83_FR_2619 83 FR 2607 - Removing Regulatory Barriers for Vehicles With Automated Driving Systems

83 FR 2607 - Removing Regulatory Barriers for Vehicles With Automated Driving Systems

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 83, Issue 12 (January 18, 2018)

Page Range2607-2614
FR Document2018-00671

NHTSA seeks public comments to identify any regulatory barriers in the existing Federal Motor Vehicle Safety Standards (FMVSS) to the testing, compliance certification and compliance verification of motor vehicles with Automated Driving Systems (ADSs) and certain unconventional interior designs. NHTSA is focusing primarily, but not exclusively, on vehicles with ADSs that lack controls for a human driver; e.g., steering wheel, brake pedal or accelerator pedal. The absence of manual driving controls, and thus of a human driver, poses potential barriers to testing, compliance certification and compliance verification. For example, many of the FMVSS refer to the ``driver'' or ``driver's seating position'' in specifying where various vehicle features and systems need to be located so that they can be seen and/or used by a person sitting in that position. Further, the compliance test procedures of some FMVSS depend on the presence of such things as a human test driver who can follow instructions on test driving maneuvers or a steering wheel that can be used by an automated steering machine. NHTSA also seeks comments on the research that would be needed to determine how to amend the FMVSS in order to remove such barriers, while retaining those existing safety requirements that will be needed and appropriate for those vehicles. In all cases, the Agency's goal would be to ensure the maintenance of currently required levels of safety performance. These comments will aid the Agency in setting research priorities as well as inform its subsequent actions to lay a path for innovative vehicle designs and technologies that feature ADSs.

Federal Register, Volume 83 Issue 12 (Thursday, January 18, 2018)
[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Proposed Rules]
[Pages 2607-2614]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00671]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2018-0009]


Removing Regulatory Barriers for Vehicles With Automated Driving 
Systems

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

ACTION: Request for comment (RFC).

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SUMMARY: NHTSA seeks public comments to identify any regulatory 
barriers in the existing Federal Motor Vehicle Safety Standards (FMVSS) 
to the testing, compliance certification and compliance verification of 
motor vehicles with Automated Driving Systems (ADSs) and certain 
unconventional interior designs. NHTSA is focusing primarily, but not 
exclusively, on vehicles with ADSs that lack controls for a human 
driver; e.g., steering wheel, brake pedal or accelerator pedal. The 
absence of manual driving controls, and thus of a human driver, poses 
potential barriers to testing, compliance certification and compliance 
verification. For example, many of the FMVSS refer to the ``driver'' or 
``driver's seating position'' in specifying where various vehicle 
features and systems need to be located so that they can be seen and/or 
used by a person sitting in that position. Further, the compliance test 
procedures of some FMVSS depend on the presence of such things as a 
human test driver who can follow instructions on test driving maneuvers 
or a steering wheel that can be used by an automated steering machine. 
NHTSA also seeks comments on the research that would be needed to 
determine how to amend the FMVSS in order to remove such barriers, 
while retaining those existing safety requirements that will be needed 
and appropriate for those vehicles. In all cases, the Agency's goal 
would be to ensure the maintenance of currently required levels of 
safety performance. These comments will aid the Agency in setting 
research priorities as well as inform its subsequent actions to lay a 
path for innovative vehicle designs and technologies that feature ADSs.

DATES: Comments are due no later than March 5, 2018.

ADDRESSES: Comments must refer to the docket number above and be 
submitted by one of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery or Courier: U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m. Eastern 
time, Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Regardless of how you submit your comments, you must include the 
docket number identified in the heading of this notice.
    Note that all comments received, including any personal information 
provided, will be posted without change to http://www.regulations.gov. 
Please see the ``Privacy Act'' heading below.
    You may call the Docket Management Facility at 202-366-9324.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or the street 
address listed above. We will continue to file relevant information in 
the Docket as it becomes available.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its decision-making process. 
DOT posts these comments, without edit, including any personal 
information the commenter provides, to http://www.regulations.gov, as 
described in the system of records notice (DOT/ALL-14 FDMS), which can 
be reviewed at https://www.transportation.gov/privacy. Anyone can 
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.).

FOR FURTHER INFORMATION CONTACT:
    For research issues, John Harding, Intelligent Technologies 
Research Division, Office of Vehicle Crash Avoidance and Electronic 
Controls Research, telephone: 202-366-5665, email: 
[email protected];
    For rulemaking issues, David Hines, Director, Office of Crash 
Avoidance Standards, telephone 202-366-1810, email [email protected];
    For legal issues, Stephen Wood, Assistant Chief Counsel, Vehicle 
Rulemaking and Harmonization, Office of Chief Counsel, 202-366-2992, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Overview
II. Automation Revolution
III. Changes in Vehicle Interior Designs and Their Effect on 
Testing, Certification and Compliance Verification Under the Federal 
Safety Standards
IV. Initial Agency Efforts To Identify Testing, Certification and 
Compliance Verification Issues
V. Requests for Comment
A. Barriers to Testing, Certification and Compliance Verification
B. Research Needed To Address Those Barriers and NHTSA's Role in 
Conducting it
VI. Public Participation
Appendix
    1. Executive Summary of the Volpe Report
    2. List of Standards Identified in the Volpe Report

I. Overview

    NHTSA wants to avoid impeding progress with unnecessary or 
unintended regulatory barriers to motor vehicles that have Automated 
Driving Systems (ADS) and unconventional designs, especially those with 
unconventional interior designs. These barriers may complicate or may 
even make impossible the testing and certification of motor vehicles. 
At this stage, the Agency is primarily, but not exclusively, concerned 
with vehicles with ADSs that do not have the means for human driving, 
e.g., a steering wheel and brake and accelerator pedals. NHTSA is also 
interested in the additional testing and certification problems for 
vehicles with ADSs and with seating or other systems that have multiple 
modes, such as front seats that rotate. Some FMVSS, therefore, may pose 
barriers to the testing and certification of these vehicles.
    To enable vehicles with ADSs and with unconventional interiors 
while maintaining those existing safety requirements that will be 
needed and appropriate for those vehicles, NHTSA is developing plans 
and proposals for removing or modifying existing regulatory barriers to 
testing and compliance certification in those areas for which existing 
data and knowledge are sufficient to support decision-making. In other 
areas, plans and proposals cannot be developed until the completion of 
near term research to determine how to revise the test procedures for 
those vehicles. In all

[[Page 2608]]

cases, the Agency's goals would be to ensure that the safety 
performance currently required by the FMVSS is as effective and needed 
for safety in vehicles with unconventional interiors (or exteriors) as 
in conventionally-designed vehicles.
    The Agency is mindful that, in some cases, the most appropriate 
response to an existing requirement in a FMVSS that may complicate or 
may even make impossible to test a motor vehicle to assess compliance 
with that requirement may not be to ask how the requirement can be 
adapted to apply to motor vehicles without manual driving controls. 
Instead, a more appropriate response may be to ask whether the 
requirement should be applied in any form to those motor vehicles. 
These requirements may serve a safety purpose in vehicles with manual 
driving controls, but may not in vehicles without such means of 
control. For example, there may not be any need to require that the 
telltales \1\ and other displays in a vehicle that does not have any 
manual driving controls be visible either to the occupant of a 
particular seating position or even to any occupant at all. In 
addition, some requirements may serve a safety purpose in vehicles that 
carry human occupants, but not in vehicles that will not carry any 
occupants.
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    \1\ As defined in FMVSS No. 101, Control and Displays, 
``telltale means an optical signal that, when illuminated, indicates 
the actuation of a device, a correct or improper functioning or 
condition, or a failure to function.''
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    To these ends, NHTSA is soliciting public comments on (1) the 
barriers identified thus far, (2) any as of yet unidentified, barriers, 
(3) whether the requirements or test procedures creating those barriers 
should be modified to eliminate the testing difficulties or should 
simply be amended so that the requirements do not apply to vehicles 
without means of manual control, (4) the research that needs to be done 
to determine how to remove some of the barriers; (5) and how to 
prioritize this research and any follow-on rulemaking proceedings.
    This input will help NHTSA to plan and undertake more comprehensive 
and strategic efforts to remove barriers and to develop a stronger, 
more collaborative research plan that will complement research by the 
motor vehicle industry and other stakeholders. This will enable the 
Agency to use its resources as efficiently as possible in moving toward 
eliminating potential regulatory barriers to innovation.

II. Automation Revolution

    Automotive transportation is evolving faster today than it has at 
any time since the introduction of the first motor vehicle. Artificial 
intelligence, combined with rapid improvements in sensors, such as 
cameras, lidar,\2\ and radar, is beginning to enable motor vehicles to 
drive themselves.
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    \2\ Lidar (light detection and ranging) is a type of sensor that 
continually fires beams of laser light, and then measures how long 
it takes for the light to return to the sensor. The measurements are 
used to create three-dimensional images of a vehicle's surroundings, 
everything from cars to cyclists to pedestrians to fixed objects 
like poles and trees, in a variety of environments and under a 
variety of lighting conditions.
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    The introduction of vehicles with ADSs into the fleet has the 
potential to reduce injuries, the loss of life, and property damage, 
reduce congestion, enhance mobility, and improve productivity.\3\ NHTSA 
anticipates that automation can serve a vital safety role given that 
human error or choice are estimated to be the critical reason in 94 
percent \4\ of crashes. In the best of circumstances, people make 
errors in judgment or action. In the best of circumstances, human 
drivers make errors in judgment or action. Many people drive in less 
favorable circumstances as a result of the choices they make. Despite 
decades of efforts by NHTSA, States, local jurisdictions, safety 
groups, and industry, many people continue to choose to drive when they 
are fatigued, intoxicated, speeding, unbelted, or distracted. To the 
extent that ADSs are able to support and perhaps eventually replace 
human drivers, human error and unsafe choices would likely be reduced 
as causes of crashes. As the Federal agency whose primary mission is to 
reduce motor vehicle related deaths and injuries, NHTSA is excited 
about these prospects and is working with industry and other 
stakeholders to help make them a reality.
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    \3\ U.S. Department of Transportation, Automated Driving 
Systems--A Vision for Safety, 2017, p. i-11 (https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13069a-ads2.0_090617_v9a_tag.pdf; last accessed November 8, 2017).
    \4\ The National Motor Vehicle Crash Causation Survey (NMVCCS), 
conducted from 2005 to 2007, was aimed at collecting on-scene 
information about the events and associated factors leading up to 
crashes involving light vehicles. Several facets of crash occurrence 
were investigated during data collection, namely the pre-crash 
movement, critical pre-crash event, critical reason, and the 
associated factors. A weighted sample of 5,470 crashes was 
investigated over a period of two and a half years, which represents 
an estimated 2,189,000 crashes nationwide. About 4,031,000 vehicles, 
3,945,000 drivers, and 1,982,000 passengers were estimated to have 
been involved in these crashes. The critical reason, which is the 
last event in the crash causal chain, was assigned to the driver in 
94 percent (2.2%)[dagger] of the crashes. In about 2 
percent (0.7%) of the crashes, the critical reason was 
assigned to a vehicle component's failure or degradation, and in 2 
percent (1.3%) of crashes, it was attributed to the 
environment (slick roads, weather, etc.). Among an estimated 
2,046,000 drivers who were assigned critical reasons, recognition 
errors accounted for about 41 percent (2.1%), decision 
errors 33 percent (3.7%), and performance errors 11 
percent (2.7%) of the crashes.
    A fact sheet containing more detail can be found at https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812115.
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III. Changes in Vehicle Interior Designs and Their Effect on Testing, 
Certification and Compliance Verification Under the Federal Safety 
Standards

    Part of NHTSA's responsibility in carrying out its safety mission 
is not only to develop and set new safety standards for new motor 
vehicles and motor vehicle equipment, but also to modify existing 
standards as necessary to respond to changing circumstances such as the 
introduction of new technologies. Some old standards or portions of 
standards may no longer be needed or at least need to be updated to 
keep them relevant. Examples of previous technological transitions that 
triggered the need to adapt and/or replace requirements in the FMVSS 
include the replacing of analog dashboards by digital ones,\5\ the 
replacing of mechanical control systems by electronic ones \6\ and then 
by wireless ones, and the first production of electric vehicles in 
appreciable numbers.\7\
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    \5\ 70 FR 48295 (August 17, 2005).
    \6\ 60 FR 62061 (December 4, 1995).
    \7\ See, e.g., 59 FR 11004 (March 9, 1994) and 59 FR 49901 
(September 30, 1994).
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    The existing FMVSS can be found in the Code of Federal Regulations 
at 49 CFR part 571. NHTSA has over 60 FMVSS today.
    The FMVSS specify minimum performance requirements and test 
procedures for brakes, accelerator controls, electronic stability 
control, seat belts, airbags, exterior lighting and interior warning 
telltales that illuminate to alert the driver when there is a vehicle 
malfunction, and for other equipment. Manufacturers are prohibited from 
selling vehicles and vehicle equipment unless they comply with all 
applicable FMVSS and their compliance has been self-certified by their 
manufacturer.\8\
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    \8\ 49 U.S.C. 30112(a)(1).
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    Almost all of NHTSA's FMVSS were developed and established well 
before vehicles with ADSs became a practicable possibility. As a 
result, the performance requirements and test procedures in many of the 
FMVSS are based on the assumption that the driver

