82 FR 42720 - Volkswagen Group of America; Receipt of Petition for Temporary Exemption From FMVSS No. 108
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 174 (September 11, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 174 (September 11, 2017)
| Page Range | 42720-42722 | |
| FR Document | 2017-19086 |
[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)] [Notices] [Pages 42720-42722] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19086] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2017-0018] Volkswagen Group of America; Receipt of Petition for Temporary Exemption From FMVSS No. 108 AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of receipt of a petition for a temporary exemption from certain headlamp requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective devices, and Associated Equipment. ----------------------------------------------------------------------- SUMMARY: In accordance with the procedures, Volkswagen Group of America (Volkswagen, or Petitioner) has petitioned the agency for a temporary exemption from certain headlamp requirements of FMVSS No. 108 to allow the use of adaptive driving beam headlights. Volkswagen requests the exemption on the basis that it would facilitate the development or field evaluation of a new motor vehicle safety feature providing a safety level at least equal to that of the standard. NHTSA has made no judgment on the merits of the application. This notice of receipt of an application for a temporary exemption is published in accordance with statutory and administrative provisions. DATES: You should submit your comments not later than October 11, 2017. FOR FURTHER INFORMATION CONTACT: John Piazza, Office of the Chief Counsel, NCC-112, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: (202) 366-2992; Fax: (202) 366-3820. ADDRESSES: We invite you to submit comments on the application described above. You may submit comments identified by docket number in the heading of this notice by any of the following methods:Fax: 1-202-493-2251. Mail: U.S. Department of Transportation, Docket Operations, M-30, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. Hand Delivery: 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. 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 received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) 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). SUPPLEMENTARY INFORMATION: I. Statutory Authority for Temporary Exemptions The National Traffic and Motor Vehicle Safety Act (``Safety Act''), codified at 49 U.S.C. Chapter 301, provides the Secretary of Transportation authority to exempt, on a temporary basis and under specified [[Page 42721]] circumstances, motor vehicles from a motor vehicle safety standard or bumper standard. This authority is set forth at 49 U.S.C. 30113. The Secretary has delegated the authority for implementing this section to NHTSA. The Safety Act authorizes the Secretary to grant a temporary exemption to a vehicle manufacturer under certain conditions. Under the conditions relevant to this petition, the Secretary may grant a petition on finding that the exemption is consistent with the public interest and with the Safety Act, and that the exemption would make easier the development or field evaluation of a new motor vehicle safety feature providing a safety level at least equal to the safety level of the standard.\1\ --------------------------------------------------------------------------- \1\ 49 U.S.C. 30113(3). --------------------------------------------------------------------------- NHTSA established 49 CFR part 555, Temporary Exemption From Motor Vehicle Safety and Bumper Standards, to implement the statutory provisions concerning temporary exemptions. The requirements specified in 49 CFR 555.5 state that the petitioner must set forth the basis of the application by providing the information required under Part 555.6, and the reasons why the exemption would be in the public interest and consistent with the objectives of 49 U.S.C. Chapter 301. A petition on the basis that the exemption would make easier the development or field evaluation of a new motor vehicle safety feature providing a safety level at least equal to the safety level of the standard must include the information specified in 49 CFR 555.6(b). The main requirements of that section include: (1) A description of the safety or impact protection features, and research, development, and testing documentation establishing the innovational nature of such features; (2) An analysis establishing that the level of safety or impact protection of the feature is equivalent to or exceeds the level of safety or impact protection established in the standard from which exemption is sought, including the following: A detailed description of how a vehicle equipped with the safety or impact protection feature differs from one that complies with the standard; if applicant is presently manufacturing a vehicle conforming to the standard, the results of tests conducted to substantiate certification to the standard; and the results of tests conducted on the safety or impact protection features that demonstrates performance which meets or exceeds the requirements of the standard; (3) Substantiation that a temporary exemption would facilitate the development or field evaluation of the vehicle; (4) A statement whether, at the end of the exemption period, the manufacturer intends to conform to the standard, apply for a further exemption, or petition for rulemaking to amend the standard to incorporate the safety or impact protection features; and (5) A statement that not more than 2,500 exempted vehicles will be sold in the United States in any 12-month period for which an exemption may be granted pursuant to this paragraph. II. Overview of Petition Volkswagen has submitted a petition asking the agency for a temporary exemption from