences between integrated OE interfaces and 
portable devices, the proposed Phase 2 Guidelines do not include the 
Phase 1 recommendations related to maximum downward viewing angle, 
lateral position of visual displays, and minimum size of displayed text 
information. These recommendations relate to the placement of the 
interface or the size of the interface text given that placement. 
Because the placement of a portable device in a vehicle is determined 
by the owner or driver of the vehicle rather than the device 
manufacturer or software designer, the agency has tentatively concluded 
that, as it cannot know for certain where, how, or if the device will 
be mounted, these recommendations are not appropriate for portable 
devices.
    Despite this fact, the agency still believes it is necessary to 
propose a repeatable test that would allow the agency to determine what 
devices conform with the proposed Driver Mode. Such a test, even if it 
does not reflect how all drivers use portable devices in all 
circumstances, would, nevertheless, provide the agency with a benchmark 
to measure conformance across a wide variety of different devices. The 
agency proposes that manufacturers test unpaired portable devices, 
including those in Driver Mode, in a location within a vehicle that, to 
the greatest extent possible, conforms to the recommendations 
enumerated in Phase 1 (i.e. no obstruction of view, easy to see and 
reach) and do not result in the portable device interfering with airbag 
deployment zones or safe operation of the vehicle controls. The agency 
believes that this is a repeatable means to address Driver Mode 
conformance, which may be representative of how the device may be 
mounted in the vehicle by a driver. The agency acknowledges that some 
drivers may not mount their portable device and, instead use it while 
holding it in their hand. However, the agency does not believe it is 
possible or desirable to create a repeatable test based on in-hand use.
    The agency requests comments on differences between vehicle OE 
interfaces and portable devices. Specifically, NHTSA would like to know 
what, if any testing methods, stakeholders currently use (or suggest 
using) to address the varying placements of a portable device inside an 
automobile.
    The Phase 1 Guidelines per se lock outs include activities that are 
discouraged by public policy and, in some instances, prohibited by 
Federal regulation or State law (e.g., entering or displaying text 
messages), and activities identified in industry driver distraction 
guidelines that NHTSA agrees are likely to distract drivers 
significantly (e.g., automatically scrolling text). The per se lock 
outs also address activities that are extremely likely to be 
distracting due to their very purpose of attracting visual attention, 
but whose obvious potential for distraction cannot be measured using a 
task timing system because the activity could continue indefinitely 
(e.g., displaying video or certain images). Below is a detailed 
description of the per se lock outs taken from the Phase 1 Guidelines: 
\84\
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    \84\ 78 FR 24817 (Apr. 26, 2013), available at https://www.federalregister.gov/articles/2013/04/26/2013-09883/visual-manual-nhtsa-driver-distraction-guidelines-for-in-vehicle-electronic-devices (last accessed on 10/4/16).

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[[Page 87676]]

     Device functions and tasks not intended to be used by a 
driver while driving.
     Manual Text Entry. Manual text entry by the driver for the 
purpose of text-based messaging, other communication, or internet 
browsing.
     Displaying Video. Displaying (or permitting the display 
of) video including, but not limited to, video-based entertainment and 
video-based communications including video phoning and 
videoconferencing.
     Exceptions: \85\
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    \85\ Certain exceptions to the video per se lock out are not 
listed here because it is unlikely that a portable or aftermarket 
device's interface would include that type of functionality (e.g., 
rearview images used to aid the driver performing a maneuver in 
which the vehicle's transmission is in reverse gear). However, all 
of the display of video per se lock out exceptions listed in the 
Phase 1 Guidelines would also be applicable to portable and 
aftermarket devices.
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     Map displays. The visual presentation of dynamic map and/
or location information in a two-dimensional format, with or without 
perspective, for the purpose of providing navigational information or 
driving directions when requested by the driver (assuming the 
presentation of this information conforms to all other recommendations 
of these Guidelines). However, the display of informational detail not 
critical to navigation, such as photorealistic images, satellite 
images, or three-dimensional images is not recommended.
     Displaying Images. Displaying (or permitting the display 
of) non-video graphical or photographic images.
     Exceptions:
     Displaying driving-related images including maps (assuming 
the presentation of this information conforms to all other 
recommendations of these Guidelines). However, the display of map 
informational detail not critical to navigation, such as photorealistic 
images, satellite images, or three-dimensional images is not 
recommended.
     Static graphical and photographic images displayed for the 
purpose of aiding a driver to efficiently make a selection in the 
context of a non-driving-related task (e.g., music) is acceptable if 
the image automatically extinguishes from the display upon completion 
of the task. If appropriate, these images may be presented along with 
short text descriptions that conform to these Guidelines.
     Internationally standardized symbols and icons, as well as 
TrademarkTM and Registered[supreg] symbols, are not 
considered static graphical or photographic images.
     Automatically Scrolling Text. The display of scrolling 
(either horizontally or vertically) text that is moving at a pace not 
controlled by the driver.
     Displaying Text to Be Read. The visual presentation of the 
following types of non-driving-related task textual information:

 Books
 Periodical publications (including newspapers, magazines, 
articles)
 Web page content
 Social media content
 Text-based advertising and marketing
 Text-based messages (see definition) and correspondence

     Exception:
     The visual presentation of limited amounts of other types 
of text during a testable task is acceptable. The maximum amount of 
text that should be visually presented during a single testable task is 
determined by the eye-glance-based acceptance tests.
    The agency requests comment on the applicability of the Phase 1 per 
se lock outs to portable devices. Are additional exceptions needed for 
certain portable device tasks? Are there additional portable device 
tasks that should be included in the per se lock outs if the device has 
a Phase 1 Guidelines-conforming Driver Mode interface?
2. Driver Mode Activation
    The Phase 2 Guidelines' proposed recommendations regarding the 
activation of the Driver Mode would differ significantly from the Phase 
1 Guideline's recommendations in terms of when OE in-vehicle devices 
should lock out certain tasks and meet certain other device 
recommendations.
    In particular, the Phase 1 Guidelines recommend that OE in-vehicle 
devices should lock out certain tasks from performance by the driver 
while ``driving.'' ``Driving'' is defined as whenever a vehicle's means 
of propulsion is activated unless the vehicle's transmission is in the 
``Park'' position or, for manual transmission vehicles, the vehicle's 
transmission is in the ``neutral'' position, the parking brake is 
engaged, and the vehicle's speed is less than 5 mph.
    This definition was based on definitions used in various statutes, 
regulations, and Executive Orders related to distracted driving,\86\ 
which defined driving as operating a vehicle on an active roadway with 
the motor running, including while temporarily stationary because of 
traffic, traffic control devices, etc. The agency was also concerned 
that limiting ``driving'' to when a vehicle is traveling above a 
certain speed could result in drivers performing distracting tasks at 
low speeds, creating an increased risk of a crash at signal- or sign-
controlled intersections and in traffic. Accordingly, by using existing 
definitions as a foundation, the agency developed a definition that is 
based on information known to, or able to be detected by vehicle 
systems: Transmission position, vehicle speed, and the status of the 
parking brake.
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    \86\ 23 U.S.C. 405(e)(9)(A); 49 CFR 392.80, Executive Order 
13513, ``Federal Leadership on Reducing Text Messaging While 
Driving,'' October 1, 2009; MAP-21 Public Law 112-114, 126 Stat. 405 
(July 6, 2012).
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    In analyzing how to apply the Phase 1 Guidelines to portable and 
aftermarket devices, the agency has determined activation of Driver 
Mode is dependent upon the technologies and features present, as well 
as the level of communication between a portable/aftermarket device and 
a vehicle. Based on these considerations, the agency has developed two 
alternative methods for activating Driver Mode.
    The first option, and the one encouraged by the agency, is 
automatic activation, meaning that Driver Mode automatically engages 
within a reasonable period of time when the portable device by itself 
or in conjunction with the vehicle distinguishes that it is being used 
by a driver while driving. If desired, the user would have the ability 
to deactivate or opt-out of automatic engagement of Driver Mode. Like 
the ``driving'' condition described in the Phase 1 Guidelines, this 
definition is based on information (e.g., vehicle speed) that can be 
determined by the portable device if it has the appropriate sensors 
like GPS to measure the speed of the motor vehicle, or if the 
information is transmitted from the vehicle to the portable device. The 
Phase 1 definition of driving may be suitable if the automatic 
distinction technology can also access speed or transmission state 
information directly from the vehicle. Examples of automatic 
distinction technologies that had direct connection to the vehicle, and 
therefore could have access to vehicle speed or transmission state, 
were presented at NHTSA's Phase 2 Public Meeting.\87\ The agency 
requests comment on whether the final guidelines should include 
specific triggering factors or a specific timeframe for Driver Mode to 
automatically

[[Page 87677]]

activate, such as the vehicle speed (e.g., a speed that can reasonably 
be attributed to a motor vehicle as opposed to non-motorized 
transportation) at which an automatic activation would engage, as well 
as other potential triggering factors. Additionally, NHTSA requests 
comment on the 5 mph speed threshold applicable to the definition of 
``driving'' for vehicles without a ``Park'' position (e.g. manual 
transmission vehicles).
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    \87\ Docket No. NHTSA-2013-0137, ``Driver Distraction Guidelines 
(Phase 2) for Portable and After-Market Devices Public Meeting 
Agenda and Presentations'' ID: NHTSA-2013-0137-0004. Available at 
http://www.regulations.gov/#!docketDetail;D=NHTSA-2013-0137 (last 
accessed on 10/4/16).
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    The agency recognizes that automatic activation technologies are 
still in the process of being refined, and, without the ability to 
reliably detect whether the device user is the driver or a passenger, 
may be overly annoying to device users. Accordingly, the agency is 
proposing a second option, voluntary activation, meaning that the 
Driver Mode is activated in a simple manner by the user. In other 
words, under this option, Driver Mode is manually activated by the 
driver rather than automatically. The agency expects technologies that 
support automatic Driver Mode activation to be implemented as soon as 
practicable. In order to provide flexibility, NHTSA has not included 
any additional specific recommendations on how activation of Driver 
Mode should be designed. The agency requests comment on whether 
additional specification should be included in the final guidelines.
    Recognizing that some drivers may choose not to activate Driver 
Mode, and accordingly, not reduce the distraction potential of the 
portable device, the agency foresees driver-initiated activation being 
a temporary option in the Phase 2 Guidelines until driver-passenger 
distinction technology is more developed and widely available. The 
agency expects such technology to be implemented as soon as 
practicable. The agency recognizes the inherent limitations of a 
driver-activated Driver Mode and seeks comment on alternative 
approaches to Driver Mode activation as a temporary option until 
driver-passenger distinction technology is implemented.

E. Aftermarket Devices

    The US DOT's Blueprint for ending Distracted Driving specified that 
aftermarket electronic devices would be addressed in NHTSA's Phase 2 
Guidelines. In line with the Blueprint, the Phase 2 Guidelines propose 
to make recommendations for aftermarket devices. Tentatively, the 
agency concludes that recommendations applicable to OE manufacturers in 
the Phase 1 Guidelines shall be recommendations to aftermarket 
electronic device manufacturers.
    Aftermarket devices include communication, entertainment, or 
navigation devices that are designed to be or would be reasonably 
expected to be installed or integrated after the vehicle is 
manufactured, are often incorporated into existing OE slots in the 
dashboard or are permanently affixed to the top surface of the 
dashboard. Examples of aftermarket devices include in-dash car stereos/
receivers and in-dash navigation devices. While aftermarket devices are 
addressed in the same guideline document as portable devices, there are 
notable differences between portable and aftermarket devices. As 
aftermarket devices are typically hardwired into a vehicle, they are 
not likely to be moved in and out of a vehicle like portable devices. 
Additionally, because there is a physical link between an aftermarket 
device and the vehicle, there is no need for any pairing 
recommendation, as the vehicle and aftermarket device are linked by 
virtue of installation.
    With regard to placement within the vehicle, the installation 
location of an aftermarket device is likely to be either on the 
dashboard or in a vacated spot in the dash previously occupied by an OE 
interface. NHTSA has tentatively concluded that because the crash risk 
associated with distraction caused by OE interfaces and aftermarket 
devices is borne out of similar visual-manual interaction from the same 
location in a vehicle, the Phase 2 Guidelines should apply the Phase 1 
guidelines to aftermarket devices. In many cases, aftermarket devices 
serve as replacement devices for vehicle OE systems, replacing the 
function of OE units while occupying the same location within a 
vehicle. NHTSA is seeking comment on this approach.

IV. Expected Effects of the Phase 2 Guidelines

    NHTSA's overall expectation for the Phase 2 Distraction Guidelines 
is to provide a safety framework for developers of portable and 
aftermarket electronic devices and applications to use when developing 
their systems that will reduce driver distraction through two specific 
technological means. First, NHTSA envisions easy pairing solutions for 
users of portable devices in their vehicles that will result in 
accelerated growth and acceptance of pairing, leading to pairing 
implementations throughout entire vehicle lineups and trim levels. 
Pairing solutions should become seamless, thereby fostering highly 
efficient interactions between the drivers, portable devices, and in-
vehicle electronics systems. Second, NHTSA expects these guidelines 
will encourage the further growth and innovation of automatic driver 
distinction technologies that will enable more practical and pervasive 
Driver Mode implementations for portable devices in unpaired scenarios. 
The development of automatic driver distinction technologies and 
consequently Driver Mode interfaces should result in reduced 
distraction when used by drivers while driving. Again, the agency's 
goal is that information available to the driver inside the vehicle 
will not cause an unsafe level of distraction to the driver (either by 
functions being locked out or conforming to the applicable Phase 1 
Guidelines' 2/12 performance criteria).
    In addition, NHTSA expects that through these guidelines, 
automotive OEMs, application developers, portable and aftermarket 
device manufacturers, operating system providers, wireless carriers, 
and all involved stakeholders will jointly work together with the 
primary goal of reducing fatalities, injuries, and crashes attributable 
to the use of portable and aftermarket devices by drivers. NHTSA 
expects that the proposed guidelines will serve as a framework for 
stakeholders to continue developing a variety of technologies and 
designs that reduce visual-manual distraction while driving. 
Ultimately, these proposed Guidelines will raise awareness of driver 
distraction and elevate vehicle safety to a top priority within the 
product development processes for these wide-ranging organizations.

A. Estimated Time for Conformance

    NHTSA wants to make it absolutely clear that since its Driver 
Distraction Guidelines are voluntary and non-binding, they do not have 
a ``lead time'' in the same way that a FMVSS or other regulation has a 
lead time. Portable and aftermarket device manufacturers, application 
developers, and vehicle manufacturers are not required to meet the 
NHTSA Guidelines.
    NHTSA stated that it anticipated vehicle manufacturers would 
incorporate Phase 1 conformance into their normally scheduled 
production cycles, and therefore NHTSA anticipates seeing production 
vehicles that conform to Phase 1 Guidelines no sooner than three years 
from the publication of Phase 1. NHTSA recognizes that the production 
cycles for portable devices are dramatically shorter than for vehicles; 
therefore NHTSA seeks comment on reasonable conformance testing timing 
for Phase 2. We believe 16 months is appropriate given the speed at 
which technology changes and the time needed to benchmark product 
against

[[Page 87678]]

the final guidelines. We understand that a portable device's ability to 
pair with a vehicle inherently requires some coordination with vehicle 
OEMs. We request comment on the appropriateness of this timeframe.
    The agency also notes that the Guidelines are just one of many 
efforts by both government and industry to address the distracted 
driving problem. The NHTSA Distraction Plan \88\ describes the Agency's 
comprehensive approach to the distraction problem. NHTSA has approached 
the driver distraction problem from multiple fronts, from a better 
understanding of the issue of distraction by improving the quality of 
data on the incidence, prevalence, and crash risk from distraction, to 
public service messages (e.g., ``One text or call could wreck it 
all''), to working with states on enforcement programs and improving 
laws, to producing the Distraction Guidelines. Industry has also worked 
hard to promote anti-driver-distraction awareness and message 
campaigns, as well as working toward guidance and tools for less 
distracting devices and built-in user interfaces. NHTSA's Guidelines 
are an important complementary effort against driver distraction.
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    \88\ NHTSA. (2010). Overview of the National Highway Traffic 
Safety Administration's Driver Distraction Program, (DOT HS 811 
299). Available at http://www.nhtsa.gov/staticfiles/nti/distracted_driving/pdf/811299.pdf (last accessed on 10/4/16).
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B. NHTSA Monitoring of Portable and Aftermarket Device Conformance With 
the Guidelines

    NHTSA's Office of Vehicle Safety Research intends to perform future 
monitoring to assess conformance to our Driver Distraction Guidelines. 
Whereas the details of this monitoring have yet to be determined, we 
plan to test actual production vehicles, and production portable and 
aftermarket devices. Vehicles, portable and aftermarket devices, and 
applications will be selected for such monitoring so that they 
represent a representative portion of makes and models available for 
public consumption. NHTSA envisions that these test results would be 
made available to the public.

V. Authority To Issue the Phase 2 Guidelines

    The agency's authority to issue the voluntary, non-binding \89\ 
Phase 2 Guidelines is clear under both the Highway Safety Act and the 
Vehicle Safety Act.\90\ NHTSA's statutory mandate is to reduce traffic 
accidents and deaths and injuries resulting from traffic accidents.\91\ 
To carry out this mandate, NHTSA is authorized to conduct and act on 
both behavioral safety and vehicle safety research. Congress directed 
the Secretary of Transportation, through amendments to the Highway 
Safety Act, to assist and cooperate with private industry (among 
others) to increase highway safety.\92\ Additionally, the Vehicle 
Safety Act states NHTSA ``shall conduct research, development, and 
testing on any area or aspect of motor vehicle safety necessary to 
carry out this chapter.'' \93\ More specifically, NHTSA ``shall . . . 
conduct motor vehicle safety research, development, and testing 
programs and activities, including activities related to new and 
emerging technologies that impact or may impact motor vehicle safety.'' 
\94\
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    \89\ See Fixing America's Surface Transportation Act, Public Law 
114-94, 24406 (2015) (``No guidelines issued by the Secretary with 
respect to motor vehicle safety shall confer any rights on any 
person, State, or locality, nor shall operate to bind the Secretary 
or any person to the approach recommended in such guidelines'').
    \90\ We note that questions have been raised by, among others, 
CTA and CTIA concerning NHTSA's authority to regulate portable 
devices and applications. Although not at issue in these voluntary 
guidelines, the agency points out that it has such authority to the 
extent these technologies function as ``motor vehicle equipment'' as 
defined by the Vehicle Safety Act. That said, NHTSA does not have 
any current plans to develop such regulations and, as we explain 
throughout, the guidelines proposed today are not regulations, but 
are rather voluntary and non-binding.
    \91\ 49 U.S.C. 30101 (``The purpose of this chapter is to reduce 
traffic accidents and deaths and injuries resulting from traffic 
accidents. Therefore it is necessary--(1) to prescribe motor vehicle 
safety standards for motor vehicles and motor vehicle equipment in 
interstate commerce; and (2) to carry out needed safety research and 
development.''). Delegated to NHTSA at 49 CFR 1.95.
    \92\ 23 U.S.C. 401. Delegated to NHTSA at 49 CFR 1.95.
    \93\ 49 U.S.C. 30181. Delegated to NHTSA at 49 CFR 1.95.
    \94\ 49 U.S.C. 30182 (``Powers and duties''). Sections 30181-
30182 were added to the Safety Act by the Moving Ahead for Progress 
in the 21st Century Act (MAP-21), Public Law 112-141, 31204 (2012). 
Prior to this, the Safety Act provisions authorizing NHTSA's motor 
vehicle safety research and development were contained in Sec.  
30168. MAP-21 deleted Sec.  30168 as redundant material. See MAP-21 
Sec.  31204. Delegated to NHTSA at 49 CFR 1.95.
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    By issuing these Guidelines, NHTSA seeks to fulfill its duties 
under both the Highway Safety Act and the Vehicle Safety Act. The 
foundation for these Guidelines is the agency research on distraction 
caused by portable and aftermarket devices, and our evaluation of 
research from other experts. The agency believes that today's 
guidelines are an effective way of expressing NHTSA's research 
conclusions. Encapsulating and publishing research results in the form 
of recommendations, best practices, or guidelines is not novel for this 
agency.\95\ Further, these Guidelines are a way for NHTSA to provide 
private industry with assistance on practical ways of applying the 
existing research to their portable application/device designs so as to 
encourage their customers to use these devices and applications 
appropriately when in the motor vehicle. Moreover, by releasing these 
guidelines for public comment, we are cooperating with private industry 
and other members of the public toward increasing highway safety in 
this important area.
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    \95\ See, e.g., Effectiveness and Acceptance of Enhanced Seat 
Belt Reminder Systems: Characteristics of Optimal Reminder Systems 
Final Report, DOT HS 811 097, Sec.  5.4 (``Recommended System 
Characteristics'') (2009).
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    Additionally, we note that in recently enacting the Fixing 
America's Surface Transportation Act,\96\ Congress included a provision 
regarding the agency's ability to issue non-binding guidance. While the 
provision provides that ``[n]othing in the subsection shall be 
construed to confer any authority upon or negate any authority of the 
Secretary to issue guidelines under this chapter,'' we note that the 
only such guidelines that the agency has issued or announced plans to 
issue in recent years are those relating to distraction.
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    \96\ Public Law 114-94, 24406 (2015).
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    As NHTSA has stated in various agency documents, the guidelines for 
portable devices are a crucial part of a comprehensive, multi-pronged 
effort to address driver distraction. Taking a comprehensive approach 
that addresses behavioral, technological, and environmental risk 
factors is standard practice in the injury prevention field.\97\ While 
the states' achievements in addressing the behavioral aspects of 
distracted driving are commendable, we believe more needs to be done to 
address the other two types of risk factors. As we mentioned earlier, 
the 2014 statistics show that, taking account of all different types of 
distractions, a substantial portion (10%) of all fatal crashes still 
involves at least one distracted driver. Further, a substantial portion 
of distraction-affected fatal crashes (13%) involve cell phone use. 
NHTSA estimates that 404 lives were lost in cell phone-involved fatal 
crashes in that year. This represents 1.2 percent of traffic fatalities 
for that year.
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    \97\ The interrelationship of the elements of this practice is 
graphically depicted in the well-known analytical and planning tool 
known as the Haddon Matrix.
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    Accordingly, we believe that private industry could effectively 
complement the state efforts by addressing the technological risk 
factors related to portable application/device use and

[[Page 87679]]

driving. Furthermore, the relationship between portable devices/
applications and driver distraction makes it incumbent upon the US DOT 
to utilize NHTSA's safety expertise to assist private industry in 
understanding and addressing issues related to the effects of portable 
application/device design on driver behavior. The contribution of these 
devices to driver distraction is an important and growing motor vehicle 
safety challenge. However, manufacturers of these products generally do 
not have motor vehicle safety expertise, or do not design their 
products with full knowledge of the potential effects on driving, 
especially those devices designed for general use, rather than 
specifically for use while driving. In developing these guidelines in 
consultation with industry and the public, NHTSA is using its expertise 
regarding the variety of factors \98\ that adversely affect driver 
performance to assist private industry in improving portable devices/
applications in ways that increase highway safety by making it easier 
for the driver to avoid engaging in distracting behaviors.
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    \98\ In addition to distraction, these factors include problems 
like fatigue, sleepiness, and intoxication.
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VI. Public Participation

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments.
    Your comments should not be more than 15 pages long. (See 49 CFR 
553.21.) We 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.
    Comments may be submitted to the docket electronically by logging 
onto the Docket Management System Web site at http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    You may also submit two copies of your comments, including the 
attachments, to Docket Management at the address given above under 
ADDRESSES.
    Please note that pursuant to the Data Quality Act, in order for 
substantive data to be relied upon and used by the agency, it must meet 
the information quality standards set forth in the Office of Management 
and Budget (OMB) and US DOT Data Quality Act guidelines. Accordingly, 
we encourage you to consult the guidelines in preparing your comments. 
OMB's guidelines may be accessed at http://www.whitehouse.gov/omb/fedreg/reproducible.html. The US DOT's guidelines may be accessed at 
https://www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/subject_areas/statistical_policy_and_research/data_quality_guidelines/html/guidelines.html.

How can I be sure that my comments were received?

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

How do I submit confidential business information?

    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 Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address 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 our confidential 
business information regulation. (49 CFR part 512.)

Will the agency consider late comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date. If a comment 
is received too late for us to consider in developing the final 
guidelines, we will consider that comment as an informal suggestion for 
future guidelines.

How can I read the comments submitted by other people?

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

VII. National Technology Transfer and Advancement Act of 1995 (NTTAA)

    Under the National Technology Transfer and Advancement Act of 1995 
(NTTAA) (Pub. L. 104-113), all Federal agencies and departments must 
use technical standards that are developed or adopted by voluntary 
consensus standards bodies, using such technical standards as a means 
to carry out policy objectives or activities determined by the agencies 
and departments, except when use of such a voluntary consensus standard 
would be inconsistent with the law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus 
standards bodies, such as SAE International (SAE). The NTTAA directs 
agencies to provide Congress, through OMB, explanations when the agency 
decides not to use available and applicable voluntary consensus 
standards.
    As part of the Phase 1 Guidelines, NHTSA identified a number of 
voluntary consensus standards related to distracted driving. After 
careful consideration, the agency incorporated several of these 
standards into the test methods in the Phase 1 Guidelines: ISO 
International Standard 15008:2003, ``Road vehicles--Ergonomic aspects 
of transport information and control systems--Specifications and 
compliance procedures for in-vehicle visual presentation''; ISO 
International Standard 16673:2007(E), ``Road Vehicles--Ergonomic 
Aspects of Transport Information and Control Systems--Occlusion Method 
to Assess Visual Demand due to the use of In-Vehicle Systems''; and 
multiple versions of SAE Recommended Practice J941, ``Motor Vehicle 
Drivers' Eye Locations,'' including SAE J941 (June 1992), SAE J941 
(June 1997), SAE J941 (September 2002), SAE J941 (October 2008), and 
SAE J941 (March 2010). Because the proposed Phase 2 Guidelines involve 
the use of the Phase 1 Guidelines test procedure, with several 
modifications, as described in

[[Page 87680]]

detail above, these standards are, by extension, included by reference 
in the Phase 2 Guidelines.
    The agency requests comment on any other voluntary consensus 
standards appropriate for use in these Guidelines.

Visual-Manual NHTSA Driver Distraction Guidelines for Portable and 
Aftermarket Devices (Phase 2 Guidelines)

I. Purpose

    The purpose of the NHTSA driver distraction guidelines is to reduce 
the number of motor vehicle crashes and the resulting deaths and 
injuries that occur due to a driver being distracted from the primary 
driving task while performing secondary activities with a portable or 
aftermarket device within the vehicle.
    Phase 2 extends and tailors the recommendations specified in the 
Phase 1 Visual-Manual NHTSA Driver Distraction Guidelines for In-
Vehicle Electronic Devices (henceforth referred to as ``Phase 1 
Guidelines'') to cover portable and aftermarket devices. These 
Guidelines are presented as an aid to vehicle manufacturers, portable 
and aftermarket device manufacturers, developers, carriers, and 
application developers in designing products that discourage unsafe 
driver distraction resulting from use of the devices. Adherence to 
these guidelines is voluntary and conformance with them is not 
required.

A. Driver Responsibilities

    These Guidelines are meant to reduce the potential distraction 
associated with portable and aftermarket device interfaces. A portable 
or aftermarket device's conformance with these Guidelines does not mean 
that the device is safe to use while driving. It remains the driver's 
responsibility to ensure the safe operation of the vehicle under all 
operating conditions and to comply with all traffic laws, including 
those that ban texting and/or the use of hand-held devices while 
driving.

II. Scope

A. Devices and Interfaces

    1. General Device and Interface Applicability. These Guidelines are 
applicable to the visual-manual portions of a portable or aftermarket 
device's human-machine interface. These Guidelines are applicable to 
device interfaces regardless of the class or size of the vehicles in 
which the portable or aftermarket devices may be used.
    2. Exclusions.
    These Guidelines are not applicable to:
    a. The auditory-vocal portions of a portable or aftermarket 
device's human-machine interface.
    b. A device manufactured primarily for use in one of the following:

1. Ambulances
2. Firefighting vehicles
3. Military vehicles
4. Vehicles manufactured for use by the United States Government or a 
State or local government for law enforcement, or
5. Vehicles manufactured for other emergency uses as prescribed by 
regulation by the Secretary of Transportation.

    c. A device or device function, control, and/or display specified 
by Federal, State, or local law or regulation.

B. Tasks

    1. General Task Applicability. These Guidelines are applicable to 
the same types of tasks covered by the Phase 1 Guidelines, including 
all non-driving-related tasks and some driving-related tasks. Table 1 
contains a non-exhaustive list of the types of non-driving-related 
tasks to which these Guidelines are applicable.