[[Page 2609]]

will be human, will sit in the vehicle's left front seat to drive (in 
left-hand drive vehicles), and will need certain controls to be 
accessible and telltales and other displays to be viewable in order to 
do the driving. A further and even more basic assumption is that there 
will be at least one occupant in each vehicle. In the case of ADS 
delivery vehicles without manual driving controls, this assumption may 
prove incorrect. If, instead, a vehicle is designed so that only an ADS 
can drive it and vehicle designers modify the passenger compartment to 
take advantage of the flexibility afforded them if a human driver is 
not needed, then many of those assumptions will likely be invalid for 
that vehicle, and some may be actually problematic from a testing 
perspective.
    NHTSA has set out below some illustrative examples of potential 
problems with the existing FMVSS. The Agency requests commenters to 
identify other potential problems.
     If the FMVSS can no longer specify where controls and 
displays are located by requiring them to be visible to or within the 
reach of a person sitting in the driver's seat, then it is unclear for 
which person or persons in which seating position or positions must 
they be visible to or within the reach of or even if they are necessary 
at all.
     After the barriers to determining compliance are removed 
from the FMVSS, the Agency will turn to other closely related questions 
such as whether there is a continued need for certain current 
performance requirements in the FMVSS. For example, among the questions 
that the agency would need to address are: Would occupants still need 
warning telltales and other displays to be viewable if they did not 
have any means of driving their vehicles? Could there be any risk of 
adverse safety consequences if some or all of those warnings and 
messages were not provided to the occupants of those vehicles either 
before or during trips? If a vehicle, such as an ADS delivery vehicle 
without manual driving controls, were unlikely to be occupied during 
trips, would there be any safety need for warning telltales and other 
displays to be viewable?
     If future vehicles with ADSs lack any means of human 
control, it is unclear how the Agency and the manufacturers can conduct 
compliance tests (such as those for stopping distance) that are 
currently performed by human test drivers performing prescribed driving 
maneuvers on test tracks.
     FMVSS No. 126, Electronic stability control systems for 
light vehicles, specifies the use of an automated steering machine that 
depends on a vehicle's steering wheel to steer vehicles when they are 
tested for compliance. If a vehicle with ADS is not equipped with a 
steering wheel because the ADS will do all of the driving, the agency 
would need to determine how to amend the standard to enable the agency 
to conduct stability control testing and maintain the current level of 
effectiveness.
     Some vehicles with ADSs may have unique seating 
configurations that may make it impossible for existing crash 
protection requirements, test procedures and test devices (e.g., 
anthropomorphic dummies) to evaluate adequately the level of 
crashworthiness protection provided.
     There may be other existing performance requirements and 
test procedures that would fail to accommodate unconventional designs. 
If there are, the Agency will need to identify them and determine how 
the Agency should amend them in ways maintain the current level of 
effectiveness.
     There may be some safety attributes or testing procedures 
that will no longer have sufficient value in a vehicle whose usage is 
anticipated to be predominantly automated, but still retains manual 
driving controls.
    The Agency wishes to address these issues (and many others) in the 
coming months and years. We anticipate doing so publicly, seeking all 
available research and public input to help us adapt the FMVSS and 
possibly adopt other measures that are well-calibrated to promote 
innovation, respond to changing circumstances and address emerging 
technologies while maintaining safety.
    We want to emphasize, in an attempt to ensure that there is not any 
misunderstanding about the source and nature of the barriers or about 
the vehicles affected by those barriers, that the FMVSS (or any other 
kind of legally-binding standards) do not have any provisions designed 
to address the self-driving capability of a motor vehicle. Further, 
nothing in the existing FMVSS prohibit ADS. Likewise, nothing in those 
standards poses testing or certification challenges for vehicles with 
ADSs so long as the vehicles have means of manual control and 
conventional seating.
    If, however, manufacturers design vehicles with ADSs not only lack 
manual driving controls, but also have unconventional, flexible 
seating, i.e., seats that slide and/or rotate, then under the Agency's 
line of interpretations involving vehicle systems that have multiple 
modes, there may be testing or even compliance difficulties.\9\ Similar 
problems might be encountered by vehicles with ADSs equipped with 
retractable manual driving controls.
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    \9\ See, e.g., May 6, 1986 letter to Paul Utans regarding a 
Subaru with two adjustment positions for suspension--a high one and 
a low one. In it, NHTSA stated that it reserves the right to 
activate either mode in conducting compliance tests.
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    Thus, it is not the inclusion of an ADS in a new vehicle that 
complicates testing and certifying the compliance of the vehicle to the 
existing FMVSS. Testing and certifying compliance potentially becomes 
complicated only if a manufacturer wishes to go a step further and 
design a vehicle with ADS but without a steering wheel, brake pedal and 
accelerator pedal or with novel configurations or orientations for 
certain vehicle systems. As noted above, this problem arises because 
the FMVSS, as currently written, are premised on the presence of means 
of manual control and on conventional seating configurations and 
orientations.
    Although the Agency may have a degree of flexibility in 
interpreting some of its existing FMVSS to accommodate innovative 
interior designs, in most instances, it will be necessary to amend the 
FMVSS. The FMVSS and the rulemaking process through which they are 
established and amended are subject to the Administrative Procedure 
Act,\10\ the National Traffic and Motor Vehicle Safety Act (Vehicle 
Safety Act),\11\ other statutes, and various Executive Orders and 
guidance documents from the Office of Management and Budget. Together, 
they ensure the FMVSS meet the requirements and goals set by Congress 
and are adopted only after sufficient opportunities for public 
participation and careful consideration and analysis of available 
information and public comments. Under the Vehicle Safety Act, 
moreover, the FMVSS need to be ``objective, practicable, and meet the 
need for safety'' when initially issued and must remain so after being 
amended. If NHTSA revises a test procedure in an FMVSS to accommodate 
an innovative new vehicle design, it must make sure that the FMVSS 
continues to be objective and practicable and meet the need for safety. 
Accomplishing this goal will, in a number of instances, require 
research to develop revised test procedures and performance criteria. 
Defining the needed research and establishing priorities in conducting 
it is the subject of this RFC.
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    \10\ 5 U.S.C. 551 et seq.
    \11\ 49 U.S.C. 30101 et seq.

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[[Page 2610]]

IV. Initial Agency Efforts To Identify Testing, Certification and 
Compliance Verification Issues

    NHTSA began the process of evaluating existing FMVSS for potential 
barriers in 2015. In August of that year, NHTSA contracted with DOT's 
Volpe Center to conduct a review of the FMVSS and issue a report 
identifying the standards that pose potential barriers to the 
introduction of vehicles with ADSs and with unconventional interior 
designs.
    While that review was underway, Google submitted a letter, dated 
November 12, 2015, requesting an interpretation regarding the 
application of certain FMVSS to vehicles with ADSs. In describing its 
ADS vehicle, Google indicated its intent to design the vehicle so that 
it does not include conventional manual driving controls, including a 
steering wheel, accelerator, or brake pedal. NHTSA responded to that 
letter on February 4, 2016.\12\
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    \12\ Available at https://isearch.nhtsa.gov/files/Google%20--%20-compiled%20response%20to%2012%20Nov%20%2015%20interp%20request%20--%204%20Feb%2016%20final.htm.
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    In its letter, NHTSA took the position that a motor vehicle's 
``self-driving system'' (SDS) could be regarded as the driver or that 
the left front seating position could be regarded as the driver's 
position in a variety of standards referencing the ``driver'' or 
``driver's seating position.''
    The response then addressed the question of whether and how Google 
could certify that the SDS meets a standard developed and designed to 
apply to a vehicle with a human driver. NHTSA said that in order for it 
to interpret a standard as allowing certification of compliance by a 
vehicle manufacturer, NHTSA must first have a suitable test procedure 
or other means of verifying such compliance. That is, NHTSA said that 
if a FMVSS lacks a test procedure that is suitable for the Agency's use 
in verifying a manufacturer's certification of the compliance of some 
of its vehicles with a FMVSS, the manufacturer cannot validly certify 
the compliance of those vehicles with the standard. As NHTSA further 
explained in the letter,

    The critical point of NHTSA's responses for many of the 
requested interpretations is that defining the driver as the SDS (or 
the driver's position as the left front position) does not end the 
inquiry or determine the result. Once the SDS is deemed to be the 
driver for purposes of a particular standard or test, the next 
question is whether and how Google could certify that the SDS meets 
a standard developed and designed to apply to a vehicle with a human 
driver. Related, in order for NHTSA to interpret a standard as 
allowing certification of compliance by a vehicle manufacturer, 
NHTSA must first have a test procedure or other means of verifying 
such compliance.

    Volpe completed its review of the FMVSS before NHTSA sent its 
February 4 letter to Google and thus did not consider that letter in 
conducting its review. The report on the results of the review was 
published one month later in March 2016.\13\ (To read the executive 
summary of the report and a list of the FMVSS identified in the report, 
please see the appendix at the end of this document.) In that report, 
Volpe described the two reviews that it conducted of the FMVSS: A 
driver reference scan to identify which standards include an explicit 
or implicit reference to a human driver and a driving automation 
concepts scan to identify which standards could pose a challenge for a 
wide range of driving automation capabilities and concepts. The review 
revealed that there are few barriers for a vehicle with ADS to comply 
with the FMVSS, so long as the vehicle does not significantly diverge 
from a conventional vehicle design. Two standards, FMVSS 114 for theft 
protection and rollaway prevention and FMVSS 135 for light vehicle 
brake systems, were identified as having potential issues for vehicles 
with an ADS and with conventional designs.\14\
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    \13\ Kim, Anita, David Perlman, Dan Bogard, and Ryan Harrington. 
``Review of Federal Motor Vehicle Safety Standards (FMVSS) for 
Automated Vehicles,'' Preliminary Report--March 2016. U.S. DOT Volpe 
Center, Cambridge, MA. Available at https://rosap.ntl.bts.gov/view/dot/12260. For a specific listing of potential barriers, see 
Appendix B of that report, pp. 26 et seq.
    \14\ Ibid, pp. 9-10. FMVSS 114 presents several issues. One is 
whether, for the purposes of satisfying the requirement an automatic 
transmission ``vehicle must be designed such that the transmission 
or gear selection control cannot move from the ``park'' position, 
unless the key is in the starting system,'' an electronic code 
transmitted from a smartphone application to a vehicle can be 
interpreted as being a key. The report notes that NHTSA has 
historically interpreted the electronic code transmitted by a 
wireless transponder directly to a vehicle as a key for the purposes 
of FMVSS 114. Although the report notes the existence of a 
technological difference in these two different methods of 
transmitting an electronic code to a vehicle, it does not suggest 
why that difference should lead to a different conclusion by the 
Agency.
    FMVSS 135 requires that the service brakes ``shall be activated 
by means of a foot control''.
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    In addition, NHTSA subject matter experts have identified specific 
requirements and test procedure limitations. NHTSA is initiating new 
research on the assessment and evaluation of, and solutions to, the 
preliminary challenges identified in the Volpe report to the testing, 
compliance verification and self-certification of vehicles with ADSs. 
Most of these challenges are precipitated by alternative vehicle 
designs, such as ones lacking manual driving controls. NHTSA's initial 
research focuses primarily on the FMVSS compliance test procedures, but 
will also explore options for telltales, visual and auditory displays 
and controls and other innovative new vehicle design challenges that 
may not have been identified in the original Volpe report. NHTSA has 
contracted with the Virginia Tech Transportation Institute to perform 
this research. This is a multidisciplinary project to develop technical 
translations to existing FMVSS and related testing procedure approaches 
for emerging innovative and non-traditional vehicle designs. The 
project is being conducted by a core team comprising FMVSS experts; 
industry team members General Motors and Nissan; testing facilities 
Dynamic Research, Inc., and MGA Research Corporation; and research 
institutions Booz Allen Hamilton and the Southwest Research Institute 
in concert with stakeholder and peer review groups. The research will 
review and identify alternative new vehicle designs, develop candidate 
alternative approaches, and establish an evaluation process as well as 
associated tools in close collaboration with critical stakeholders. 
This research project started at the beginning of FY2018 and is 
expected to develop robust alternative approaches within the next 12 
months to demonstrate compliance with many of the identified FMVSS 
whose existing test procedures present challenges. The results of this 
research will be made public after the completion of the project.

V. Requests for Comment

    To help guide NHTSA's research to address testing and self-
certification issues, we seek comments on the topics below. The Agency 
urges that, where possible, comments be supported by data and analysis 
to increase their usefulness. Please clearly indicate the source of 
such data.