certain headlamp requirements of FMVSS No. 108 for vehicles equipped with adaptive driving beam (``ADB'') headlamps. ADB is defined by SAE International (``SAE'') as a long-range forward visibility light beam that adapts to the presence of opposing (i.e., approaching from the opposite direction) and preceding vehicles by modifying portions of the projected light in order to reduce glare to the drivers and riders of those vehicles. Volkswagen wishes to install its ``Matrix Beam'' ADB system on Audi A7 models, which may also include S7 and Rs7 variants (collectively, ``subject vehicles''). In order to do so, Volkswagen requests an exemption from S9.4 and S10.14.6 of FMVSS No. 108. S9.4 requires that a vehicle have a means of switching between lower and upper beams designed and located so that it may be operated conveniently by a simple movement of the driver's hand or foot; that the switch have no dead point; and, except as provided by S6.1.5.2, that the lower and upper beams must not be energized simultaneously except momentarily for temporary signaling purposes or during switching between beams. S10.14.6 specifies the photometry requirements for integral beam headlighting systems. Volkswagen indicates that Matrix Beam may not comply with these requirements. The basis for the application is that the exemption would make easier the development or field evaluation of a new motor vehicle safety feature providing a safety level at least equal to that of the standard. Volkswagen explains how the Matrix Beam system operates and the safety benefits it believes the system would offer. Volkswagen states that the safety benefit is that ADB enhances nighttime visibility for the driver while at the same time reducing glare (relative to the glare that would be caused by headlamps on upper beam) to oncoming and preceding vehicles. In order to establish the innovational and safety-improving nature of the Matrix Beam system, Volkswagen summarizes, refers to, and submits research, development, and testing documentation, including the following: A recent technical paper summarizing the safety benefits of ADB systems; Toyota's pending petition for rulemaking to amend FMVSS No. 108 to allow ADB (Docket No. NHTSA-2013-0004); an excerpt from the United Kingdom version of the Audi owner's manual explaining the Matrix Beam system; and an Audi Matrix LED headlight training document. Volkswagen states that it has received EU Type Approval for its system and is currently installing the system on the following EU Audi models: A4, A6, A7, A8, TT, and Q7. Volkswagen explains that Audi has sold 122,979 vehicles equipped with the Matrix Beam in 55 markets outside the United States. Of the 77,014 model year 2016 vehicles, only 69 warranty cases were found involving a customer complaint related to the adjustment or functionality of the Matrix Beam headlamps (a repair per 1000-vehicle rate of 0.90 R/1000 (0.09%)). Volkswagen states that this shows that the Matrix Beam is very reliable. Volkswagen states that the Matrix Beam system complies with a recently-published SAE standard for ADB systems, SAE J3069 JUN2016. Volkswagen also provides compliance test reports to demonstrate that the non-exempt subject vehicles comply with the headlamp-related requirements of FMVSS No. 108. Petitioner states that a temporary exemption would facilitate the development and field evaluation of the Matrix Beam system. Volkswagen explains that it intends to collect feedback from customers who purchase the exempt vehicles and to obtain data multiple times throughout the duration of the exemption. Each time the customer brings their vehicle to the dealer for service or routine maintenance, the customer will be given a survey. The survey will inquire about the customer's typical driving characteristics, satisfaction with the Matrix Beam, overall Matrix Beam performance, and views on the safety of the Matrix Beam. Volkswagen believes that this will enable it to both achieve a relatively high response rate as well as monitor changes in customer responses based on length of time of ownership and mileage. Volkswagen requests that it be permitted to import and sell 2,500 exempted vehicles during each of the [[Page 42722]] 12-month periods covered by the exemption. Petitioner states that on or before the end of the exemption period, it hopes that the pending Toyota petition for rulemaking will be granted, and that FMVSS No. 108 will be amended to allow ADB. If by the end of the exemption period, FMVSS No. 108 has not been so amended, then Volkswagen intends either to cease offering the system in the United States or request an extension. III. Completeness and Comment Period Upon receiving a petition, NHTSA conducts an initial review of the petition with respect to whether the petition is complete and whether the petitioner appears to be eligible to apply for the requested exemption. The agency has tentatively concluded that the petition from Volkswagen is complete and that Volkswagen is eligible to apply for a temporary exemption. The agency has not made any judgment on the merits of the application, and is placing a copy of the petition and other related materials in the docket. The agency seeks comment from the public on the merits of Volkswagen's application for a temporary exemption from S9.4 and S10.14.6 of FMVSS No. 108. We are providing a 30-day comment period. After considering public comments and other available information, we will publish a notice of final action on the application in the Federal Register. Issued on September 5, 2017. Raymond R. Posten, Associate Administrator for Rulemaking. [FR Doc. 2017-19086 Filed 9-8-17; 8:45 am] BILLING CODE 4910-59-P
![42720 Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices
other original equipment manufacturer DEPARTMENT OF TRANSPORTATION online instructions for submitting
and that those inflators have a number comments.