  Table 1--Non-Driving-Related Tasks/Devices To Which These Guidelines
                                  Apply
------------------------------------------------------------------------
        Type of task                          Task/device
------------------------------------------------------------------------
Communications..............  Caller Identification, Incoming Call
                               Management, Initiating and Terminating
                               Phone Calls, Conference Phoning, Two-Way
                               Radio Communications, Paging, Address
                               Book, Reminders, Text-Based
                               Communications, Social Media Messaging or
                               Posting.
Entertainment...............  Radio (including but not limited to AM,
                               FM, Internet, and Satellite), Pre-
                               recorded Music Players, All Formats,
                               Television, Video Displays, Advertising,
                               Internet Browsing, News, Directory
                               Services.
Information.................  Display and other information settings and
                               preferences.
------------------------------------------------------------------------

    These Guidelines are also applicable to driving-related tasks that 
are neither related to the safe operation and control of the vehicle 
nor involve the use of a system required by law. Examples of driving-
related tasks to which these Guidelines are applicable include:

1. Driver Information functions
2. Route navigation functions.

    2. Exclusions. These Guidelines are not applicable to the driving-
related tasks that are performed by the driver as part of the safe 
operation and control of the vehicle, including any task relating to 
the proper use of a driver safety warning system (e.g., lane departure 
warning and forward collision warning systems). These include 
applications for portable and aftermarket devices that assist the 
driver in the mitigation and avoidance of crashes.

III. Definitions

A. Definitions From the Phase 1 Guidelines

    The following terms are defined in the Phase 1 Guidelines, and have 
the same meaning in these Guidelines:
    1. Device means all components that a driver uses to perform 
secondary tasks (i.e., tasks other than the primary task of safe 
operation and control of the vehicle); whether stand-alone or 
integrated into another device.
    2. Distraction means the diversion of a driver's attention from 
activities critical for safe operation and control of a vehicle to a 
competing activity.
    3. Driving means whenever the vehicle's means of propulsion (engine 
and/or motor) is activated unless one of the following conditions is 
met:
    a. For a vehicle equipped with a transmission with a ``Park'' 
position--The vehicle's transmission is in the ``Park'' position.
    b. For a vehicle equipped with a transmission without a ``Park'' 
position--All three of the following conditions are met:
    i. The vehicle's parking brake is engaged, and
    ii. The vehicle's transmission is known (via direct measurement 
with a sensor) or inferred (by calculating that the rotational speed of 
the engine divided by the rotational speed of the driven wheels does 
not equal, allowing for production and measurement tolerances, one of 
the overall gear ratios of the transmission/vehicle) to be in the 
neutral position, and
    iii. The vehicle's speed is less than 5 mph.
    4. Function means an individual purpose which the device is 
designed to fulfill. A device may have one or more functions.

[[Page 87681]]

    5. Interaction means an input by a driver to a device, either at 
the driver's initiative or as a response to displayed information. 
Interactions include control inputs and data inputs (information that a 
driver sends or receives from the device that is not intended to 
control the device). Depending on the type of task and the goal, 
interactions may be elementary or more complex. For the visual-manual 
interfaces covered by this version of these Guidelines, interactions 
are restricted to physical (manual or visual) actions.
    6. Lock Out means the disabling of one or more functions or 
features of a device so that the related task cannot be performed by 
the driver while driving.
    7. Manual Text Entry means manually inputting individual 
alphanumeric characters into an electronic device. For the purposes of 
these Guidelines, digit-based phone dialing is not considered manual 
text entry.

B. Additional Definitions

    1. Aftermarket Device means a Device that is designed to be or can 
reasonably be expected to be installed or integrated into a vehicle 
after the vehicle is manufactured, is electrically powered, and has one 
or more of the following capabilities:
    a. Allows user interaction;
    b. Enters, sends, and/or receives information;
    c. Enables communication with other people, devices, or machines;
    d. Displays information in a visual and/or auditory manner; or
    e. Displays graphical images, photographic images, and/or video.
    2. Application, or App, means a specialized software program that 
is installed on an OEM, portable or aftermarket device.
    3. Driver Mode means a simplified user interface for an unpaired 
portable device that is designed for operation by a driver while 
driving.
    4. Driver safety warning system means a system or application that 
is intended to assist the driver in the avoidance or mitigation of 
crashes.
    5. Human-Machine Interface (HMI) means the input and output 
mechanisms that mediate the interactivity between an electronic system 
and human operator. User Interface (UI) is another commonly used term 
for HMI.
    6. In-Vehicle System means an OEM or aftermarket system that is 
permanently installed.
    7. PAD means a portable or aftermarket device.
    8. Paired means integrated, connected, or coupled to an in-vehicle 
system's visual display, audio system, and/or controls through either 
wired or wireless connection methods so that the in-vehicle system has 
control over the portable device's prioritization, manipulation, and 
the presentation of information that originates from both local and/or 
off-board sources.
    9. Portable Device means a device that can reasonably be expected 
to be brought into a vehicle on a trip-by-trip basis and to be used by 
a driver while driving, that is electrically powered, and that has one 
or more of the following capabilities:

a. Allows user interaction
b. Enters, sends, and/or receives information
c. Displays information in a visual and/or auditory manner, or
d. Displays graphical images, photographic images, and/or video

IV. Device Interface Recommendations

A. Overview of Device Interface Recommendations

    Figure 2 below is a flow diagram that summarizes the overall 
recommendations for both portable and aftermarket devices. For the 
Driver Mode recommendation, the diagram depicts the preferred automatic 
activation with the recognition that driver distinction technology is 
not currently available in a product-level state. When the distinction 
technology matures to an implementable state, NHTSA strongly recommends 
that it be applied to managing the interaction of unpaired portable 
devices. Manual activation of Driver Mode by the driver, also depicted 
in Figure 2, is NHTSA's temporary recommendation until the preferred 
automatic activation configuration is available. For the remainder of 
this section, the recommendations for aftermarket and portable devices 
are presented separately.

[[Page 87682]]

[GRAPHIC] [TIFF OMITTED] TN05DE16.003

B. Aftermarket Devices

    Installed aftermarket devices should meet the requirements as 
specified for OE interfaces in the Phase 1 Guidelines.

C. Portable Devices Should Be Paired

1. Ease of Pairing
    Vehicle manufacturers and portable device manufacturers should 
provide the necessary mechanisms to enable pairing between the portable 
device and in-vehicle system. Pairing should be an easy-to-understand 
task that allows the driver to set up their portable device with their 
in-vehicle system with the fewest number of steps possible.
2. Disablement of Pairing Process
    If the initial or subsequent pairing process between the portable 
device and in-vehicle system requires visual-manual interaction by the 
driver, the initial process of pairing should be disabled while 
driving.
3. Portable Device Interface Lock Outs While Paired
    Portable device control input means should be locked out when the 
portable device is paired to the in-vehicle system and Driver mode on 
the device is activated. The functions and applications on the portable 
device should be operable exclusively through the in-vehicle system's 
interface with the exception of accessing emergency services and 
messages.
4. Emergency Services, Alerts, and Notifications
    In the event that emergency services are required, access through 
the locked out paired portable device interface should be quick and 
easily accessible for the driver. Along with access to emergency 
services, the receiving of emergency notifications and alerts as text 
messages should be allowable for display on the paired portable device 
interface. All emergency messaging and alert services should follow the 
standard protocol as specified by the Wireless Emergency Alerts (WEA) 
system which is managed by the Federal Communications Commission (FCC) 
and the Federal Emergency Management Agency (FEMA).

D. Portable Devices Should Incorporate Driver Mode for Unpaired Use

1. Driver Mode
    Portable devices should have a Driver Mode that consists of a 
simplified interface that is available to the driver when the device is 
unpaired, either because the in-vehicle system and/or portable device 
does not possess the capability for pairing or because the driver 
chooses not to pair with the in-vehicle system. However, a portable 
device designed primarily for use while driving and whose native 
interface design conforms to the Phase 1 Guidelines recommendations can 
be considered to essentially always be in driver mode and therefore 
would not warrant a separate mode for use while driving.
    The Driver Mode interface should conform to the Phase 1 Guidelines 
for electronic devices used by the driver while driving. Specifically, 
while in Driver Mode, the portable device should adhere to the per se 
lock out tasks listed in sections V.F.1 through V.F.6 of the Phase 1 
Guidelines.


[[Page 87683]]


1. Device functions and tasks not intended to be used by a driver while 
driving
2. Manual text entry
3. Displaying video
4. Displaying images
5. Automatically scrolling text
6. Displaying text to be read

    Driver Mode should also lock out any non-driving-related task or 
driving-related task that does not conform to one of the task 
acceptance methods in Section VI of these Guidelines. The portable 
device should also conform to the following subsections of the Phase 1 
Guidelines Section V:

A. No Obstruction of View
B. Easy to See and Reach
F. Per Se Lock Outs (listed in previous paragraph)
G. Acceptance Test-Based Lock Out of Tasks
H. Sound Level
I. Single-Handed Operation
J. Interruptibility
K. Device Response Time
L. Disablement
M. Distinguish Tasks or Functions not intended for use while driving
N. Device Status
2. Emergency Services, Alerts, and Notifications
    In the event that emergency services are required, access through 
the portable device Driver Mode interface should be quick and easily 
accessible for the user. Along with access to emergency services, the 
receiving of emergency notifications and alerts as text messages should 
be allowable for display on the Driver Mode interface. All emergency 
messaging and alert services shall follow the standard protocol as 
specified by the WEA system which is managed by the FCC and the FEMA.
3. Driver Mode Activation
    a. Option 1--Automatic Activation. Driver mode automatically 
activates within a reasonable period of time when the portable device: 
(1) Is not paired with the in-vehicle system, and (2) by itself, or in 
conjunction with the vehicle in which it is being used, distinguishes 
that it is being used by a driver who is driving. The driver mode does 
not activate when the device is being used by a non-driver.
    i. Development of technologies that can distinguish between a 
device being used by a driver and a device being used by a passenger 
and appropriately alter, limit, or eliminate their visual-manual 
interfaces when used by a driver is encouraged. In the case in which 
Driver Mode is automatically activated in a moving vehicle, the 
technology should be able to distinguish the driver-operated devices 
from the passenger-operated devices to a high-degree of accuracy and 
reliability; and be executed in a prompt manner relative to the 
starting motion of the driver's vehicle.
    b. Option 2--Driver Activation. Driver Mode is activated by the 
driver before driving. If this option is used, Driver Mode should be 
easily accessible via the portable device's software or hardware user 
interface, enabling the driver to engage Driver Mode quickly and with 
the fewest number of steps possible.
4. Unpaired Portable Device Location
    A specific location for an unpaired portable device (e.g., mounting 
location) is not specified in these guidelines. The test location 
described in the Task Acceptance Testing section is for testing 
purposes only and not considered a recommendation for device placement.

V. Task Acceptance Testing

    Task acceptance testing for portable devices should use the same 
test methods as those described in the Phase 1 Guidelines Section VI. 
The specific procedures for Eye Glance Measurement Using Driving 
Simulator Testing and Occlusion Testing are incorporated by reference, 
as detailed in the following subsections of the Phase 1 Guidelines 
Section VI:
    A. Test Participant Recommendations.
    B. Test Participant Training Recommendations.
    C. Driving Simulator Recommendations.
    D. Recommended Driving Simulator Scenario.
    E. Eye Glance Measurement Using Driving Simulator Test Procedure.
    F. Eye Glance Characterization.
    G. Occlusion Testing.
    H. Text Performance Errors During Testing.
    The Acceptance Criteria detailed in the Phase 1 Guidelines for both 
the Simulator (Section VI.E.14) and Occlusion (Section VI.G.17) test 
methods are also applicable for testing portable devices.

A. Additional Test Procedures for Portable and Aftermarket Devices

    1. Permanently Installed Aftermarket Devices. Devices that are 
intended to be permanently installed in the vehicle should be tested in 
the location prescribed by the device manufacturer, and according to 
the test procedures noted above. Such prescribed installation locations 
should conform to the guidelines specified in the following subsections 
from Phase 1 Guidelines Section V:
    A. No Obstruction of View.
    B. Easy to See and Reach.
    C. Maximum Display Downward Angle.
    D. Lateral Position of Visual Displays.
    2. Paired Devices: Testing procedures assume the portable device is 
already paired to the vehicle system, as defined in Section III. 
Because the testing of the paired portable device will use the built-in 
display and controls system, the location of the paired portable device 
itself is not specified.
    3. Unpaired Devices: Unpaired portable devices should only be 
tested in a mounted location using tasks that are accessed through the 
Driver Mode interface. NHTSA recognizes that there are substantial 
variations in portable device mounting hardware options and vehicle 
interior designs that are available to drivers. As such, unpaired 
portable devices should be mounted within a vehicle to the greatest 
extent possible to the following recommendations:
    a. The mount location should conform to the recommendations 
specified in the Phase 1 Guidelines Section V.A through Section V.D 
noted above.
    b. The mounting location should not result in the portable device 
interfering with airbag deployment zones or safe operation of the 
vehicle controls (e.g., steering wheel, gear shifter, etc.).

VI. Driver Distraction Guidelines Interpretation Letters

    NHTSA intends to clarify the meaning of its Driver Distraction 
Guidelines in response to questions posed through the issuance of 
interpretation letters.

A. Guideline Interpretation Letter Procedure

    1. Guidelines interpretation letters will only be issued in 
response to specific written requests for interpretation of the NHTSA 
Guidelines.
    2. Requests for Guidelines interpretation letters may be submitted 
to the National Highway Traffic Safety Administration. The mailing 
address is: Chief Counsel, NCC-200, National Highway Traffic Safety 
Administration, 1200 New Jersey Ave. SE., Washington, DC 20590.
    3. Responses will be mailed to requestors, published in the docket, 
and posted in a designated area on the NHTSA Web site.

    Issued in Washington, DC, on November 21, 2016 under authority 
delegated by 49 CFR 1.95.
Nathaniel Beuse,
Associate Administrator for Vehicle Safety Research.
[FR Doc. 2016-29051 Filed 12-2-16; 8:45 am]
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                                                87656                        Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

                                                warning label on the other side of the                   children to be placed in the front                   Administration’s (NHTSA) Driver
                                                sun visor. See 61 FR 60206.                              passenger seating area. The subject                  Distraction Guidelines (Phase 2
                                                   On May 12, 2000, NHTSA refreshed                      vehicles are equipped with OEM                       Guidelines). The purpose of the Phase 2
                                                the content requirements of the air bag                  installed advanced airbags that have the             Guidelines is to provide a safety
                                                warning labels consistent with its intent                potential to substantially decrease the              framework for developers of portable
                                                to require labels for vehicles with                      risk of injuries and deaths occurring                and aftermarket electronic devices to
                                                advanced air bags. Additionally, in                      from deployment. In addition, a written              use when developing visual-manual
                                                order to provide consumers with                          explanation of the advanced passenger                user interfaces for their systems. The
                                                adequate information about their                         air bag system is included in the                    Guidelines encourage innovative
                                                occupant restraint system, NHTSA                         owner’s manuals.                                     solutions such as pairing and Driver
                                                required manufacturers to provide a                         This petition is granted solely on the            Mode that, when implemented, will
                                                written explanation of the vehicle’s                     agency’s decision that the                           reduce the potential for unsafe driver
                                                advanced air bag system in owner’s                       noncompliance in the subject vehicles is             distraction by limiting the time a
                                                manuals. See 65 FR 30722.                                inconsequential as it relates to motor               driver’s eyes are off the road, while at
                                                   NHTSA’s Analysis: Acting as an                        vehicle safety. It is important that all             the same time preserving the full
                                                alterer,2 Spartan removed and re-                        other vehicles subject to these                      functionality of these devices when they
                                                installed sun visors as part of its                      requirements continue to meet them.                  are not used while driving. Currently no
                                                modification of the subject vocational                      NHTSA notes that the statutory                    safety guidelines exist for portable
                                                vehicles. The vocational vehicles are                    provisions (49 U.S.C. 30118(d) and                   device technologies when they are used
                                                equipped with advanced air bags at the                   30120(h)) that permit manufacturers to               during a driving task. NHTSA seeks
                                                driver and front passenger seating                       file petitions for a determination of                comments and suggestions to improve
                                                positions and had compliant air bag                      inconsequentiality allow NHTSA to                    this proposal.
                                                warning labels pursuant to paragraph                     exempt manufacturers only from the                   DATES: You should submit your
                                                S4.5.1(b)(1) of FMVSS No. 208                            duties found in sections 30118 and                   comments early enough to be received
                                                permanently affixed to the sun visors,                   30120, respectively, to notify owners,               not later than February 3, 2017.
                                                and visible to vehicle occupants when                    purchasers, and dealers of a defect or               ADDRESSES: You may submit comments
                                                the sun visors were stowed prior to                      noncompliance and to remedy the                      to the docket number identified in the
                                                Spartan’s modifications.                                 defect or noncompliance. Therefore, this             heading of this document by any of the
                                                   The left and right-side sun visors are                decision only applies to the subject                 following methods:
                                                nearly identical in size, have identical                 vehicles that Spartan no longer                         • Federal eRulemaking Portal: Go to
                                                attachment points to the headliner and                   controlled at the time it determined that            http://www.regulations.gov. Follow the
                                                are interchangeable. Apparently, when                    the noncompliance existed. However,                  online instructions for submitting
                                                re-installing the sun visors, Spartan                    the granting of this petition does not               comments.
                                                incorrectly placed the left-side visor on                relieve vehicle distributors and dealers                • Mail: Docket Management Facility:
                                                the right-side of the vehicle and vice-                  of the prohibitions on the sale, offer for           U.S. Department of Transportation, 1200
                                                versa. As a result, the air bag warning                  sale, or introduction or delivery for                New Jersey Avenue SE., West Building
                                                labels are no longer visible to vehicle                  introduction into interstate commerce of             Ground Floor, Room W12–140,
                                                occupants when the sun visors are                        the noncompliant vehicles under their                Washington, DC 20590–0001.
                                                stowed. Rather, the air bag warning                      control after Spartan notified them that                • Hand Delivery or Courier: 1200
                                                labels are inverted and only visible to                  the subject noncompliance existed.                   New Jersey Avenue SE., West Building
                                                vehicle occupants when the sun visors                                                                         Ground Floor, Room W12–140, between
                                                                                                           Authority: (49 U.S.C. 30118, 30120:                9 a.m. and 5 p.m. ET, Monday through
                                                are deployed.
                                                                                                         delegations of authority at 49 CFR 1.95 and
                                                   In accordance with paragraph                          501.8)
                                                                                                                                                              Friday, except Federal holidays.
                                                S4.5.1(c) of FMVSS No.208, if the air                                                                            • Fax: 202–493–2251.
                                                bag warning label is not visible when                    Jeffrey M. Giuseppe,                                    Instructions: All submissions must
                                                the sun visor is in the stowed position,                 Director, Office of Vehicle Safety Compliance.       include the agency name and docket
                                                an additional label (i.e., air bag alert                 [FR Doc. 2016–29026 Filed 12–2–16; 8:45 am]          number. Note that all comments
                                                label) conforming to Figure 6(c) of                      BILLING CODE 4910–59–P
                                                                                                                                                              received will be posted without change
                                                FMVSS No. 208 shall be permanently                                                                            to http://www.regulations.gov, including
                                                affixed to the visor and visible when the                                                                     any personal information provided.
                                                visor is in the stowed position. Spartan                 DEPARTMENT OF TRANSPORTATION                         Please see the Privacy Act discussion
                                                failed to affix air bag alert labels to the                                                                   below. We will consider all comments
                                                sun visors as required.3                                 National Highway Traffic Safety                      received before the close of business on
                                                   NHTSA’s Decision: NHTSA has                           Administration                                       the comment closing date indicated
                                                concluded that the absence of the air                                                                         above. To the extent possible, we will
                                                                                                         [Docket No. NHTSA–2013–0137]
                                                bag alert labels affixed to sun visors on                                                                     also consider comments filed after the
                                                subject Spartan vocational vehicles is                   Visual-Manual NHTSA Driver                           closing date.
                                                inconsequential to motor vehicle safety.                                                                         Docket: For access to the docket to
                                                                                                         Distraction Guidelines for Portable and
                                                NHTSA agrees that given the nature and                                                                        read background documents or
                                                                                                         Aftermarket Devices
                                                intended use of the subject vocational                                                                        comments received, go to http://
                                                vehicles, it would be unlikely for                       AGENCY: National Highway Traffic                     www.regulations.gov at any time or to
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                                                                                                         Safety Administration (NHTSA),                       1200 New Jersey Avenue SE., West
                                                  2 As  defined by 49 CFR 567.3.                         Department of Transportation (DOT).                  Building Ground Floor, Room W12–140,
                                                  3 In the petition, Spartan discussed                   ACTION: Notice of proposed Federal                   Washington, DC 20590, between 9 a.m.
                                                noncompliance to paragraph S4.5.1(b)(2) of FMVSS         guidelines.                                          and 5 p.m., Monday through Friday,
                                                No. 208 and in their safety recall report, incorrectly                                                        except Federal Holidays. Telephone:
                                                cited paragraph S4.5.1 5(c) of FMVSS No. 208. The
                                                noncompliance resulting from the absence of air bag
                                                                                                         SUMMARY:   This notice details the                   (202) 366–9826.
                                                alert labels pursuant to paragraph S4.5.1(c) of          proposed contents of the second phase                   Privacy Act: Anyone is able to search
                                                FMVSS No. 208 is under review in this petition.          of the National Highway Traffic Safety               the electronic form of all comments


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                                                                            Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                                       87657

                                                received into any of our dockets by the                    2. Crash Risk Associated With Portable             interface) with portable devices,
                                                name of the individual submitting the                         Device Use                                      particularly cell phones, is often the
                                                comment (or signing the comment, if                        F. Overview of Efforts To Combat Driver            main distraction for drivers involved in
                                                                                                              Distraction
                                                submitted on behalf of an association,                     G. Efforts by States To Address Distracted
                                                                                                                                                              crashes. In 2014, there were 385 fatal
                                                business, labor union, etc.). You may                         Driving Involving the Use of Portable           crashes that involved the use 3 of a cell
                                                review the U.S. DOT’s complete Privacy                        Devices                                         phone, resulting in 404 fatalities. These
                                                Act Statement in the Federal Register                      H. Education and Public Awareness Efforts          crashes represent 13 percent of the
                                                published on April 11, 2000, (Volume                       1. Government Programs and Efforts                 distraction-affected fatal crashes or 1.3
                                                65, Number 70; Pages 19477–78) or you                      2. Industry Programs and Efforts                   percent of all fatal crashes.4 The data
                                                may visit http://www.dot.gov/                              I. Design Guideline Efforts                        also indicate that there were a number
                                                                                                           1. NHTSA’s Phase 1 Visual-Manual Driver
                                                privacy.html.                                                                                                 of fatal crashes that involved the use of
                                                                                                              Distraction Guidelines
                                                  Confidential Business Information: If                    2. Efforts by Industry To Address Driver           a device or object brought into the
                                                you wish to submit any information                            Distraction From Portable Devices               vehicle (some of which may also have
                                                under a claim of confidentiality, you                      3. Public Meeting on the Phase 2                   been crashes that involved the use of a
                                                should submit three copies of your                            Distraction Guidelines                          cell phone). This catch-all category
                                                complete submission, including the                      III. Distraction Guidelines for Portable and          includes crashes that involved the use
                                                information you claim to be confidential                      Aftermarket Devices                             of portable devices, such as navigation
                                                business information, to the Chief                         A. Scope                                           devices, in addition to other types of
                                                                                                           1. Devices/Device Interfaces
                                                Counsel, NHTSA, at the address given                                                                          objects (e.g., cigarette lighters). Of the
                                                                                                           2. Tasks
                                                under FOR FURTHER INFORMATION                              B. Overview of the Phase 2 Guidelines              967,000 distraction-affected crashes in
                                                CONTACT. In addition, you should                           C. Pairing                                         2014, 7 percent (or 1.1 percent of all
                                                submit two copies, from which you                          1. Pairing Recommendations                         crashes) involved the use of cell phones
                                                have deleted the claimed confidential                      2. Privacy and Data Sharing for Paired             and resulted in 33,000 people injured.5
                                                business information, to Docket                               Devices
                                                Management at the address given above.                     3. Cybersecurity for Paired Devices                B. What is driver distraction?
                                                When you send a comment containing                         D. Driver Mode                                        Driver distraction is a specific type of
                                                                                                           1. Driver Mode Recommendations                     inattention that occurs when drivers
                                                information claimed to be confidential                     2. Driver Mode Activation
                                                business information, you should                           E. Aftermarket Devices
                                                                                                                                                              divert their attention away from the
                                                include a cover letter setting forth the                IV. Expected Effects of the Phase 2                   driving task to focus on another activity.
                                                information specified in our                                  Guidelines                                      This distraction can come from
                                                confidential business information                          A. Estimated Time for Conformance                  electronic devices, such as texting or
                                                regulation (49 CFR part 512).                              B. NHTSA Monitoring of Portable and                emailing on cell phones or smartphones,
                                                FOR FURTHER INFORMATION CONTACT: For                          Aftermarket Conformance With the                and more traditional activities such as
                                                                                                              Guidelines                                      interacting with passengers, eating, or
                                                technical issues, you may contact Dr.                   V. Authority To Issue the Phase 2 Guidelines
                                                Chris Monk, phone: (202) 366–5195, or                                                                         events external to the vehicle. Driver
                                                                                                        VI. Public Participation
                                                chris.monk@dot.gov. Dr. Monk’s mailing                  VII. National Technology Transfer and
                                                                                                                                                              distraction can affect drivers in different
                                                address is: National Highway Traffic                          Advancement Act of 1995 (NTTAA)                 ways, and can be broadly categorized
                                                Safety Administration, 1200 New Jersey                                                                        into the following types:
                                                Avenue SE., Washington, DC 20590.                       I. Executive Summary                                     • Visual distraction: Tasks that
                                                SUPPLEMENTARY INFORMATION: The final                    A. The Driver Distraction Safety                      require the driver to look away from the
                                                version of the Phase 2 Guidelines will                  Problem                                               roadway to visually obtain information;
                                                                                                                                                                 • Manual distraction: Tasks that
                                                not have the force and effect of law and                   In 2015,1 10 percent of the 35,092                 require the driver to take one or both
                                                will not be a regulation. Therefore,                    traffic fatalities involved one or more               hands off the steering wheel to
                                                NHTSA is not required to provide                        distracted drivers, and these distraction-            manipulate a control, device, or other
                                                notice and an opportunity for comment.                  affected crashes resulted in 3,477                    non-driving-related item;
                                                NHTSA is doing so, however, to ensure                   fatalities, an 8.8 percent increase from                 • Cognitive distraction: Tasks that
                                                that the final Phase 2 Guidelines benefit               the 3,197 fatalities in 2014.2 Of the 5.6             require the driver to avert their mental
                                                from the input of all knowledgeable and                 million non-fatal, police-reported                    attention away from the driving task.
                                                interested members of the public.                       crashes in 2014 (the most recent year for                Tasks can involve one, two, or all
                                                Table of Contents                                       which detailed distraction-affected                   three of these distraction types.
                                                                                                        crash data is available), 16 percent were                NHTSA is aware of the effect that
                                                I. Executive Summary                                    distraction-affected crashes, and                     these types of distraction can have on
                                                   A. The Driver Distraction Safety Problem
                                                   B. What is driver distraction?                       resulted in 424,000 people injured.                   driving safety, particularly visual-
                                                   C. NHTSA’s Efforts To Reduce Driver                     The crash data indicate that visual-               manual distraction. At any given time,
                                                      Distraction                                       manual interaction (an action that                    an estimated 542,073 drivers are using
                                                   D. The Proposed NHTSA Guidelines for                 requires a user to look away from the                 hand-held cell phones while driving.6
                                                      Portable and Aftermarket Devices                  roadway and manipulate a button or
                                                   E. Major Differences Between the Proposed                                                                     3 Use of a cell phone includes talking on or

                                                      Phase 2 and Phase 1 NHTSA Guidelines                1 NHTSA.    (2016). Traffic Safety Facts Research   listening to a cell phone, dialing or texting on a cell
                                                   F. Phase 2 Outreach Efforts                          Note: 2015 Motor Vehicle Crashes: Overview (DOT       phone, and other cell-phone-related activities.
                                                                                                                                                                 4 Other types of distraction-affected crashes
                                                II. Background                                          HS 812 318). Available at https://
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                                                   A. Overview                                          crashstats.nhtsa.dot.gov/Api/Public/                  include those caused by daydreaming, eating or
                                                                                                        ViewPublication/812318 (last accessed on 10/4/16).    drinking, smoking, and conversing with a
                                                   B. Definition and Scope of Driver                                                                          passenger. See NHTSA. (2016). Traffic Safety Facts
                                                                                                          2 NHTSA. (2016). Traffic Safety Facts Research
                                                      Distraction                                                                                             Research Note: Distracted Driving 2014.
                                                                                                        Note: Distracted Driving 2014 (DOT HS 812 260)
                                                   C. Prevalence of Portable Device Use While           (hereinafter ‘‘Traffic Safety Facts Research Note:       5 Id.
                                                      Driving                                           Distracted Driving 2014’’). Available at https://        6 NHTSA. (2016). Traffic Safety Facts Research
                                                   D. Driver Distraction Safety Problem                 crashstats.nhtsa.dot.gov/Api/Public/                  Note: Driver Electronic Device Use in 2015. (DOT
                                                   E. Driver Distraction and Portable Devices           ViewPublication/812260 (last accessed on 10/4/16).    HS 812 326). Available at https://
                                                   1. Crash Data                                        2014 data are the most recent data available.                                                       Continued