A. Barriers to Testing, Certification and Compliance Verification

    1. What are the different categories of barriers that the FMVSS 
potentially create to the testing, certification and compliance 
verification of a new ADS vehicle lacking manual driving controls? 
Examples of barrier categories include the following:
    a. Test procedures that cannot be conducted for vehicles with ADSs 
and with innovative interior designs; and
    b. performance requirements that may serve a reduced safety purpose 
or even no safety purpose at all for a vehicle

[[Page 2611]]

with ADS and thus potentially impose more cost and more restrictions on 
design than are warranted.
    As noted earlier in this document, the first of the above 
categories is the primary focus of this document. However, the Agency 
seeks comments on both categories of barriers. If you believe that 
there are still other barrier categories, please identify them.
    2. NHTSA requests comments on the statement made in NHTSA's 
February 2016 letter of interpretation to Google, that if a FMVSS lacks 
a test procedure that is suitable for the Agency's use in verifying a 
manufacturer's certification of compliance with a provision in that 
FMVSS, the manufacturer cannot validly certify the compliance of its 
vehicles with that provision. Do commenters agree that each of the 
standards identified in the letter as needing to be amended before 
manufacturers can certify compliance with it must be amended in order 
to permit certification? Why or why not? If there are other solutions, 
please describe them.
    3. Do you agree (or disagree) that the FMVSS provisions identified 
in the Volpe report or Google letter as posing barriers to testing and 
certification are, in fact, barriers? Please explain why.
    4. Do commenters think there are FMVSS provisions that pose 
barriers to testing and certification of innovative new vehicle 
designs, but were not covered in the Volpe report or Google letter? If 
so, what are they, how do they pose barriers, and how do you believe 
NHTSA should consider addressing them?
    5. Are there ways to solve the problems that may be posed by any of 
these FMVSS provisions without conducting additional research? If so, 
what are they and why do you believe that no further research is 
necessary? For example, can some apparent problems be solved through 
interpretation? If so, which ones?
    6. Similarly, are there ways to solve the problems that may be 
posed by any of these FMVSS provisions without rulemaking? For example, 
can some apparent problems be solved through interpretation without 
either additional research or through rulemaking? If so, which ones?
    7. In contrast, if a commenter believes that legislation might be 
necessary to enable NHTSA to remove a barrier identified by the 
commenter, please explain why and please identify the specific existing 
law that the commenter thinks should be changed and describe how it 
should be changed. If there are associated regulations that the 
commenter believes should be changed, please identify the specific CFR 
citation and explain why they need to be changed.
    8. Many FMVSS contain test procedures that are based on the assumed 
presence of a human driver, and will therefore likely need to be 
amended to accommodate vehicles that cannot be driven by humans. Other 
FMVSS test procedures may seem, based on a plain reading of their 
language, to accommodate vehicles that cannot be driven by humans, but 
it may nevertheless be unclear how NHTSA (or a manufacturer attempting 
to self-certify to the test) would instruct the vehicle to perform the 
test as written.
    a. Do commenters believe that these procedures should apply to a 
vehicle that cannot be driven by a human? If so, why? If there are data 
to support this positon, please provide it.
    b. If not, can NHTSA test in some other manner? Please identify the 
alternative manner and explain why it would be appropriate.
    9. What research would be necessary to determine how to instruct a 
vehicle with ADS but without manual means of control to follow a 
driving test procedure? Is it possible to develop a single approach to 
inputting these ``instructions'' in a manner applicable to all vehicle 
designs and all FMVSS, or will the approach need to vary, and if so, 
why and how? If commenters believe there is a risk of gaming,\15\ what 
would that risk be and how could it be reduced or prevented?
---------------------------------------------------------------------------

    \15\ For example, if vehicles with ADSs were tested by 
instructing them to follow a fixed path through a maze of streets 
simulating a series of adjacent urban or suburban blocks and if, 
along that path, the vehicles encountered surrogate vehicles, 
cyclists and pedestrians at fixed time intervals and in fixed 
locations, it might be possible for the vehicles to avoid any 
collisions if the vehicles were programmed to stop in those 
locations at the scheduled time intervals in lieu of the vehicles' 
actually relying on their sensors to detect the surrogates and on 
their algorithms to manage braking and steering in such a way as to 
avoid any collisions.
---------------------------------------------------------------------------

    10. In lieu of the approaches suggested in questions 8 and 9, is 
there an alternative means of demonstrating equivalent level of safety 
that is reliable, objective and practicable?
    11. For FMVSS that include test procedures that assume a human 
driver is seated in a certain seating position (for example, procedures 
that assess whether a rearview mirror provides an image in the correct 
location), should NHTSA simply amend the FMVSS to require, for 
instance, that ``driver's seat'' requirements apply to any front 
seating position? If so, please explain why. If not, what research 
would need to be conducted to determine how NHTSA should amend those 
requirements?
    12. A variety of FMVSS require safety-related dashboard telltales 
and other displays, if provided, to be visible to a human driver and 
controls to be within reach of that driver. Generally speaking, is 
there a safety need for the telltales and other displays in Table 1 and 
2 of FMVSS 101 to be visible to any of the occupants in vehicles 
without manual driving controls? \16\ Commenters are requested to 
provide their own list of the telltales and other displays they believe 
are most relevant to meeting any potential safety need in those 
vehicles. For each item on that list, please answer the following 
questions:
---------------------------------------------------------------------------

    \16\ Examples of such displays are the malfunction displays for 
systems like Antilock Braking System (ABS), Electronic Stability 
Control (ESC), Tire Pressure Monitoring System (TPMS), air bags, 
etc.
---------------------------------------------------------------------------

    a. Should the telltale or other display be required to be visible 
to one or more vehicle occupants in vehicles without manual driving 
controls?
    b. If there is a need for continued visibility, to the occupant(s) 
of which seating position(s) should the telltale or other display be 
visible?
    c. Does the answer to the question about the continued need for a 
telltale or other display to be visible to the occupant of a vehicle 
without manual driving controls change if a manufacturer equips the 
vehicle with a device like an ``emergency stop button''? Why or why 
not?
    d. Would the informational safety needs of the occupants of 
vehicles with ADSs differ according to whether the vehicle has a full 
set of manual driving controls, just an emergency stop button or no 
controls whatsoever?
    e. Conversely, if a vehicle is designed such that it can be driven 
only by an ADS, does the ADS need to be provided with some or all of 
the same information currently required to be provided for a human 
driver? For example, does the ADS need to know if the tires are 
underinflated? Why or why not?
    f. If commenters believe that it would enhance safety if a 
vehicle's ADS were required to receive information similar to some or 
all of that currently required to be provided to human drivers by 
telltales and other displays, what research needs to be conducted to 
develop the kinds of objective and practicable performance requirements 
or test procedures that would enable manufacturers and the Agency to 
evaluate whether that information was provided to and understood by the 
ADS?
    13. If NHTSA is going to conduct research to determine whether 
there is any safety need for the occupants of fully-self-driving 
vehicles to continue to

[[Page 2612]]

have any access to any of the nondriving controls (e.g., controls for 
windshield washer/wiper system, turn signals and lights) in a vehicle 
without manual driving controls, what should that research include and 
how should NHTSA conduct it?
    a. If there is a safety need for the occupants of fully-self-
driving vehicles to have access to any of the existing vehicle non-
driving controls, please identify those controls and explain the safety 
need.
    b. Do commenters believe that research should be conducted to 
determine whether any additional controls (such as an emergency stop 
button) might be necessary for safety or public acceptance if manual 
driving controls are removed from fully-self-driving vehicles? Why or 
why not, and what is the basis for your belief?
    c. If NHTSA is going to conduct research to determine whether there 
is any safety need for the occupants of fully-self-driving vehicles to 
continue to be able to control exterior lighting like turn signals and 
headlamp beam switching devices, what should that research include and 
how should NHTSA conduct it? Separately, if NHTSA is going to conduct 
research on what exterior lighting continues to be needed for safety 
when a human is not driving, what should that research include and how 
should NHTSA conduct it?
    14. If NHTSA is going to conduct research to determine whether 
there is a safety need for the occupants of vehicles with ADSs but 
without manual driving controls to be able to see to the side and 
behind those vehicles using mirrors or cameras, what should that 
research include and how should NHTSA conduct it? Separately, if NHTSA 
is going to conduct research to determine how NHTSA would test the 
ability of a vehicle's ADS' to ``see'' around and behind the vehicle as 
well as (or better than) a human driver would, what should that 
research include and how should NHTSA conduct it?
    15. Do the FMVSS create testing and certification issues for 
vehicles with ADSs other than those discussed above? If so, which FMVSS 
do so and why do you believe they present such issues? For example, 
FMVSS No. 108, ``Lamps, reflective devices, and associated equipment,'' 
could potentially pose obstacles to certifying the compliance of a 
vehicle that uses exterior lighting and messaging, through words or 
symbols, to communicate to nearby pedestrians, cyclists and motorists, 
such as at a 4-way stop intersection, the vehicle's awareness of their 
presence and the vehicle's willingness to cede priority of movement to 
any of those people. If research is needed to eliminate the barriers in 
an appropriate way, please describe the research and explain why it is 
needed. Are there other lighting issues that should be considered? For 
example, what lighting will be needed to ensure the proper functioning 
of the different types of vehicle sensors, especially cameras whose 
functions include reading traffic control signs?
    16. If occupants of vehicles with ADSs, especially those without 
manual driving controls, are less likely to sit in what is now called 
the driver's seating position or are less likely to sit in seats that 
are facing forward, how should these factors affect existing 
requirements for crashworthiness safety features?
    17. If vehicles with ADSs have emergency controls that can be 
accessed through unconventional means, such as a smart phone or multi-
purpose display and have unconventional interiors, how should the 
Agency address those controls?
    18. Are there any specific regulatory barriers related to small 
businesses that NHTSA should consider, specifically those that may help 
facilitate small business participation in this emerging technology?

B. Research Needed To Address Those Barriers and NHTSA's Role in 
Conducting it

    19. For issues about FMVSS barriers that NHTSA needs research to 
resolve, do commenters believe that there are specific items that would 
be better addressed through research by outside stakeholders, such as 
industry or research organizations, instead of by NHTSA itself?
    a. Which issues is industry better equipped to undertake on its 
own, and why? Which issues are research organizations or other 
stakeholders better equipped to undertake on their own, and why?
    b. What research is needed to determine which types of safety 
performance metrics \17\ should be used to evaluate a particular safety 
capability and to develop a test procedure for evaluating how well a 
vehicle performs in terms of those metrics?
---------------------------------------------------------------------------

    \17\ The purpose of formulating safety performance metrics for 
motor vehicles is to facilitate the quantitative assessment of their 
capabilities. An example of a crash avoidance performance metric is 
the ability of a vehicle with ADS to sense and avoid colliding with 
a surrogate pedestrian crossing a street on a test course.
---------------------------------------------------------------------------

    c. Which questions is NHTSA better equipped to undertake and why? 
For example, would NHTSA, as the regulator, be the more appropriate 
party to conduct research needed to determine what performance 
threshold to require vehicles to meet with respect to that metric? Why 
or why not?
    d. What research have industry, research organizations, and other 
stakeholders done related to barriers to testing and certification? 
What research are they planning to do? With respect to research 
planned, but not yet completed, please identify the research and state 
the starting and end dates for that research.
    e. How can NHTSA, industry, states, research organizations, and 
other stakeholders work together to ensure that, if the research on 
these issues were eventually to lead to rulemaking, it is done with the 
rigor and thoroughness that NHTSA would need to meet its statutory 
obligations, regardless of who performs it (e.g., done in a manner that 
enables the Agency to ensure that the FMVSS continue to be objective 
and practicable and continue to meet the need for safety)?
    20. For the issues identified above or by commenters, which merit 
the most attention? How should the agency prioritize its research and 
any follow-on rulemakings to remove the barriers to testing and 
certification?
    21. Correcting barriers associated with the track testing of motor 
vehicles will be particularly challenging. Examples of such barriers 
follow:
    a. As noted above, FMVSS No. 126 specifies the use of an automated 
steering machine that depends on a vehicle's steering wheel to steer 
vehicles when they are tested for compliance. NHTSA will need to 
determine how to amend the standard to enable the agency to conduct 
stability control testing in vehicles that lack a steering wheel. 
Further, if NHTSA is going to conduct research to consider how to 
change the ``sine with dwell'' test procedure for FMVSS No. 126, so 
that steering wheel angle need not be measured at the steering wheel in 
determining compliance with the standard, what should that research 
include and how should NHTSA conduct it?
    b. If NHTSA is going to conduct research to develop a performance 
test to verify how a vehicle is activating its service brakes, what 
should that research include and how should NHTSA conduct it? If NHTSA 
is going to conduct research to determine whether there continues to be 
a safety need to maintain a human-operable service brake, what should 
that research include and how should NHTSA conduct it?

[[Page 2613]]

    22. Are there industry standards, existing or in development, that 
may be suitable for incorporation by reference by NHTSA in accordance 
with the standards provisions of the National Technology Transfer and 
Advancement Act of 1995 and Office of Management and Budget Circular A-
119, ``Federal Participation in the Development and Use of Voluntary 
Consensus Standards and Conformity Assessment Activities?''