of unique design features that influence National Highway Traffic Safety Instructions: All submissions must
burn rates and internal ballistic Administration include the agency name and docket
dynamics, including greater vent-area- number. Note that all comments
[Docket No. NHTSA–2017–0018]
to-propellant-mass ratios, steel end received will be posted without change
caps, and thinner propellant wafers. See Volkswagen Group of America; to http://www.regulations.gov, including
Second Petition at p. 11–12. In addition, Receipt of Petition for Temporary any personal information provided.
Exemption From FMVSS No. 108 Please see the Privacy Act discussion
GM states that the physical environment
below. We will consider all comments
of the GMT900 vehicles better protects AGENCY: National Highway Traffic received before the close of business on
the covered passenger inflators from Safety Administration (NHTSA), the comment closing date indicated
temperature cycling that can cause Department of Transportation (DOT). above. To the extent possible, we will
rupture. Id. ACTION: Notice of receipt of a petition for also consider comments filed after the
Finally, to supplement its internal a temporary exemption from certain closing date.
analysis, GM has retained a third-party headlamp requirements of Federal Docket: For access to the docket to
expert, Orbital ATK, to conduct a long- Motor Vehicle Safety Standard (FMVSS) read background documents or
term aging study that will estimate the No. 108, Lamps, Reflective devices, and comments received, go to http://
service life expectancy of the covered Associated Equipment. www.regulations.gov at any time or to
passenger inflators in the GMT900 1200 New Jersey Avenue SE., West
SUMMARY: In accordance with the Building Ground Floor, Room W12–140,
vehicles. See Second Petition at pp. 17–
procedures, Volkswagen Group of Washington, DC 20590, between 9 a.m.
18. GM anticipates that this study will America (Volkswagen, or Petitioner) has and 5 p.m., Monday through Friday,
be complete in August 2017. Id. petitioned the agency for a temporary except Federal Holidays. Telephone:
IV. Consolidation exemption from certain headlamp (202) 366–9826.
requirements of FMVSS No. 108 to Privacy Act: Anyone is able to search
GM’s Second Petition for allow the use of adaptive driving beam the electronic form of all comments
Inconsequentiality is virtually identical headlights. Volkswagen requests the received into any of our dockets by the
to the Petition for Inconsequentiality exemption on the basis that it would name of the individual submitting the
submitted on November 15, 2016. First, facilitate the development or field comment (or signing the comment, if
both petitions involve the same covered evaluation of a new motor vehicle safety submitted on behalf of an association,
passenger inflators (i.e., frontal feature providing a safety level at least business, labor union, etc.). You may
passenger inflator types ‘‘SPI YP’’ and equal to that of the standard. NHTSA review DOT’s complete Privacy Act
‘‘PSPI–L YD’’). Second, both petitions has made no judgment on the merits of Statement in the Federal Register
involve the same vehicle platform (i.e., the application. This notice of receipt of published on April 11, 2000 (Volume
the GMT900). Third, both petitions rely an application for a temporary 65, Number 70; Pages 19477–78) or you
upon the same purported evidence to exemption is published in accordance may visit http://www.dot.gov/
with statutory and administrative privacy.html.
support the safety of the inflators (i.e.,
provisions. Confidential Business Information: If
estimated field deployments, ballistic you wish to submit any information
testing, and stress-strength interference DATES:You should submit your under a claim of confidentiality, you
analysis). Fourth, both petitions will comments not later than October 11, should submit three copies of your
rely upon the same forthcoming report 2017. complete submission, including the
by Orbital ATK. According, it is FOR FURTHER INFORMATION CONTACT: John information you claim to be confidential
appropriate to evaluate and dispose of Piazza, Office of the Chief Counsel, business information, to the Chief
the two petitions simultaneously. In the NCC–112, National Highway Traffic Counsel, NHTSA, at the address given
interest of clarity, consistency, and Safety Administration, 1200 New Jersey under FOR FURTHER INFORMATION
efficiency, the Agency is consolidating Avenue SE., Washington, DC 20590. CONTACT. In addition, you should
the Second Petition with the First Telephone: (202) 366–2992; Fax: (202) submit two copies, from which you
Petition under Docket No. NHTSA– 366–3820. have deleted the claimed confidential
2016–0124. ADDRESSES: We invite you to submit business information, to Docket
Authority: 49 U.S.C. 30101, et seq., 30118, comments on the application described Management at the address given above.