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                                                87658                        Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

                                                Moreover, when sending or receiving a                    issue. The Distraction Guidelines focus              devices while driving. NHTSA and the
                                                text message with a hand-held phone,                     on step two by addressing technology.                US DOT support and will continue to
                                                the total time that a driver’s eyes are                     The development of non-binding,                   support State and Federal efforts to
                                                focused off the road is 23 seconds on                    voluntary guidelines for in-vehicle and              combat distracted driving.
                                                average.7 This means while traveling at                  portable devices is being implemented
                                                                                                         in three phases. The Phase 1 Driver                  D. The Proposed NHTSA Guidelines for
                                                55 mph, a driver’s eyes are off the road                                                                      Portable and Aftermarket Devices
                                                for more than a third of a mile for every                Distraction Guidelines (Phase 1
                                                text message sent or received.                           Guidelines), released in 2013, cover                   This notice announces the proposed
                                                                                                         visual-manual interfaces of electronic               Phase 2 Guidelines for Portable and
                                                C. NHTSA’s Efforts To Reduce Driver                      devices installed in vehicles as original            Aftermarket Devices. The Phase 1
                                                Distraction                                              equipment (OE).10 The Phase 2 Driver                 Guidelines for OE in-vehicle interfaces,
                                                                                                         Distraction Guidelines (Phase 2                      discussed in detail below, provide the
                                                   As an agency committed to reducing                    Guidelines), which are the subject of                foundation for the proposed Phase 2
                                                deaths, injuries, and economic losses                    this notice, would apply to visual-                  Guidelines. Phase 1 provided specific
                                                resulting from motor vehicle crashes,                    manual interfaces of portable and                    recommendations for minimizing the
                                                NHTSA has initiated, and continues to                    aftermarket devices.                                 distraction potential from OE in-vehicle
                                                work toward eliminating crashes                             While NHTSA is proposing the Phase                interfaces that involve visual-manual
                                                attributable to driver distraction. Most                 2 Guidelines, it is important to note that           interaction. Particularly, the Phase 1
                                                prominently, NHTSA and the United                        the agency continues to support state                Guidelines are focused on
                                                States Department of Transportation (US                  efforts to prohibit hand-held use of                 recommending acceptance criteria for
                                                DOT) have encouraged efforts by states                   portable devices while driving. In                   driver glance behavior where single
                                                and other local authorities to pass laws                 proposing the Phase 2 Guidelines,                    average glances away from the forward
                                                prohibiting hand-held use of portable                    NHTSA stresses that it does not                      roadway are 2 seconds or less and
                                                devices while driving. NHTSA, in                         encourage the hand-held use of portable              where the sum of the durations of all
                                                conjunction with industry, local                         devices while driving. While NHTSA                   individual glances away from the
                                                governments, and various public                          acknowledges that there are many                     forward roadway are 12 seconds or less
                                                interest groups, has also taken                          available technology solutions, state                while performing a testable task, such as
                                                numerous steps to educate the public                     laws, and consumer information                       selecting a song from a satellite radio
                                                about the dangers of distracted driving.                 campaigns designed to help reduce                    station.
                                                   However, until distracted driving is                  distracted driving, the agency believes                To the extent practicable, the Phase 2
                                                eliminated, the agency must work in the                  that an important way to help mitigate               Guidelines apply the Phase 1
                                                real-world where many drivers continue                   the real-world risk posed by driver                  recommendations to the visual-manual
                                                to use their portable devices and other                  distraction from portable devices is for             interfaces of portable devices (e.g.,
                                                                                                         these devices to have limited                        smartphones, tablets, and navigation
                                                in-vehicle systems in unsafe ways while
                                                                                                         functionality and simplified interfaces              devices) and aftermarket devices (i.e.,
                                                driving. Thus, NHTSA has also worked
                                                                                                         when they are used by drivers while                  devices installed in the vehicle after
                                                on how to mitigate the distraction that
                                                                                                         driving. This is especially true because             manufacture). Because there are both
                                                may be caused by these new
                                                                                                         some of these devices are intended to be             similarities and differences between OE
                                                technologies. In April 2010, NHTSA                                                                            interfaces and portable devices, the
                                                                                                         used while driving and others have
                                                called for the development of voluntary                                                                       Phase 2 Guidelines primarily focus on
                                                                                                         applications that are clearly meant to be
                                                guidelines addressing driver distraction                                                                      portable devices. Due to the functional
                                                                                                         used by drivers to complete the driving
                                                caused by in-vehicle systems and                                                                              similarities between aftermarket devices
                                                                                                         task. These Guidelines are, therefore,
                                                portable devices.8 This sentiment was                                                                         and OE systems, the Phase 2 Guidelines
                                                                                                         intended to reduce the potential
                                                reinforced by the US DOT’s and                           distraction associated with hand-held                direct manufacturers to the Phase 1
                                                NHTSA’s June 2012 ‘‘Blueprint for                        portable and aftermarket device use                  Guidelines.
                                                Ending Distracted Driving.’’ 9 The                       while driving. The agency believes these               The proposed Phase 2 Guidelines
                                                blueprint is a comprehensive approach                    Guidelines will provide a framework for              present two concurrent approaches for
                                                to the distraction problem. The three                    portable device and application                      mitigating distraction associated with
                                                steps outlined in the blueprint include:                 developers to take into account real-                the use of portable and aftermarket
                                                Enacting and enforcing tough state laws                  world device use by consumers when                   devices by drivers. First, the proposed
                                                on distracted driving, addressing                        driving. In addition, the agency notes               Guidelines recommend that portable
                                                technology, and better educating young                   that applications that are meant to be               and OE in-vehicle systems be designed
                                                drivers. All three components are                        used by drivers while driving are likely             so that they can be easily paired to each
                                                necessary to address the distraction                     to continue to be developed and made                 other and operated through the OE in-
                                                                                                         available.                                           vehicle interface. Assuming that the OE
                                                crashstats.nhtsa.dot.gov/Api/Public/                        While these Guidelines help                       in-vehicle interface conforms to the
                                                ViewPublication/812326 (last accessed on 10/4/16).       manufacturers develop portable and                   Phase 1 Guidelines, pairing would
                                                   7 Fitch, G., et al. (2013). The Impact of Hand-Held

                                                and Hands-Free Cell Phone Use on Driving
                                                                                                         aftermarket devices while keeping safe               ensure that the tasks performed by the
                                                Performance and Safety-Critical Event Risk (DOT          driving in mind, it remains the driver’s             driver while driving meet the time-
                                                HS 811 757). Washington, DC: National Highway            responsibility to ensure the safe                    based, eye-glance task acceptance
                                                Traffic Safety Administration.                           operation of the vehicle and to comply               criteria specified in the Phase 1
                                                   8 NHTSA. (2010). Overview of the National
                                                                                                         with all state traffic laws. This includes,          Guidelines. Pairing would also ensure
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                                                Highway Traffic Safety Administration’s Driver
                                                Distraction Program (DOT HS 811 299). Available          but is not limited to laws that ban                  that certain activities that would
                                                at http://www.nhtsa.gov/staticfiles/nti/distracted_      texting and/or the use of hand-held                  inherently interfere with the driver’s
                                                driving/pdf/811299.pdf (last accessed on 10/4/16).                                                            ability to safely control the vehicle
                                                   9 NHTSA. (2012). Blueprint for Ending Distracted        10 78 FR 24817 (Apr. 26, 2013). Available at
                                                                                                                                                              would be locked out while driving (i.e.,
                                                Driving (DOT HS 811 629). Available at: http://          https://www.federalregister.gov/articles/2013/04/
                                                www.distraction.gov/downloads/pdfs/blueprint-for-        26/2013-09883/visual-manual-nhtsa-driver-
                                                                                                                                                              the ‘‘per se lock outs’’ referred to in the
                                                ending-distracted-driving.pdf (last accessed on          distraction-guidelines-for-in-vehicle-electronic-    Phase 1 Guidelines). Those per se lock
                                                10/4/16).                                                devices (last accessed on 10/4/16).                  outs include:


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                                                                            Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                                   87659

                                                   • Displaying video not related to                    they can reliably detect whether the                  2 Guidelines also recommend that the
                                                driving;                                                device user is the driver or a passenger              portable device be put in Driver Mode
                                                   • Displaying certain graphical or                    and are not overly annoying and                       for use while driving instead of the
                                                photographic images;                                    impractical.12 Accordingly, the agency                portable device’s default interface.
                                                   • Displaying automatically scrolling                 is proposing a second means of                           There are several distinctions between
                                                text;                                                   activation—manual activation of Driver                portable devices and in-vehicles
                                                   • Manual text entry for the purpose of               Mode—meaning that Driver Mode is                      systems that result in different
                                                text-based messaging, other                             activated manually by the user. The                   considerations between the Phase 1 and
                                                communication, or internet browsing;                    agency foresees this being a temporary                Phase 2 Guidelines. The first distinction
                                                and                                                     option in the Phase 2 Guidelines until                is that many portable devices are
                                                   • Displaying text for reading from                   driver-passenger distinction technology               designed with the intent of being used
                                                books, periodical publications, Web                     is more mature, refined, and widely                   in a variety of contexts that may or may
                                                page content, social media content, text-               available. The agency is optimistic such              not include driving, whereas OE in-
                                                based advertising and marketing, or                     technology can be implemented as soon                 vehicle interfaces are designed
                                                text-based messages.                                    as practicable.                                       specifically for use while driving
                                                   NHTSA encourages all entities                           Additionally, the Phase 2 Guidelines               (unless specific functions are
                                                involved with the engineering and                       include recommendations for                           inaccessible when the vehicle is in
                                                design of pairing technologies to jointly               aftermarket devices—those devices that                motion). As a result, it is important that
                                                develop compatible and efficient                        are intended to be permanently installed              the Phase 2 Guidelines account for the
                                                processes that focus on improving the                   in the vehicle, which were not                        need to reliably identify when a
                                                usability and ease of connecting a                      addressed in Phase 1. The proposed                    portable device is in fact being used by
                                                driver’s portable device with their in-                 Phase 2 Guidelines suggest that                       the driver of a moving vehicle.
                                                vehicle system.                                         aftermarket devices meet the same task                   A second distinction between
                                                   The second approach recommended                                                                            portable devices and in-vehicle systems
                                                                                                        acceptance criteria and other relevant
                                                by the proposed Phase 2 Guidelines is                                                                         is that the portable devices may be used
                                                                                                        recommendations as specified for OE
                                                that portable devices that do not already                                                                     by other vehicle occupants in locations
                                                                                                        interfaces in Phase 1.
                                                meet the NHTSA glance and per se lock                      Due to the close relationship between              where the driver cannot see or access
                                                out criteria when being used by a driver                the Phase 1 and Phase 2 Guidelines, the               the device, e.g., by a passenger in the
                                                should include a Driver Mode that is                    agency is considering combining the                   back seat. In contrast, all of the
                                                developed by industry stakeholders (i.e.,               two phases into a single document                     interaction with the OE in-vehicle
                                                Operating System or handset makers).                    when the Phase 2 Guidelines are                       interface occurs in the vehicle, and the
                                                   The Driver Mode should present an
                                                                                                        finalized. The agency requests comment                location of the interface (and whether
                                                interface to the driver that conforms
                                                                                                        on whether a single combined                          the driver can access it) is known to the
                                                with the Phase 1 Guidelines and, in
                                                particular, locks out tasks that do not                 document would be easier for industry                 vehicle manufacturer when the interface
                                                meet Phase 1 task acceptance criteria or                to use and the public at large to                     is designed and installed.13 These
                                                are among the per se lock outs listed                   reference, or whether separate                        differences between the portable device
                                                above. The purpose of Driver Mode is to                 documents would be simpler.                           and OE in-vehicle interface can be
                                                                                                           Because these proposed Guidelines                  overcome with technological solutions,
                                                provide a simplified interface when the
                                                                                                        are voluntary and nonbinding, they will               as described in greater detail below,
                                                device is being used unpaired while
                                                                                                        not require action of any kind, and for               potentially allowing for a Driver Mode
                                                driving, either because pairing is
                                                                                                        that reason they will not confer benefits             that activates when the portable device
                                                unavailable or the driver decides not to
                                                                                                        or impose costs. Nonetheless, and as                  is used by a driver while driving. This
                                                pair. The Guidelines recommend two
                                                                                                        part of its continuing research efforts,              would allow for the device to be used
                                                methods of activating Driver Mode
                                                                                                        NHTSA welcomes comments on the                        in its full capacity in non-driving
                                                depending on available technology. The
                                                                                                        potential benefits and costs that would               situations. Therefore, NHTSA
                                                first option, and the one encouraged by
                                                                                                        result from voluntary compliance with                 encourages the development and
                                                the agency, is to automatically activate
                                                                                                        the Guidelines.                                       implementation of technologies that can
                                                the portable device’s Driver Mode when:
                                                (1) The device is not paired with the in-               E. Major Differences Between the                      distinguish between drivers and
                                                vehicle system, and (2) the device, by                  Proposed Phase 2 and Phase 1 NHTSA                    passengers.
                                                                                                                                                                 A third distinction between portable
                                                itself, or in conjunction with the vehicle              Guidelines
                                                                                                                                                              devices and in-vehicle systems is that,
                                                in which it is being used, distinguishes                  The Phase 1 Guidelines recommend                    if not paired with the in-vehicle system,
                                                that it is being used by a driver who is                that interfaces and tasks determined to               portable devices can be placed and/or
                                                driving. The driver mode does not                       be more distracting than a specified                  mounted in a variety of different
                                                activate when the device is being used                  level should not be accessible to the                 locations in the vehicle. There is also
                                                by a non-driver, e.g., passenger.11                     user while the user is driving. Similarly,
                                                   NHTSA has learned that technologies                                                                        variability in the placement of an
                                                                                                        conformance with the proposed Phase 2                 aftermarket device—although to a lesser
                                                to detect whether a driver or passenger                 Guidelines would result in drivers
                                                is using a device have been developed                                                                         extent than for portable devices, since
                                                                                                        interacting with their paired portable                aftermarket devices are confined to the
                                                but are currently being refined such that               devices through Phase 1-conforming OE,                available locations on the vehicle, such
                                                  11 For purposes of this notice, ‘‘passenger’’ is a
                                                                                                        built-in interfaces. In many cases, it is             as inside the center stack or on top of
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                                                subset of ‘‘non-driver.’’ Non-drivers include not       up to the driver to pair his or her device            the dashboard. NHTSA has elected not
                                                only personal vehicle passengers, but also people       with the vehicle’s interface or, as in the            to include recommendations concerning
                                                riding mass transit, bicycling, and the like. When      case with many older vehicles, the                    whether or where a portable device
                                                referring to the specific type of vehicles this         vehicle does not have the capability to
                                                guidance is aimed at—light vehicles—the notice                                                                should be mounted in this proposed set
                                                will often refer to those occupants as drivers and      pair with a portable device, so the Phase
                                                passengers and the technology that distinguishes                                                                13 The Phase 1 Guidelines explicitly exclude OE

                                                between drivers and passengers in light vehicles as       12 For further discussion of driver-passenger       in-vehicle devices that cannot reasonably be
                                                driver-passenger distinction technology.                distinction technologies, see infra Section I.3.      reached or seen by the driver.



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                                                87660                       Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

                                                of guidelines, but we seek comment on                   F. Phase 2 Outreach Efforts                           and fatality data implicate driver
                                                whether we should include them at a                        NHTSA is committed to reducing                     distraction in 10 percent of fatal crashes,
                                                later date and whether there are already                deaths and injuries resulting from motor              18 percent of injury crashes, and 16
                                                other entities/programs that provide                    vehicle crashes from distraction by                   percent of all motor vehicle traffic
                                                advice on where to mount devices                        encouraging the development of devices                crashes in 2014.15 The 2014 data show
                                                safely.                                                 that can be safer if used while driving.              that cell phones were directly linked to
                                                   A fourth distinction is that the user-               As part of the ongoing process of                     385 fatal crashes (resulting in 404
                                                interface experience with portable                      harmonizing with industry standards                   fatalities), which is 13 percent of all
                                                                                                        and practices, NHTSA hosted a public                  distraction affected crashes and 1.3
                                                devices can be different from built-in
                                                                                                        meeting on March 12, 2014, to bring                   percent of all fatal crashes.16 The
                                                and installed aftermarket systems due to
                                                                                                        together vehicle manufacturers and                    following sections outline the definition
                                                a wide range of device characteristics
                                                                                                        suppliers, portable and aftermarket                   of driver distraction, the prevalence of
                                                (e.g., smaller screens on portable
                                                                                                        device manufacturers, portable and                    portable device use in motor vehicles,
                                                devices). In addition, users often use
                                                                                                        aftermarket device operating system                   and the crash and crash risk data
                                                their thumbs to interact with                                                                                 associated with distraction from all
                                                touchscreens on hand-held portable                      providers, cellular service providers,
                                                                                                        industry associations, application                    devices in general and portable device
                                                devices, whereas the index finger is                                                                          use specifically. This section also
                                                                                                        developers, researchers, and consumer
                                                more commonly used with built-in and                                                                          outlines the various efforts from the US
                                                                                                        groups to discuss technical issues
                                                installed aftermarket systems. While                                                                          DOT, industry, and safety advocates to
                                                                                                        regarding the agency’s development of
                                                these differences in device                                                                                   combat the distraction problem. These
                                                                                                        the Phase 2 Driver Distraction
                                                characteristics may affect a driver’s                                                                         efforts include improving our
                                                                                                        Guidelines for portable and aftermarket
                                                interaction with the device, NHTSA                                                                            understanding of the distraction
                                                                                                        devices. NHTSA held the public
                                                believes it is unnecessary to address                   meeting to ensure the stakeholders’                   problem, the implementation of
                                                design issues at the characteristic level               interests were communicated and                       legislation and enforcement approaches,
                                                for the Phase 2 Guidelines, because,                    considered in the development of the                  driver education and public awareness
                                                regardless of their specific features,                  Phase 2 Guidelines. NHTSA has met                     campaigns, and guidelines for industry
                                                portable devices will be used while                     with portable and aftermarket device                  to develop less distracting devices and
                                                within reach of the driver and viewed                   manufacturers through the Consumer                    driver-vehicle interfaces.
                                                at a downward viewing angle. Rather,                    Technology Association (CTA) 14
                                                NHTSA maintains its focus on the Phase                                                                        B. Definition and Scope of Driver
                                                                                                        working group as well as individual                   Distraction
                                                1 test procedures and acceptance                        meetings as part of an ongoing effort to
                                                criteria in Phase 2 for paired and                      enhance the cooperation and                              Driver distraction is a specific type of
                                                unpaired portable devices, as well as                   coordination of the Distraction                       inattention that occurs when drivers
                                                installed aftermarket devices.                          Guidelines. Likewise, NHTSA                           divert their attention away from the
                                                   The variability of potential locations               participated in U.S. Senator John (Jay)               driving task to focus on another activity.
                                                for portable and aftermarket devices has                D. Rockefeller’s ‘‘Over-Connected and                 These distractions can come from
                                                implications for testing procedures to                  Behind the Wheel: A Summit on                         electronic devices, such as navigation
                                                determine conformance with our                          Technological Solutions to Distracted                 systems and cell/smartphones, and from
                                                                                                        Driving’’ on February 6, 2014. Sen.                   more conventional activities, such as
                                                recommendations concerning Driver
                                                                                                        Rockefeller, chair of the Senate                      viewing sights or events external to the
                                                Mode. Specifically, the proposed Phase
                                                                                                        Committee on Commerce, Science, and                   vehicle, interacting with passengers,
                                                2 Guidelines’ test procedure for when
                                                                                                        Transportation, hosted the summit to                  and/or eating. These distracting tasks
                                                the device is in Driver Mode includes
                                                                                                        address potential technological                       can affect drivers in different ways, and
                                                recommendations about the placement
                                                                                                        solutions for minimizing driver                       can be broadly categorized into the
                                                of the portable electronic devices during                                                                     following types:
                                                testing. In order to address the issues                 distraction. NHTSA has also met with
                                                                                                        majority and minority staff members                      • Visual distraction: Tasks that
                                                mentioned above regarding the                                                                                 require the driver to look away from the
                                                variability of the portable device’s                    from several House and Senate
                                                                                                        Committees, including the House                       roadway to visually obtain information;
                                                location and driver’s access to its                                                                              • Manual distraction: Tasks that
                                                screen, the proposed test procedure                     Energy and Commerce Committee, the
                                                                                                        House Transportation and Infrastructure               require the driver to take one or both
                                                recommends that unpaired portable                                                                             hands off the steering wheel to
                                                devices be tested in a mounted location                 Committee, the House Appropriations
                                                                                                        Committee, the Senate Commerce                        manipulate a control, device, or other
                                                that is easy for the driver to reach and                                                                      non-driving-related item;
                                                                                                        Committee, and the Senate
                                                is based on driver viewing angle
                                                                                                        Appropriations Committee, in July 2014                   • Cognitive distraction: Tasks that
                                                specified in Phase 1. NHTSA has                                                                               require the driver to avert their mental
                                                                                                        to provide background on the Phase 2
                                                included a general recommended testing                                                                        attention away from the driving task.
                                                                                                        Guidelines and answer questions.
                                                location for unpaired portable devices                                                                           Any given task can involve one, two,
                                                but seeks comment on whether a                          II. Background                                        or all three of these types of distraction.
                                                location could be specified that would                  A. Overview                                           NHTSA is aware of the effect that these
                                                not result in infinite possibilities or be                                                                    types of distraction can have on driving
                                                too particular to any one device or                       Driver distraction is a safety problem
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                                                vehicle.                                                in the United States. The latest crash                   15 Traffic Safety Facts Research Note: Distracted

                                                                                                                                                              Driving 2014.
                                                   For aftermarket devices that are                       14 Following NHTSA’s Phase 2 Guidelines public         16 Because of the way crash data is reported and
                                                intended to be permanently installed in                 meeting but before the issuance of this notice, the   collected, there are limitations on how distraction-
                                                the vehicle, the proposed test procedure                Consumer Electronics Association changed its name     affected crashes, including those involving cell
                                                                                                        to the Consumer Technology Association. This          phone use, are represented. For an explanation of
                                                recommends that they be tested in the                   notice will refer to that entity as the Consumer      potential reasons for underreporting, please see
                                                installation location prescribed by the                 Technology Association or CTA unless the name is      Traffic Safety Facts Research Note: Distracted
                                                device manufacturer.                                    used in a publication title or citation.              Driving 2014 at 5–6.



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                                                                            Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                                      87661

                                                safety, particularly visual-manual                      while talking on the phone. The survey                engage in visual- manual distraction
                                                distraction.                                            further indicated that almost a quarter of            activities with their portable devices
                                                   The impact of distraction on driving                 drivers reported that they are at least               while driving. This is concerning
                                                is determined from multiple criteria, the               sometimes willing to make a cell phone                because research by NHTSA and others
                                                type and level of distraction, and the                  call while driving. As will be seen, these            suggests that visual-manual
                                                frequency and duration of task                          visual-manual distraction activities are              manipulation of devices while driving
                                                performance. Even if performing a task                  associated with increased crash and                   dramatically increases crash risk.
                                                results in a low level of distraction, a                near-crash risk.                                         The portable device market generally
                                                driver who engages in it frequently, or                    NHTSA’s 2013 Cell Phone                            consists of portable devices including
                                                for long durations, may increase the                    Naturalistic Driving Study 19 found that              smartphones, tablets, navigation
                                                crash risk to a level comparable to that                28 percent of the calls and 10 percent                devices, and portable music players
                                                of a more difficult task performed less                 of the text messages in the participant               (e.g., mp3 players). The aftermarket
                                                often.                                                  cell phone records overlapped with                    device market generally consists of
                                                                                                        periods of driving. In terms of visual-               products that are installed in a vehicle
                                                C. Prevalence of Portable Device Use
                                                                                                        manual task duration while interacting                after its initial purchase, such as car
                                                While Driving
                                                                                                        with the cell phone, dialing on a hand-               stereos and navigation systems. Access
                                                   NHTSA is concerned about the role of                 held cell phone lasted 12.4 seconds (s),
                                                portable electronic devices in distracted                                                                     to content (such as music and podcasts)
                                                                                                        on average, while pushing a button to                 has greatly increased over recent years,
                                                driving crashes. NHTSA has been                         begin a hands-free cell phone call
                                                monitoring drivers’ use of portable                                                                           as have the capabilities of these devices
                                                                                                        (either with an aftermarket ‘‘portable’’
                                                devices through its National Occupant                                                                         and the public’s desire to stay
                                                                                                        hands-free device or with a OE built-in,
                                                Protection Use Survey (NOPUS),17                                                                              connected through them while driving.
                                                                                                        hands-free connection) took
                                                which involves the direct observation of                                                                      Accordingly, the scope of stakeholders
                                                                                                        significantly less time (averages were
                                                driver electronic device use at                                                                               has grown to include automotive OE
                                                                                                        2.9 s and 4.6 s, respectively). Texting
                                                probabilistically-sampled intersections.                                                                      manufacturers, handset (e.g.,
                                                                                                        interactions lasted 36.4 s, on average
                                                The most recent available NOPUS data                                                                          smartphone) manufacturers, application
                                                                                                        (Min = 0.3 s, Max = 450.1 s), while
                                                from 2015 showed that 2.2 percent of                                                                          (app) developers, wireless carriers, and
                                                                                                        driving at speeds above 8 km/h
                                                drivers were observed manipulating                                                                            software operating system providers.
                                                                                                        (approximately 5 mph). The study also
                                                hand-held devices, 3.8 percent of                                                                             Through various meetings with these
                                                                                                        assessed call duration as a function of
                                                drivers were observed holding cell                      hand-held, portable hands-free (e.g.,                 wide-ranging stakeholders, NHTSA
                                                phones to their ears while driving, and                 aftermarket headset), and integrated                  recognizes the complexity of this
                                                0.6 percent of drivers were observed                    hands-free (e.g., wireless connection to              stakeholder ‘‘ecosystem’’ and that
                                                speaking into visible headsets while                    vehicle system). When driving at speeds               distraction guidelines are currently not
                                                driving. Notably, the percentage of                     above 8 km/h (approximately 5 mph),                   available for designing portable device
                                                drivers visibly manipulating hand-held                  drivers talked longer on portable hands-              user interfaces for safe use while
                                                devices has nearly quadrupled from 0.6                  free cell phones (4.96 min on average)                driving. As a result, the Distraction
                                                percent in 2009 to 2.2 percent in 2015,                 than on integrated hands-free cell                    Guidelines will provide a uniform safety
                                                whereas the percentage of drivers                       phones (3.78 minutes on average) or                   framework for these stakeholders when
                                                holding cell phones decreased from 5                    hand-held cell phones (3.00 min on                    integrating or developing their products
                                                percent in 2009 to 3.8 percent in 2015.                 average). However, the study found no                 for driving use.
                                                The percentage of drivers speaking into                 differences in the number of text                     D. Driver Distraction Safety Problem
                                                visible headsets has fluctuated from 0.6                messages made per minute as a function
                                                percent in 2009, to as high as 0.9                      of hand-held, portable hands-free, and                  The significant safety impact of
                                                percent in 2010, and as low as 0.4                      integrated hands-free cell phones.                    distracted driving is evident from
                                                percent in 2014.                                           In a more recent survey by the AAA                 NHTSA’s crash data, which comes from
                                                   Surveys of drivers indicate even                     Foundation for Traffic Safety,20 which                the Fatality Analysis Reporting System
                                                higher rates of portable device use while               focused on driving habits during the 30               (FARS) 21 and the National Automotive
                                                driving. According to a 2012 survey                     days prior to the survey, 34.7 percent of             Sampling System (NASS) General
                                                published by NHTSA,18 14 percent of                     drivers reported reading a text or email              Estimates System (GES).22 In 2014,23 10
                                                drivers reported reading text messages                  messages while driving, and 25.8                      percent of all fatal crashes involved one
                                                and email while driving at least some of                percent of drivers reported typing or                 or more distracted drivers,24 and these
                                                the time, and 10 percent of drivers                     sending text or email messages while                  distraction-affected crashes 25 resulted
                                                reported sending text or email messages                 driving. Additionally, 67.1 percent of
                                                while driving at least some of the time.                drivers reported talking on a cell phone                 21 FARS is a census of all fatal crashes that occur

                                                In addition, almost half of drivers                     (of any kind, including while using a                 on the roadways of the United States of America.
                                                reported answering their cell phone                     wireless connection and speaker phone)                It contains data on all fatal crashes occurring in all
                                                when driving at least some of the time,                                                                       50 states as well as the District of Columbia and
                                                                                                        while driving during this period. These               Puerto Rico.
                                                and more than half of drivers who                       data show that many drivers continue to                  22 NASS GES contains data from a nationally-
                                                reported answering their phones while                                                                         representative sample of police-reported crashes. It
                                                driving said they will continue to drive                   19 Fitch, G., et al. (2013). The Impact of Hand-   contains data on police-reported crashes of all
                                                                                                        Held and Hands-Free Cell Phone Use on Driving         levels of severity, including those that result in
                                                  17 NHTSA. (2016). Traffic Safety Facts Research       Performance and Safety-Critical Event Risk (DOT       fatalities, injuries, or only property damage.
sradovich on DSK3GMQ082PROD with NOTICES




                                                Note: Driver Electronic Device Use in 2015(DOT HS       HS 811 757). Washington, DC: National Highway         National numbers of crashes calculated from NASS
                                                812 326). Available at https://                         Traffic Safety Administration.                        GES are estimates.
                                                                                                                                                                 23 Traffic Safety Facts Research Note: Distracted
                                                crashstats.nhtsa.dot.gov/Api/Public/                       20 Hamilton, B., Arnold, L., & Tefft, B. (2013).