VI. Public Participation

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your 
comments are filed in the correct docket, please include the docket 
number of this document in your comments.
    Your comments must not be more than 15 pages long (49 CFR 553.21). 
NHTSA established this limit to encourage you to write your primary 
comments in a concise fashion. However, you may attach necessary 
additional documents to your comments. There is no limit on the length 
of the attachments.
    Please submit one copy (two copies if submitting by mail or hand 
delivery) of your comments, including the attachments, to the docket 
following the instructions given above under ADDRESSES. Please note, if 
you are submitting comments electronically as a PDF (Adobe) file, we 
ask that the documents submitted be scanned using an Optical Character 
Recognition (OCR) process, thus allowing NHTSA to search and copy 
certain portions of your submissions.

How do I submit confidential business information?

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

Will NHTSA consider late comments?

    NHTSA will consider all comments received before the close of 
business on the comment closing date indicated above under DATES. To 
the extent possible, NHTSA will also consider comments received after 
that date.

How can I read the comments submitted by other people?

    You may read the comments received at the address given above under 
ADDRESSES. The hours of the docket are indicated above in the same 
location. You may also read the comments on the internet, identified by 
the docket number at the heading of this notice, at http://www.regulations.gov.
    Please note that, even after the comment closing date, NHTSA will 
continue to file relevant information in the docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
NHTSA recommends that you periodically check the docket for new 
material.

    Authority:  49 U.S.C. 30101 et seq., 49 U.S.C. 30182.

    Issued in Washington, DC, on January 10, 2018, under authority 
delegated in 49 CFR part 1.95.
Heidi King,
Deputy Administrator.

Appendix

1. Executive Summary of the Volpe Report

Review of Federal Motor Vehicle Safety Standards (FMVSS) for Automated 
Vehicles

Identifying Potential Barriers and Challenges for the Certification of 
Automated Vehicles Using Existing FMVSS

Preliminary Report--March 2016

Anita Kim, David Perlman, Dan Bogard and Ryan Harrington Technology 
Innovation and Policy Division

    `` Current Federal Motor Vehicle Safety Standards 
(FMVSS) do not explicitly address automated vehicle technology and 
often assume the presence of a human driver. As a result, existing 
language may create certification challenges for manufacturers of 
automated vehicles that choose to pursue certain vehicle concepts.
     The purpose of this work is to identify instances where 
the existing FMVSS may pose challenges to the introduction of 
automated vehicles. It identifies standards requiring further 
review--both to ensure that existing regulations do not unduly 
stifle innovation and to help ensure that automated vehicles perform 
their functions safely.
     The review highlighted standards in the FMVSS that may 
create certification challenges for automated vehicle concepts with 
particular characteristics, including situations in which those 
characteristics could introduce ambiguity into the interpretation of 
existing standards. The review team's approach was meant to be as 
inclusive as possible, with the intent to identify standards that 
would require further review or discussion.
     This is a preliminary report summarizing the review of 
FMVSS and includes a discussion on approach, findings, and analysis. 
As a preliminary review, the contents of this report reflect the 
results of an initial analysis and may be modified based on 
stakeholder input and future discussion.
     The Volpe team conducted two reviews of the FMVSS: a 
driver reference scan to identify which standards include an 
explicit or implicit reference to a human driver and an automated 
vehicle concepts scan to identify which standards could pose a 
challenge for a wide range of automated vehicle capabilities and 
concepts.
    [cir] The driver reference scan revealed references in numerous 
standards to a driver (defined in Sec.  571.3 as ``. . . the 
occupant of the motor vehicle seated immediately behind the steering 
control system''), a driver's seating position, or controls and 
displays that must be visible to or operable by a driver, or 
actuated by a driver's hands or feet.
    [cir] In order to conduct the automated vehicle concepts scan, 
the Volpe team developed 13 different automated vehicle concepts, 
ranging from limited levels of automation (and near-term 
applications) to highly-automated, driverless concepts with 
innovative vehicle designs. The idea was to evaluate the FMVSS 
against these different automated vehicle concepts.
     In summary, the review revealed that there are few 
barriers for automated vehicles to comply with FMVSS, as long as the 
vehicle does not significantly diverge from a conventional vehicle 
design. Two standards: theft protection and rollaway prevention 
(Sec.  571.114) and light vehicle brake systems (Sec.  571.135) were 
identified as having potential issues for automated vehicles with 
conventional designs.
     Automated vehicles that begin to push the boundaries of 
conventional design (e.g., alternative cabin layouts, omission of 
manual controls) would be constrained by the current FMVSS or may 
conflict with policy objectives of the FMVSS. Many standards, as 
currently written, are based on assumptions of conventional vehicle 
designs and thus pose challenges for certain design concepts, 
particularly for `driverless' concepts where occupants have no way 
of driving the vehicle (e.g., Sec.  571.101, controls and displays, 
Sec.  571.111, rear visibility, Sec.  571.208, occupant crash 
protection represent a few examples).
     Subsequent to the Volpe Center's review of the FMVSS, 
but prior to the publication of this report, NHTSA released 
interpretations to BMW of North America and Google, Inc. in response 
to questions regarding how to interpret certain FMVSS requirements 
in the context of automated vehicles. As a result, the review does 
not reflect this subsequent development. The full text of these 
interpretations are available in NHTSA's repository of 
interpretation files at the website: isearch.nhtsa.gov.''

[[Page 2614]]

2. List of Standards Identified in the Volpe Report

    In the report, the Volpe Center reported 32 of 63 FMVSS's that 
may present certification challenges for certain types of automated 
vehicles because they contain performance specifications, test 
procedures, or equipment requirements that present potential 
barriers to the certification of one or more AV concepts:
    1. Conventional Vehicles (with driver controls) with highly-
automated features (2 standards identified).
     key must be in position before moving out of park 
position, and park position interlock with the service brake 
(571.114),
     foot-actuated service brake control, brake system 
warning indicator, and warning device for lining replacements 
(571.135).
    2. Fully-self-driving vehicles (no driver controls or novel 
design) (32 standards identified, some examples listed below).
     controls and displays visible to the driver (571.101),
     transmission shift position sequence and interlock 
(571.102),
     windshield defrosting and defogging (571.103),
     windshield wipers (571.104),
     foot-actuated service brake control, brake system 
warning indicator, and warning device for lining replacements 
(571.105),
     turn signal, flasher, headlamp beam switch, and upper 
beam indicator (571.108),
     tire/rim retention requirement for driver (571.110),
     requirements for rear visibility for the driver 
(571.111),
     key must be in position before moving out of park 
position, and park position interlock with the service brake 
(571.114),
     powered windows and roof panels (571.118),
     foot-actuated service brake control, low-pressure brake 
system warning indicator, and brake adjustment indicators (571.121),
     motorcycle brake systems (571.122),
     accelerator pedal must return to neutral when released 
by the driver (571.124),
     a steering wheel (a requirement for completing tests) 
and certain controls and displays (571.126),
     foot-actuated service brake control, brake system 
warning indicator, and warning device for lining replacements 
(571.135),
     TPMS telltale for low tire pressure to warn driver 
(571.138),
     occupant protection in interior impact (571.201),
     door locks and door retention components (571.206),
     a designated seating position for the driver (571.207),
     occupant protection and warning system for non-buckled 
seat belt (571.208),
     seat belt anchorages (571.210),
     side impact protection (571.214),
     windshield zone intrusion (571.219),
     child restraint anchorage systems (571.225),
     readiness monitor for ejection mitigation 
countermeasures visible to the driver (571.226),
     flammability of interior materials (571.302),
     interior trunk release (571.401),
     other equipment may pose barriers to certification.

[FR Doc. 2018-00671 Filed 1-17-18; 8:45 am]
 BILLING CODE 4910-59-P



                                                                         Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules                                                 2607

                                                    Dated: January 11, 2018.                              path for innovative vehicle designs and                Standards, telephone 202–366–1810,
                                                  Michael D. Emerson,                                     technologies that feature ADSs.                        email David.Hines@dot.gov;
                                                  Director, Marine Transportation Systems,                DATES: Comments are due no later than                    For legal issues, Stephen Wood,
                                                  U.S. Coast Guard.                                       March 5, 2018.                                         Assistant Chief Counsel, Vehicle
                                                  [FR Doc. 2018–00781 Filed 1–17–18; 8:45 am]                                                                    Rulemaking and Harmonization, Office
                                                                                                          ADDRESSES: Comments must refer to the
                                                                                                                                                                 of Chief Counsel, 202–366–2992, email
                                                  BILLING CODE 9110–04–P                                  docket number above and be submitted
                                                                                                                                                                 Steve.Wood@dot.gov.
                                                                                                          by one of the following methods:
                                                                                                            • Federal eRulemaking Portal: Go to                  SUPPLEMENTARY INFORMATION:
                                                  DEPARTMENT OF TRANSPORTATION                            http://www.regulations.gov. Follow the                 Table of Contents
                                                                                                          online instructions for submitting
                                                                                                                                                                 I. Overview
                                                  National Highway Traffic Safety                         comments.                                              II. Automation Revolution
                                                  Administration                                            • Mail: Docket Management Facility,                  III. Changes in Vehicle Interior Designs and
                                                                                                          M–30, U.S. Department of                                     Their Effect on Testing, Certification and
                                                  49 CFR Part 571                                         Transportation, West Building, Ground                        Compliance Verification Under the
                                                                                                          Floor, Room W12–140, 1200 New Jersey                         Federal Safety Standards
                                                  [Docket No. NHTSA–2018–0009]                                                                                   IV. Initial Agency Efforts To Identify Testing,
                                                                                                          Avenue SE, Washington, DC 20590.
                                                  Removing Regulatory Barriers for                          • Hand Delivery or Courier: U.S.                           Certification and Compliance
                                                                                                          Department of Transportation, West                           Verification Issues
                                                  Vehicles With Automated Driving                                                                                V. Requests for Comment
                                                  Systems                                                 Building, Ground Floor, Room W12–                      A. Barriers to Testing, Certification and
                                                                                                          140, 1200 New Jersey Avenue SE,                              Compliance Verification
                                                  AGENCY:  National Highway Traffic                       Washington, DC, between 9 a.m. and 5                   B. Research Needed To Address Those
                                                  Safety Administration (NHTSA),                          p.m. Eastern time, Monday through                            Barriers and NHTSA’s Role in
                                                  Department of Transportation (DOT).                     Friday, except Federal holidays.                             Conducting it
                                                  ACTION: Request for comment (RFC).                        • Fax: 202–493–2251.                                 VI. Public Participation
                                                                                                            Regardless of how you submit your                    Appendix
                                                  SUMMARY:    NHTSA seeks public                          comments, you must include the docket                     1. Executive Summary of the Volpe Report
                                                                                                                                                                    2. List of Standards Identified in the Volpe
                                                  comments to identify any regulatory                     number identified in the heading of this                     Report
                                                  barriers in the existing Federal Motor                  notice.
                                                  Vehicle Safety Standards (FMVSS) to                       Note that all comments received,                     I. Overview
                                                  the testing, compliance certification and               including any personal information                        NHTSA wants to avoid impeding
                                                  compliance verification of motor                        provided, will be posted without change                progress with unnecessary or
                                                  vehicles with Automated Driving                         to http://www.regulations.gov. Please                  unintended regulatory barriers to motor
                                                  Systems (ADSs) and certain                              see the ‘‘Privacy Act’’ heading below.                 vehicles that have Automated Driving
                                                  unconventional interior designs.                           You may call the Docket Management                  Systems (ADS) and unconventional
                                                  NHTSA is focusing primarily, but not                    Facility at 202–366–9324.                              designs, especially those with
                                                  exclusively, on vehicles with ADSs that                    Docket: For access to the docket to                 unconventional interior designs. These
                                                  lack controls for a human driver; e.g.,                 read background documents or                           barriers may complicate or may even
                                                  steering wheel, brake pedal or                          comments received, go to http://                       make impossible the testing and
                                                  accelerator pedal. The absence of                       www.regulations.gov or the street                      certification of motor vehicles. At this
                                                  manual driving controls, and thus of a                  address listed above. We will continue                 stage, the Agency is primarily, but not
                                                  human driver, poses potential barriers                  to file relevant information in the                    exclusively, concerned with vehicles
                                                  to testing, compliance certification and                Docket as it becomes available.                        with ADSs that do not have the means
                                                  compliance verification. For example,                      Privacy Act: In accordance with 5                   for human driving, e.g., a steering wheel
                                                  many of the FMVSS refer to the ‘‘driver’’               U.S.C. 553(c), DOT solicits comments                   and brake and accelerator pedals.
                                                  or ‘‘driver’s seating position’’ in                     from the public to better inform its                   NHTSA is also interested in the
                                                  specifying where various vehicle                        decision-making process. DOT posts                     additional testing and certification
                                                  features and systems need to be located                 these comments, without edit, including                problems for vehicles with ADSs and
                                                  so that they can be seen and/or used by                 any personal information the                           with seating or other systems that have
                                                  a person sitting in that position. Further,             commenter provides, to http://                         multiple modes, such as front seats that
                                                  the compliance test procedures of some                  www.regulations.gov, as described in                   rotate. Some FMVSS, therefore, may
                                                  FMVSS depend on the presence of such                    the system of records notice (DOT/ALL–                 pose barriers to the testing and
                                                  things as a human test driver who can                   14 FDMS), which can be reviewed at                     certification of these vehicles.
                                                  follow instructions on test driving                     https://www.transportation.gov/privacy.                   To enable vehicles with ADSs and
                                                  maneuvers or a steering wheel that can                  Anyone can search the electronic form                  with unconventional interiors while
                                                  be used by an automated steering                        of all comments received into any of our               maintaining those existing safety
                                                  machine. NHTSA also seeks comments                      dockets by the name of the individual                  requirements that will be needed and
                                                  on the research that would be needed to                 submitting the comment (or signing the                 appropriate for those vehicles, NHTSA
                                                  determine how to amend the FMVSS in                     comment, if submitted on behalf of an                  is developing plans and proposals for
                                                  order to remove such barriers, while                    association, business, labor union, etc.).             removing or modifying existing
                                                  retaining those existing safety                         FOR FURTHER INFORMATION CONTACT:                       regulatory barriers to testing and
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  requirements that will be needed and                      For research issues, John Harding,                   compliance certification in those areas
                                                  appropriate for those vehicles. In all                  Intelligent Technologies Research                      for which existing data and knowledge
                                                  cases, the Agency’s goal would be to                    Division, Office of Vehicle Crash                      are sufficient to support decision-
                                                  ensure the maintenance of currently                     Avoidance and Electronic Controls                      making. In other areas, plans and
                                                  required levels of safety performance.                  Research, telephone: 202–366–5665,                     proposals cannot be developed until the
                                                  These comments will aid the Agency in                   email: John.Harding@dot.gov;                           completion of near term research to
                                                  setting research priorities as well as                    For rulemaking issues, David Hines,                  determine how to revise the test
                                                  inform its subsequent actions to lay a                  Director, Office of Crash Avoidance                    procedures for those vehicles. In all


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                                                  2608                    Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules

                                                  cases, the Agency’s goals would be to                     II. Automation Revolution                               perhaps eventually replace human
                                                  ensure that the safety performance                          Automotive transportation is evolving                 drivers, human error and unsafe choices
                                                  currently required by the FMVSS is as                     faster today than it has at any time since              would likely be reduced as causes of
                                                  effective and needed for safety in                        the introduction of the first motor                     crashes. As the Federal agency whose
                                                  vehicles with unconventional interiors                    vehicle. Artificial intelligence,                       primary mission is to reduce motor
                                                  (or exteriors) as in conventionally-                      combined with rapid improvements in                     vehicle related deaths and injuries,
                                                  designed vehicles.                                        sensors, such as cameras, lidar,2 and                   NHTSA is excited about these prospects
                                                     The Agency is mindful that, in some                    radar, is beginning to enable motor                     and is working with industry and other
                                                                                                            vehicles to drive themselves.                           stakeholders to help make them a
                                                  cases, the most appropriate response to
                                                                                                              The introduction of vehicles with                     reality.
                                                  an existing requirement in a FMVSS
                                                  that may complicate or may even make                      ADSs into the fleet has the potential to                III. Changes in Vehicle Interior Designs
                                                  impossible to test a motor vehicle to                     reduce injuries, the loss of life, and                  and Their Effect on Testing,
                                                  assess compliance with that                               property damage, reduce congestion,                     Certification and Compliance
                                                  requirement may not be to ask how the                     enhance mobility, and improve                           Verification Under the Federal Safety
                                                  requirement can be adapted to apply to                    productivity.3 NHTSA anticipates that                   Standards
                                                  motor vehicles without manual driving                     automation can serve a vital safety role
                                                                                                                                                                       Part of NHTSA’s responsibility in
                                                  controls. Instead, a more appropriate                     given that human error or choice are
                                                                                                                                                                    carrying out its safety mission is not
                                                  response may be to ask whether the                        estimated to be the critical reason in 94
                                                                                                                                                                    only to develop and set new safety
                                                  requirement should be applied in any                      percent 4 of crashes. In the best of
                                                                                                                                                                    standards for new motor vehicles and
                                                  form to those motor vehicles. These                       circumstances, people make errors in
                                                                                                                                                                    motor vehicle equipment, but also to
                                                  requirements may serve a safety purpose                   judgment or action. In the best of
                                                                                                                                                                    modify existing standards as necessary
                                                  in vehicles with manual driving                           circumstances, human drivers make
                                                                                                                                                                    to respond to changing circumstances
                                                  controls, but may not in vehicles                         errors in judgment or action. Many
                                                                                                                                                                    such as the introduction of new
                                                  without such means of control. For                        people drive in less favorable
                                                                                                                                                                    technologies. Some old standards or
                                                  example, there may not be any need to                     circumstances as a result of the choices
                                                                                                                                                                    portions of standards may no longer be
                                                  require that the telltales 1 and other                    they make. Despite decades of efforts by
                                                                                                                                                                    needed or at least need to be updated to
                                                  displays in a vehicle that does not have                  NHTSA, States, local jurisdictions,
                                                                                                                                                                    keep them relevant. Examples of
                                                  any manual driving controls be visible                    safety groups, and industry, many
                                                                                                                                                                    previous technological transitions that
                                                                                                            people continue to choose to drive
                                                  either to the occupant of a particular                                                                            triggered the need to adapt and/or
                                                                                                            when they are fatigued, intoxicated,
                                                  seating position or even to any occupant                                                                          replace requirements in the FMVSS
                                                                                                            speeding, unbelted, or distracted. To the
                                                  at all. In addition, some requirements                                                                            include the replacing of analog
                                                                                                            extent that ADSs are able to support and
                                                  may serve a safety purpose in vehicles                                                                            dashboards by digital ones,5 the
                                                  that carry human occupants, but not in                       2 Lidar (light detection and ranging) is a type of
                                                                                                                                                                    replacing of mechanical control systems
                                                  vehicles that will not carry any                          sensor that continually fires beams of laser light,     by electronic ones 6 and then by
                                                  occupants.                                                and then measures how long it takes for the light       wireless ones, and the first production
                                                                                                            to return to the sensor. The measurements are used      of electric vehicles in appreciable
                                                     To these ends, NHTSA is soliciting                     to create three-dimensional images of a vehicle’s
                                                                                                                                                                    numbers.7
                                                  public comments on (1) the barriers                       surroundings, everything from cars to cyclists to
                                                                                                            pedestrians to fixed objects like poles and trees, in      The existing FMVSS can be found in
                                                  identified thus far, (2) any as of yet
                                                                                                            a variety of environments and under a variety of        the Code of Federal Regulations at 49
                                                  unidentified, barriers, (3) whether the                   lighting conditions.                                    CFR part 571. NHTSA has over 60
                                                  requirements or test procedures creating                     3 U.S. Department of Transportation, Automated
                                                                                                                                                                    FMVSS today.
                                                  those barriers should be modified to                      Driving Systems—A Vision for Safety, 2017, p.
                                                                                                                                                                       The FMVSS specify minimum
                                                  eliminate the testing difficulties or                     i–11 (https://www.nhtsa.gov/sites/nhtsa.dot.gov/
                                                                                                            files/documents/13069a-ads2.0_090617_v9a_               performance requirements and test
                                                  should simply be amended so that the                      tag.pdf; last accessed November 8, 2017).               procedures for brakes, accelerator
                                                  requirements do not apply to vehicles                        4 The National Motor Vehicle Crash Causation
                                                                                                                                                                    controls, electronic stability control,
                                                  without means of manual control, (4)                      Survey (NMVCCS), conducted from 2005 to 2007,           seat belts, airbags, exterior lighting and
                                                  the research that needs to be done to                     was aimed at collecting on-scene information about
                                                                                                                                                                    interior warning telltales that illuminate
                                                                                                            the events and associated factors leading up to
                                                  determine how to remove some of the                       crashes involving light vehicles. Several facets of     to alert the driver when there is a
                                                  barriers; (5) and how to prioritize this                  crash occurrence were investigated during data          vehicle malfunction, and for other
                                                  research and any follow-on rulemaking                     collection, namely the pre-crash movement, critical     equipment. Manufacturers are
                                                  proceedings.                                              pre-crash event, critical reason, and the associated
                                                                                                            factors. A weighted sample of 5,470 crashes was         prohibited from selling vehicles and
                                                     This input will help NHTSA to plan                     investigated over a period of two and a half years,     vehicle equipment unless they comply
                                                  and undertake more comprehensive and                      which represents an estimated 2,189,000 crashes         with all applicable FMVSS and their
                                                  strategic efforts to remove barriers and                  nationwide. About 4,031,000 vehicles, 3,945,000         compliance has been self-certified by
                                                                                                            drivers, and 1,982,000 passengers were estimated to
                                                  to develop a stronger, more                               have been involved in these crashes. The critical       their manufacturer.8
                                                  collaborative research plan that will                     reason, which is the last event in the crash causal        Almost all of NHTSA’s FMVSS were
                                                  complement research by the motor                          chain, was assigned to the driver in 94 percent         developed and established well before
                                                                                                            (±2.2%)† of the crashes. In about 2 percent (±0.7%)     vehicles with ADSs became a
                                                  vehicle industry and other stakeholders.                  of the crashes, the critical reason was assigned to
                                                  This will enable the Agency to use its                    a vehicle component’s failure or degradation, and       practicable possibility. As a result, the
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                                                  resources as efficiently as possible in                   in 2 percent (±1.3%) of crashes, it was attributed to   performance requirements and test
                                                  moving toward eliminating potential                       the environment (slick roads, weather, etc.). Among     procedures in many of the FMVSS are
                                                                                                            an estimated 2,046,000 drivers who were assigned        based on the assumption that the driver
                                                  regulatory barriers to innovation.                        critical reasons, recognition errors accounted for
                                                                                                            about 41 percent (±2.1%), decision errors 33
                                                                                                                                                                      5 70 FR 48295 (August 17, 2005).
                                                    1 As defined in FMVSS No. 101, Control and              percent (±3.7%), and performance errors 11 percent
                                                                                                                                                                      6 60 FR 62061 (December 4, 1995).
                                                  Displays, ‘‘telltale means an optical signal that,        (±2.7%) of the crashes.
                                                                                                                                                                      7 See, e.g., 59 FR 11004 (March 9, 1994) and 59
                                                  when illuminated, indicates the actuation of a               A fact sheet containing more detail can be found
                                                  device, a correct or improper functioning or              at https://crashstats.nhtsa.dot.gov/Api/Public/         FR 49901 (September 30, 1994).
                                                  condition, or a failure to function.’’                    ViewPublication/812115.                                   8 49 U.S.C. 30112(a)(1).




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                                                                         Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules                                                     2609