30120(h), 30162, 30166(b)(1), 30166(g)(1); above. You may submit comments When you send a comment containing
delegation of authority at 49 CFR 1.95(a); 49 identified by docket number in the information claimed to be confidential
CFR parts 556, 573, 577. heading of this notice by any of the business information, you should
following methods: include a cover letter setting forth the
Issued: August 31, 2017. • Fax: 1–202–493–2251. information specified in our
Stephen P. Wood, • Mail: U.S. Department of confidential business information
Acting Chief Counsel. Transportation, Docket Operations, regulation (49 CFR part 512).
[FR Doc. 2017–19139 Filed 9–8–17; 8:45 am] M–30, Room W12–140, 1200 New Jersey SUPPLEMENTARY INFORMATION:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Avenue SE., Washington, DC 20590.
BILLING CODE 4910–59–P
• Hand Delivery: 1200 New Jersey I. Statutory Authority for Temporary
Avenue SE., West Building Ground Exemptions
Floor, Room W12–140, Washington, DC, The National Traffic and Motor
between 9 a.m. and 5 p.m., Monday Vehicle Safety Act (‘‘Safety Act’’),
through Friday, except Federal codified at 49 U.S.C. Chapter 301,
Holidays. provides the Secretary of Transportation
• Federal eRulemaking Portal: Go to authority to exempt, on a temporary
http://www.regulations.gov. Follow the basis and under specified
VerDate Sep<11>2014 16:34 Sep 08, 2017 Jkt 241001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1](https://thefederalregister.org/doc/82_FR_42894/page/1.svg)
![42722 Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices
12-month periods covered by the DATES: We must receive your written public and other Federal agencies to
exemption. Petitioner states that on or comments on or before November 13, comment on the proposed or continuing
before the end of the exemption period, 2017. information collections listed below in
it hopes that the pending Toyota ADDRESSES: As described below, you this notice, as required by the
petition for rulemaking will be granted, may send comments on the information Paperwork Reduction Act of 1995 (44
and that FMVSS No. 108 will be collections listed in this document U.S.C. 3501 et seq.).
amended to allow ADB. If by the end of using the ‘‘Regulations.gov’’ online Comments submitted in response to
the exemption period, FMVSS No. 108 comment form for this document, or you this notice will be included or
has not been so amended, then may send written comments via U.S. summarized in our request for Office of
Volkswagen intends either to cease mail or hand delivery. TTB no longer Management and Budget (OMB)
offering the system in the United States accepts public comments via email or approval of the relevant information
or request an extension. fax. collection. All comments are part of the
• https://www.regulations.gov: Use public record and subject to disclosure.
III. Completeness and Comment Period
the comment form for this document Please do not include any confidential
Upon receiving a petition, NHTSA posted within Docket No. TTB–2017– or inappropriate material in comments.
conducts an initial review of the 0003 on ‘‘Regulations.gov,’’ the Federal For each information collection listed
petition with respect to whether the e-rulemaking portal, to submit below, we invite comments on: (a)
petition is complete and whether the comments via the Internet; Whether the information collection is
petitioner appears to be eligible to apply • U.S. Mail: Michael Hoover, necessary for the proper performance of
for the requested exemption. The agency Regulations and Rulings Division, the agency’s functions, including
has tentatively concluded that the Alcohol and Tobacco Tax and Trade whether the information has practical
petition from Volkswagen is complete Bureau, 1310 G Street NW., Box 12, utility; (b) the accuracy of the agency’s
and that Volkswagen is eligible to apply Washington, DC 20005. estimate of the information collection’s
for a temporary exemption. The agency • Hand Delivery/Courier in Lieu of burden; (c) ways to enhance the quality,
has not made any judgment on the Mail: Michael Hoover, Alcohol and utility, and clarity of the information
merits of the application, and is placing Tobacco Tax and Trade Bureau, 1310 G collected; (d) ways to minimize the
a copy of the petition and other related Street NW., Suite 400, Washington, DC information collection’s burden on
materials in the docket. 20005. respondents, including through the use
The agency seeks comment from the Please submit separate comments for of automated collection techniques or
public on the merits of Volkswagen’s each specific information collection other forms of information technology;
application for a temporary exemption listed in this document. You must and (e) estimates of capital or start-up
from S9.4 and S10.14.6 of FMVSS No. reference the information collection’s costs and costs of operation,
108. We are providing a 30-day title, form or recordkeeping requirement maintenance, and purchase of services
comment period. After considering number, and OMB number (if any) in to provide the requested information.