                                                ViewPublication/812326 (last accessed on 10/4/16).      Distracted Driving and Perceptions of Hands-Free      Driving 2014.
                                                                                                                                                                 24 3,000 distracted drivers were involved in these
                                                  18 Schroeder, P., Meyers, M., & Kostyniuk, L.         Technologies, AAA Foundation for Traffic Safety,
                                                (2013). National Survey on Distracted Driving           Available at https://www.aaafoundation.org/sites/     fatal crashes.
                                                Attitudes and Behaviors—2012 (DOT HS 811 729).          default/files/                                           25 A distraction-affected crash is any crash in

                                                Washington, DC: National Highway Traffic Safety         2013%20TSCI%20Cognitive%20Distraction.pdf             which a driver was identified as distracted at the
                                                Administration.                                         (last accessed on 10/4/16).                           time of the crash.



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                                                87662                                Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

                                                in 3,197 fatalities.26 This number                                          people injured. Tables 1 and 2 quantify                       to be a concern, and that NHTSA’s
                                                increased 8.8 percent to 3,477 fatalities                                   the effects of distraction on fatal crashes                   ongoing efforts to address driver
                                                in 2015.27 Of the 6 million non-fatal,                                      from 2010 to 2014 28 and non-fatal                            distraction from multiple approaches,
                                                police-reported crashes in 2014, 16                                         crashes from 2007 through 2014.29                             including through its Guidelines, are
                                                percent (967,000) were distraction-                                         These data show that distraction-                             warranted.
                                                affected crashes and resulted in 431,000                                    affected fatalities and crashes continue

                                                                                                 TABLE 1—FATAL CRASHES INVOLVING DISTRACTION, 2010–2014 23
                                                                                                                                                      [FARS]

                                                                                                                                  Fatal crashes                                  Fatalities                  Drivers involved in distraction-
                                                                                                                                                                                                                   affected crashes?
                                                                                                                                                                                        In distraction-
                                                                                                                                                Distraction-
                                                                          Year                                                                                                              affected                             Distracted
                                                                                                                                                 affected
                                                                                                                          Overall                                      Overall              crashes                                drivers
                                                                                                                                                (% of total                                                     Overall
                                                                                                                                                                                          (% of total                            (% of total
                                                                                                                                                 crashes)                                  fatalities)                            drivers)

                                                2010   .........................................................                30,296          2,993   (10%)               32,885         3,092 (9%)                44,440        2,912   (7%)
                                                2011   .........................................................                29,867          3,047   (10%)               32,367        3,331 (10%)                43,668        3,085   (7%)
                                                2012   .........................................................                31,006          3,098   (10%)               33,782        3,328 (10%)                45,337        3,119   (7%)
                                                2013   .........................................................                30,203          2,910   (10%)               32,894        3,154 (10%)                44,574        2,959   (7%)
                                                2014   .........................................................                29,989          2,955   (10%)               32,675        3,179 (10%)                44,583        3,000   (7%)


                                                                         TABLE 2—NON-FATAL POLICE REPORTED CRASHES INVOLVING DISTRACTION, 2007–2014 23
                                                                                                                                                        [GES]

                                                                                                                                                     Non-fatal crashes                                     People injured

                                                                                                                                                                                                                                 Cell phone
                                                                                                                                                                                                             In distraction-          use
                                                                                                                                                                     Distraction-
                                                                                        Year                                                                                                                    affected        (% of people
                                                                                                                                                                      affected
                                                                                                                                                  Overall                                     Overall           crashes           injured in
                                                                                                                                                                     (% of total                               (% of total       distraction-
                                                                                                                                                                      crashes)                                  injured)           affected
                                                                                                                                                                                                                                   crashes)

                                                2007   .....................................................................................       5,986,000       998,000   (17%)             2,491,000     448,000   (18%)      Unavailable
                                                2008   .....................................................................................       5,776,000       964,000   (17%)             2,346,000     466,000   (20%)      Unavailable
                                                2009   .....................................................................................       5,474,000       954,000   (17%)             2,217,000     448,000   (20%)      Unavailable
                                                2010   .....................................................................................       5,389,000       897,000   (17%)             2,239,000     416,000   (19%)     24,000 (6%)
                                                2011   .....................................................................................       5,308,000       823,000   (15%)             2,217,000     387,000   (17%)     21,000 (5%)
                                                2012   .....................................................................................       5,584,000       905,000   (16%)             2,362,000     421,000   (18%)     28,000 (7%)
                                                2013   .....................................................................................       5,657,000       901,000   (16%)             2,313,000     424,000   (18%)     34,000 (8%)
                                                2014   .....................................................................................       6,035,000       964,000   (16%)             2,338,000     431,000   (18%)     33,000 (8%)



                                                E. Driver Distraction and Portable                                          difficult nature in relating cell phone                          Of the 967,000 distraction-affected
                                                Devices                                                                     use to crashes at the crash scene. These                      crashes in 2014, 8 percent (69,000
                                                                                                                            cell phone fatal crashes represented 13                       crashes) involved the use of cell phones,
                                                1. Crash Data
                                                                                                                            percent of the total distraction-affected                     resulting in 33,000 people injured. The
                                                  The crash data indicate that the use of                                   fatal crashes. The data also indicate that                    tables below quantify the effects of cell
                                                portable and aftermarket devices,                                           there were 75 distraction-affected fatal                      phone or other device use on fatal
                                                particularly cell phones, is often a                                        crashes in 2014 that involved the driver                      crashes from 2010 through 2014 and
                                                leading distraction for drivers involved                                    using or reaching for a device or object                      non-fatal crashes that involved the use
                                                in crashes (note that smartphones                                           brought into the vehicle. This catch-all                      of cell phones or other devices from
                                                reached significant market presence                                         category of fatal distraction crashes                         2007 through 2014.30 As with Tables 1
                                                beginning in 2007). In 2014, there were                                     includes crashes that involved the use
                                                                                                                                                                                          and 2, these data show that cell phone-
                                                385 fatal crashes that involved the use                                     of portable devices such as navigation
                                                                                                                                                                                          affected fatalities and crashes continue
                                                of a cell phone, though it is possible that                                 devices in addition to other types of
                                                this is an underestimate due to the                                         objects (e.g., pocket cigarette lighters).                    to pose a risk to motor vehicle safety.
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                                                   26 10 percent of all crash fatalities (32,675                            crash data from FARS for 2010 through 2014 cannot               30 Identification of specific distractions has

                                                fatalities overall in 2014).                                                be compared to distracted-driving-related data from           presented challenges, both within NHTSA’s data
                                                   27 NHTSA. (2016). Traffic Safety Facts Research                          FARS from previous years.                                     collection and on police accident reports.
                                                Note: 2015 Motor Vehicle Crashes: Overview (DOT                               29 The coding of distracted driving in FARS and             Therefore, a large portion of the crashes that are
                                                HS 812 318). Available at https://                                          NASS GES was unified beginning in 2010.                       reported to involve distraction do not have a
                                                crashstats.nhtsa.dot.gov/Api/Public/                                        Although this resulted in a coding change for FARS,           specific behavior or activity listed; rather they
                                                ViewPublication/812318 (last accessed on 10/4/16).                          NASS GES coding did not change. Accordingly,                  specify ‘‘distraction/inattention, details unknown.’’
                                                   28 Because of changes made in 2010 to the coding                         NASS GES data from 2007 through 2014 can be                   Some portion of these crashes could have involved
                                                of distracted driving in FARS, distraction-affected                         compared.                                                     a portable or aftermarket device.



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                                                                                     Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                                                            87663

                                                                            TABLE 3—FATAL CRASHES INVOLVING THE USE OF CELL PHONES 31 32 33 34 35 2010–2014
                                                                                                                                                            [FARS]

                                                                                                                                                Distraction-affected fatal crashes involving the use of a cell phone              Fatal crashes
                                                                                                                                                                                                                                   involving use
                                                                                                                                                                                                                                    of a device/
                                                                                                                                                                               % of                             % of Fatalities
                                                                                        Year                                                                                                                                      object brought
                                                                                                                                                                           distraction-                         in distraction-
                                                                                                                                                     Crashes                                   Fatalities                           into vehicle
                                                                                                                                                                             affected                              affected         other than a
                                                                                                                                                                             crashes                               crashes           cell phone

                                                2010   .....................................................................................                      366                  12               408                 13                  70
                                                2011   .....................................................................................                      354                  12               385                 12                  53
                                                2012   .....................................................................................                      378                  12               415                 12                  66
                                                2013   .....................................................................................                      411                  14               455                 14                  70
                                                2014   .....................................................................................                      385                  13               404                 13                  75
                                                  * The attributes ‘‘Use of a Cell Phone’’ and ‘‘Use of or Reaching for Device/Object Brought into Vehicle’’ are not mutually exclusive and crash-
                                                es may involve one or both of these attributes.




                                                                        TABLE 4—NON-FATAL POLICE REPORTED CRASHES INVOLVING DISTRACTION 31 34 2007–2014
                                                                                                                                                             [GES]

                                                                                                                                                                           Distraction-affected non-fatal crashes involving        % of People
                                                                                                                                                                                       the use of a cell phone                      injured in
                                                                                                      Year                                                                                                                         distraction-
                                                                                                                                                                                             % of Distrac-                           affected
                                                                                                                                                                             Crashes         tion-affected      People injured       crashes
                                                                                                                                                                                                crashes

                                                2007   .................................................................................................................            49,000                  5           24,000                      5
                                                2008   .................................................................................................................            49,000                  5           29,000                      6
                                                2009   .................................................................................................................            46,000                  5           24,000                      5
                                                2010   .................................................................................................................            47,000                  5           24,000                      6
                                                2011   .................................................................................................................            50,000                  6           21,000                      5
                                                2012   .................................................................................................................            60,000                  7           28,000                      7
                                                2013   .................................................................................................................            71,000                  8           34,000                      8
                                                2014   .................................................................................................................         36 69,000                  7           33,000                      8



                                                2. Crash Risk Associated With Portable                                      tablet computers, or other portable                               decreased driving performance in
                                                Device Use                                                                  electronic devices, access to more                                simulator and test-track studies. The
                                                                                                                            content can lead to more visual-manual                            research summarized below provides a
                                                   The majority of crash risk data related
                                                                                                                            distraction, which the studies                                    brief overview of the distraction safety
                                                to portable devices has focused on cell
                                                                                                                            summarized below consistently show is                             problem as manifested in crashes and
                                                phones. However, it is important to note
                                                                                                                            associated with higher levels of crash                            the relationship between visual-manual
                                                that cell phones have evolved from a
                                                                                                                            and near-crash risk, and decreased                                distraction and crash risk. There are also
                                                portable hand-held phone designed
                                                specifically for voice calls to a device                                    driving performance.                                              many simulator and test-track studies
                                                that can be used for various forms of                                         The agency’s distraction focus has                              that show the negative effects of
                                                communication, entertainment, and                                           been on research and test procedures                              distracted driving have on driving
                                                access to content. Examples include                                         that measure aspects of driver                                    performance that are not included in the
                                                applications developed for messaging,                                       performance having the strongest                                  summary below.37
                                                photo-sharing, gaming, social                                               connection to crash risk. As described                               A key component of the NHTSA
                                                networking, navigation, and other                                           below, interactions with a distraction                            distraction plan is to understand the
                                                location-based services. While these                                        task that require visual attention (i.e.,                         crash risk of drivers using a cell phone
                                                features are not intended to be used                                        eyes-off-road time) and manual                                    while driving. Early epidemiological
                                                while driving, they remain just as                                          operations (e.g., button presses)                                 research reported that using a cell
                                                accessible to the driver in driving                                         consistently show association with                                phone, hand-held or hands-free, was
                                                situations as any other feature on a                                        increased crash and near-crash risk in                            associated with a quadrupling of the
                                                smartphone. Whether on smartphones,                                         naturalistic driving studies and                                  risk of injury and property damage
                                                  31 NHTSA. (2012). Traffic Safety Facts Research                             33 NHTSA. (2014). Traffic Safety Facts Research                   35 Traffic Safety Facts Research Note: Distracted
sradovich on DSK3GMQ082PROD with NOTICES




                                                Note: Distracted Driving 2010 (DOT HS 811 650).                             Note: Distracted Driving 2012 (DOT HS 812 012).                   Driving 2014.
                                                Available at https://crashstats.nhtsa.dot.gov/Api/                          Available at https://crashstats.nhtsa.dot.gov/Api/                  36 Possible reasons for the uptick between 2010
                                                Public/ViewPublication/811650 (last accessed on                             Public/ViewPublication/812012 (last accessed on
                                                                                                                                                                                              and 2014 include the increasing volume of
                                                10/4/16).                                                                   10/4/16).
                                                  32 NHTSA. (2013). Traffic Safety Facts Research                             34 NHTSA. (2015). Traffic Safety Facts Research                 smartphones in the market and better distraction-
                                                Note: Distracted Driving 2011 (DOT HS 811 737).                             Note: Distracted Driving 2013 (DOT HS 812 132).                   related crash reporting.
                                                                                                                                                                                                37 A sample of simulator and test-track study
                                                Available at https://crashstats.nhtsa.dot.gov/Api/                          Available at https://crashstats.nhtsa.dot.gov/Api/
                                                Public/ViewPublication/811737 (last accessed on                             Public/ViewPublication/812132 (last accessed on                   reports can be found at www.distraction.gov.
                                                10/4/16).                                                                   10/4/16).



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                                                87664                                Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

                                                crashes.38 39 Subsequent naturalistic                                   cannot directly connect their results to                      phone records allowed the
                                                driving studies that investigated the risk                              SCE risk.                                                     determination of when drivers used
                                                of drivers performing specific cell                                        In April 2013, NHTSA published a                           their cell phone, while the video data
                                                phone subtasks all found that increased                                 study 48 on the impact of hand-held and                       allowed the determination of the type of
                                                crash risk and safety critical event risk                               hands-free cellular phone use on crash                        cell phone used, how long it was used
                                                (SCE) were associated with visual-                                      risk and driving performance. The study                       for, and what subtasks were executed.
                                                manual operations such as text                                          investigated the effects of distraction                       The result was a rich data set of driver
                                                messaging and dialing. An SCE was                                       from the use of three types of cell                           behavior and performance when using a
                                                                                                                        phones while driving: (1) Hand-held                           cell phone.
                                                defined as a crash (where contact was
                                                                                                                        (HH), (2) portable hands-free (PHF), and
                                                made with another object), a near-crash                                                                                                  SCE risk was investigated using two
                                                                                                                        (3) integrated hands-free (IHF). Seventy-
                                                (where a crash was avoided by a rapid                                   five percent of the phones used in the                        approaches: (1) A risk rate approach,
                                                evasive maneuver), or a crash-relevant                                  study could be classified as                                  which assessed the SCE risk relative to
                                                conflict (where a crash avoidance                                       smartphones. Naturalistic driving data                        general driving (where non-cell-phone
                                                response was performed that was less                                    was collected from 204 drivers who                            secondary tasks could occur), and (2) a
                                                severe than a rapid evasive maneuver,                                   each voluntarily took part in the study                       case-control approach, which assessed
                                                but greater in severity than a ‘‘normal                                 for an average of 31 days from February                       the SCE risk relative to ‘‘just driving’’
                                                maneuver’’). However, in the                                            2011 to November 2011. All participants                       (where non-driving-related secondary
                                                naturalistic studies, non-visual-manual                                 reported talking on a cell phone while                        tasks did not occur). The risk rate
                                                operations, such as conversing on a cell                                driving at least once per day prior to                        results are shown below (see the full
                                                phone, were not found to be associated                                  entering the study. With the                                  report for the case-control results along
                                                with an increase in crash risk.40 41 42                                 participants’ knowledge, data                                 with driver performance results). The
                                                These results were observed for both                                    acquisition systems were installed in                         odds ratio indicates the relative risk of
                                                commercial motor vehicle and light-                                     their personal vehicles and                                   an SCE during the listed activity. An
                                                vehicle drivers, as well as across broad                                continuously recorded video of the                            odds ratio value of 1.0 is considered
                                                classifications of low, moderate, and                                   driver’s face, the roadway, and various                       equivalent to driving while not
                                                high driving task demands.43 In                                         kinematic data such as the vehicle                            distracted. Odds ratio values above 1.0
                                                                                                                        speed, acceleration, headway                                  indicate elevated risk and values below
                                                contrast, research conducted in
                                                                                                                        information to lead vehicles, steering,                       1.0 indicate decreased risk, though the
                                                simulators and on test tracks has found
                                                                                                                        and location. This was the first                              difference must be statistically
                                                driving performance decrements when
                                                                                                                        naturalistic driving study to date in                         significant (i.e., reliably different) for
                                                driving while talking on a cell phone.44
                                                45 46 47 These experiments, however,
                                                                                                                        which participants provided their cell                        conclusions to be drawn about the
                                                                                                                        phone records for analysis. The cell                          associated risk of that activity.

                                                            TABLE 5—SCE RISK ASSOCIATED WITH CELL PHONE USE AS COMPUTED THROUGH RISK RATE APPROACH
                                                                                                                                                                                       Lower               Upper
                                                                                                                                                                                     confidence          confidence
                                                                                                  Subtask                                                          Odds ratio                                                  p-value
                                                                                                                                                                                        limit               limit
                                                                                                                                                                                       (LCL)               (UCL)

                                                Cell Phone Use—Collapsed across types .......................................................                                 1.32             0.96                1.81              .0917
                                                Visual-Manual ..................................................................................................            * 2.93             1.90                4.51             <.0001
                                                     Call-related Visual-Manual .......................................................................                     * 3.34             1.76                6.35              .0003
                                                     Text-related Visual-Manual .......................................................................                     * 2.12             1.14                3.96              .0184
                                                Talking/Listening ..............................................................................................              0.84             0.55                1.29              .4217
                                                     Talking/Listening Hand-held .....................................................................                        0.84             0.47                1.53              .5764
                                                     Talking/Listening Portable Hands-free .....................................................                              1.19             0.55                2.57              .6581
                                                     Talking/Listening Integrated Hands-free ...................................................                              0.61             0.27                1.41              .2447
                                                HH Cell Phone Use (Collapsed) ......................................................................                        * 1.73             1.20                2.49              .0034
                                                PHF Cell Phone Use (Collapsed) ....................................................................                           1.06             0.49                2.30              .8780
                                                IHF Cell Phone Use (Collapsed) .....................................................................                          0.57             0.25                1.31              .1859
                                                   * Indicates a difference at the .05 level of significance.

                                                  38 McEvoy, S.P., Stevenson, M.R., McCartt, A.T.,                      (DOT HS 810 594). Washington, DC: National                    simulated driving. Proceedings of the Human
                                                Woodward, M., Haworth, C., Palamara, P., et al.                         Highway Traffic Safety Administration.                        Factors and Ergonomics Society 48th Annual
                                                (2005). Role of portable phones in motor vehicle                          42 Olson, R.L., Hanowski, R.J., Hickman, J.S., &
                                                                                                                                                                                      Meeting 48, 2210–2212.
                                                crashes resulting in hospital attendance: A case-                       Bocanegra, J. (2009). Driver Distraction in                      46 Horrey, W.J., Lesch, M.F., & Garabet, A. (2008).
                                                crossover study. British Journal of Medicine, 331,                      Commercial Vehicle Operations: Final Report.
                                                428–434.                                                                                                                              Assessing the awareness of performance decrements
                                                                                                                        Contract DTMC75–07–D–00006, Task Order 3.
                                                  39 Redelmeier, D.A., & Tibshirani, R.J. (1997).                       Washington, DC: Federal Motor Carrier Safety                  in distracted drivers. Accident Analysis &
                                                Association between cellular-telephone calls and                        Administration.                                               Prevention, 40(2), 675–682. doi: 10.1016/
                                                motor vehicle collisions. The New England Journal                         43 Fitch, G.M. & Hanowski, R. J. (2011). The risk           j.app.2007.09.004.
                                                of Medicine, 336, 453–458.                                              of a safety-critical event associated with portable              47 Strayer, D.L., Drews, F.A., & Johnston, W.A.
sradovich on DSK3GMQ082PROD with NOTICES




                                                  40 Hickman, J.S., Hanowski, R.J., & Bocanegra, J.                     device use as a function of driving task demands.             (2003). Cell phone-induced failures of visual
                                                (2010). Distraction in Commercial Trucks and                            Proceedings of the 2nd International Conference on            attention during simulated driving. Journal of
                                                Buses: Assessing Prevalence and Risk in                                 Driver Distraction and Inattention.                           Experimental Psychology: Applied, 9(1), 23–32.
                                                Conjunction with Crashes and Near-Crashes                                 44 Atchley, P. & Dressel, J. (2004). Conversation
                                                                                                                                                                                         48 Fitch, G., et al. (2013). The Impact of Hand-
                                                (FMCSA–RRR–10–049). Washington, DC: Federal                             limits the functional field of view. Human Factors:
                                                Motor Carrier Safety Administration.                                    The Journal of the Human Factors and Ergonomics               Held and Hands-Free Cell Phone Use on Driving
                                                  41 Klauer, S.G., et al. (2006). The Impact of Driver                  Society 46(4), 664–673.                                       Performance and Safety-Critical Event Risk (DOT
                                                Inattention on Near-Crash/Crash Risk: An Analysis                         45 Drews, F.A., Pasupathi, M., & Strayer, D.L.              HS 811 757). Washington, DC: National Highway
                                                Using the 100-Car Naturalistic Driving Study Data                       (2004). Passenger and cell-phone conversations in             Traffic Safety Administration.



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                                                                                    Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                             87665

                                                  The risk rate approach generates a                        used to address this limitation. A total                    periods. Table 6 presents the odds ratios
                                                powerful estimate of risk by using all                      of 2,308 baseline periods were randomly                     (ORs) and 95-percent confidence limits
                                                accounts of when cell phones were used                      sampled based on each driver’s driving                      for various cell phone subtasks. As in
                                                while driving. However, it cannot assess                    time in the study. This number was                          the previous risk analysis, only VM
                                                the SCE risk relative to ‘‘just driving’’                   selected to be at least four times the 342                  subtasks performed on an HH cell
                                                (defined as driving void of all non-                        SCEs that were identified. The odds of                      phone were found to be associated with
                                                driving-related secondary tasks) without                    an SCE occurring during specific cell                       an increased SCE risk. Conversing on a
                                                the availability of estimates of the                        phone subtasks were then compared to                        cell phone (i.e., any type of cell phone)
                                                propensity for each potential secondary                     the odds of an SCE occurring when just                      was not found to increase SCE risk.
                                                task that is performed while driving.                       driving. Note that ‘‘just driving’’ was
                                                The case-control approach was thus                          only found in 46 percent of the baseline

                                                        TABLE 6—SCE RISK ASSOCIATED WITH CELL PHONE USE AS COMPUTED THROUGH CASE-CONTROL APPROACH
                                                                                                                                                             Number
                                                                                                                                                             baseline
                                                             Subtask                      OR               LCL              UCL              #SCE                            SCE total     BL total      Total
                                                                                                                                                             periods
                                                                                                                                                               (BL)

                                                Cell Phone Use—Col-
                                                  lapsed ...........................            1.1             0.8              1.53                 57               358         211         1,426        1,637
                                                Visual-Manual Subtasks ..                    * 1.73            1.12              2.69                 29               116         183         1,184        1,367
                                                     Text messaging/
                                                       Browsing ................               1.73            0.98              3.08                 16                64         170         1,132        1,302
                                                     Locate/Answer ..........                * 3.65            1.67                 8                 10                19         164         1,087        1,251
                                                     Dial ............................         0.99            0.12              8.11                  1                 7         155         1,075        1,230
                                                     Push to Begin/End
                                                       Use ........................            0.63            0.08              4.92                  1                11         155         1,079        1,234
                                                     End HH Phone Use ..                       1.26            0.43              3.71                  4                22         158         1,090        1,248
                                                Talking on Cell Phone .....                    0.75            0.49              1.15                 28               259         182         1,327        1,509
                                                     HH Talking ................               0.79            0.43              1.44                 13               114         167         1,182        1,349
                                                     PHF Talking ..............                0.73            0.36              1.47                  9                86         163         1,154        1,317
                                                     IHF Talking ...............               0.71             0.3              1.66                  6                59         160         1,127        1,287
                                                HH Cell Phone Use (Col-
                                                  lapsed) ..........................           1.39            0.96              2.03                 41               204         195         1,272        1,467
                                                PHF Cell Phone Use (Col-
                                                  lapsed) ..........................           0.79               0.4            1.55                 10               88          164         1,156        1,320
                                                IHF Cell Phone Use (Col-
                                                  lapsed) ..........................           0.62            0.26              1.46                  6                67         160         1,135        1,295
                                                   * Indicates a difference at the .05 level of significance.


                                                   The overall results from the study                       including the 100-Car Naturalistic                          This plan consisted of four main
                                                presented a clear finding: Visual-manual                    Driving Study.50 51 52 53                                   initiatives:
                                                subtasks performed on hand-held cell                                                                                       1. Improve the understanding of the
                                                                                                            F. Overview of Efforts To Combat Driver
                                                phones degraded driver performance                          Distraction                                                 extent and nature of the distraction
                                                and increased SCE risk. Although                                                                                        problem. This includes improving the
                                                current hands-free cell phone interfaces                       Recognizing the distraction safety                       quality of data NHTSA collects about
                                                allow drivers to communicate with their                     issue outlined above, NHTSA published                       distraction-related crashes and
                                                voices, there is a concern that they still                  the ‘‘Overview of the National Highway                      improving analysis techniques.
                                                require visual-manual interactions. In                      Traffic Safety Administration’s Driver                         2. Reduce the driver workload
                                                fact, drivers in this study frequently                      Distraction Program,’’ 54 in April 2010.                    associated with performing tasks using
                                                initiated hands-free calls and performed                       50 Neale, V.L., et al. (2005). An Overview of the
                                                                                                                                                                        original equipment, aftermarket, and
                                                other visual-manual operations (e.g.,                       100-Car Naturalistic Study and Findings, ESV Paper          portable in-vehicle electronic devices by
                                                texted) with a hand-held cell phone. A                      05–0400.                                                    working to limit the visual, manual, and
                                                notable finding was that approximately                         51 Dingus, T.A., et al. (2006). The 100-Car
                                                                                                                                                                        cognitive demand associated with
                                                half of the hands-free cell phone                           Naturalistic Driving Study, Phase II—Results of the         secondary tasks performed using these
                                                                                                            100-Car Field Experiment (DOT HS 810 593).
                                                interactions in this study were found to                    Washington, DC: National Traffic Safety                     devices. Better device interfaces will
                                                involve visual-manual interactions with                     Administration.                                             minimize the time and effort involved
                                                the hand-held phone. These findings                            52 Klauer, S.G., et al. (2006). The Impact of Driver
                                                                                                                                                                        in a driver performing a task using the
                                                that implicate visual-manual distraction                    Inattention on Near-Crash/Crash Risk: An Analysis           device. Minimizing the workload
                                                                                                            Using the 100-Car Naturalistic Driving Study Data
                                                as the primary distraction risk are                         (DOT HS 810 594). Washington, DC: National                  associated with performing secondary
                                                consistent with previous naturalistic                       Traffic Safety Administration.                              tasks with a device will permit drivers
                                                driving investigations of crash risk                           53 Klauer, S.G., et al. (2010). An Analysis of Driver
                                                                                                                                                                        to maximize the attention they focus
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                                                related to cell phone subtasks,49                           Inattention Using a Case-Crossover Approach On              toward the primary task of driving.
                                                                                                            100-Car Data: Final Report (DOT HS 811 334).
                                                                                                            Washington, DC: National Traffic Safety                     NHTSA’s Driver Distraction Guidelines
                                                  49 Hickman, J.S., Hanowski, R.J., & Bocanegra, J.         Administration.                                             fall under this initiative.
                                                (2010). Distraction in Commercial Trucks and                   54 NHTSA. (2010). Overview of the National
                                                                                                                                                                           3. Keep drivers safe through the
                                                Buses: Assessing Prevalence and Risk in                     Highway Traffic Safety Administration’s Driver
                                                Conjunction with Crashes and Near-Crashes                   Distraction Program, (DOT HS 811 299). Available
                                                                                                                                                                        introduction of crash avoidance
                                                (FMCSA–RRR–10–049). Washington, DC: Federal                 at http://www.nhtsa.gov/staticfiles/nti/distracted_         technologies. These include the use of
                                                Motor Carrier Safety Administration.                        driving/pdf/811299.pdf (last accessed on 10/4/16).          crash warning systems to re-focus the


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                                                87666                       Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

                                                attention of distracted drivers as well as              G. Efforts by States To Address                           Following these distraction summits,
                                                vehicle-initiated (i.e., automatic)                     Distracted Driving Involving the Use of                NHTSA has held several meetings with
                                                braking and steering to prevent or                      Portable Devices                                       stakeholders such as representatives of
                                                mitigate distraction-affected crashes.                                                                         the automotive and communications
                                                                                                           Most states, with the support of
                                                Research 55 56 57 58 on how best to warn                                                                       industries as well as researchers and
                                                                                                        NHTSA and the US DOT, have passed
                                                distracted drivers in crash imminent                                                                           other key leaders to continue the public
                                                                                                        laws to limit the use of portable devices
                                                situations is also supporting this                                                                             policy discussion on the distracted
                                                                                                        while driving. Currently, 46 states, DC,
                                                initiative. NHTSA is also performing a                                                                         driving issue. For the public, NHTSA
                                                                                                        Puerto Rico, Guam, and the U.S. Virgin
                                                large amount of research on automatic                                                                          has created a Web site,
                                                                                                        Islands ban texting while driving for
                                                emergency braking technologies (e.g.,                                                                          www.distraction.gov, to provide timely
                                                                                                        drivers of all ages. Fourteen states, DC,
                                                crash warning systems or automatic                                                                             information on distracted driving and
                                                                                                        Puerto Rico, Guam, and the U.S. Virgin
                                                braking systems) and dynamic brake                                                                             current information on related research
                                                                                                        Islands ban drivers of all ages from
                                                support.                                                                                                       and development activities.
                                                                                                        using hand-held cell phones while
                                                   4. Educate drivers about the risks and                                                                         NHTSA has had, and continues to
                                                                                                        driving.
                                                consequences of distracted driving. This                                                                       use, public service messages to change
                                                includes targeted media messages,                          In 2012, NHTSA partnered with the
                                                                                                        State of California and the State of                   the attitudes and behaviors of drivers
                                                drafting and publishing sample text-                                                                           through social norming and
                                                messaging laws for consideration and                    Delaware to initiate a high-visibility
                                                                                                        enforcement (increased police presence                 enforcement messages. Social norming
                                                possible use by the states, testing high-                                                                      messaging is designed to appeal to the
                                                visibility enforcement programs, and                    supported by paid and earned media)
                                                                                                        demonstration program in the                           individual to change their behavior
                                                publishing guidance for a ban on text
                                                                                                        Sacramento area of California and in the               because it is the socially acceptable
                                                messaging by Federal government
                                                                                                        State of Delaware in support of laws                   thing to do without an underlying
                                                employees while driving.
                                                                                                        banning the use of hand-held cell                      theme related to deterrence (e.g. ‘‘One
                                                   In June 2012, the US DOT released a
                                                                                                        phones while driving. Three waves of                   text or call could wreck it all’’). The
                                                ‘‘Blueprint for Ending Distracted
                                                                                                        enforcement were conducted between                     enforcement messages were designed to
                                                Driving.’’ 59 This was an update of the
                                                                                                        October 2012 and June 2013. The                        be used in conjunction with high
                                                ‘‘Overview of the National Highway
                                                                                                        featured tagline for the public face of the            visibility enforcement programs to
                                                Traffic Safety Administration’s Driver
                                                                                                        program was ‘‘Phone in one Hand,                       promote compliance with distracted
                                                Distraction Program.’’ These two
                                                                                                        Ticket in the Other.’’ During the study                driving laws or face the possible of an
                                                documents summarize NHTSA’s
                                                                                                        period, a small percentage of crashes                  enforcement encounter (e.g. ‘‘U Drive U
                                                planned steps to ‘‘help in its long-term
                                                                                                        were coded as distraction-related, but                 Text U Pay.’’) Several messages in each
                                                goal of eliminating a specific category of
                                                                                                        the crash data analyses did not reveal                 category have been used since the
                                                crashes—those attributable to driver
                                                                                                        any apparent effect of the high-visibility             inception of the distracted driving
                                                distraction.’’
                                                                                                        enforcement on the incidence of                        prevention effort.
                                                   Industry and safety advocacy groups
                                                                                                        distraction-related crashes. Driver                       NHTSA has also made efforts to reach
                                                have also been working to eliminate
                                                                                                        surveys, however, showed an increase                   out into the community on the issue of
                                                driver distraction using education and
                                                                                                        in awareness that cell phone laws were                 distracted driving through social media
                                                public awareness campaigns, as well as
                                                                                                        being enforced. Observed hand-held                     (e.g. ‘‘Twitter parties’’) and blogs. There
                                                through design guidance for built-in
                                                                                                        driver cell phone use dropped by one-                  have also been a number of webinars for
                                                systems and other aftermarket solutions.
                                                                                                        third from 4.1 percent to 2.7 percent in               stakeholders and the public to
                                                The following sections highlight the
                                                                                                        California (a 34% reduction); and from                 familiarize them with recent
                                                efforts by NHTSA and the US DOT in
                                                                                                        4.5 percent to 3.0 percent in Delaware                 developments in the effort to
                                                legislative and enforcement approaches,
                                                                                                        (a 33% reduction). The study concluded                 understand and reduce distractive
                                                education and public awareness
                                                                                                        that high-visibility enforcement can be                driving behavior.
                                                approaches, and device-based solutions
                                                                                                        implemented over wide-spread, multi-
                                                (e.g., guidelines or products), as well as                                                                        On February 6, 2014, the Senate
                                                                                                        jurisdictional areas and reduce the
                                                similar efforts by industry and safety                                                                         Committee on Commerce, Science, and
                                                                                                        number of people who use a hand-held
                                                advocates                                                                                                      Transportation, led by Senator Jay
                                                                                                        cell phone while driving.60
                                                                                                                                                               Rockefeller (West Virginia), held a
                                                  55 Lerner, N., et al. (2011). Crash Warning           H. Education and Public Awareness                      summit that focused on addressing
                                                Interface Metrics: Final Report (DOT HS 811 470a).      Efforts                                                potential technological solutions for
                                                Washington, DC: National Traffic Safety
                                                Administration.                                         1. Government Programs and Efforts                     minimizing driver distraction. The
                                                  56 Robinson, E., et al. (2011). Crash Warning                                                                summit consisted of three roundtable
                                                Interface Metrics: Task 3 Final Report: Empirical         The US DOT and NHTSA have put                        sessions: (1) The State of Distracted
                                                Studies of Effects of DVI Variability (DOT HS 811       considerable effort toward reaching out                Driving, (2) The State of Technology,
                                                470b). Washington, DC: National Traffic Safety          to the community and the various                       and (3) Where do we go from there?
                                                Administration.
                                                  57 Robinson, E., et al. (2011). Crash Warning
                                                                                                        stakeholders since the emergence of                    Participants in all three of these
                                                Interface Metrics: Task 3 Report Appendices (DOT        distracted driving as a traffic safety                 roundtables consisted of Federal
                                                HS 811 470c). Washington, DC: National Traffic          concern. The US DOT and NHTSA                          agencies, safety advocacy groups,
                                                Safety Administration.                                  conducted two national summits, one in                 industry associations, and companies
                                                  58 Forkenbrock, G., et al. (2011). A Test Track
                                                                                                        2009 and one in 2011, to bring attention               from the automobile, consumer
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                                                Protocol for Assessing Forward Collision Warning
                                                Driver-Vehicle Interface Effectiveness (DOT HS 811
                                                                                                        to the issue.                                          electronics, technology, and
                                                501). Washington, DC: National Traffic Safety                                                                  communications industries. The summit
                                                Administration.                                           60 Chaudhary, N.K., Connolly, J., Tison, J.,         facilitated a dialogue between the
                                                  59 NHTSA. (2012). Blueprint for Ending                Solomon, M., & Elliott, K. (2015). Evaluation of the   various organizations, encouraging all
                                                Distracted Driving (DOT HS 811 629). Available at:      NHTSA distracted driving high-visibility
                                                http://www.distraction.gov/downloads/pdfs/              enforcement demonstration projects in California
                                                                                                                                                               participants to continue working
                                                blueprint-for-ending-distracted-driving.pdf. (last      and Delaware. (DOT HS 812 108). Washington, DC:        together technologically to reduce the
                                                accessed on 10/4/16).                                   National Highway Traffic Safety Administration.        negative impacts of driver distraction.


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                                                                              Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                            87667

                                                2. Industry Programs and Efforts                          Verification Procedures on Driver-                    video or certain images). The specific
                                                   A range of industry stakeholders have                  Interactions with Advanced In-Vehicle                 per se lock outs are as follows:
                                                also put forth an effort to educate                       Information and Communication                            • Displaying video not related to
                                                drivers on the dangers of distracted                      Systems’’ developed by the Alliance of                driving;
                                                                                                          Automobile Manufacturers (Alliance                       • Displaying certain graphical or
                                                driving. While there are too many
                                                                                                          Guidelines) to be the most complete and               photographic images;
                                                education and public service                                                                                       • Displaying automatically scrolling
                                                announcement campaigns from industry                      up-to-date. The Alliance Guidelines
                                                                                                          provided valuable input in NHTSA’s                    text;
                                                and information outlets to list in this                                                                            • Manual text entry for the purpose of
                                                notice, two recent efforts by the wireless                efforts to address driver distraction
                                                                                                          issues. Although NHTSA drew heavily                   text-based messaging, other
                                                industry are included as examples (see                                                                          communication, or internet browsing;
                                                www.distraction.gov for a larger set of                   on that input in developing the Phase 1
                                                                                                          Guidelines, the agency identified a                   and
                                                examples). As early as 1999, the                                                                                   • Displaying text for reading from
                                                wireless industry expended                                number of aspects that could be
                                                                                                          improved upon in order to further                     books, periodical publications, Web
                                                considerable effort to promote driver                                                                           page content, social media content, text-
                                                education about distracted driving. Most                  enhance driving safety, enhance
                                                                                                          guideline usability, improve                          based advertising and marketing, or
                                                recently, the wireless industry partnered                                                                       text-based messages.
                                                with the National Safety Council for the                  implementation consistency, and
                                                                                                          incorporate the latest driver distraction                The per se lock out recommendations
                                                ‘‘On the Road, Off the Phone’’                                                                                  are not intended to prevent the display
                                                campaign, which was directed at                           research findings.
                                                                                                             The Phase 1 Guidelines are based                   of images related to driving such as
                                                parents and younger drivers and                                                                                 simple, two-dimensional map displays
                                                focused on the dangers of texting while                   upon a number of fundamental
                                                                                                          principles. These principles include                  for the purpose of navigation, which
                                                driving. In another campaign, AT&T                                                                              would conform to these Guidelines, as
                                                began the ‘‘It Can Wait’’ education and                   that:
                                                                                                             • The driver’s eyes should usually be              long as they are displayed in a safe
                                                awareness initiative recently, and                                                                              manner. These recommendations are
                                                garnered partnerships with several                        looking at the road ahead;
                                                                                                             • The driver should be able to keep                also not intended to prevent the display
                                                wireless carriers including Verizon                                                                             of internationally standardized symbols
                                                                                                          at least one hand on the steering wheel
                                                Wireless, Sprint, and T-Mobile, as well                                                                         and icons, TrademarkTM and
                                                                                                          while performing a secondary task (both
                                                as an endorsement from the CTIA—The                                                                             Registered® symbols (such as company
                                                                                                          driving-related and non-driving related);
                                                Wireless Association.
                                                                                                             • The distraction induced by any                   logos), or images intended to aid a
                                                I. Design Guideline Efforts                               secondary task performed while driving                driver in making a selection in the
                                                                                                          should not exceed that associated with                context of a non-driving-related task,
                                                1. NHTSA’s Phase 1 Visual-Manual                                                                                provided that the images extinguish
                                                                                                          a baseline reference task (manual radio
                                                Driver Distraction Guidelines                                                                                   automatically upon completion of the
                                                                                                          tuning);
                                                   As part of NHTSA’s efforts to reduce                      • Any task performed by a driver                   task.
                                                driver workload associated with                           should be interruptible at any time;                     For all other visual-manual secondary
                                                performing tasks using devices within                        • The driver, not the system/device,               tasks, the Phase 1 Guidelines specify
                                                the vehicle (original equipment,                          should control the pace of task                       two alternative test methods for
                                                aftermarket, and portable in-vehicle                      interactions; and                                     measuring the impact of performing a
                                                electronic devices) the agency has been                      • Displays should be easy for the                  task on driving safety, as well as time-
                                                developing Driver Distraction                             driver to see and content presented                   based acceptance criteria for assessing
                                                Guidelines for these devices. NHTSA                       should be easily discernible.                         whether a task interferes too much with
                                                issued its first phase of driver                             The Phase 1 Guidelines list certain                driver attention. It should be noted that
                                                distraction guidelines on April 26, 2013,                 activities that inherently interfere with             secondary task is a broad term that
                                                after notice and comment.61 NHTSA’s                       a driver’s ability to safely control the              captures any interaction the driver has
                                                Phase 1 Visual-Manual Driver                              vehicle, and the Guidelines recommend                 with an in-vehicle device that is not
                                                Distraction Guidelines cover OE in-                       that in-vehicle devices be designed so                directly related to the safe operation and
                                                vehicle electronic devices that are                       that they cannot be used by the driver                control of a vehicle, and thus captures
                                                operated by the driver through visual-                    to perform these inherently distracting               all non-driving-related tasks as well as
                                                manual means (i.e., the driver looks at                   activities while driving (referred to as              driving-related tasks that aid the driving
                                                a device, manipulates a device-related                    ‘‘per se lock outs’’). The basis for these            task but not the safe operation or control
                                                control with his or her hand, and/or                      lock outs includes activities that are                of the vehicle. If a visual-manual
                                                watches for visual feedback from the                      discouraged by public policy and, in                  secondary task does not meet the
                                                device). The Phase 1 Guidelines cover                     some instances, prohibited by Federal                 acceptance criteria, the Phase 1
                                                any OE electronic device that the driver                  regulation and/or State law (e.g.,                    Guidelines recommend that OE in-
                                                can easily see and/or reach, even if                      entering or displaying text messages).                vehicle devices be designed so that the
                                                intended for use solely by passengers.                    They also include activities identified in            task cannot be performed by the driver
                                                However, the Phase 1 Guidelines do not                    industry driver distraction guidelines,               while driving. Both of these test
                                                cover any device that is located fully                    which NHTSA agrees are likely to                      methods focus on the amount of visual
                                                behind the front seat of the vehicle or                   distract drivers significantly (e.g.,                 attention necessary to complete a task.
                                                any front-seat device that cannot readily                 displaying video or automatically                     Eye-glance-based criteria were selected
                                                                                                          scrolling text). Finally, the lock outs
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                                                be reached or seen by the driver.                                                                               because the research on visual-manual
                                                   To facilitate the development of these                 include activities that are extremely                 distraction establishes a link between
                                                guidelines, NHTSA studied existing                        likely to be distracting due to their very            visual attention (eyes off the road) and
                                                guidelines relating to driver distraction                 purpose of attracting visual attention,               crash risk.
                                                prevention and reduction and found the                    but whose obvious potential for                          The first recommended test method
                                                ‘‘Statement of Principles, Criteria and                   distraction cannot be measured using a                measures the amount of time that the
                                                                                                          task timing system because the activity               driver’s eyes are drawn away from the
                                                  61 78   FR 24817 (Apr. 26, 2013).                       could continue indefinitely (displaying               forward roadway while performing a


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                                                87668                       Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

                                                task. The Phase 1 Guidelines                            use the NHTSA Phase 1 Guidelines as                    roadside station, portable device, cloud-
                                                recommend that devices be designed so                   a starting point. The focus of this group              based server, etc. These interoperability
                                                that tasks can be completed by the                      had been to create a set of recommended                standards define functional
                                                driver while driving with individual                    practices by bringing together industry                mechanisms, data formats, and
                                                glances away from the roadway of 2                      stakeholders and soliciting their                      communications protocols. The
                                                seconds or less and a cumulative time                   technical input and expertise. These                   proposed ITU–T ‘‘User Interface
                                                spent looking away from the roadway of                  voluntary, industry-based recommended                  Requirements for Automotive
                                                12 seconds or less. The second test                     practices were intended to be used by                  Applications’’ (P.UIA Recommendation)
                                                method uses a visual occlusion                          portable electronic device                             would provide design guidance for user
                                                technique and involves participants                     manufacturers, software developers, and                interfaces, as well as recommended test
                                                performing a task using occlusion                       any other interested parties to improve                procedures and performance thresholds.
                                                goggles that alternatively open and shut                the safety of driving and non-driving-                 As it stands, the published P.UIA
                                                every 1.5 seconds. The Phase 1                          related task performance. In mid-2014,                 Recommendation only proposes a
                                                Guidelines recommend that devices be                    the Working Group abandoned its work                   structure for the guidance. The ITU–T’s
                                                designed so that tasks can be completed                 to develop industry-based guidelines                   efforts were concluded in 2013 with the
                                                with a cumulative shutter open time of                  due to liability concerns, instead                     publication of several reports.65
                                                12 seconds or less.                                     modifying its overall objective to                        NHTSA is also participating as a
                                                  In addition to identifying inherently                 produce a technical report that                        liaison for a task group formed by the
                                                distracting tasks and providing a means                 categorizes ‘‘products and services                    Car Connectivity Consortium (CCC), the
                                                to measure and evaluate the level of                    offered by the consumer electronics (CE)               developers of Mirror Link, to discuss the
                                                distraction associated with other                       industry that help make the driving                    technical issues of device pairing,
                                                secondary tasks, the Phase 1 Guidelines                 experience safer.’’ 62 CTA’s technical                 integration, testing, and certification.
                                                contain other recommendations for in-                   report surveying the existing driver                   Mirror Link represents a major industry
                                                vehicle devices designed to limit and                   mode technologies was released in                      effort to enable and promote device
                                                reduce their potential for distraction.                 January 2015.63 NHTSA has been                         pairing in vehicles. This effort began in
                                                Examples include a recommendation                       participating in CTA’s working group as                November 2014.
                                                that performance of visual-manual tasks                 a non-voting liaison since its inception.                 In addition to these formal industry
                                                should not require the use of more than                 NHTSA has provided explanations and                    efforts to produce best practices,
                                                one hand, a recommendation that each                    rationale for aspects of NHTSA’s Phase                 guidelines, and recommendations,
                                                device’s active display be located as                   1 Visual-Manual Driver Distraction                     several companies and groups have
                                                close as practicable to the driver’s                    Guidelines, and participated in                        demonstrated various technical
                                                forward line of sight, and a                            discussions regarding the application of               solutions for aspects of the distracted
                                                recommended maximum downward                            the guideline’s basic principles to the                driving problem to NHTSA. These
                                                viewing angle to the geometric center of                complex, multipart ecosystem of                        solutions include a driver mode for
                                                each display.                                           portable and aftermarket electronic                    portable devices, anti-texting software
                                                  In the notice announcing the Phase 1                  devices.                                               applications that provide the capability
                                                Guidelines, the agency clarified that                      There have also been efforts within                 to lock out the portable device screen,
                                                because the Guidelines were voluntary                   the standardization sector of the                      and driver distinction technologies that
                                                and non-binding, NHTSA’s normal                         International Telecommunications                       are both vehicle- and portable-device
                                                enforcement procedures related to                       Union (ITU–T) 64 to establish                          based. Each of these topics was
                                                Federal Motor Vehicle Safety Standard                   international consensus-based                          included in NHTSA’s Phase 2 Public
                                                (FMVSS) compliance were not                             distraction standards for Information                  Meeting in March 2014.
                                                applicable. However, NHTSA indicated                    and Communications Technologies
                                                that as part of its ongoing distraction                 (ICTs). The ITU–T effort was intended                  3. Public Meeting on the Phase 2
                                                research activities, the agency does                    to establish interoperability standards                Distraction Guidelines
                                                intend to monitor manufacturers’                        that enable the vehicle to safely manage                  On March 12, 2014, NHTSA hosted a
                                                voluntary adoption of the Phase 1                       driver interaction with ICT applications               public meeting to bring together vehicle
                                                Guidelines.                                             and services, regardless of if they are                manufacturers and suppliers, portable
                                                2. Efforts by Industry To Address Driver                downloaded to a vehicle or reside in a                 and aftermarket device manufacturers,
                                                Distraction From Portable Devices                                                                              portable and aftermarket device
                                                                                                           62 Consumer Electronics (2014) CEA Cataloguing
                                                                                                                                                               operating system providers, cellular
                                                   Various efforts focused on portable                  Driver Safety Products and Services [Press release].
                                                                                                                                                               service providers, industry associations,
                                                and aftermarket devices have been                       Retrieved from http://www.ce.org/News/News-
                                                                                                        Releases/Press-Releases/2014/CEA-Cataloguing-          application developers, researchers, and
                                                initiated by industry to address driver                 Driver-Safety-Products-and-                            consumer groups to discuss technical
                                                distraction. In July 2013, the Consumer                 Service.aspx?feed=Technology-Standards-Press-          issues regarding the agency’s
                                                Technology Association (CTA), an                        Releases (last accessed on 10/4/16).
                                                                                                                                                               development of Phase 2 Driver
                                                association comprised of 2,000                             63 Consumer Electronics (2015). Keeping Your
                                                                                                                                                               Distraction Guidelines for portable and
                                                companies within the consumer                           Eyes on the Road: What the CE Industry is Doing
                                                                                                        to Help You Drive Safely. CEA–TR–6. Avalaible for      aftermarket devices. The transcript for
                                                technology industry, initiated a Working                purchase at http://www.techstreet.com/standards/       the public meeting and webcast video
                                                Group focused on addressing portable                    cta-tr-6?product_id=1888242 (last accessed on 10/4/    can be found in the docket for today’s
                                                and aftermarket electronic devices used                 16).
                                                                                                                                                               proposed guidelines,66 along with
                                                                                                           64 The International Telecommunication Union
                                                by drivers in vehicles (formally named
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                                                                                                        (ITU) is the United Nations specialized agency in
                                                R6 WG18 Driver-Device Interface                         the field of telecommunications, information and         65 See the ITU–T’s Web site for the Focus Group
                                                Working Group). Through mid-2014, the                   communication technologies (ICTs). The ITU             on Distraction, which includes all reports that
                                                group had the goal of developing                        Telecommunication Standardization Sector (ITU–T)       resulted from this effort. Available at http://
                                                industry-based guidelines for portable                  is a permanent organ of ITU. ITU–T is responsible      www.itu.int/en/ITU–T/focusgroups/distraction/
                                                                                                        for studying technical, operating and tariff           Pages/default.aspx (last accessed on 10/4/16).
                                                device design that would address driver                 questions and issuing Recommendations on them            66 Docket No. NHTSA–2013–0137, ‘‘Driver
                                                distraction. As indicated in a letter to                with a view to standardizing telecommunications        Distraction Guidelines (Phase 2) for Portable and
                                                the agency, the group had planned to                    on a worldwide basis.                                  After-Market Devices Public Meeting Agenda and



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                                                                            Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                             87669

                                                copies of all presentations and spoken                  instead of guidelines or                              problem should be the government’s
                                                remarks.                                                recommendations.                                      focus.
                                                   In the public meeting, NHTSA                            The pairing panel consisted of                        The Alliance, Blackberry Limited,
                                                presented an overview of the Phase 1                    presentations by General Motors,                      General Motors, and Consumers Union
                                                Driver Distraction Guidelines and the                   Toyota, Delphi, and the Car                           all supported NHTSA’s emphasis on
                                                key technical issues in Phase 2. CTA                    Connectivity Consortium. The Driver                   paired solutions. The Alliance reiterated
                                                presented a summary of its efforts to                   Mode and Advanced Technologies                        findings from research that quantified
                                                develop industry-based best practices                   panel consisted of presentations by                   the extent to which consumers are
                                                for portable and aftermarket devices that               AT&T, Garmin, and Pioneer. The Driver-                ‘‘connected’’ in their daily lives,
                                                could be used by drivers inside the                     Passenger Distinction panel consisted of              including while driving. The Alliance
                                                vehicle. Following these presentations,                 presentations by Cellcontrol,                         highlighted this research, which was
                                                there were three panels of invited                      Cellepathy, and Lakeland Ventures                     posted to the Phase 1 Docket, as
                                                experts who addressed the following                     Development-Takata. NHTSA                             additional support for pairing or
                                                technical topics: (1) Vehicle and                       conducted a period of questions and                   tethering solutions. The Alliance also
                                                portable/aftermarket device pairing, (2)                answers from the panelists after the                  highlighted that some of its members
                                                Driver Mode and advanced                                presentations. NHTSA received                         were already working towards pairing
                                                technologies, and (3) technologies that                 additional comments from Consumers                    solutions, and that the Car Connectivity
                                                automatically distinguish between                       Union, Origo, and Vesstech that were                  Consortium was a formal industry
                                                devices used by drivers and passengers.                 read from the floor. Each of these                    organization working towards that end.
                                                   In its presentation about the                        presentations and spoken remarks can                  General Motors mentioned its own
                                                Distraction Guidelines, NHTSA                           be found in the Phase 2 docket.67                     efforts towards paired solutions.
                                                highlighted the guiding principles for                     Comments: In response to the public                Blackberry Limited urged NHTSA to
                                                the guidelines along with the technical                 meeting, eight comments were posted to                consider the ITU–T draft set of industry-
                                                approaches to Phases 1 and 2. NHTSA                     the docket by the Alliance of                         generated recommendations for
                                                emphasized pairing between the vehicle                  Automobile Manufacturers (Alliance),                  information and communications
                                                and portable devices as a means for                     Blackberry Limited, CTIA—The                          technologies. Consumers Union
                                                incorporating portable and aftermarket                  Wireless Association, General Motors,                 described its findings on various
                                                devices under the Phase 1 Distraction                   Life Apps, the National Safety Council,               existing pairing solutions, and
                                                Guidelines. NHTSA also discussed                        Vesstech, and Consumers Union. Seven                  specifically how easy or user-friendly
                                                Driver Mode as an approach for                          of the eight commenters supported                     the pairing process was for drivers.
                                                unpaired portable devices. NHTSA                        NHTSA’s Phase 2 Distraction                           Blackberry Limited offered several
                                                encouraged the development of                           Guidelines, with only CTIA                            specific suggestions for NHTSA to
                                                technology that can distinguish driver                  recommending that solutions to portable               consider about pairing solutions and
                                                portable device use from passenger                      device-based driver distraction be left               Driver Mode.
                                                portable device use. NHTSA noted that                   solely to industry collaborations. CTIA                  The response to Driver Mode solution
                                                similar test procedures and acceptance                  also challenged NHTSA’s authority to                  was mixed, with the Alliance stating
                                                thresholds from Phase 1 would be                        issue regulations, or even voluntary                  that the only acceptable Driver Mode
                                                applied to Phase 2. Other issues under                  guidelines, for portable devices. The                 was the portable device in the ‘‘off’’
                                                consideration for the Phase 2 Distraction               Alliance and General Motors urged                     setting, and that Driver Mode ‘‘apps’’
                                                Guidelines included applicability to                    NHTSA to complete Phase 2 as soon as                  that drivers must choose to engage are
                                                head-up displays and wearable devices,                  possible, and the Alliance suggested                  not realistic solutions. Blackberry
                                                any additional per se lock outs that                    NHTSA combine Phases 1 and 2 into a                   Limited, Consumers Union, and Life
                                                might be required for portable and                      single set of NHTSA Distraction                       Apps provided specific
                                                aftermarket devices, placement of the                   Guidelines. The National Safety Council               recommendations or support for Driver
                                                portable device for testing, and                        requested NHTSA reconsider the three-                 Mode implementations. Blackberry
                                                continuous display information that                     phase approach to the distraction                     Limited had specific suggestions
                                                does not meet the Phase 1 task                          guidelines and to consider the full body              regarding pairing and Driver Mode, and
                                                definition. NHTSA concluded its                         of driver distraction literature rather               urged NHTSA to not recommend less
                                                presentation by highlighting the general                than focusing solely on visual-manual                 stringent guidelines for Driver Mode,
                                                process for publishing the Phase 2                      distraction. Specifically, the National               but also not to include specific
                                                Distraction Guidelines.                                 Safety Council urged NHTSA to include                 technological approaches (i.e., the
                                                   Following NHTSA’s presentation,                                                                            specific wireless communication
                                                                                                        cognitive distraction issues in Phase 2
                                                CTA gave a presentation on its Driver-                                                                        protocol between the portable device
                                                                                                        along with the visual-manual that were
                                                Device Interface Working Group and                                                                            and the vehicle) in the Phase 2
                                                                                                        the focus of the Phase 1 Distraction
                                                activities for generating industry-based                                                                      Distraction Guidelines. CTIA also noted
                                                                                                        Guidelines. CTIA commented that
                                                best practices. In its presentation at the                                                                    the fact that several driver mode ‘‘apps,’’
                                                                                                        translating the Phase 1 Distraction
                                                public meeting, CTA noted that it                                                                             or applications that otherwise limit
                                                                                                        Guidelines to portable devices is
                                                believes best practices developed by                                                                          portable device functionality while
                                                                                                        infeasible, partly due to the complex
                                                industry collaboration have the greatest                                                                      driving, are currently available is
                                                                                                        ecosystem surrounding portable
                                                chance of success in the marketplace.                                                                         evidence that industry is working
                                                                                                        devices, and that education and
                                                Additionally, CTA recommended                                                                                 towards solutions to the distraction
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                                                                                                        legislative approaches to the distraction
                                                pairing. As of mid-2014, the Working                                                                          problem with portable devices, and
                                                Group modified its objective, choosing                    67 Docket No. NHTSA–2013–0137, ‘‘Driver             therefore NHTSA’s guidelines are
                                                to develop a technology inventory                       Distraction Guidelines (Phase 2) for Portable and     unnecessary.
                                                                                                        After-Market Devices Public Meeting Agenda and           The Alliance supported NHTSA’s
                                                Presentations ’’ ID: NHTSA–2013–0137–0004.              Presentations’’ ID: NHTSA–2013–0137–0004.
                                                Available at http://www.regulations.gov/                Available at http://www.regulations.gov/
                                                                                                                                                              inclusion of driver-passenger distinction
                                                #!docketDetail;D=NHTSA-2013-0137 (last accessed         #!docketDetail;D=NHTSA-2013-0137 (last accessed       technology and urged NHTSA to
                                                on 10/4/16).                                            on 10/4/16).                                          establish a cooperative research program


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                                                87670                       Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

                                                with industry to foster technological                   Thinking?’’ 70 that brought members of                a speed threshold, and a quick, but
                                                development in this area.                               the international research community                  challenging task is required to re-enable
                                                   Some commenters in the public                        and safety advocates together to discuss              full functionality on the device. These
                                                meeting had specific implementation                     what cognitive distraction is, how to                 authentication tasks are designed to be
                                                suggestions for portable device-use                     measure it, and what to do about it.                  quick and easy for non-drivers, but
                                                while driving. For example, the                         NHTSA is also currently conducting a                  nearly impossible to complete
                                                National Safety Council suggested                       significant amount of research related to             successfully within the short time limit
                                                NHTSA require portable devices have                     auditory-vocal (i.e., voice-based) system             for drivers.
                                                an option to quickly turn the portable                  interfaces, as well as a study to explore                NHTSA recognizes that there may be
                                                device off while driving. Life Apps                     ways of measuring internal cognitive                  other concepts to achieve driver-
                                                highlighted an approach that uses the                   distraction (e.g., mind wandering) while              passenger distinction that were not
                                                portable device only, which does not                    driving.                                              presented in the Public Meeting, but
                                                require hardware components to detect                      NHTSA has reviewed each of the                     those presented provide an example of
                                                that the driver is using the device when                detailed recommendations from the                     how this capability can be achieved
                                                driving. Vesstech argued for a solution                 various commenters on both pairing and                technologically. Accordingly, NHTSA
                                                that included mandatory vocal warnings                  driver mode. Some of those                            continues to monitor the development
                                                to be automatically spoken to drivers. It               recommendations are consistent with                   and progress of driver-passenger
                                                suggested that the emotional content                    NHTSA’s goal of remaining neutral                     distinction technologies, and seeks
                                                relayed by the human voice would be an                  regarding specific technological                      input on how to foster the refinement of
                                                effective deterrent that would                          approaches to pairing and to Driver                   that technology to enhance reliable and
                                                discourage portable device use while                    Mode activation, and therefore are                    automatic Driver Mode solutions for
                                                driving. CTIA argued that education,                    reflected in these proposed Phase 2                   unpaired portable devices. For example,
                                                legislation, and technical innovation are               Guidelines. At NHTSA’s public                         the Alliance recommended establishing
                                                the best ways to address distraction                    meeting, participants on the Driver-                  a cooperative research program. The
                                                from portable devices, and listed the                   Passenger Distinction panel presented                 agency seeks comments from all
                                                ways in which they have been active in                  different technological approaches to                 stakeholders on what specific research
                                                each area.                                              identifying which vehicle occupant is                 needs remain to progress driver-
                                                   Agency Response: NHTSA is                            using a portable device. Most                         passenger distinction technology to full
                                                considering combining Phase 1 and 2                     approaches use a combination of                       maturity.
                                                Guidelines, to the extent practicable. As               hardware and software installed in the                   All presentations and comments from
                                                discussed previously, we seek comment                   vehicle and on the portable device to                 the NHTSA Phase 2 Public Meeting are
                                                on the combination of the Phase 1 and                   determine whether the device user is a                available for download in the Phase 2
                                                2 Guidelines. A statement of NHTSA’s                    driver or passenger.                                  docket,71 along with the transcript of the
                                                authority to issue voluntary, non-                         One approach involved a piece of                   meeting and a link to the recorded
                                                binding guidance is included in Section                 hardware that creates zones within a                  webcast of the meeting.
                                                V of this notice.                                       vehicle by emitting signals. The driver’s
                                                   NHTSA provided a detailed                                                                                  III. Distraction Guidelines for Portable
                                                                                                        seating position would have a different
                                                explanation and rationale for the focus                                                                       and Aftermarket Devices
                                                                                                        signal that could be identified by
                                                on visual-manual distraction in the
                                                                                                        software and/or hardware on a portable                A. Scope
                                                Phase 1 Guidelines,68 which addresses
                                                                                                        device. Identifying the driver’s position
                                                the National Safety Council’s suggestion                                                                      1. Devices/Device Interfaces
                                                                                                        with this method would potentially
                                                that NHTSA include the full-range of                                                                             The proposed Phase 2 Guidelines
                                                                                                        allow the device to activate the driver
                                                distraction and associated research                                                                           would apply to the visual-manual
                                                literature, namely cognitive distraction.               mode only for the driver while he or she
                                                                                                        is driving. This signal could vary                    interfaces of portable and aftermarket
                                                NHTSA recognizes the importance of                                                                            devices that may be used by a driver. A
                                                experimental research findings, such as                 depending on the transmission state.
                                                                                                           Another driver-passenger distinction               ‘‘portable device’’ is defined as a device
                                                those using driving simulators, that                                                                          that can reasonably be expected to be
                                                show decreased driving performance for                  technology uses capacitive sensors
                                                                                                        within the seats that allow the vehicle               brought into a vehicle on a trip-by-trip
                                                distractions of all types. Both                                                                               basis and used in the vehicle by a driver
                                                naturalistic driving studies (such as                   to detect where portable devices are
                                                                                                        being used within a vehicle. These                    while driving, that is electrically
                                                NHTSA’s 2013 cell phone naturalistic                                                                          powered, and that has one or more of
                                                driving study 69) and experimental                      sensors are able to determine if each
                                                                                                        occupant is holding and using a                       the following capabilities:
                                                studies consistently show that visual-                                                                           • Allows user interaction.
                                                manual distraction contributes to                       portable device by utilizing the
                                                                                                        conductivity of the human body. By                       • Enters, sends, and/or receives
                                                degraded driving performance and a                                                                            information.
                                                significantly elevated crash risk. While                detecting if a driver is using a portable
                                                                                                        device, the vehicle can tell the portable                • Displays information in a visual
                                                the full body of research data is less                                                                        and/or auditory manner, or
                                                conclusive with respect to cognitive                    device to activate the driver mode.
                                                                                                        Driver Mode can be activated depending                   • Displays graphical, photographic,
                                                distraction, the agency continues to be                                                                       and/or video images.
                                                actively engaged in reviewing the latest                on the state of the vehicle’s transmission
                                                                                                        (i.e., park vs. drive).                                  The agency has tentatively concluded
                                                research findings. In May 2015, NHTSA                                                                         that this definition sets out the
                                                hosted an event called ‘‘Cognitive                         Finally, a device-only solution uses
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                                                                                                        an authentication task approach where                 appropriate scope for the types of device
                                                Distraction: What Were You
                                                                                                        a device automatically goes into a                      71 Docket No. NHTSA–2013–0137, ‘‘Driver
                                                  68 78 FR 24817 (Apr. 26, 2013), pp. 24836–24838.      limited use state (e.g., Driver Mode) at              Distraction Guidelines (Phase 2) for Portable and
                                                  69 Fitch, G., et al. (2013). The Impact of Hand-                                                            After-Market Devices Public Meeting Agenda and
                                                Held and Hands-Free Cell Phone Use on Driving             70 Presentations and video recording of the event   Presentations ’’ ID: NHTSA–2013–0137–0004.
                                                Performance and Safety-Critical Event Risk (DOT         can be found at the NHTSA Web site: http://           Available at http://www.regulations.gov/
                                                HS 811 757). Washington, DC: National Highway           www.nhtsa.gov/nhtsa/symposiums/may2015/               #!docketDetail;D=NHTSA-2013-0137 (last accessed
                                                Traffic Safety Administration.                          index.html (last accessed on 10/4/16).                on 10/4/16).



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                                                                            Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                                   87671

                                                interfaces that should be covered by the                to the task acceptance criteria. The                   government regulation, or devices
                                                Phase 2 Guidelines, i.e., the interfaces of             agency is concerned that although these                manufactured primarily for emergency
                                                portable electronic devices that are                    devices might tend to keep the eyes                    response vehicles. These exclusions
                                                likely to be used by drivers when                       oriented toward the forward roadway,                   mirror those listed in the Phase 1
                                                driving. Examples of portable devices                   the presentation of information in front               Guidelines for OE in-vehicle interfaces.
                                                covered by the proposed Phase 2                         of the driver may still result in visual               However, in contrast to the Phase 1
                                                Guidelines are smartphones, tablets, and                distraction causing the eyes to be                     Guidelines, NHTSA believes that the
                                                navigation devices. The                                 focused on the displayed information                   proposed Phase 2 Guidelines do not
                                                recommendations to manufacturers in                     rather than on the road (e.g., visual                  necessarily need to be restricted by
                                                these guidelines are intended to focus                  accommodation changes to view the                      vehicle weight and would apply to the
                                                on devices used by drivers while                        presented information could result in                  interfaces of portable and aftermarket
                                                driving. NHTSA seeks comment on                         the driver’s view of the forward                       devices used in medium and heavy
                                                whether clarification/revisions to the                  roadway being out of focus).                           vehicles (i.e., those with a gross vehicle
                                                provisions in this guidance document                    Accordingly, the agency has begun                      weight rating (GVWR) over 10,000
                                                are necessary to ensure that passengers/                research on these devices to determine                 pounds). The Phase 1 Guidelines
                                                non-drivers are not inadvertently                       whether their use impacts vehicle safety               excluded OE in-vehicle interfaces in
                                                impacted by this guidance document. In                  and, if so, what visual attention metrics              these vehicles because they are different
                                                other words, NHTSA seeks to ensure                      might be used to explain the effects.                  than the interfaces in light vehicles
                                                that passengers (including front                          Finally, NHTSA recognizes that many                  (GVWR of 10,000 pounds or less) and
                                                passengers) are able to use their devices               of these new portable devices are                      additional research would be needed to
                                                and applications without disruption.                    released as pre-production versions,                   develop guidelines for medium and
                                                   Additionally, this definition would                  thereby allowing the market to update,                 heavy vehicles. In contrast, NHTSA
                                                include some of the new portable                        refine, and shape the maturation of the                does not believe that the same types of
                                                technology that is beginning to appear,                 technology. NHTSA seeks comment on                     differences, if any, exist between
                                                such as wearable technology (electronic                 portable device product cycles along                   portable and aftermarket devices used in
                                                devices with interfaces that are worn on                with software updating processes to                    light vehicles versus those used in
                                                and move with the body) and certain                     better understand the evolving                         heavy vehicles, and, therefore such an
                                                non-OE, head-up displays (HUDs).72                      stakeholder landscape.                                 exclusion is not warranted for the Phase
                                                Wearable technology includes                              For the purposes of this Phase 2                     2 Guidelines.
                                                wristwatch computers and optical head-                  proposal, an ‘‘aftermarket device’’ is
                                                mounted displays (OHMD). Although                                                                                 The agency also seeks comment on
                                                                                                        defined as a device designed to be or                  device interfaces that should or should
                                                OHMD and HUD interfaces are                             reasonably expected to be installed or
                                                classified as portable or aftermarket                                                                          not be covered by the proposed Phase 2
                                                                                                        integrated into a vehicle after the                    Guidelines.
                                                devices and would therefore be covered                  vehicle is manufactured, is electrically
                                                by the Phase 2 Guidelines, the agency                   powered, and has one or more of the                    2. Tasks
                                                notes that there are issues with applying               following capabilities:
                                                the Phase 1 glance-based metrics to                       • Allows user interaction.                             The proposed Phase 2 Guidelines
                                                measure the level of visual distraction                   • Enters, sends, and/or receives                     would be applicable to the same types
                                                associated with the use of these devices.               information.                                           of visual-manual secondary tasks
                                                The most significant issue with                           • Displays information in a visual                   covered by the Phase 1 Guidelines,
                                                applying Phase 1 acceptance tests to                    and/or auditory manner, or                             including all non-driving-related tasks
                                                OHMD and HUD is that the performance                      • Displays graphical images,                         and some driving-related tasks (as noted
                                                criteria for measuring distraction is                   photographic images, and/or video.                     earlier), specifically those that are
                                                eyes-off-road time and the information                    An example of an aftermarket device                  neither related to the safe operation and
                                                from these technologies is displayed                    would be a non-OE head unit, such as                   control of the vehicle nor involve the
                                                either directly in front of the driver’s                in-dash car audio/video systems or in-                 use of a system required by law. Table
                                                eyes (OHMD) or on the windshield in                     dash navigation systems.                               1 of the updated Phase 1 Guidelines 74
                                                front of the driver (HUD). While the                      NHTSA requests comments on its                       published on September 14, 2014,
                                                driver may appear to be looking toward                  proposed definitions in the proposed                   contains a non-exhaustive list of the
                                                the forward roadway, the driver’s eyes                  Phase 2 Guidelines.                                    types of non-driving-related tasks to
                                                would actually be focused at a different                  The proposed Phase 2 Guidelines                      which the Guidelines would be
                                                focal distance that corresponds to the                  exclude several devices/device                         applicable, including various
                                                displayed OHMD/HUD information.                         interfaces, including the auditory-vocal               communications, entertainment, and
                                                This means that in testing it may not be                portions of a portable or aftermarket                  information tasks. This table is repeated
                                                possible to reliably discern whether the                device interface,73 device or device                   in Table 7 below.
                                                driver’s eyes are focused on the roadway                functions specified by law or
                                                or the information displayed on the                                                                              74 Docket No. NHTSA–2014–0088. ‘‘Guidelines
                                                                                                          73 NHTSA    recognizes that current auditory-vocal   for Reducing Visual-Manual Driver Distraction
                                                OHMD/HUD, which confounds the
                                                                                                        interfaces are multi-modal and include a               during Interactions with Integrated, In-Vehicle,
                                                ability to evaluate eye glance behavior                 combination of auditory-vocal and visual-manual        Electronic Devices Version 1.01’’ ID: NHTSA–2014–
                                                                                                        interactions. All visual-manual interactions are       0088–0002. Available at https://
                                                  72 HUDs for motor vehicles project information        subject to Phases 1 and 2 of the Distraction           www.regulations.gov/document?D=NHTSA-2014-
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                                                onto the windshield in front of the driver.             Guidelines.                                            0088-0002 (last accessed on 10/4/16).




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                                                87672                           Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

                                                                         TABLE 7—NON-DRIVING-RELATED TASKS/DEVICES TO WHICH THESE GUIDELINES APPLY
                                                      Type of task                                                                          Task/device

                                                Communications ........         Caller Identification, Incoming Call Management, Initiating and Terminating Phone Calls, Conference Phoning, Two-Way
                                                                                  Radio Communications, Paging, Address Book, Reminders, Text-Based Communications, Social Media Messaging or
                                                                                  Posting.
                                                Entertainment ............      Radio (including but not limited to AM, FM, and Satellite), Pre-recorded Music Players, All Formats, Television, Video
                                                                                  Displays, Advertising, Internet Browsing, News, Directory Services.
                                                Information .................   Clock, Temperature.



                                                  Like the Phase 1 Guidelines, the                        application that is intended to assist the            B. Overview of the Phase 2 Guidelines
                                                Phase 2 Guidelines would not apply to                     driver in the avoidance or mitigation of                 In order to address the vehicle safety
                                                tasks performed by the driver as part of                  crashes.’’ An example of a system that                problem posed by driver distraction due
                                                the safe operation and control of the                     would fall within this definition is a                to aftermarket and portable device
                                                vehicle, including any task related to                    portable device application that uses the             usage, NHTSA tentatively recommends
                                                the proper use of a driver safety warning                 device’s features (e.g., GPS,                         the following in its Phase 2 Guidelines:
                                                system. Although the agency did not                       accelerometer, or camera) to alert                       • Portable device manufacturers
                                                define the term driver safety warning                     drivers of lane departures or potential               incorporate pairing capabilities and
                                                system in the Phase 1 Guidelines, the                     collisions.                                           Driver Mode functions into their devices
                                                agency is including a definition in the                     Finally, the Phase 2 Guidelines apply               to reduce driver distraction.
                                                proposed Phase 2 Guidelines (that also
                                                                                                          to tasks that are clearly bounded by start               • OEMs incorporate pairing
                                                shall apply to Phase 1) because of the                                                                          capabilities into the design of their
                                                                                                          and end states as is discussed in the
                                                wide variety of portable and aftermarket                                                                        vehicles
                                                                                                          Phase 1 Guidelines (see section IV.B.9
                                                device applications that exist and the
                                                                                                          on p. 24884). Displays that continuously                 • Manufacturers of aftermarket
                                                agency’s concern that applications with                                                                         devices meet the requirements as
                                                                                                          report a system state like speed or fuel
                                                a questionable link to safety might be                                                                          specified for OE interfaces in Phase 1.75
                                                                                                          economy status are unbounded and are
                                                labeled as driver safety warning                                                                                   Figure 1 depicts how the Phase 2
                                                systems. Accordingly, the proposed                        therefore not subject to the Phase 1 or
                                                                                                                                                                Guidelines apply to both portable and
                                                Phase 2 Guidelines define ‘‘driver safety                 2 Guidelines.                                         aftermarket devices, including pairing
                                                warning system’’ as ‘‘a system or                                                                               and Driver Mode configurations.
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                                                  75 While the recommendation is that aftermarket         recommendation will be made in the Phase 2            would look to the Phase 2 guidelines for
                                                devices meet the Phase 1 Guidelines, this                 document. Therefore, aftermarket manufacturers        recommendations.



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                                                                            Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                           87673




                                                   NHTSA recommends pairing a                           driving (i.e., the ‘‘per se lock outs’’               and aftermarket devices, whether paired
                                                portable device with the in-vehicle                     referred to in the Phase 1 Guidelines                 with the in-vehicle system or in Driver
                                                system (i.e., OE or installed aftermarket               and the proposed Phase 2 Guidelines).                 Mode.
                                                systems) to minimize the potential                         Although NHTSA recommends that                       NHTSA acknowledges that some
                                                distraction associated with operating a                 pairing a portable device with the in-                devices, such as standalone portable
                                                visual-manual interface on a portable                   vehicle interface is the best way to                  navigation devices, are designed for,
                                                device. Vehicle manufacturers and the                   mitigate the distraction associated with              and exist primarily for use in a single
                                                portable device industry are already                    operating a visual-manual portable                    context (e.g. navigation in a motor
                                                working together to incorporate pairing                 device interface, the agency                          vehicle). These devices are useful
                                                between devices and vehicles, and the                   acknowledges that there will be                       because they package both the hardware
                                                agency hopes that the Phase 2                           situations when pairing does not occur,               and a user interface in one compact
                                                Guidelines will accelerate those                        either because the in-vehicle system                  portable unit. For such a device
                                                efforts.76 Pairing the device to the                    and/or portable device does not possess               designed primarily for use while
                                                vehicle would allow the driver to use                   the capability for pairing or because the             driving, pairing the device with the
                                                the built-in displays and controls.                     driver chooses not to pair with the in-               vehicle would not provide any benefit
                                                Assuming that the vehicle conforms to                   vehicle system. In order to mitigate the              since its native interface should meet
                                                the Phase 1 Guidelines, pairing would                   additional distraction associated with                the Driver Mode recommendations and
                                                ensure that the visual-manual secondary                 the use of an unpaired portable device,               pairing is not required. For this reason,
                                                tasks performed by the driver while                     the agency recommends that portable                   portable navigation devices that do not
                                                driving meet the time-based, eye-glance                 devices include a Driver Mode that,                   have pairing capability would not be
                                                task acceptance criteria specified in the               when activated, will present an                       expected to have a separate Driver
                                                Phase 1 Guidelines that is intended to                  interface that conforms with the                      Mode. NHTSA requests comments on
                                                mitigate the risk of distracted driving.                Phase 1 Guidelines recommendations                    whether the assumptions for this
                                                Pairing would also ensure that certain                  for electronic devices used by the driver             recommendation are reasonable and
                                                activities that would inherently interfere              while driving. In particular, when a                  appropriate.
                                                with the driver’s ability to safely control             portable device is in Driver Mode, the
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                                                                                                                                                              C. Pairing
                                                the vehicle would be locked out while                   device should lock out tasks that are
                                                                                                        among the Phase 1 Guidelines per se                   1. Pairing Recommendations
                                                  76 http://www.engadget.com/2014/10/02/apple-          lock outs or do not meet Phase 1 task                    The proposed Phase 2 Guidelines
                                                carplay-comes-to-pioneer-stereos-as-spotify-adds-       acceptance criteria.                                  recommend that vehicle manufacturers
                                                support/ (last accessed on 10/4/16). http://
                                                www.engadget.com/2014/10/03/hondas-in-car-
                                                                                                           NHTSA seeks comment on this                        and portable device manufacturers
                                                connect-system-does-android-its-own-way-hands-          approach and whether additional per se                should provide the necessary
                                                                                                                                                                                                          EN05DE16.002</GPH>




                                                on/ (last accessed on 10/4/16).                         lock outs are appropriate for portable                mechanisms to easily enable pairing


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                                                87674                        Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

                                                between the portable device and the                       recommendations may touch on                          or in portable or aftermarket devices.
                                                vehicle/in-vehicle system.77 In order to                  potential privacy concerns regarding the              NHTSA expects that OEMs, portable
                                                reduce the potential for distraction                      possibility of data transfer, sharing, and            device manufacturers, and aftermarket
                                                associated with pairing while also                        storage between the vehicle, device, and              manufacturers to be proactive and take
                                                encouraging drivers to pair their                         off-board systems. The proposed                       the steps necessary to protect against
                                                devices, pairing should be an easy-to-                    Guidelines do not recommend any                       present and future motor vehicle
                                                understand task that allows the driver to                 particular method of pairing or specify               cybersecurity threats. We seek comment
                                                set up the portable device to                             how automakers and the portable and                   on the continuing steps that must be
                                                communicate with the in-vehicle system                    aftermarket device industries should                  taken to ensure that pairing does not
                                                in the fewest number of steps possible,                   address how information is shared and                 adversely affect vehicle cybersecurity.
                                                even automatically if feasible. If a                      used. The agency encourages industry to               D. Driver Mode
                                                portable device and vehicle pair easily,                  consider how privacy risks can be
                                                it is less likely that a user will become                 minimized as part of the development                     Ideally, a Driver Mode would not be
                                                discouraged and not attempt to pair a                     and improvement of pairing systems.                   necessary since NHTSA believes those
                                                device with a vehicle. NHTSA                                 Industry groups have begun to                      functions related to the driving task
                                                encourages all entities involved with the                 address the issue of privacy as the                   should occur when the device is paired
                                                engineering and design of pairing                         Alliance of Automobile Manufacturers                  with an in-vehicle system that conforms
                                                technologies to jointly develop                           and Global Automakers published a set                 with the Phase 1 Guidelines. However,
                                                compatible and efficient processes that                   of principles on November 12, 2014.78                 our data confirms what everyday
                                                focus on improving the usability of                          In light of these potential issues,                observation indicates: Many drivers
                                                connecting a portable device with the                     NHTSA seeks comment on how                            routinely use their portable device(s)
                                                in-vehicle system. The proposed                           information is shared between the                     while driving. The agency believes that
                                                Guidelines further recommend that any                     vehicle, device, and off-board systems                over time as pairing becomes easier,
                                                required visual-manual interactions                       when devices are paired with the                      increased device pairing may help
                                                necessary to pair the device should be                    vehicle, how the type of information                  reduce this behavior, but is unlikely to
                                                disabled while driving in order to avoid                  that is shared may change in the future,              eliminate it, because not all vehicles
                                                potential driver distraction. The agency                  how this information sharing effects                  will have been designed to allow pairing
                                                encourages automatic pairing between                      privacy, and what role the Guidelines                 and drivers may not choose to pair their
                                                the portable device and in-vehicle                        can and should play in addressing these               devices. The agency, therefore, believes
                                                system during and after the initial setup.                privacy issues.                                       it is necessary to propose guidelines that
                                                   In order to ensure that a paired                                                                             attempt to reduce the risk associated
                                                                                                          3. Cybersecurity for Paired Devices                   with using an unpaired portable device
                                                portable device’s functions are operated
                                                through the in-vehicle interface, which                      Designing portable devices so that                 while driving. The agency believes that
                                                is intended and designed specifically for                 they can be paired with motor vehicles                the proposed Driver Mode outlined
                                                the driving environment, the proposed                     must be accompanied by appropriate                    below, which suggests that the device’s
                                                Phase 2 Guidelines recommend that the                     cybersecurity measures. Unless such                   interface follow the Phase 1 principles
                                                visual interface of the portable device be                care is taken, adding another Internet-               to the extent possible, is the best way to
                                                locked out when the portable device is                    connected device to a vehicle’s                       minimize the distraction posed by these
                                                paired to the in-vehicle system, with the                 electronics system can introduce                      devices.
                                                exception of access to emergency                          additional cybersecurity vulnerabilities              1. Driver Mode Recommendations
                                                services and emergency notifications.                     into a vehicle’s computer systems.
                                                                                                             Safeguarding the traveling public                     Driver Mode is a simplified interface
                                                All non-emergency functions and                                                                                 for unpaired devices that conforms to
                                                applications of the portable device                       through a combination of measures
                                                                                                          requiring and/or encouraging the                      the Phase 1 Guidelines when being used
                                                should be operable exclusively through                                                                          by a person who is driving. When in
                                                the in-vehicle system’s interface. A                      incorporation of safety features and
                                                                                                          systems in motor vehicles and motor                   Driver Mode, the portable device should
                                                paired system with a compelling user                                                                            lock out any visual-manual secondary
                                                experience and features should                            vehicle equipment as well as measures
                                                                                                          to protect the performance of those                   tasks that do not meet the Phase 1
                                                discourage the need for the driver to                                                                           Guidelines, either because they are per
                                                access or interact with the portable                      features and systems is part of NHTSA’s
                                                                                                          core mission. Equally important is                    se lockouts or because they do not meet
                                                device while driving. NHTSA seeks                                                                               the eye-glance-based task acceptance
                                                comment on displaying and operating                       identifying motor vehicles or items of
                                                                                                          motor vehicle equipment that create an                criteria using a modified version of the
                                                all non-emergency paired device                                                                                 Phase 1 task acceptance testing
                                                functions through the in-vehicle                          unreasonable risk of accidents occurring
                                                                                                          or unreasonable risk of death or injury               procedures described in Section V of the
                                                interface and whether doing so creates                                                                          Phase 2 Guidelines.
                                                unintended consequences. NHTSA also                       occurring in an accident because of
                                                                                                          deficiencies in design, construction, or                 The Phase 1 Guidelines specify two
                                                seeks comment on how best to                                                                                    different test options for measuring the
                                                accommodate passenger use of a paired                     performance and requiring their recall
                                                                                                          and remedy.                                           impact of performing a task on driving
                                                portable device.                                                                                                safety and acceptance criteria for
                                                                                                             These Guidelines do not suggest or
                                                2. Privacy and Data Sharing for Paired                    recommend particular methods for                      assessing whether a task interferes
                                                Devices                                                   creating and maintaining an effective                 enough with driver attention to be
                                                                                                                                                                unsuitable for performance while
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                                                   The primary purpose of this                            level of cybersecurity in motor vehicles
                                                                                                                                                                driving. Either test may be run to assess
                                                document is to address driver
                                                                                                            78 Alliance of Automobile Manufacturers and         conformance with the guidelines. Both
                                                distraction and vehicle safety. However,
                                                                                                          Association of Global Automakers (2014).              of these test methods focus on the
                                                NHTSA acknowledges that the pairing                       Consumer Privacy Protection Principles: Privacy       amount of visual attention necessary to
                                                                                                          Principles for Vehicle Technologies and Services.
                                                  77 For purposes of this discussion, ‘‘in-vehicle        Retrieved from http://www.autoalliance.org/
                                                                                                                                                                complete a task because existing
                                                system’’ includes both OE and aftermarket                 index.cfm?objectid=CC629950-6A96-11E4-                research on visual-manual distraction
                                                headunits installed in a motor vehicle.                   866D000C296BA163 (last accessed on 10/4/16).          establishes a link between visual


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                                                                            Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                                     87675

                                                attention (eyes off the road) and crash                 the agency to assess the proposed                      repeatable test that would allow the
                                                risk.                                                   acceptance criteria for both the                       agency to determine what devices
                                                   The first recommended test method                    simulator and occlusion procedures                     conform with the proposed Driver
                                                measures the amount of time that the                    supports the use of 2-second individual                Mode. Such a test, even if it does not
                                                driver’s eyes are drawn away from the                   glance duration criterion and a12-                     reflect how all drivers use portable
                                                roadway during the performance of the                   second TEORT criterion (i.e., a ‘‘2/12                 devices in all circumstances, would,
                                                task. The proposed Phase 2 Guidelines,                  Rule’’).83                                             nevertheless, provide the agency with a
                                                like the Phase 1 Guidelines, recommend                     NHTSA has tentatively concluded                     benchmark to measure conformance
                                                that devices be designed so that tasks                  that because the crash risk associated                 across a wide variety of different
                                                can be completed by the driver while                    with distraction caused by vehicle OE                  devices. The agency proposes that
                                                driving with glances away from the                      interfaces and portable devices is borne               manufacturers test unpaired portable
                                                roadway of 2 seconds or less and a                      out of similar visual-manual interaction               devices, including those in Driver
                                                cumulative time spent glancing away                     between the driver and the device, the                 Mode, in a location within a vehicle
                                                from the roadway of 12 seconds or less.                 Phase 2 Guidelines should apply the                    that, to the greatest extent possible,
                                                NHTSA anticipates that stakeholders                     Phase 1 Guidelines to the proposed                     conforms to the recommendations
                                                (e.g., OS developers, portable device                   Driver Mode. In other words, because a                 enumerated in Phase 1 (i.e. no
                                                developers, and application developers)                 driver would be diverting his or her                   obstruction of view, easy to see and
                                                will work together to ensure that                       attention away from the road to an area                reach) and do not result in the portable
                                                applications and features on portable                   within reach and view of the driver                    device interfering with airbag
                                                devices intended for use while driving                  compartment, a recommendation for a                    deployment zones or safe operation of
                                                meet the Phase 2 Guidelines. NHTSA                      portable device in Driver Mode should                  the vehicle controls. The agency
                                                requests comments on how this industry                  be similar to that of in-vehicle systems.              believes that this is a repeatable means
                                                process will develop and function.                         In addition to the recommendations                  to address Driver Mode conformance,
                                                   The second test method uses a visual                 regarding per se lock outs and the task                which may be representative of how the
                                                occlusion technique, and both the Phase                 acceptance criteria, the proposed Phase                device may be mounted in the vehicle
                                                1 and proposed Phase 2 Guidelines                       2 Guidelines recommend that when in                    by a driver. The agency acknowledges
                                                recommend that, when tested with this                   Driver Mode, portable device interfaces                that some drivers may not mount their
                                                method, devices be designed so that                     conform to the following Phase 1                       portable device and, instead use it while
                                                tasks can be completed in a series of 1.5-              Guidelines recommendations:                            holding it in their hand. However, the
                                                second glances with a cumulative time                   • No Obstruction of View                               agency does not believe it is possible or
                                                of not more than 12 seconds.79 Both of                  • Easy to See and Reach                                desirable to create a repeatable test
                                                these tests are part of the Phase 1                     • Sound Level                                          based on in-hand use.
                                                NHTSA Guidelines and the Alliance of                    • Single-Handed Operation
                                                Automobile Manufacturers (Alliance)                                                                               The agency requests comments on
                                                                                                        • Interruptibility
                                                guidelines.                                                                                                    differences between vehicle OE
                                                                                                        • Device Response Time
                                                   Detailed discussions of how these                                                                           interfaces and portable devices.
                                                                                                        • Disablement
                                                thresholds were developed are                                                                                  Specifically, NHTSA would like to
                                                                                                        • Distinguish Tasks of Functions not
                                                contained in the proposed Phase 1                                                                              know what, if any testing methods,
                                                                                                           intended for use while driving
                                                Guidelines notice 80 and the final Phase                                                                       stakeholders currently use (or suggest
                                                                                                        • Device Status
                                                1 Guidelines notice.81 In summary,                                                                             using) to address the varying
                                                                                                           Due to the differences between                      placements of a portable device inside
                                                glances away from the forward road
                                                                                                        integrated OE interfaces and portable                  an automobile.
                                                scene greater than 2 seconds at a time
                                                                                                        devices, the proposed Phase 2
                                                are associated with an increased risk of                                                                          The Phase 1 Guidelines per se lock
                                                                                                        Guidelines do not include the Phase 1
                                                a crash or near crash. The total eyes off                                                                      outs include activities that are
                                                                                                        recommendations related to maximum
                                                road time criterion is based on the                                                                            discouraged by public policy and, in
                                                                                                        downward viewing angle, lateral
                                                principle that a visual-manual                                                                                 some instances, prohibited by Federal
                                                                                                        position of visual displays, and
                                                secondary task performed while driving                                                                         regulation or State law (e.g., entering or
                                                                                                        minimum size of displayed text
                                                should not exceed that associated with                                                                         displaying text messages), and activities
                                                                                                        information. These recommendations
                                                a baseline reference task (in this case,                                                                       identified in industry driver distraction
                                                                                                        relate to the placement of the interface
                                                the manual tuning of a radio). NHTSA                                                                           guidelines that NHTSA agrees are likely
                                                                                                        or the size of the interface text given
                                                selected radio tuning as the reference                                                                         to distract drivers significantly (e.g.,
                                                                                                        that placement. Because the placement
                                                task 82 and determined that the 85th                                                                           automatically scrolling text). The per se
                                                                                                        of a portable device in a vehicle is
                                                percentile total eyes off road time                                                                            lock outs also address activities that are
                                                                                                        determined by the owner or driver of
                                                (TEORT) associated with radio tuning is                                                                        extremely likely to be distracting due to
                                                                                                        the vehicle rather than the device
                                                12 seconds. Recent testing conducted by                                                                        their very purpose of attracting visual
                                                                                                        manufacturer or software designer, the
                                                                                                        agency has tentatively concluded that,                 attention, but whose obvious potential
                                                  79 As explained in detail in the Phase 1
                                                                                                        as it cannot know for certain where,                   for distraction cannot be measured
                                                Guidelines notices, the 1.5-shutter open time
                                                periods used in the occlusion method correspond         how, or if the device will be mounted,                 using a task timing system because the
                                                to 2 second off-road glances.                           these recommendations are not                          activity could continue indefinitely
                                                  80 77 FR 11199 (Feb. 24, 2012).
                                                                                                        appropriate for portable devices.                      (e.g., displaying video or certain
                                                  81 78 FR 24817 (Apr. 26, 2013).                                                                              images). Below is a detailed description
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                                                                                                           Despite this fact, the agency still
                                                  82 The concept of a reference task and the use of
                                                                                                        believes it is necessary to propose a                  of the per se lock outs taken from the
                                                radio tuning originated with the Alliance                                                                      Phase 1 Guidelines: 84
                                                Guidelines, Driver Focus-Telematics Working
                                                Group, ‘‘Statement of Principles, Criteria and            83 Ranney, T., Baldwin, S., Smith, L., Martin, J.,

                                                Verification Procedures on Driver-Interactions with     & Mazzae, E. (2013). Driver Behavior During Visual-      84 78 FR 24817 (Apr. 26, 2013), available at

                                                Advanced In-Vehicle Information and                     Manual Secondary Task Performance: Occlusion           https://www.federalregister.gov/articles/2013/04/
                                                Communication Systems,’’ June 26, 2006 version,         Method Versus Simulated Driving (DOT HS 811            26/2013-09883/visual-manual-nhtsa-driver-
                                                Alliance of Automobile Manufacturers,                   726). Washington, DC: National Highway Traffic         distraction-guidelines-for-in-vehicle-electronic-
                                                Washington, DC.                                         Safety Administration.                                 devices (last accessed on 10/4/16).



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                                                87676                       Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

                                                  • Device functions and tasks not                        • Automatically Scrolling Text. The                 stationary because of traffic, traffic
                                                intended to be used by a driver while                   display of scrolling (either horizontally             control devices, etc. The agency was
                                                driving.                                                or vertically) text that is moving at a               also concerned that limiting ‘‘driving’’
                                                  • Manual Text Entry. Manual text                      pace not controlled by the driver.                    to when a vehicle is traveling above a
                                                entry by the driver for the purpose of                    • Displaying Text to Be Read. The                   certain speed could result in drivers
                                                text-based messaging, other                             visual presentation of the following                  performing distracting tasks at low
                                                communication, or internet browsing.                    types of non-driving-related task textual             speeds, creating an increased risk of a
                                                  • Displaying Video. Displaying (or                    information:                                          crash at signal- or sign-controlled
                                                permitting the display of) video                        • Books                                               intersections and in traffic. Accordingly,
                                                including, but not limited to, video-                   • Periodical publications (including                  by using existing definitions as a
                                                based entertainment and video-based                       newspapers, magazines, articles)                    foundation, the agency developed a
                                                communications including video                          • Web page content                                    definition that is based on information
                                                phoning and videoconferencing.                          • Social media content                                known to, or able to be detected by
                                                  • Exceptions: 85                                      • Text-based advertising and marketing                vehicle systems: Transmission position,
                                                  • Map displays. The visual                            • Text-based messages (see definition)                vehicle speed, and the status of the
                                                presentation of dynamic map and/or                        and correspondence                                  parking brake.
                                                location information in a two-                                                                                   In analyzing how to apply the Phase
                                                                                                          • Exception:
                                                                                                                                                              1 Guidelines to portable and aftermarket
                                                dimensional format, with or without                       • The visual presentation of limited
                                                perspective, for the purpose of                                                                               devices, the agency has determined
                                                                                                        amounts of other types of text during a
                                                providing navigational information or                                                                         activation of Driver Mode is dependent
                                                                                                        testable task is acceptable. The
                                                driving directions when requested by                                                                          upon the technologies and features
                                                                                                        maximum amount of text that should be
                                                the driver (assuming the presentation of                                                                      present, as well as the level of
                                                                                                        visually presented during a single
                                                this information conforms to all other                                                                        communication between a portable/
                                                                                                        testable task is determined by the eye-
                                                recommendations of these Guidelines).                                                                         aftermarket device and a vehicle. Based
                                                                                                        glance-based acceptance tests.
                                                However, the display of informational                                                                         on these considerations, the agency has
                                                                                                          The agency requests comment on the
                                                detail not critical to navigation, such as                                                                    developed two alternative methods for
                                                                                                        applicability of the Phase 1 per se lock
                                                photorealistic images, satellite images,                                                                      activating Driver Mode.
                                                                                                        outs to portable devices. Are additional                 The first option, and the one
                                                or three-dimensional images is not                      exceptions needed for certain portable
                                                recommended.                                                                                                  encouraged by the agency, is automatic
                                                                                                        device tasks? Are there additional                    activation, meaning that Driver Mode
                                                  • Displaying Images. Displaying (or                   portable device tasks that should be
                                                permitting the display of) non-video                                                                          automatically engages within a
                                                                                                        included in the per se lock outs if the               reasonable period of time when the
                                                graphical or photographic images.                       device has a Phase 1 Guidelines-                      portable device by itself or in
                                                  • Exceptions:                                         conforming Driver Mode interface?                     conjunction with the vehicle
                                                  • Displaying driving-related images
                                                                                                        2. Driver Mode Activation                             distinguishes that it is being used by a
                                                including maps (assuming the
                                                                                                                                                              driver while driving. If desired, the user
                                                presentation of this information                           The Phase 2 Guidelines’ proposed                   would have the ability to deactivate or
                                                conforms to all other recommendations                   recommendations regarding the                         opt-out of automatic engagement of
                                                of these Guidelines). However, the                      activation of the Driver Mode would                   Driver Mode. Like the ‘‘driving’’
                                                display of map informational detail not                 differ significantly from the Phase 1                 condition described in the Phase 1
                                                critical to navigation, such as                         Guideline’s recommendations in terms                  Guidelines, this definition is based on
                                                photorealistic images, satellite images,                of when OE in-vehicle devices should                  information (e.g., vehicle speed) that
                                                or three-dimensional images is not                      lock out certain tasks and meet certain               can be determined by the portable
                                                recommended.                                            other device recommendations.                         device if it has the appropriate sensors
                                                  • Static graphical and photographic                      In particular, the Phase 1 Guidelines              like GPS to measure the speed of the
                                                images displayed for the purpose of                     recommend that OE in-vehicle devices                  motor vehicle, or if the information is
                                                aiding a driver to efficiently make a                   should lock out certain tasks from                    transmitted from the vehicle to the
                                                selection in the context of a non-                      performance by the driver while                       portable device. The Phase 1 definition
                                                driving-related task (e.g., music) is                   ‘‘driving.’’ ‘‘Driving’’ is defined as                of driving may be suitable if the
                                                acceptable if the image automatically                   whenever a vehicle’s means of                         automatic distinction technology can
                                                extinguishes from the display upon                      propulsion is activated unless the                    also access speed or transmission state
                                                completion of the task. If appropriate,                 vehicle’s transmission is in the ‘‘Park’’             information directly from the vehicle.
                                                these images may be presented along                     position or, for manual transmission                  Examples of automatic distinction
                                                with short text descriptions that                       vehicles, the vehicle’s transmission is in            technologies that had direct connection
                                                conform to these Guidelines.                            the ‘‘neutral’’ position, the parking                 to the vehicle, and therefore could have
                                                  • Internationally standardized                        brake is engaged, and the vehicle’s                   access to vehicle speed or transmission
                                                symbols and icons, as well as                           speed is less than 5 mph.                             state, were presented at NHTSA’s Phase
                                                TrademarkTM and Registered® symbols,                       This definition was based on                       2 Public Meeting.87 The agency requests
                                                are not considered static graphical or                  definitions used in various statutes,                 comment on whether the final
                                                photographic images.                                    regulations, and Executive Orders                     guidelines should include specific
                                                                                                        related to distracted driving,86 which                triggering factors or a specific timeframe
                                                   85 Certain exceptions to the video per se lock out
                                                                                                        defined driving as operating a vehicle
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                                                are not listed here because it is unlikely that a                                                             for Driver Mode to automatically
                                                                                                        on an active roadway with the motor
                                                portable or aftermarket device’s interface would
                                                include that type of functionality (e.g., rearview      running, including while temporarily                    87 Docket No. NHTSA–2013–0137, ‘‘Driver

                                                images used to aid the driver performing a                                                                    Distraction Guidelines (Phase 2) for Portable and
                                                maneuver in which the vehicle’s transmission is in         86 23 U.S.C. 405(e)(9)(A); 49 CFR 392.80,          After-Market Devices Public Meeting Agenda and
                                                reverse gear). However, all of the display of video     Executive Order 13513, ‘‘Federal Leadership on        Presentations’’ ID: NHTSA–2013–0137–0004.
                                                per se lock out exceptions listed in the Phase 1        Reducing Text Messaging While Driving,’’ October      Available at http://www.regulations.gov/
                                                Guidelines would also be applicable to portable and     1, 2009; MAP–21 Public Law 112–114, 126 Stat. 405     #!docketDetail;D=NHTSA-2013-0137 (last accessed
                                                aftermarket devices.                                    (July 6, 2012).                                       on 10/4/16).



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                                                                            Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                            87677

                                                activate, such as the vehicle speed (e.g.,                 Aftermarket devices include                        the further growth and innovation of
                                                a speed that can reasonably be                          communication, entertainment, or                      automatic driver distinction
                                                attributed to a motor vehicle as opposed                navigation devices that are designed to               technologies that will enable more
                                                to non-motorized transportation) at                     be or would be reasonably expected to                 practical and pervasive Driver Mode
                                                which an automatic activation would                     be installed or integrated after the                  implementations for portable devices in
                                                engage, as well as other potential                      vehicle is manufactured, are often                    unpaired scenarios. The development of
                                                triggering factors. Additionally, NHTSA                 incorporated into existing OE slots in                automatic driver distinction
                                                requests comment on the 5 mph speed                     the dashboard or are permanently                      technologies and consequently Driver
                                                threshold applicable to the definition of               affixed to the top surface of the                     Mode interfaces should result in
                                                ‘‘driving’’ for vehicles without a ‘‘Park’’             dashboard. Examples of aftermarket                    reduced distraction when used by
                                                position (e.g. manual transmission                      devices include in-dash car stereos/                  drivers while driving. Again, the
                                                vehicles).                                              receivers and in-dash navigation                      agency’s goal is that information
                                                   The agency recognizes that automatic                 devices. While aftermarket devices are                available to the driver inside the vehicle
                                                activation technologies are still in the                addressed in the same guideline                       will not cause an unsafe level of
                                                process of being refined, and, without                  document as portable devices, there are               distraction to the driver (either by
                                                the ability to reliably detect whether the              notable differences between portable                  functions being locked out or
                                                device user is the driver or a passenger,               and aftermarket devices. As aftermarket               conforming to the applicable Phase 1
                                                may be overly annoying to device users.                 devices are typically hardwired into a                Guidelines’ 2/12 performance criteria).
                                                Accordingly, the agency is proposing a                  vehicle, they are not likely to be moved                 In addition, NHTSA expects that
                                                second option, voluntary activation,                    in and out of a vehicle like portable                 through these guidelines, automotive
                                                meaning that the Driver Mode is                         devices. Additionally, because there is a             OEMs, application developers, portable
                                                activated in a simple manner by the                     physical link between an aftermarket                  and aftermarket device manufacturers,
                                                user. In other words, under this option,                device and the vehicle, there is no need              operating system providers, wireless
                                                Driver Mode is manually activated by                    for any pairing recommendation, as the                carriers, and all involved stakeholders
                                                the driver rather than automatically.                   vehicle and aftermarket device are                    will jointly work together with the
                                                The agency expects technologies that                    linked by virtue of installation.                     primary goal of reducing fatalities,
                                                support automatic Driver Mode                              With regard to placement within the                injuries, and crashes attributable to the
                                                activation to be implemented as soon as                 vehicle, the installation location of an              use of portable and aftermarket devices
                                                practicable. In order to provide                        aftermarket device is likely to be either             by drivers. NHTSA expects that the
                                                flexibility, NHTSA has not included any                 on the dashboard or in a vacated spot                 proposed guidelines will serve as a
                                                additional specific recommendations on                  in the dash previously occupied by an                 framework for stakeholders to continue
                                                how activation of Driver Mode should                    OE interface. NHTSA has tentatively                   developing a variety of technologies and
                                                be designed. The agency requests                        concluded that because the crash risk                 designs that reduce visual-manual
                                                comment on whether additional                           associated with distraction caused by                 distraction while driving. Ultimately,
                                                specification should be included in the                 OE interfaces and aftermarket devices is              these proposed Guidelines will raise
                                                final guidelines.                                       borne out of similar visual-manual                    awareness of driver distraction and
                                                   Recognizing that some drivers may                    interaction from the same location in a               elevate vehicle safety to a top priority
                                                choose not to activate Driver Mode, and                 vehicle, the Phase 2 Guidelines should                within the product development
                                                accordingly, not reduce the distraction                 apply the Phase 1 guidelines to                       processes for these wide-ranging
                                                potential of the portable device, the                   aftermarket devices. In many cases,                   organizations.
                                                agency foresees driver-initiated                        aftermarket devices serve as
                                                activation being a temporary option in                                                                        A. Estimated Time for Conformance
                                                                                                        replacement devices for vehicle OE
                                                the Phase 2 Guidelines until driver-                    systems, replacing the function of OE                    NHTSA wants to make it absolutely
                                                passenger distinction technology is                     units while occupying the same location               clear that since its Driver Distraction
                                                more developed and widely available.                    within a vehicle. NHTSA is seeking                    Guidelines are voluntary and non-
                                                The agency expects such technology to                   comment on this approach.                             binding, they do not have a ‘‘lead time’’
                                                be implemented as soon as practicable.                                                                        in the same way that a FMVSS or other
                                                The agency recognizes the inherent                      IV. Expected Effects of the Phase 2                   regulation has a lead time. Portable and
                                                                                                        Guidelines                                            aftermarket device manufacturers,
                                                limitations of a driver-activated Driver
                                                Mode and seeks comment on alternative                      NHTSA’s overall expectation for the                application developers, and vehicle
                                                approaches to Driver Mode activation as                 Phase 2 Distraction Guidelines is to                  manufacturers are not required to meet
                                                a temporary option until driver-                        provide a safety framework for                        the NHTSA Guidelines.
                                                passenger distinction technology is                     developers of portable and aftermarket                   NHTSA stated that it anticipated
                                                implemented.                                            electronic devices and applications to                vehicle manufacturers would
                                                                                                        use when developing their systems that                incorporate Phase 1 conformance into
                                                E. Aftermarket Devices                                  will reduce driver distraction through                their normally scheduled production
                                                   The US DOT’s Blueprint for ending                    two specific technological means. First,              cycles, and therefore NHTSA anticipates
                                                Distracted Driving specified that                       NHTSA envisions easy pairing solutions                seeing production vehicles that conform
                                                aftermarket electronic devices would be                 for users of portable devices in their                to Phase 1 Guidelines no sooner than
                                                addressed in NHTSA’s Phase 2                            vehicles that will result in accelerated              three years from the publication of
                                                Guidelines. In line with the Blueprint,                 growth and acceptance of pairing,                     Phase 1. NHTSA recognizes that the
                                                the Phase 2 Guidelines propose to make                  leading to pairing implementations                    production cycles for portable devices
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                                                recommendations for aftermarket                         throughout entire vehicle lineups and                 are dramatically shorter than for
                                                devices. Tentatively, the agency                        trim levels. Pairing solutions should                 vehicles; therefore NHTSA seeks
                                                concludes that recommendations                          become seamless, thereby fostering                    comment on reasonable conformance
                                                applicable to OE manufacturers in the                   highly efficient interactions between the             testing timing for Phase 2. We believe 16
                                                Phase 1 Guidelines shall be                             drivers, portable devices, and in-vehicle             months is appropriate given the speed at
                                                recommendations to aftermarket                          electronics systems. Second, NHTSA                    which technology changes and the time
                                                electronic device manufacturers.                        expects these guidelines will encourage               needed to benchmark product against


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                                                87678                        Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

                                                the final guidelines. We understand that                 Guidelines is clear under both the                       for this agency.95 Further, these
                                                a portable device’s ability to pair with                 Highway Safety Act and the Vehicle                       Guidelines are a way for NHTSA to
                                                a vehicle inherently requires some                       Safety Act.90 NHTSA’s statutory                          provide private industry with assistance
                                                coordination with vehicle OEMs. We                       mandate is to reduce traffic accidents                   on practical ways of applying the
                                                request comment on the appropriateness                   and deaths and injuries resulting from                   existing research to their portable
                                                of this timeframe.                                       traffic accidents.91 To carry out this                   application/device designs so as to
                                                   The agency also notes that the                        mandate, NHTSA is authorized to                          encourage their customers to use these
                                                Guidelines are just one of many efforts                  conduct and act on both behavioral                       devices and applications appropriately
                                                by both government and industry to                       safety and vehicle safety research.                      when in the motor vehicle. Moreover,
                                                address the distracted driving problem.                  Congress directed the Secretary of                       by releasing these guidelines for public
                                                The NHTSA Distraction Plan 88                            Transportation, through amendments to                    comment, we are cooperating with
                                                describes the Agency’s comprehensive                     the Highway Safety Act, to assist and                    private industry and other members of
                                                approach to the distraction problem.                     cooperate with private industry (among                   the public toward increasing highway
                                                NHTSA has approached the driver                          others) to increase highway safety.92                    safety in this important area.
                                                distraction problem from multiple                        Additionally, the Vehicle Safety Act                        Additionally, we note that in recently
                                                fronts, from a better understanding of                   states NHTSA ‘‘shall conduct research,                   enacting the Fixing America’s Surface
                                                the issue of distraction by improving the                development, and testing on any area or                  Transportation Act,96 Congress included
                                                quality of data on the incidence,                        aspect of motor vehicle safety necessary                 a provision regarding the agency’s
                                                prevalence, and crash risk from                          to carry out this chapter.’’ 93 More                     ability to issue non-binding guidance.
                                                distraction, to public service messages                  specifically, NHTSA ‘‘shall . . .                        While the provision provides that
                                                (e.g., ‘‘One text or call could wreck it                 conduct motor vehicle safety research,                   ‘‘[n]othing in the subsection shall be
                                                all’’), to working with states on                        development, and testing programs and                    construed to confer any authority upon
                                                enforcement programs and improving                       activities, including activities related to              or negate any authority of the Secretary
                                                laws, to producing the Distraction                       new and emerging technologies that                       to issue guidelines under this chapter,’’
                                                Guidelines. Industry has also worked                     impact or may impact motor vehicle                       we note that the only such guidelines
                                                hard to promote anti-driver-distraction                  safety.’’ 94                                             that the agency has issued or announced
                                                awareness and message campaigns, as                         By issuing these Guidelines, NHTSA                    plans to issue in recent years are those
                                                well as working toward guidance and                      seeks to fulfill its duties under both the               relating to distraction.
                                                tools for less distracting devices and                   Highway Safety Act and the Vehicle                          As NHTSA has stated in various
                                                built-in user interfaces. NHTSA’s                        Safety Act. The foundation for these                     agency documents, the guidelines for
                                                Guidelines are an important                              Guidelines is the agency research on                     portable devices are a crucial part of a
                                                complementary effort against driver                      distraction caused by portable and                       comprehensive, multi-pronged effort to
                                                distraction.                                             aftermarket devices, and our evaluation                  address driver distraction. Taking a
                                                                                                         of research from other experts. The                      comprehensive approach that addresses
                                                B. NHTSA Monitoring of Portable and                      agency believes that today’s guidelines
                                                Aftermarket Device Conformance With                                                                               behavioral, technological, and
                                                                                                         are an effective way of expressing                       environmental risk factors is standard
                                                the Guidelines                                           NHTSA’s research conclusions.                            practice in the injury prevention field.97
                                                  NHTSA’s Office of Vehicle Safety                       Encapsulating and publishing research                    While the states’ achievements in
                                                Research intends to perform future                       results in the form of recommendations,                  addressing the behavioral aspects of
                                                monitoring to assess conformance to our                  best practices, or guidelines is not novel               distracted driving are commendable, we
                                                Driver Distraction Guidelines. Whereas                                                                            believe more needs to be done to
                                                the details of this monitoring have yet                     90 We note that questions have been raised by,
                                                                                                                                                                  address the other two types of risk
                                                to be determined, we plan to test actual                 among others, CTA and CTIA concerning NHTSA’s
                                                                                                         authority to regulate portable devices and               factors. As we mentioned earlier, the
                                                production vehicles, and production                      applications. Although not at issue in these             2014 statistics show that, taking account
                                                portable and aftermarket devices.                        voluntary guidelines, the agency points out that it      of all different types of distractions, a
                                                Vehicles, portable and aftermarket                       has such authority to the extent these technologies
                                                                                                                                                                  substantial portion (10%) of all fatal
                                                devices, and applications will be                        function as ‘‘motor vehicle equipment’’ as defined
                                                                                                         by the Vehicle Safety Act. That said, NHTSA does         crashes still involves at least one
                                                selected for such monitoring so that                     not have any current plans to develop such               distracted driver. Further, a substantial
                                                they represent a representative portion                  regulations and, as we explain throughout, the           portion of distraction-affected fatal
                                                of makes and models available for                        guidelines proposed today are not regulations, but
                                                                                                         are rather voluntary and non-binding.                    crashes (13%) involve cell phone use.
                                                public consumption. NHTSA envisions                         91 49 U.S.C. 30101 (‘‘The purpose of this chapter     NHTSA estimates that 404 lives were
                                                that these test results would be made                    is to reduce traffic accidents and deaths and injuries   lost in cell phone-involved fatal crashes
                                                available to the public.                                 resulting from traffic accidents. Therefore it is        in that year. This represents 1.2 percent
                                                                                                         necessary—(1) to prescribe motor vehicle safety
                                                V. Authority To Issue the Phase 2                        standards for motor vehicles and motor vehicle
                                                                                                                                                                  of traffic fatalities for that year.
                                                Guidelines                                               equipment in interstate commerce; and (2) to carry          Accordingly, we believe that private
                                                                                                         out needed safety research and development.’’).          industry could effectively complement
                                                  The agency’s authority to issue the                    Delegated to NHTSA at 49 CFR 1.95.                       the state efforts by addressing the
                                                voluntary, non-binding 89 Phase 2                           92 23 U.S.C. 401. Delegated to NHTSA at 49 CFR
                                                                                                                                                                  technological risk factors related to
                                                                                                         1.95.
                                                   88 NHTSA. (2010). Overview of the National               93 49 U.S.C. 30181. Delegated to NHTSA at 49
                                                                                                                                                                  portable application/device use and
                                                Highway Traffic Safety Administration’s Driver           CFR 1.95.
                                                                                                                                                                    95 See, e.g., Effectiveness and Acceptance of
                                                Distraction Program, (DOT HS 811 299). Available            94 49 U.S.C. 30182 (‘‘Powers and duties’’).
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                                                at http://www.nhtsa.gov/staticfiles/nti/distracted_      Sections 30181–30182 were added to the Safety Act        Enhanced Seat Belt Reminder Systems:
                                                driving/pdf/811299.pdf (last accessed on 10/4/16).       by the Moving Ahead for Progress in the 21st             Characteristics of Optimal Reminder Systems Final
                                                   89 See Fixing America’s Surface Transportation        Century Act (MAP–21), Public Law 112–141, 31204          Report, DOT HS 811 097, § 5.4 (‘‘Recommended
                                                Act, Public Law 114–94, 24406 (2015) (‘‘No               (2012). Prior to this, the Safety Act provisions         System Characteristics’’) (2009).
                                                                                                                                                                    96 Public Law 114–94, 24406 (2015).
                                                guidelines issued by the Secretary with respect to       authorizing NHTSA’s motor vehicle safety research
                                                motor vehicle safety shall confer any rights on any      and development were contained in § 30168. MAP–            97 The interrelationship of the elements of this

                                                person, State, or locality, nor shall operate to bind    21 deleted § 30168 as redundant material. See            practice is graphically depicted in the well-known
                                                the Secretary or any person to the approach              MAP–21 § 31204. Delegated to NHTSA at 49 CFR             analytical and planning tool known as the Haddon
                                                recommended in such guidelines’’).                       1.95.                                                    Matrix.



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                                                                             Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                            87679

                                                driving. Furthermore, the relationship                   consult the guidelines in preparing your              the comments on the Internet, go to
                                                between portable devices/applications                    comments. OMB’s guidelines may be                     http://www.regulations.gov. Follow the
                                                and driver distraction makes it                          accessed at http://www.whitehouse.gov/                online instructions for accessing the
                                                incumbent upon the US DOT to utilize                     omb/fedreg/reproducible.html. The US                  docket.
                                                NHTSA’s safety expertise to assist                       DOT’s guidelines may be accessed at                     Please note that even after the
                                                private industry in understanding and                    https://www.rita.dot.gov/bts/sites/                   comment closing date, we will continue
                                                addressing issues related to the effects                 rita.dot.gov.bts/files/subject_areas/                 to file relevant information in the
                                                of portable application/device design on                 statistical_policy_and_research/data_                 Docket as it becomes available. Further,
                                                driver behavior. The contribution of                     quality_guidelines/html/                              some people may submit late comments.
                                                these devices to driver distraction is an                guidelines.html.                                      Accordingly, we recommend that you
                                                important and growing motor vehicle                                                                            periodically check the Docket for new
                                                safety challenge. However,                               How can I be sure that my comments                    material.
                                                manufacturers of these products                          were received?
                                                                                                                                                               VII. National Technology Transfer and
                                                generally do not have motor vehicle                        If you wish Docket Management to
                                                                                                                                                               Advancement Act of 1995 (NTTAA)
                                                safety expertise, or do not design their                 notify you upon its receipt of your
                                                products with full knowledge of the                      comments, enclose a self-addressed,                      Under the National Technology
                                                potential effects on driving, especially                 stamped postcard in the envelope                      Transfer and Advancement Act of 1995
                                                those devices designed for general use,                  containing your comments. Upon                        (NTTAA) (Pub. L. 104–113), all Federal
                                                rather than specifically for use while                   receiving your comments, Docket                       agencies and departments must use
                                                driving. In developing these guidelines                  Management will return the postcard by                technical standards that are developed
                                                in consultation with industry and the                    mail.                                                 or adopted by voluntary consensus
                                                public, NHTSA is using its expertise                                                                           standards bodies, using such technical
                                                                                                         How do I submit confidential business                 standards as a means to carry out policy
                                                regarding the variety of factors 98 that
                                                                                                         information?                                          objectives or activities determined by
                                                adversely affect driver performance to
                                                assist private industry in improving                       If you wish to submit any information               the agencies and departments, except
                                                portable devices/applications in ways                    under a claim of confidentiality, you                 when use of such a voluntary consensus
                                                that increase highway safety by making                   should submit three copies of your                    standard would be inconsistent with the
                                                it easier for the driver to avoid engaging               complete submission, including the                    law or otherwise impractical. Voluntary
                                                in distracting behaviors.                                information you claim to be confidential              consensus standards are technical
                                                                                                         business information, to the Chief                    standards (e.g., materials specifications,
                                                VI. Public Participation                                 Counsel, NHTSA, at the address given                  test methods, sampling procedures, and
                                                How do I prepare and submit                              above under FOR FURTHER INFORMATION                   business practices) that are developed or
                                                comments?                                                CONTACT. In addition, you should                      adopted by voluntary consensus
                                                                                                         submit two copies, from which you                     standards bodies, such as SAE
                                                   Your comments must be written and                                                                           International (SAE). The NTTAA directs
                                                in English. To ensure that your                          have deleted the claimed confidential
                                                                                                         business information, to Docket                       agencies to provide Congress, through
                                                comments are correctly filed in the                                                                            OMB, explanations when the agency
                                                Docket, please include the docket                        Management at the address given above
                                                                                                         under ADDRESSES. When you send a                      decides not to use available and
                                                number of this document in your                                                                                applicable voluntary consensus
                                                comments.                                                comment containing information
                                                                                                         claimed to be confidential business                   standards.
                                                   Your comments should not be more                                                                               As part of the Phase 1 Guidelines,
                                                than 15 pages long. (See 49 CFR 553.21.)                 information, you should include a cover
                                                                                                         letter setting forth the information                  NHTSA identified a number of
                                                We established this limit to encourage                                                                         voluntary consensus standards related
                                                you to write your primary comments in                    specified in our confidential business
                                                                                                         information regulation. (49 CFR part                  to distracted driving. After careful
                                                a concise fashion. However, you may                                                                            consideration, the agency incorporated
                                                attach necessary additional documents                    512.)
                                                                                                                                                               several of these standards into the test
                                                to your comments. There is no limit on                   Will the agency consider late                         methods in the Phase 1 Guidelines: ISO
                                                the length of the attachments.                           comments?                                             International Standard 15008:2003,
                                                   Comments may be submitted to the
                                                                                                           We will consider all comments that                  ‘‘Road vehicles—Ergonomic aspects of
                                                docket electronically by logging onto the
                                                                                                         Docket Management receives before the                 transport information and control
                                                Docket Management System Web site at
                                                                                                         close of business on the comment                      systems—Specifications and
                                                http://www.regulations.gov. Follow the
                                                                                                         closing date indicated above under                    compliance procedures for in-vehicle
                                                online instructions for submitting
                                                                                                         DATES. To the extent possible, we will                visual presentation’’; ISO International
                                                comments.
                                                   You may also submit two copies of                     also consider comments that Docket                    Standard 16673:2007(E), ‘‘Road
                                                your comments, including the                             Management receives after that date. If               Vehicles—Ergonomic Aspects of
                                                attachments, to Docket Management at                     a comment is received too late for us to              Transport Information and Control
                                                the address given above under                            consider in developing the final                      Systems—Occlusion Method to Assess
                                                ADDRESSES.                                               guidelines, we will consider that                     Visual Demand due to the use of In-
                                                   Please note that pursuant to the Data                 comment as an informal suggestion for                 Vehicle Systems’’; and multiple
                                                Quality Act, in order for substantive                    future guidelines.                                    versions of SAE Recommended Practice
                                                data to be relied upon and used by the                                                                         J941, ‘‘Motor Vehicle Drivers’ Eye
                                                                                                         How can I read the comments submitted                 Locations,’’ including SAE J941 (June
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                                                agency, it must meet the information                     by other people?
                                                quality standards set forth in the Office                                                                      1992), SAE J941 (June 1997), SAE J941
                                                of Management and Budget (OMB) and                         You may read the comments received                  (September 2002), SAE J941 (October
                                                US DOT Data Quality Act guidelines.                      by Docket Management at the address                   2008), and SAE J941 (March 2010).
                                                Accordingly, we encourage you to                         given above under ADDRESSES. The                      Because the proposed Phase 2
                                                                                                         hours of the Docket are indicated above               Guidelines involve the use of the Phase
                                                  98 In addition to distraction, these factors include   in the same location. You may also see                1 Guidelines test procedure, with
                                                problems like fatigue, sleepiness, and intoxication.     the comments on the Internet. To read                 several modifications, as described in


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                                                87680                           Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices

                                                detail above, these standards are, by                     discourage unsafe driver distraction                     These Guidelines are not applicable
                                                extension, included by reference in the                   resulting from use of the devices.                    to:
                                                Phase 2 Guidelines.                                       Adherence to these guidelines is                         a. The auditory-vocal portions of a
                                                  The agency requests comment on any                      voluntary and conformance with them                   portable or aftermarket device’s human-
                                                other voluntary consensus standards                       is not required.                                      machine interface.
                                                appropriate for use in these Guidelines.                                                                           b. A device manufactured primarily
                                                                                                          A. Driver Responsibilities
                                                Visual-Manual NHTSA Driver                                                                                      for use in one of the following:
                                                                                                            These Guidelines are meant to reduce
                                                Distraction Guidelines for Portable and                   the potential distraction associated with             1. Ambulances
                                                Aftermarket Devices (Phase 2                              portable and aftermarket device                       2. Firefighting vehicles
                                                Guidelines)                                               interfaces. A portable or aftermarket                 3. Military vehicles
                                                I. Purpose                                                device’s conformance with these                       4. Vehicles manufactured for use by the
                                                                                                          Guidelines does not mean that the                           United States Government or a State
                                                   The purpose of the NHTSA driver                                                                                    or local government for law
                                                distraction guidelines is to reduce the                   device is safe to use while driving. It
                                                                                                          remains the driver’s responsibility to                      enforcement, or
                                                number of motor vehicle crashes and
                                                                                                          ensure the safe operation of the vehicle              5. Vehicles manufactured for other
                                                the resulting deaths and injuries that
                                                                                                          under all operating conditions and to                       emergency uses as prescribed by
                                                occur due to a driver being distracted
                                                                                                          comply with all traffic laws, including                     regulation by the Secretary of
                                                from the primary driving task while
                                                                                                          those that ban texting and/or the use of                    Transportation.
                                                performing secondary activities with a
                                                portable or aftermarket device within                     hand-held devices while driving.                        c. A device or device function,
                                                the vehicle.                                              II. Scope                                             control, and/or display specified by
                                                   Phase 2 extends and tailors the                                                                              Federal, State, or local law or regulation.
                                                recommendations specified in the Phase                    A. Devices and Interfaces
                                                                                                                                                                B. Tasks
                                                1 Visual-Manual NHTSA Driver                                 1. General Device and Interface
                                                Distraction Guidelines for In-Vehicle                     Applicability. These Guidelines are                      1. General Task Applicability. These
                                                Electronic Devices (henceforth referred                   applicable to the visual-manual portions              Guidelines are applicable to the same
                                                to as ‘‘Phase 1 Guidelines’’) to cover                    of a portable or aftermarket device’s                 types of tasks covered by the Phase 1
                                                portable and aftermarket devices. These                   human-machine interface. These                        Guidelines, including all non-driving-
                                                Guidelines are presented as an aid to                     Guidelines are applicable to device                   related tasks and some driving-related
                                                vehicle manufacturers, portable and                       interfaces regardless of the class or size            tasks. Table 1 contains a non-exhaustive
                                                aftermarket device manufacturers,                         of the vehicles in which the portable or              list of the types of non-driving-related
                                                developers, carriers, and application                     aftermarket devices may be used.                      tasks to which these Guidelines are
                                                developers in designing products that                        2. Exclusions.                                     applicable.

                                                                         TABLE 1—NON-DRIVING-RELATED TASKS/DEVICES TO WHICH THESE GUIDELINES APPLY
                                                      Type of task                                                                          Task/device

                                                Communications ........         Caller Identification, Incoming Call Management, Initiating and Terminating Phone Calls, Conference Phoning, Two-Way
                                                                                  Radio Communications, Paging, Address Book, Reminders, Text-Based Communications, Social Media Messaging or
                                                                                  Posting.
                                                Entertainment ............      Radio (including but not limited to AM, FM, Internet, and Satellite), Pre-recorded Music Players, All Formats, Television,
                                                                                  Video Displays, Advertising, Internet Browsing, News, Directory Services.
                                                Information .................   Display and other information settings and preferences.



                                                  These Guidelines are also applicable                    III. Definitions                                      The vehicle’s transmission is in the
                                                to driving-related tasks that are neither                                                                       ‘‘Park’’ position.
                                                                                                          A. Definitions From the Phase 1                          b. For a vehicle equipped with a
                                                related to the safe operation and control                 Guidelines
                                                of the vehicle nor involve the use of a                                                                         transmission without a ‘‘Park’’
                                                system required by law. Examples of                          The following terms are defined in the             position—All three of the following
                                                driving-related tasks to which these                      Phase 1 Guidelines, and have the same                 conditions are met:
                                                Guidelines are applicable include:                        meaning in these Guidelines:                             i. The vehicle’s parking brake is
                                                                                                             1. Device means all components that                engaged, and
                                                1. Driver Information functions                           a driver uses to perform secondary tasks                 ii. The vehicle’s transmission is
                                                2. Route navigation functions.                            (i.e., tasks other than the primary task of           known (via direct measurement with a
                                                                                                          safe operation and control of the                     sensor) or inferred (by calculating that
                                                  2. Exclusions. These Guidelines are                                                                           the rotational speed of the engine
                                                                                                          vehicle); whether stand-alone or
                                                not applicable to the driving-related                                                                           divided by the rotational speed of the
                                                                                                          integrated into another device.
                                                tasks that are performed by the driver as                                                                       driven wheels does not equal, allowing
                                                part of the safe operation and control of                    2. Distraction means the diversion of              for production and measurement
                                                the vehicle, including any task relating                  a driver’s attention from activities                  tolerances, one of the overall gear ratios
                                                                                                          critical for safe operation and control of
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                                                to the proper use of a driver safety                                                                            of the transmission/vehicle) to be in the
                                                                                                          a vehicle to a competing activity.                    neutral position, and
                                                warning system (e.g., lane departure
                                                warning and forward collision warning                        3. Driving means whenever the                         iii. The vehicle’s speed is less than 5
                                                                                                          vehicle’s means of propulsion (engine                 mph.
                                                systems). These include applications for
                                                                                                          and/or motor) is activated unless one of                 4. Function means an individual
                                                portable and aftermarket devices that
                                                                                                          the following conditions is met:                      purpose which the device is designed to
                                                assist the driver in the mitigation and
                                                                                                             a. For a vehicle equipped with a                   fulfill. A device may have one or more
                                                avoidance of crashes.
                                                                                                          transmission with a ‘‘Park’’ position—                functions.


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                                                                            Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                            87681

                                                   5. Interaction means an input by a                      d. Displays information in a visual                brought into a vehicle on a trip-by-trip
                                                driver to a device, either at the driver’s              and/or auditory manner; or                            basis and to be used by a driver while
                                                initiative or as a response to displayed                   e. Displays graphical images,                      driving, that is electrically powered, and
                                                information. Interactions include                       photographic images, and/or video.                    that has one or more of the following
                                                control inputs and data inputs                             2. Application, or App, means a                    capabilities:
                                                (information that a driver sends or                     specialized software program that is                  a. Allows user interaction
                                                receives from the device that is not                    installed on an OEM, portable or                      b. Enters, sends, and/or receives
                                                intended to control the device).                        aftermarket device.                                        information
                                                Depending on the type of task and the                      3. Driver Mode means a simplified                  c. Displays information in a visual and/
                                                goal, interactions may be elementary or                 user interface for an unpaired portable                    or auditory manner, or
                                                more complex. For the visual-manual                     device that is designed for operation by              d. Displays graphical images,
                                                interfaces covered by this version of                   a driver while driving.                                    photographic images, and/or video
                                                these Guidelines, interactions are                         4. Driver safety warning system means
                                                restricted to physical (manual or visual)               a system or application that is intended              IV. Device Interface Recommendations
                                                actions.                                                to assist the driver in the avoidance or              A. Overview of Device Interface
                                                   6. Lock Out means the disabling of                   mitigation of crashes.                                Recommendations
                                                one or more functions or features of a                     5. Human-Machine Interface (HMI)
                                                                                                        means the input and output                               Figure 2 below is a flow diagram that
                                                device so that the related task cannot be
                                                                                                        mechanisms that mediate the                           summarizes the overall
                                                performed by the driver while driving.
                                                                                                        interactivity between an electronic                   recommendations for both portable and
                                                   7. Manual Text Entry means manually                                                                        aftermarket devices. For the Driver
                                                                                                        system and human operator. User
                                                inputting individual alphanumeric                                                                             Mode recommendation, the diagram
                                                                                                        Interface (UI) is another commonly used
                                                characters into an electronic device. For                                                                     depicts the preferred automatic
                                                                                                        term for HMI.
                                                the purposes of these Guidelines, digit-                                                                      activation with the recognition that
                                                                                                           6. In-Vehicle System means an OEM
                                                based phone dialing is not considered                                                                         driver distinction technology is not
                                                                                                        or aftermarket system that is
                                                manual text entry.                                                                                            currently available in a product-level
                                                                                                        permanently installed.
                                                B. Additional Definitions                                  7. PAD means a portable or                         state. When the distinction technology
                                                                                                        aftermarket device.                                   matures to an implementable state,
                                                  1. Aftermarket Device means a Device                     8. Paired means integrated,                        NHTSA strongly recommends that it be
                                                that is designed to be or can reasonably                connected, or coupled to an in-vehicle                applied to managing the interaction of
                                                be expected to be installed or integrated               system’s visual display, audio system,                unpaired portable devices. Manual
                                                into a vehicle after the vehicle is                     and/or controls through either wired or               activation of Driver Mode by the driver,
                                                manufactured, is electrically powered,                  wireless connection methods so that the               also depicted in Figure 2, is NHTSA’s
                                                and has one or more of the following                    in-vehicle system has control over the                temporary recommendation until the
                                                capabilities:                                           portable device’s prioritization,                     preferred automatic activation
                                                  a. Allows user interaction;                           manipulation, and the presentation of                 configuration is available. For the
                                                  b. Enters, sends, and/or receives                     information that originates from both                 remainder of this section, the
                                                information;                                            local and/or off-board sources.                       recommendations for aftermarket and
                                                  c. Enables communication with other                      9. Portable Device means a device that             portable devices are presented
                                                people, devices, or machines;                           can reasonably be expected to be                      separately.
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                                                87682                       Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices




                                                B. Aftermarket Devices                                  and Driver mode on the device is                      D. Portable Devices Should Incorporate
                                                                                                        activated. The functions and                          Driver Mode for Unpaired Use
                                                 Installed aftermarket devices should
                                                meet the requirements as specified for                  applications on the portable device
                                                                                                                                                              1. Driver Mode
                                                OE interfaces in the Phase 1 Guidelines.                should be operable exclusively through
                                                                                                        the in-vehicle system’s interface with                  Portable devices should have a Driver
                                                C. Portable Devices Should Be Paired                    the exception of accessing emergency                  Mode that consists of a simplified
                                                1. Ease of Pairing                                      services and messages.                                interface that is available to the driver
                                                                                                        4. Emergency Services, Alerts, and                    when the device is unpaired, either
                                                  Vehicle manufacturers and portable
                                                                                                        Notifications                                         because the in-vehicle system and/or
                                                device manufacturers should provide
                                                the necessary mechanisms to enable                                                                            portable device does not possess the
                                                pairing between the portable device and                    In the event that emergency services               capability for pairing or because the
                                                in-vehicle system. Pairing should be an                 are required, access through the locked               driver chooses not to pair with the in-
                                                easy-to-understand task that allows the                 out paired portable device interface                  vehicle system. However, a portable
                                                driver to set up their portable device                  should be quick and easily accessible                 device designed primarily for use while
                                                with their in-vehicle system with the                   for the driver. Along with access to                  driving and whose native interface
                                                fewest number of steps possible.                        emergency services, the receiving of                  design conforms to the Phase 1
                                                                                                        emergency notifications and alerts as                 Guidelines recommendations can be
                                                2. Disablement of Pairing Process                       text messages should be allowable for                 considered to essentially always be in
                                                  If the initial or subsequent pairing                  display on the paired portable device                 driver mode and therefore would not
                                                process between the portable device and                 interface. All emergency messaging and                warrant a separate mode for use while
                                                in-vehicle system requires visual-                      alert services should follow the standard             driving.
                                                manual interaction by the driver, the                   protocol as specified by the Wireless                   The Driver Mode interface should
                                                initial process of pairing should be
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                                                                                                        Emergency Alerts (WEA) system which                   conform to the Phase 1 Guidelines for
                                                disabled while driving.                                 is managed by the Federal                             electronic devices used by the driver
                                                3. Portable Device Interface Lock Outs                  Communications Commission (FCC)                       while driving. Specifically, while in
                                                While Paired                                            and the Federal Emergency Management                  Driver Mode, the portable device should
                                                                                                        Agency (FEMA).                                        adhere to the per se lock out tasks listed
                                                  Portable device control input means
                                                should be locked out when the portable                                                                        in sections V.F.1 through V.F.6 of the
                                                                                                                                                              Phase 1 Guidelines.
                                                                                                                                                                                                           EN05DE16.003</GPH>




                                                device is paired to the in-vehicle system


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                                                                            Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices                                                  87683

                                                1. Device functions and tasks not                       be able to distinguish the driver-                       A. No Obstruction of View.
                                                      intended to be used by a driver                   operated devices from the passenger-                     B. Easy to See and Reach.
                                                      while driving                                     operated devices to a high-degree of                     C. Maximum Display Downward
                                                2. Manual text entry                                    accuracy and reliability; and be                      Angle.
                                                3. Displaying video                                     executed in a prompt manner relative to                  D. Lateral Position of Visual Displays.
                                                4. Displaying images                                    the starting motion of the driver’s                      2. Paired Devices: Testing procedures
                                                5. Automatically scrolling text                         vehicle.                                              assume the portable device is already
                                                6. Displaying text to be read                             b. Option 2—Driver Activation. Driver               paired to the vehicle system, as defined
                                                                                                        Mode is activated by the driver before                in Section III. Because the testing of the
                                                   Driver Mode should also lock out any
                                                                                                        driving. If this option is used, Driver               paired portable device will use the
                                                non-driving-related task or driving-
                                                                                                        Mode should be easily accessible via the              built-in display and controls system, the
                                                related task that does not conform to
                                                                                                        portable device’s software or hardware                location of the paired portable device
                                                one of the task acceptance methods in
                                                                                                        user interface, enabling the driver to                itself is not specified.
                                                Section VI of these Guidelines. The                                                                              3. Unpaired Devices: Unpaired
                                                portable device should also conform to                  engage Driver Mode quickly and with
                                                                                                        the fewest number of steps possible.                  portable devices should only be tested
                                                the following subsections of the Phase 1                                                                      in a mounted location using tasks that
                                                Guidelines Section V:                                   4. Unpaired Portable Device Location                  are accessed through the Driver Mode
                                                A. No Obstruction of View                                  A specific location for an unpaired                interface. NHTSA recognizes that there
                                                B. Easy to See and Reach                                portable device (e.g., mounting location)             are substantial variations in portable
                                                F. Per Se Lock Outs (listed in previous                 is not specified in these guidelines. The             device mounting hardware options and
                                                      paragraph)                                        test location described in the Task                   vehicle interior designs that are
                                                G. Acceptance Test-Based Lock Out of                    Acceptance Testing section is for testing             available to drivers. As such, unpaired
                                                      Tasks                                             purposes only and not considered a                    portable devices should be mounted
                                                H. Sound Level                                          recommendation for device placement.                  within a vehicle to the greatest extent
                                                I. Single-Handed Operation                                                                                    possible to the following
                                                J. Interruptibility                                     V. Task Acceptance Testing                            recommendations:
                                                K. Device Response Time                                   Task acceptance testing for portable                   a. The mount location should conform
                                                L. Disablement                                          devices should use the same test                      to the recommendations specified in the
                                                M. Distinguish Tasks or Functions not                   methods as those described in the Phase               Phase 1 Guidelines Section V.A through
                                                      intended for use while driving                    1 Guidelines Section VI. The specific                 Section V.D noted above.
                                                N. Device Status                                        procedures for Eye Glance Measurement                    b. The mounting location should not
                                                                                                        Using Driving Simulator Testing and                   result in the portable device interfering
                                                2. Emergency Services, Alerts, and
                                                                                                        Occlusion Testing are incorporated by                 with airbag deployment zones or safe
                                                Notifications
                                                                                                        reference, as detailed in the following               operation of the vehicle controls (e.g.,
                                                  In the event that emergency services                  subsections of the Phase 1 Guidelines                 steering wheel, gear shifter, etc.).
                                                are required, access through the portable               Section VI:
                                                device Driver Mode interface should be                                                                        VI. Driver Distraction Guidelines
                                                                                                          A. Test Participant Recommendations.                Interpretation Letters
                                                quick and easily accessible for the user.                 B. Test Participant Training
                                                Along with access to emergency                          Recommendations.                                         NHTSA intends to clarify the meaning
                                                services, the receiving of emergency                      C. Driving Simulator                                of its Driver Distraction Guidelines in
                                                notifications and alerts as text messages               Recommendations.                                      response to questions posed through the
                                                should be allowable for display on the                    D. Recommended Driving Simulator                    issuance of interpretation letters.
                                                Driver Mode interface. All emergency                    Scenario.                                             A. Guideline Interpretation Letter
                                                messaging and alert services shall                        E. Eye Glance Measurement Using                     Procedure
                                                follow the standard protocol as                         Driving Simulator Test Procedure.
                                                specified by the WEA system which is                      F. Eye Glance Characterization.                       1. Guidelines interpretation letters
                                                managed by the FCC and the FEMA.                          G. Occlusion Testing.                               will only be issued in response to
                                                                                                          H. Text Performance Errors During                   specific written requests for
                                                3. Driver Mode Activation                                                                                     interpretation of the NHTSA Guidelines.
                                                                                                        Testing.
                                                   a. Option 1—Automatic Activation.                      The Acceptance Criteria detailed in                   2. Requests for Guidelines
                                                Driver mode automatically activates                     the Phase 1 Guidelines for both the                   interpretation letters may be submitted
                                                within a reasonable period of time when                 Simulator (Section VI.E.14) and                       to the National Highway Traffic Safety
                                                the portable device: (1) Is not paired                  Occlusion (Section VI.G.17) test                      Administration. The mailing address is:
                                                with the in-vehicle system, and (2) by                  methods are also applicable for testing               Chief Counsel, NCC–200, National
                                                itself, or in conjunction with the vehicle              portable devices.                                     Highway Traffic Safety Administration,
                                                in which it is being used, distinguishes                                                                      1200 New Jersey Ave. SE., Washington,
                                                that it is being used by a driver who is                A. Additional Test Procedures for                     DC 20590.
                                                driving. The driver mode does not                       Portable and Aftermarket Devices                        3. Responses will be mailed to
                                                activate when the device is being used                    1. Permanently Installed Aftermarket                requestors, published in the docket, and
                                                by a non-driver.                                        Devices. Devices that are intended to be              posted in a designated area on the
                                                   i. Development of technologies that                  permanently installed in the vehicle                  NHTSA Web site.
                                                can distinguish between a device being                  should be tested in the location
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                                                                                                                                                                Issued in Washington, DC, on November
                                                used by a driver and a device being used                prescribed by the device manufacturer,                21, 2016 under authority delegated by 49
                                                by a passenger and appropriately alter,                 and according to the test procedures                  CFR 1.95.
                                                limit, or eliminate their visual-manual                 noted above. Such prescribed                          Nathaniel Beuse,
                                                interfaces when used by a driver is                     installation locations should conform to              Associate Administrator for Vehicle Safety
                                                encouraged. In the case in which Driver                 the guidelines specified in the following             Research.
                                                Mode is automatically activated in a                    subsections from Phase 1 Guidelines                   [FR Doc. 2016–29051 Filed 12–2–16; 8:45 am]
                                                moving vehicle, the technology should                   Section V:                                            BILLING CODE 4910–59–P




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Document Created: 2016-12-03 00:26:12
Document Modified: 2016-12-03 00:26:12
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 of proposed Federal guidelines.
DatesYou should submit your comments early enough to be received not later than February 3, 2017.
ContactFor technical issues, you may contact Dr. Chris Monk, phone: (202) 366-5195, or [email protected] Dr.
FR Citation81 FR 87656 

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