                                                  will be human, will sit in the vehicle’s                steering machine that depends on a                     even compliance difficulties.9 Similar
                                                  left front seat to drive (in left-hand drive            vehicle’s steering wheel to steer vehicles             problems might be encountered by
                                                  vehicles), and will need certain controls               when they are tested for compliance. If                vehicles with ADSs equipped with
                                                  to be accessible and telltales and other                a vehicle with ADS is not equipped                     retractable manual driving controls.
                                                  displays to be viewable in order to do                  with a steering wheel because the ADS
                                                                                                                                                                   Thus, it is not the inclusion of an ADS
                                                  the driving. A further and even more                    will do all of the driving, the agency
                                                                                                                                                                 in a new vehicle that complicates
                                                  basic assumption is that there will be at               would need to determine how to amend
                                                                                                                                                                 testing and certifying the compliance of
                                                  least one occupant in each vehicle. In                  the standard to enable the agency to
                                                  the case of ADS delivery vehicles                       conduct stability control testing and                  the vehicle to the existing FMVSS.
                                                  without manual driving controls, this                   maintain the current level of                          Testing and certifying compliance
                                                  assumption may prove incorrect. If,                     effectiveness.                                         potentially becomes complicated only if
                                                  instead, a vehicle is designed so that                     • Some vehicles with ADSs may have                  a manufacturer wishes to go a step
                                                  only an ADS can drive it and vehicle                    unique seating configurations that may                 further and design a vehicle with ADS
                                                  designers modify the passenger                          make it impossible for existing crash                  but without a steering wheel, brake
                                                  compartment to take advantage of the                    protection requirements, test procedures               pedal and accelerator pedal or with
                                                  flexibility afforded them if a human                    and test devices (e.g., anthropomorphic                novel configurations or orientations for
                                                  driver is not needed, then many of those                dummies) to evaluate adequately the                    certain vehicle systems. As noted above,
                                                  assumptions will likely be invalid for                  level of crashworthiness protection                    this problem arises because the FMVSS,
                                                  that vehicle, and some may be actually                  provided.                                              as currently written, are premised on
                                                  problematic from a testing perspective.                    • There may be other existing                       the presence of means of manual control
                                                     NHTSA has set out below some                         performance requirements and test                      and on conventional seating
                                                  illustrative examples of potential                      procedures that would fail to                          configurations and orientations.
                                                  problems with the existing FMVSS. The                   accommodate unconventional designs.
                                                                                                          If there are, the Agency will need to                    Although the Agency may have a
                                                  Agency requests commenters to identify
                                                                                                          identify them and determine how the                    degree of flexibility in interpreting some
                                                  other potential problems.
                                                     • If the FMVSS can no longer specify                 Agency should amend them in ways                       of its existing FMVSS to accommodate
                                                  where controls and displays are located                 maintain the current level of                          innovative interior designs, in most
                                                  by requiring them to be visible to or                   effectiveness.                                         instances, it will be necessary to amend
                                                  within the reach of a person sitting in                    • There may be some safety attributes               the FMVSS. The FMVSS and the
                                                  the driver’s seat, then it is unclear for               or testing procedures that will no longer              rulemaking process through which they
                                                  which person or persons in which                        have sufficient value in a vehicle whose               are established and amended are subject
                                                  seating position or positions must they                 usage is anticipated to be predominantly               to the Administrative Procedure Act,10
                                                  be visible to or within the reach of or                 automated, but still retains manual                    the National Traffic and Motor Vehicle
                                                  even if they are necessary at all.                      driving controls.                                      Safety Act (Vehicle Safety Act),11 other
                                                     • After the barriers to determining                     The Agency wishes to address these                  statutes, and various Executive Orders
                                                  compliance are removed from the                         issues (and many others) in the coming                 and guidance documents from the
                                                  FMVSS, the Agency will turn to other                    months and years. We anticipate doing                  Office of Management and Budget.
                                                  closely related questions such as                       so publicly, seeking all available                     Together, they ensure the FMVSS meet
                                                  whether there is a continued need for                   research and public input to help us                   the requirements and goals set by
                                                  certain current performance                             adapt the FMVSS and possibly adopt                     Congress and are adopted only after
                                                  requirements in the FMVSS. For                          other measures that are well-calibrated                sufficient opportunities for public
                                                  example, among the questions that the                   to promote innovation, respond to                      participation and careful consideration
                                                  agency would need to address are:                       changing circumstances and address                     and analysis of available information
                                                  Would occupants still need warning                      emerging technologies while                            and public comments. Under the
                                                  telltales and other displays to be                      maintaining safety.                                    Vehicle Safety Act, moreover, the
                                                  viewable if they did not have any means                    We want to emphasize, in an attempt
                                                                                                                                                                 FMVSS need to be ‘‘objective,
                                                  of driving their vehicles? Could there be               to ensure that there is not any
                                                                                                                                                                 practicable, and meet the need for
                                                  any risk of adverse safety consequences                 misunderstanding about the source and
                                                                                                          nature of the barriers or about the                    safety’’ when initially issued and must
                                                  if some or all of those warnings and
                                                                                                          vehicles affected by those barriers, that              remain so after being amended. If
                                                  messages were not provided to the
                                                                                                          the FMVSS (or any other kind of legally-               NHTSA revises a test procedure in an
                                                  occupants of those vehicles either before
                                                                                                          binding standards) do not have any                     FMVSS to accommodate an innovative
                                                  or during trips? If a vehicle, such as an
                                                  ADS delivery vehicle without manual                     provisions designed to address the self-               new vehicle design, it must make sure
                                                  driving controls, were unlikely to be                   driving capability of a motor vehicle.                 that the FMVSS continues to be
                                                  occupied during trips, would there be                   Further, nothing in the existing FMVSS                 objective and practicable and meet the
                                                  any safety need for warning telltales and               prohibit ADS. Likewise, nothing in                     need for safety. Accomplishing this goal
                                                  other displays to be viewable?                          those standards poses testing or                       will, in a number of instances, require
                                                     • If future vehicles with ADSs lack                  certification challenges for vehicles with             research to develop revised test
                                                  any means of human control, it is                       ADSs so long as the vehicles have                      procedures and performance criteria.
                                                  unclear how the Agency and the                          means of manual control and                            Defining the needed research and
                                                  manufacturers can conduct compliance                    conventional seating.                                  establishing priorities in conducting it is
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                                                  tests (such as those for stopping                          If, however, manufacturers design                   the subject of this RFC.
                                                  distance) that are currently performed                  vehicles with ADSs not only lack
                                                  by human test drivers performing                        manual driving controls, but also have                    9 See, e.g., May 6, 1986 letter to Paul Utans

                                                  prescribed driving maneuvers on test                    unconventional, flexible seating, i.e.,                regarding a Subaru with two adjustment positions
                                                                                                                                                                 for suspension—a high one and a low one. In it,
                                                  tracks.                                                 seats that slide and/or rotate, then under             NHTSA stated that it reserves the right to activate
                                                     • FMVSS No. 126, Electronic stability                the Agency’s line of interpretations                   either mode in conducting compliance tests.
                                                  control systems for light vehicles,                     involving vehicle systems that have                       10 5 U.S.C. 551 et seq.

                                                  specifies the use of an automated                       multiple modes, there may be testing or                   11 49 U.S.C. 30101 et seq.




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                                                  2610                   Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules

                                                  IV. Initial Agency Efforts To Identify                  allowing certification of compliance by a               challenges are precipitated by
                                                  Testing, Certification and Compliance                   vehicle manufacturer, NHTSA must first                  alternative vehicle designs, such as ones
                                                  Verification Issues                                     have a test procedure or other means of                 lacking manual driving controls.
                                                                                                          verifying such compliance.
                                                     NHTSA began the process of                                                                                   NHTSA’s initial research focuses
                                                  evaluating existing FMVSS for potential                    Volpe completed its review of the                    primarily on the FMVSS compliance
                                                  barriers in 2015. In August of that year,               FMVSS before NHTSA sent its February                    test procedures, but will also explore
                                                  NHTSA contracted with DOT’s Volpe                       4 letter to Google and thus did not                     options for telltales, visual and auditory
                                                  Center to conduct a review of the                       consider that letter in conducting its                  displays and controls and other
                                                  FMVSS and issue a report identifying                    review. The report on the results of the                innovative new vehicle design
                                                  the standards that pose potential                       review was published one month later                    challenges that may not have been
                                                  barriers to the introduction of vehicles                in March 2016.13 (To read the executive                 identified in the original Volpe report.
                                                  with ADSs and with unconventional                       summary of the report and a list of the                 NHTSA has contracted with the Virginia
                                                  interior designs.                                       FMVSS identified in the report, please                  Tech Transportation Institute to perform
                                                     While that review was underway,                      see the appendix at the end of this                     this research. This is a multidisciplinary
                                                  Google submitted a letter, dated                        document.) In that report, Volpe                        project to develop technical translations
                                                  November 12, 2015, requesting an                        described the two reviews that it                       to existing FMVSS and related testing
                                                  interpretation regarding the application                conducted of the FMVSS: A driver                        procedure approaches for emerging
                                                  of certain FMVSS to vehicles with                       reference scan to identify which                        innovative and non-traditional vehicle
                                                  ADSs. In describing its ADS vehicle,                    standards include an explicit or implicit               designs. The project is being conducted
                                                  Google indicated its intent to design the               reference to a human driver and a                       by a core team comprising FMVSS
                                                  vehicle so that it does not include                     driving automation concepts scan to                     experts; industry team members General
                                                  conventional manual driving controls,                   identify which standards could pose a                   Motors and Nissan; testing facilities
                                                  including a steering wheel, accelerator,                challenge for a wide range of driving                   Dynamic Research, Inc., and MGA
                                                  or brake pedal. NHTSA responded to                      automation capabilities and concepts.                   Research Corporation; and research
                                                  that letter on February 4, 2016.12                      The review revealed that there are few                  institutions Booz Allen Hamilton and
                                                     In its letter, NHTSA took the position               barriers for a vehicle with ADS to                      the Southwest Research Institute in
                                                  that a motor vehicle’s ‘‘self-driving                   comply with the FMVSS, so long as the                   concert with stakeholder and peer
                                                  system’’ (SDS) could be regarded as the                 vehicle does not significantly diverge                  review groups. The research will review
                                                  driver or that the left front seating                   from a conventional vehicle design.                     and identify alternative new vehicle
                                                  position could be regarded as the                       Two standards, FMVSS 114 for theft                      designs, develop candidate alternative
                                                  driver’s position in a variety of                       protection and rollaway prevention and                  approaches, and establish an evaluation
                                                  standards referencing the ‘‘driver’’ or                 FMVSS 135 for light vehicle brake                       process as well as associated tools in
                                                  ‘‘driver’s seating position.’’                          systems, were identified as having                      close collaboration with critical
                                                     The response then addressed the                      potential issues for vehicles with an                   stakeholders. This research project
                                                  question of whether and how Google                      ADS and with conventional designs.14                    started at the beginning of FY2018 and
                                                  could certify that the SDS meets a                         In addition, NHTSA subject matter                    is expected to develop robust alternative
                                                  standard developed and designed to                      experts have identified specific                        approaches within the next 12 months
                                                  apply to a vehicle with a human driver.                 requirements and test procedure                         to demonstrate compliance with many
                                                  NHTSA said that in order for it to                      limitations. NHTSA is initiating new                    of the identified FMVSS whose existing
                                                  interpret a standard as allowing                        research on the assessment and                          test procedures present challenges. The
                                                  certification of compliance by a vehicle                evaluation of, and solutions to, the                    results of this research will be made
                                                  manufacturer, NHTSA must first have a                   preliminary challenges identified in the                public after the completion of the
                                                  suitable test procedure or other means                  Volpe report to the testing, compliance                 project.
                                                  of verifying such compliance. That is,                  verification and self-certification of
                                                                                                          vehicles with ADSs. Most of these                       V. Requests for Comment
                                                  NHTSA said that if a FMVSS lacks a test
                                                  procedure that is suitable for the                                                                                 To help guide NHTSA’s research to
                                                                                                             13 Kim, Anita, David Perlman, Dan Bogard, and
                                                  Agency’s use in verifying a                                                                                     address testing and self-certification
                                                                                                          Ryan Harrington. ‘‘Review of Federal Motor Vehicle
                                                  manufacturer’s certification of the                     Safety Standards (FMVSS) for Automated
                                                                                                                                                                  issues, we seek comments on the topics
                                                  compliance of some of its vehicles with                 Vehicles,’’ Preliminary Report—March 2016. U.S.         below. The Agency urges that, where
                                                  a FMVSS, the manufacturer cannot                        DOT Volpe Center, Cambridge, MA. Available at           possible, comments be supported by
                                                                                                          https://rosap.ntl.bts.gov/view/dot/12260. For a         data and analysis to increase their
                                                  validly certify the compliance of those                 specific listing of potential barriers, see Appendix
                                                  vehicles with the standard. As NHTSA                    B of that report, pp. 26 et seq.
                                                                                                                                                                  usefulness. Please clearly indicate the
                                                  further explained in the letter,                           14 Ibid, pp. 9–10. FMVSS 114 presents several        source of such data.
                                                                                                          issues. One is whether, for the purposes of             A. Barriers to Testing, Certification and
                                                    The critical point of NHTSA’s responses               satisfying the requirement an automatic
                                                  for many of the requested interpretations is            transmission ‘‘vehicle must be designed such that       Compliance Verification
                                                  that defining the driver as the SDS (or the             the transmission or gear selection control cannot         1. What are the different categories of
                                                  driver’s position as the left front position)           move from the ‘‘park’’ position, unless the key is
                                                  does not end the inquiry or determine the               in the starting system,’’ an electronic code            barriers that the FMVSS potentially
                                                  result. Once the SDS is deemed to be the                transmitted from a smartphone application to a          create to the testing, certification and
                                                  driver for purposes of a particular standard            vehicle can be interpreted as being a key. The report   compliance verification of a new ADS
                                                                                                          notes that NHTSA has historically interpreted the       vehicle lacking manual driving
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  or test, the next question is whether and how
                                                  Google could certify that the SDS meets a               electronic code transmitted by a wireless
                                                                                                          transponder directly to a vehicle as a key for the      controls? Examples of barrier categories
                                                  standard developed and designed to apply to                                                                     include the following:
                                                                                                          purposes of FMVSS 114. Although the report notes
                                                  a vehicle with a human driver. Related, in              the existence of a technological difference in these      a. Test procedures that cannot be
                                                  order for NHTSA to interpret a standard as              two different methods of transmitting an electronic     conducted for vehicles with ADSs and
                                                                                                          code to a vehicle, it does not suggest why that
                                                    12 Available at https://isearch.nhtsa.gov/files/      difference should lead to a different conclusion by
                                                                                                                                                                  with innovative interior designs; and
                                                  Google%20--%20-compiled%20response%20                   the Agency.                                               b. performance requirements that may
                                                  to%2012%20Nov%20%2015%20interp%20                          FMVSS 135 requires that the service brakes ‘‘shall   serve a reduced safety purpose or even
                                                  request%20--%204%20Feb%2016%20final.htm.                be activated by means of a foot control’’.              no safety purpose at all for a vehicle


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                                                                         Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules                                                    2611

                                                  with ADS and thus potentially impose                    please identify the specific CFR citation                  12. A variety of FMVSS require safety-
                                                  more cost and more restrictions on                      and explain why they need to be                         related dashboard telltales and other
                                                  design than are warranted.                              changed.                                                displays, if provided, to be visible to a
                                                     As noted earlier in this document, the                  8. Many FMVSS contain test                           human driver and controls to be within
                                                  first of the above categories is the                    procedures that are based on the                        reach of that driver. Generally speaking,
                                                  primary focus of this document.                         assumed presence of a human driver,                     is there a safety need for the telltales
                                                  However, the Agency seeks comments                      and will therefore likely need to be                    and other displays in Table 1 and 2 of
                                                  on both categories of barriers. If you                  amended to accommodate vehicles that                    FMVSS 101 to be visible to any of the
                                                  believe that there are still other barrier              cannot be driven by humans. Other                       occupants in vehicles without manual
                                                  categories, please identify them.                       FMVSS test procedures may seem,                         driving controls? 16 Commenters are
                                                     2. NHTSA requests comments on the                    based on a plain reading of their                       requested to provide their own list of
                                                  statement made in NHTSA’s February                      language, to accommodate vehicles that                  the telltales and other displays they
                                                  2016 letter of interpretation to Google,                cannot be driven by humans, but it may                  believe are most relevant to meeting any
                                                  that if a FMVSS lacks a test procedure                  nevertheless be unclear how NHTSA (or                   potential safety need in those vehicles.
                                                  that is suitable for the Agency’s use in                a manufacturer attempting to self-certify               For each item on that list, please answer
                                                  verifying a manufacturer’s certification                to the test) would instruct the vehicle to              the following questions:
                                                  of compliance with a provision in that                  perform the test as written.                               a. Should the telltale or other display
                                                  FMVSS, the manufacturer cannot                             a. Do commenters believe that these                  be required to be visible to one or more
                                                  validly certify the compliance of its                   procedures should apply to a vehicle                    vehicle occupants in vehicles without
                                                  vehicles with that provision. Do                        that cannot be driven by a human? If so,                manual driving controls?
                                                  commenters agree that each of the                       why? If there are data to support this                     b. If there is a need for continued
                                                  standards identified in the letter as                   positon, please provide it.                             visibility, to the occupant(s) of which
                                                  needing to be amended before                               b. If not, can NHTSA test in some                    seating position(s) should the telltale or
                                                  manufacturers can certify compliance                    other manner? Please identify the                       other display be visible?
                                                  with it must be amended in order to                     alternative manner and explain why it                      c. Does the answer to the question
                                                  permit certification? Why or why not? If                would be appropriate.                                   about the continued need for a telltale
                                                  there are other solutions, please                          9. What research would be necessary
                                                                                                                                                                  or other display to be visible to the
                                                  describe them.                                          to determine how to instruct a vehicle
                                                                                                                                                                  occupant of a vehicle without manual
                                                     3. Do you agree (or disagree) that the               with ADS but without manual means of
                                                                                                                                                                  driving controls change if a
                                                  FMVSS provisions identified in the                      control to follow a driving test
                                                                                                                                                                  manufacturer equips the vehicle with a
                                                  Volpe report or Google letter as posing                 procedure? Is it possible to develop a
                                                                                                                                                                  device like an ‘‘emergency stop button’’?
                                                  barriers to testing and certification are,              single approach to inputting these
                                                                                                                                                                  Why or why not?
                                                  in fact, barriers? Please explain why.                  ‘‘instructions’’ in a manner applicable to
                                                                                                                                                                     d. Would the informational safety
                                                     4. Do commenters think there are                     all vehicle designs and all FMVSS, or
                                                                                                                                                                  needs of the occupants of vehicles with
                                                  FMVSS provisions that pose barriers to                  will the approach need to vary, and if
                                                                                                                                                                  ADSs differ according to whether the
                                                  testing and certification of innovative                 so, why and how? If commenters believe
                                                                                                          there is a risk of gaming,15 what would                 vehicle has a full set of manual driving
                                                  new vehicle designs, but were not
                                                                                                          that risk be and how could it be reduced                controls, just an emergency stop button
                                                  covered in the Volpe report or Google
                                                                                                          or prevented?                                           or no controls whatsoever?
                                                  letter? If so, what are they, how do they                                                                          e. Conversely, if a vehicle is designed
                                                  pose barriers, and how do you believe                      10. In lieu of the approaches
                                                                                                          suggested in questions 8 and 9, is there                such that it can be driven only by an
                                                  NHTSA should consider addressing                                                                                ADS, does the ADS need to be provided
                                                  them?                                                   an alternative means of demonstrating
                                                                                                          equivalent level of safety that is reliable,            with some or all of the same information
                                                     5. Are there ways to solve the
                                                                                                          objective and practicable?                              currently required to be provided for a
                                                  problems that may be posed by any of
                                                                                                             11. For FMVSS that include test                      human driver? For example, does the
                                                  these FMVSS provisions without
                                                                                                          procedures that assume a human driver                   ADS need to know if the tires are
                                                  conducting additional research? If so,
                                                                                                          is seated in a certain seating position                 underinflated? Why or why not?
                                                  what are they and why do you believe
                                                                                                          (for example, procedures that assess                       f. If commenters believe that it would
                                                  that no further research is necessary?
                                                                                                          whether a rearview mirror provides an                   enhance safety if a vehicle’s ADS were
                                                  For example, can some apparent
                                                                                                          image in the correct location), should                  required to receive information similar
                                                  problems be solved through
                                                                                                          NHTSA simply amend the FMVSS to                         to some or all of that currently required
                                                  interpretation? If so, which ones?
                                                     6. Similarly, are there ways to solve                require, for instance, that ‘‘driver’s seat’’           to be provided to human drivers by
                                                  the problems that may be posed by any                   requirements apply to any front seating                 telltales and other displays, what
                                                  of these FMVSS provisions without                       position? If so, please explain why. If                 research needs to be conducted to
                                                  rulemaking? For example, can some                       not, what research would need to be                     develop the kinds of objective and
                                                  apparent problems be solved through                     conducted to determine how NHTSA                        practicable performance requirements or
                                                  interpretation without either additional                should amend those requirements?                        test procedures that would enable
                                                  research or through rulemaking? If so,                                                                          manufacturers and the Agency to
                                                  which ones?
                                                                                                            15 For example, if vehicles with ADSs were tested     evaluate whether that information was
                                                     7. In contrast, if a commenter believes
                                                                                                          by instructing them to follow a fixed path through      provided to and understood by the
                                                                                                          a maze of streets simulating a series of adjacent       ADS?
                                                  that legislation might be necessary to
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                                                                                                          urban or suburban blocks and if, along that path,
                                                  enable NHTSA to remove a barrier                        the vehicles encountered surrogate vehicles,               13. If NHTSA is going to conduct
                                                  identified by the commenter, please                     cyclists and pedestrians at fixed time intervals and    research to determine whether there is
                                                                                                          in fixed locations, it might be possible for the        any safety need for the occupants of
                                                  explain why and please identify the                     vehicles to avoid any collisions if the vehicles were
                                                  specific existing law that the commenter                programmed to stop in those locations at the
                                                                                                                                                                  fully-self-driving vehicles to continue to
                                                  thinks should be changed and describe                   scheduled time intervals in lieu of the vehicles’
                                                                                                          actually relying on their sensors to detect the           16 Examples of such displays are the malfunction
                                                  how it should be changed. If there are                  surrogates and on their algorithms to manage            displays for systems like Antilock Braking System
                                                  associated regulations that the                         braking and steering in such a way as to avoid any      (ABS), Electronic Stability Control (ESC), Tire
                                                  commenter believes should be changed,                   collisions.                                             Pressure Monitoring System (TPMS), air bags, etc.



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                                                  2612                   Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules

                                                  have any access to any of the nondriving                vehicle’s willingness to cede priority of              regulator, be the more appropriate party
                                                  controls (e.g., controls for windshield                 movement to any of those people. If                    to conduct research needed to
                                                  washer/wiper system, turn signals and                   research is needed to eliminate the                    determine what performance threshold
                                                  lights) in a vehicle without manual                     barriers in an appropriate way, please                 to require vehicles to meet with respect
                                                  driving controls, what should that                      describe the research and explain why                  to that metric? Why or why not?
                                                  research include and how should                         it is needed. Are there other lighting                    d. What research have industry,
                                                  NHTSA conduct it?                                       issues that should be considered? For                  research organizations, and other
                                                     a. If there is a safety need for the                 example, what lighting will be needed                  stakeholders done related to barriers to
                                                  occupants of fully-self-driving vehicles                to ensure the proper functioning of the                testing and certification? What research
                                                  to have access to any of the existing                   different types of vehicle sensors,                    are they planning to do? With respect to
                                                  vehicle non-driving controls, please                    especially cameras whose functions                     research planned, but not yet
                                                  identify those controls and explain the                 include reading traffic control signs?                 completed, please identify the research
                                                  safety need.                                               16. If occupants of vehicles with                   and state the starting and end dates for
                                                     b. Do commenters believe that                        ADSs, especially those without manual                  that research.
                                                  research should be conducted to                         driving controls, are less likely to sit in               e. How can NHTSA, industry, states,
                                                  determine whether any additional                        what is now called the driver’s seating                research organizations, and other
                                                  controls (such as an emergency stop                     position or are less likely to sit in seats            stakeholders work together to ensure
                                                  button) might be necessary for safety or                that are facing forward, how should                    that, if the research on these issues were
                                                  public acceptance if manual driving                     these factors affect existing                          eventually to lead to rulemaking, it is
                                                  controls are removed from fully-self-                   requirements for crashworthiness safety                done with the rigor and thoroughness
                                                  driving vehicles? Why or why not, and                   features?                                              that NHTSA would need to meet its
                                                  what is the basis for your belief?                         17. If vehicles with ADSs have                      statutory obligations, regardless of who
                                                     c. If NHTSA is going to conduct                      emergency controls that can be accessed                performs it (e.g., done in a manner that
                                                  research to determine whether there is                  through unconventional means, such as                  enables the Agency to ensure that the
                                                  any safety need for the occupants of                    a smart phone or multi-purpose display                 FMVSS continue to be objective and
                                                  fully-self-driving vehicles to continue to              and have unconventional interiors, how                 practicable and continue to meet the
                                                  be able to control exterior lighting like               should the Agency address those
                                                  turn signals and headlamp beam                                                                                 need for safety)?
                                                                                                          controls?                                                 20. For the issues identified above or
                                                  switching devices, what should that                        18. Are there any specific regulatory
                                                  research include and how should                                                                                by commenters, which merit the most
                                                                                                          barriers related to small businesses that              attention? How should the agency
                                                  NHTSA conduct it? Separately, if                        NHTSA should consider, specifically
                                                  NHTSA is going to conduct research on                                                                          prioritize its research and any follow-on
                                                                                                          those that may help facilitate small                   rulemakings to remove the barriers to
                                                  what exterior lighting continues to be                  business participation in this emerging
                                                  needed for safety when a human is not                                                                          testing and certification?
                                                                                                          technology?                                               21. Correcting barriers associated with
                                                  driving, what should that research
                                                  include and how should NHTSA                            B. Research Needed To Address Those                    the track testing of motor vehicles will
                                                  conduct it?                                             Barriers and NHTSA’s Role in                           be particularly challenging. Examples of
                                                     14. If NHTSA is going to conduct                     Conducting it                                          such barriers follow:
                                                  research to determine whether there is                                                                            a. As noted above, FMVSS No. 126
                                                                                                            19. For issues about FMVSS barriers
                                                  a safety need for the occupants of                                                                             specifies the use of an automated
                                                                                                          that NHTSA needs research to resolve,
                                                  vehicles with ADSs but without manual                                                                          steering machine that depends on a
                                                                                                          do commenters believe that there are
                                                  driving controls to be able to see to the                                                                      vehicle’s steering wheel to steer vehicles
                                                                                                          specific items that would be better
                                                  side and behind those vehicles using                                                                           when they are tested for compliance.
                                                                                                          addressed through research by outside
                                                  mirrors or cameras, what should that                                                                           NHTSA will need to determine how to
                                                                                                          stakeholders, such as industry or
                                                  research include and how should                                                                                amend the standard to enable the
                                                                                                          research organizations, instead of by
                                                  NHTSA conduct it? Separately, if                                                                               agency to conduct stability control
                                                                                                          NHTSA itself?
                                                  NHTSA is going to conduct research to                     a. Which issues is industry better                   testing in vehicles that lack a steering
                                                  determine how NHTSA would test the                      equipped to undertake on its own, and                  wheel. Further, if NHTSA is going to
                                                  ability of a vehicle’s ADS’ to ‘‘see’’                  why? Which issues are research                         conduct research to consider how to
                                                  around and behind the vehicle as well                   organizations or other stakeholders                    change the ‘‘sine with dwell’’ test
                                                  as (or better than) a human driver                      better equipped to undertake on their                  procedure for FMVSS No. 126, so that
                                                  would, what should that research                        own, and why?                                          steering wheel angle need not be
                                                  include and how should NHTSA                              b. What research is needed to                        measured at the steering wheel in
                                                  conduct it?                                             determine which types of safety                        determining compliance with the
                                                     15. Do the FMVSS create testing and                  performance metrics 17 should be used                  standard, what should that research
                                                  certification issues for vehicles with                  to evaluate a particular safety capability             include and how should NHTSA
                                                  ADSs other than those discussed above?                  and to develop a test procedure for                    conduct it?
                                                  If so, which FMVSS do so and why do                     evaluating how well a vehicle performs                    b. If NHTSA is going to conduct
                                                  you believe they present such issues?                   in terms of those metrics?                             research to develop a performance test
                                                  For example, FMVSS No. 108, ‘‘Lamps,                      c. Which questions is NHTSA better                   to verify how a vehicle is activating its
                                                  reflective devices, and associated                                                                             service brakes, what should that
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                                                                                                          equipped to undertake and why? For
                                                  equipment,’’ could potentially pose                     example, would NHTSA, as the                           research include and how should
                                                  obstacles to certifying the compliance of                                                                      NHTSA conduct it? If NHTSA is going
                                                  a vehicle that uses exterior lighting and                  17 The purpose of formulating safety performance    to conduct research to determine
                                                  messaging, through words or symbols,                    metrics for motor vehicles is to facilitate the        whether there continues to be a safety
                                                  to communicate to nearby pedestrians,                   quantitative assessment of their capabilities. An      need to maintain a human-operable
                                                                                                          example of a crash avoidance performance metric
                                                  cyclists and motorists, such as at a 4-                 is the ability of a vehicle with ADS to sense and
                                                                                                                                                                 service brake, what should that research
                                                  way stop intersection, the vehicle’s                    avoid colliding with a surrogate pedestrian crossing   include and how should NHTSA
                                                  awareness of their presence and the                     a street on a test course.                             conduct it?


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                                                                         Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules                                                2613

                                                    22. Are there industry standards,                     information regulation (49 CFR part                    could introduce ambiguity into the
                                                  existing or in development, that may be                 512).                                                  interpretation of existing standards. The
                                                  suitable for incorporation by reference                                                                        review team’s approach was meant to be as
                                                                                                          Will NHTSA consider late comments?                     inclusive as possible, with the intent to
                                                  by NHTSA in accordance with the
                                                                                                            NHTSA will consider all comments                     identify standards that would require further
                                                  standards provisions of the National                                                                           review or discussion.
                                                  Technology Transfer and Advancement                     received before the close of business on
                                                                                                                                                                    • This is a preliminary report summarizing
                                                  Act of 1995 and Office of Management                    the comment closing date indicated
                                                                                                                                                                 the review of FMVSS and includes a
                                                  and Budget Circular A–119, ‘‘Federal                    above under DATES. To the extent                       discussion on approach, findings, and
                                                  Participation in the Development and                    possible, NHTSA will also consider                     analysis. As a preliminary review, the
                                                  Use of Voluntary Consensus Standards                    comments received after that date.                     contents of this report reflect the results of
                                                  and Conformity Assessment Activities?’’                 How can I read the comments submitted                  an initial analysis and may be modified
                                                                                                                                                                 based on stakeholder input and future
                                                  VI. Public Participation                                by other people?                                       discussion.
                                                  How do I prepare and submit                                You may read the comments received                     • The Volpe team conducted two reviews
                                                  comments?                                               at the address given above under                       of the FMVSS: a driver reference scan to
                                                                                                          ADDRESSES. The hours of the docket are                 identify which standards include an explicit
                                                     Your comments must be written and                    indicated above in the same location.                  or implicit reference to a human driver and
                                                  in English. To ensure that your                         You may also read the comments on the                  an automated vehicle concepts scan to
                                                  comments are filed in the correct                                                                              identify which standards could pose a
                                                                                                          internet, identified by the docket
                                                                                                                                                                 challenge for a wide range of automated
                                                  docket, please include the docket                       number at the heading of this notice, at               vehicle capabilities and concepts.
                                                  number of this document in your                         http://www.regulations.gov.                               Æ The driver reference scan revealed
                                                  comments.                                                  Please note that, even after the                    references in numerous standards to a driver
                                                     Your comments must not be more                       comment closing date, NHTSA will                       (defined in § 571.3 as ‘‘. . . the occupant of
                                                  than 15 pages long (49 CFR 553.21).                     continue to file relevant information in               the motor vehicle seated immediately behind
                                                  NHTSA established this limit to                         the docket as it becomes available.                    the steering control system’’), a driver’s
                                                  encourage you to write your primary                     Further, some people may submit late                   seating position, or controls and displays that
                                                  comments in a concise fashion.                          comments. Accordingly, NHTSA                           must be visible to or operable by a driver, or
                                                                                                          recommends that you periodically                       actuated by a driver’s hands or feet.
                                                  However, you may attach necessary                                                                                 Æ In order to conduct the automated
                                                  additional documents to your                            check the docket for new material.
                                                                                                                                                                 vehicle concepts scan, the Volpe team
                                                  comments. There is no limit on the                        Authority: 49 U.S.C. 30101 et seq., 49               developed 13 different automated vehicle
                                                  length of the attachments.                              U.S.C. 30182.                                          concepts, ranging from limited levels of
                                                     Please submit one copy (two copies if                  Issued in Washington, DC, on January 10,             automation (and near-term applications) to
                                                  submitting by mail or hand delivery) of                 2018, under authority delegated in 49 CFR              highly-automated, driverless concepts with
                                                  your comments, including the                            part 1.95.                                             innovative vehicle designs. The idea was to
                                                  attachments, to the docket following the                Heidi King,                                            evaluate the FMVSS against these different
                                                                                                                                                                 automated vehicle concepts.
                                                  instructions given above under                          Deputy Administrator.                                     • In summary, the review revealed that
                                                  ADDRESSES. Please note, if you are                                                                             there are few barriers for automated vehicles
                                                  submitting comments electronically as a                 Appendix
                                                                                                                                                                 to comply with FMVSS, as long as the
                                                  PDF (Adobe) file, we ask that the                       1. Executive Summary of the Volpe Report               vehicle does not significantly diverge from a
                                                  documents submitted be scanned using                    Review of Federal Motor Vehicle Safety                 conventional vehicle design. Two standards:
                                                  an Optical Character Recognition (OCR)                  Standards (FMVSS) for Automated Vehicles               theft protection and rollaway prevention
                                                  process, thus allowing NHTSA to search                                                                         (§ 571.114) and light vehicle brake systems
                                                  and copy certain portions of your                       Identifying Potential Barriers and                     (§ 571.135) were identified as having
                                                                                                          Challenges for the Certification of                    potential issues for automated vehicles with
                                                  submissions.
                                                                                                          Automated Vehicles Using Existing FMVSS                conventional designs.
                                                  How do I submit confidential business                   Preliminary Report—March 2016                             • Automated vehicles that begin to push
                                                  information?                                                                                                   the boundaries of conventional design (e.g.,
                                                                                                          Anita Kim, David Perlman, Dan Bogard and               alternative cabin layouts, omission of manual
                                                    If you wish to submit any information                 Ryan Harrington Technology Innovation and              controls) would be constrained by the current
                                                  under a claim of confidentiality, you                   Policy Division                                        FMVSS or may conflict with policy
                                                  must submit three copies of your                           ‘‘• Current Federal Motor Vehicle Safety            objectives of the FMVSS. Many standards, as
                                                  complete submission, including the                      Standards (FMVSS) do not explicitly address            currently written, are based on assumptions
                                                  information you claim to be confidential                automated vehicle technology and often                 of conventional vehicle designs and thus
                                                  business information, to the Office of                  assume the presence of a human driver. As              pose challenges for certain design concepts,
                                                  the Chief Counsel, NHTSA, at the                        a result, existing language may create                 particularly for ‘driverless’ concepts where
                                                                                                          certification challenges for manufacturers of          occupants have no way of driving the vehicle
                                                  address given above under FOR FURTHER
                                                                                                          automated vehicles that choose to pursue               (e.g., § 571.101, controls and displays,
                                                  INFORMATION CONTACT.                                                                                           § 571.111, rear visibility, § 571.208, occupant
                                                                                                          certain vehicle concepts.
                                                    In addition, you may submit a copy                       • The purpose of this work is to identify           crash protection represent a few examples).
                                                  (two copies if submitting by mail or                    instances where the existing FMVSS may                    • Subsequent to the Volpe Center’s review
                                                  hand delivery) from which you have                      pose challenges to the introduction of                 of the FMVSS, but prior to the publication of
                                                  deleted the claimed confidential                        automated vehicles. It identifies standards            this report, NHTSA released interpretations
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                                                  business information, to the docket by                  requiring further review—both to ensure that           to BMW of North America and Google, Inc.
                                                  one of the methods given above under                    existing regulations do not unduly stifle              in response to questions regarding how to
                                                                                                          innovation and to help ensure that automated           interpret certain FMVSS requirements in the
                                                  ADDRESSES. When you send a comment
                                                                                                          vehicles perform their functions safely.               context of automated vehicles. As a result,
                                                  containing information claimed to be                       • The review highlighted standards in the           the review does not reflect this subsequent
                                                  confidential business information, you                  FMVSS that may create certification                    development. The full text of these
                                                  should include a cover letter setting                   challenges for automated vehicle concepts              interpretations are available in NHTSA’s
                                                  forth the information specified in                      with particular characteristics, including             repository of interpretation files at the
                                                  NHTSA’s confidential business                           situations in which those characteristics              website: isearch.nhtsa.gov.’’



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                                                  2614                   Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Proposed Rules

                                                  2. List of Standards Identified in the Volpe              • windshield wipers (571.104),                         • TPMS telltale for low tire pressure to
                                                  Report                                                    • foot-actuated service brake control, brake         warn driver (571.138),
                                                     In the report, the Volpe Center reported 32          system warning indicator, and warning                    • occupant protection in interior impact
                                                  of 63 FMVSS’s that may present certification            device for lining replacements (571.105),              (571.201),
                                                  challenges for certain types of automated                 • turn signal, flasher, headlamp beam                  • door locks and door retention
                                                  vehicles because they contain performance               switch, and upper beam indicator (571.108),            components (571.206),
                                                  specifications, test procedures, or equipment             • tire/rim retention requirement for driver            • a designated seating position for the
                                                  requirements that present potential barriers            (571.110),                                             driver (571.207),
                                                  to the certification of one or more AV                    • requirements for rear visibility for the
                                                  concepts:                                                                                                        • occupant protection and warning system
                                                                                                          driver (571.111),
                                                                                                                                                                 for non-buckled seat belt (571.208),
                                                     1. Conventional Vehicles (with driver                  • key must be in position before moving
                                                  controls) with highly-automated features (2                                                                      • seat belt anchorages (571.210),
                                                                                                          out of park position, and park position
                                                  standards identified).                                  interlock with the service brake (571.114),              • side impact protection (571.214),
                                                     • key must be in position before moving                • powered windows and roof panels                      • windshield zone intrusion (571.219),
                                                  out of park position, and park position                 (571.118),                                               • child restraint anchorage systems
                                                  interlock with the service brake (571.114),                                                                    (571.225),
                                                                                                            • foot-actuated service brake control, low-
                                                     • foot-actuated service brake control, brake                                                                  • readiness monitor for ejection mitigation
                                                  system warning indicator, and warning                   pressure brake system warning indicator, and
                                                                                                          brake adjustment indicators (571.121),                 countermeasures visible to the driver
                                                  device for lining replacements (571.135).
                                                     2. Fully-self-driving vehicles (no driver              • motorcycle brake systems (571.122),                (571.226),
                                                  controls or novel design) (32 standards                   • accelerator pedal must return to neutral             • flammability of interior materials
                                                  identified, some examples listed below).                when released by the driver (571.124),                 (571.302),
                                                     • controls and displays visible to the                 • a steering wheel (a requirement for                  • interior trunk release (571.401),
                                                  driver (571.101),                                       completing tests) and certain controls and               • other equipment may pose barriers to
                                                     • transmission shift position sequence and           displays (571.126),                                    certification.
                                                  interlock (571.102),                                      • foot-actuated service brake control, brake
                                                                                                                                                                 [FR Doc. 2018–00671 Filed 1–17–18; 8:45 am]
                                                     • windshield defrosting and defogging                system warning indicator, and warning
                                                  (571.103),                                              device for lining replacements (571.135),              BILLING CODE 4910–59–P
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Document Created: 2018-01-18 00:42:28
Document Modified: 2018-01-18 00:42:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for comment (RFC).
DatesComments are due no later than March 5, 2018.
ContactFor research issues, John Harding, Intelligent Technologies Research Division, Office of Vehicle Crash Avoidance and Electronic Controls Research, telephone: 202-366-5665, email: [email protected];
FR Citation83 FR 2607 

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