public comments and other available your comment. Information Collections Open for
information, we will publish a notice of You may view copies of this Comment
final action on the application in the document, the information collections
Federal Register. listed in it and any associated Currently, we are seeking comments
instructions, and all comments received on the following information collections
Issued on September 5, 2017.
in response to this document within (forms, recordkeeping requirements, or
Raymond R. Posten,
Docket No. TTB–2017–0003 at https:// questionnaires):
Associate Administrator for Rulemaking.
www.regulations.gov. A link to that Title: Application for Amended Basic
[FR Doc. 2017–19086 Filed 9–8–17; 8:45 am]
docket is posted on the TTB Web site at Permit under the Federal Alcohol
BILLING CODE 4910–59–P
https://www.ttb.gov/forms/comment-on- Administration Act.
form.shtml. You may also obtain paper OMB Number: 1513–0019.
copies of this document, the TTB Form Number: F 5100.18.
information collections described in it Abstract: The Federal Alcohol
DEPARTMENT OF THE TREASURY and any associated instructions, and any Administration Act (FAA Act) at 27
Alcohol and Tobacco Tax and Trade comments received in response to this U.S.C. 203 requires that a person apply
Bureau document by contacting Michael Hoover for and receive a permit (known as a
at the addresses or telephone number ‘‘basic permit’’) to engage in the
shown below. business of importing distilled spirits,
[Docket No. TTB–2017–0003]
FOR FURTHER INFORMATION CONTACT: wine, or malt beverages into the United
Proposed Information Collections; Michael Hoover, Alcohol and Tobacco States; to engage in the business of
Comment Request (No. 66) Tax and Trade Bureau, 1310 G Street distilling spirits or producing wine; and
NW., Box 12, Washington, DC 20005; to engage in the business of purchasing
AGENCY: Alcohol and Tobacco Tax and telephone (202) 453–1039, ext. 135; or for resale at wholesale distilled spirits,
Trade Bureau (TTB); Treasury. email informationcollections@ttb.gov wine, or malt beverages. Section 204 of
ACTION: Notice and request for (please do not submit comments on this the FAA Act imposes minimum
asabaliauskas on DSKBBXCHB2PROD with NOTICES
comments. notice to this email address). requirements for basic permits and
SUPPLEMENTARY INFORMATION: authorizes the Secretary of the Treasury
SUMMARY: As part of our continuing to prescribe the manner and form of all
effort to reduce paperwork and Request for Comments applications for basic permits.
respondent burden, and as required by The Department of the Treasury and TTB F 5100.18 is completed by a
the Paperwork Reduction Act of 1995, its Alcohol and Tobacco Tax and Trade person who has a basic permit under the
we invite comments on the proposed or Bureau (TTB), as part of a continuing FAA Act and wants to amend that
continuing information collections effort to reduce paperwork and permit. Amendment of a basic permit
listed below in this notice. respondent burden, invite the general may become necessary when changes
VerDate Sep<11>2014 16:34 Sep 08, 2017 Jkt 241001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1](https://thefederalregister.org/doc/82_FR_42894/page/3.svg)
Document Created: 2017-09-09 00:03:58
Document Modified: 2017-09-09 00:03:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of receipt of a petition for a temporary exemption from certain headlamp requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective devices, and Associated Equipment. | |
| Dates | You should submit your comments not later than October 11, 2017. | |
| Contact | John Piazza, Office of the Chief Counsel, NCC-112, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: (202) 366-2992; Fax: (202) 366-3820. | |
| FR Citation | 82 FR 42720 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR