83_FR_42619 83 FR 42456 - Federal Motor Carrier Safety Regulations (FMCSRs) Which May Be a Barrier to the Safe Integration of Automated Driving Systems in Commercial Vehicle Operations; Public Meeting

83 FR 42456 - Federal Motor Carrier Safety Regulations (FMCSRs) Which May Be a Barrier to the Safe Integration of Automated Driving Systems in Commercial Vehicle Operations; Public Meeting

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 163 (August 22, 2018)

Page Range42456-42458
FR Document2018-18127

FMCSA announces a public listening session on Friday, August 24, 2018, to solicit information on issues relating to the design, development, testing, and integration of automated driving systems (ADS) equipped commercial motor vehicles (CMVs) on our Nation's roadways. The listening session is the third in a series held in 2018 with the first occurring on June 19 in Ann Arbor, MI, and the second occurring on July 12 in San Francisco, CA. The meeting will provide interested parties an opportunity to share their views on the FMCSRs as they relate to the development and safe integration of ADS. Attendees are also encouraged to share any data or analysis on this topic with Agency representatives.

Federal Register, Volume 83 Issue 163 (Wednesday, August 22, 2018) 
[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Proposed Rules]
[Pages 42456-42458]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18127]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Chapter III

[Docket No. FMCSA-2018-0037]


Federal Motor Carrier Safety Regulations (FMCSRs) Which May Be a 
Barrier to the Safe Integration of Automated Driving Systems in 
Commercial Vehicle Operations; Public Meeting

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Announcement of public listening session.

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

SUMMARY: FMCSA announces a public listening session on Friday, August 
24, 2018, to solicit information on issues relating to the design, 
development, testing, and integration of automated driving systems 
(ADS) equipped commercial motor vehicles (CMVs) on our Nation's 
roadways. The listening session is the third in a series held in 2018 
with the first occurring on June 19 in Ann Arbor, MI, and the second 
occurring on July 12 in San Francisco, CA. The meeting will provide 
interested parties an opportunity to share their views on the FMCSRs as 
they relate to the development and safe integration of ADS. Attendees 
are also encouraged to share any data or analysis on this topic with 
Agency representatives.

DATES: The meeting will be held on Friday, August 24, 2018, from 1-2:30 
p.m. Central Daylight Time (CDT) at the Great American Trucking Show 
(GATS), Kay Bailey Hutchison Convention Center, 650 S Griffin Street, 
Dallas, TX 75202. If all interested participants have had an 
opportunity to comment, the session may conclude early.

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Advisor 
to the Associate Administrator for Policy, Federal Motor Carrier Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE, Washington, DC 20590, at (202) 385-2395, or via email: 
shannon.watson@dot.gov.

SUPPLEMENTARY INFORMATION: 

Background

    On September 12, 2017, the Department published the Automated

[[Page 42457]]

Driving Systems (ADS): A Vision for Safety 2.0. (Publication No. DOT HS 
812 442) (the Voluntary Guidance). The Voluntary Guidance offers a path 
forward for the safe integration of automated vehicles by:
     Encouraging new entrants and ideas that deliver safer 
vehicles;
     Making the Departmental regulatory processes nimbler to 
help match the pace of private sector innovation; and
     Supporting industry innovation and encouraging open 
communication with the public and with stakeholders.
    The Voluntary Guidance is rooted in the Department's view that ADS-
equipped vehicles hold enormous potential benefits for safety, 
mobility, and the efficiency of our transportation system. The primary 
focus of the Voluntary Guidance is on levels of ADS that can take full 
control of the driving tasks in at least some circumstances. Portions 
of the Voluntary Guidance also apply to lower levels of automation, 
including some of the driver assistance systems already being deployed 
by automakers today. The full document can be found at: https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13069a-ads2.0_090617_v9a_tag.pdf.
    The Voluntary Guidance adopts the SAE International (SAE) J3016 
standard's definitions for levels of automation. The SAE definitions 
divide vehicles into levels based on ``who does what, when.'' 
Generally:
     SAE Level 0, No Driving Automation; the driver performs 
all driving tasks.
     SAE Level 1, Driver Assistance; the vehicle is controlled 
by the driver, but some driving assist features may be included in the 
vehicle design.
     SAE Level 2, Partial Driving Automation; the vehicle has 
combined automated functions, like acceleration and steering, but the 
driver must remain engaged with the driving task and monitor the 
environment at all times.
     SAE Level 3, Conditional Driving Automation; the driver is 
a necessity, but is not required to monitor the environment. The driver 
must be ready to take control of the vehicle at all times with notice.
     SAE Level 4, High Driving Automation; the vehicle is 
capable of performing all driving functions under certain conditions. 
The driver may have the option to control the vehicle.
     SAE Level 5, Full Driving Automation: the vehicle is 
capable of performing all driving functions under all conditions.
    Using the SAE levels described above, the Department draws a 
distinction between Levels 0-2 and 3-5 based on whether the human 
driver or the automated system is primarily responsible for monitoring 
the driving environment. For the purposes of this Federal Register 
notice, the Agency's primary focus is SAE Levels 3-5 ADS.
    FMCSA encourages the development of these advanced safety 
technologies for use on CMVs, and at the same time, recognizes the need 
to work with the States to ensure that, from an operations standpoint, 
all testing and use of these advanced safety systems is conducted in a 
manner that ensures the safe operation of ADS-equipped commercial 
vehicles.
    FMCSA is responsible for the safety oversight of motor carriers 
operating CMVs in interstate commerce, the drivers of CMVs, and the 
vehicles. The Agency works with its State partners to deliver programs 
intended to prevent CMV crashes, and the associated injuries and 
fatalities.
    The FMCSRs provide rules to ensure the safe operation of CMVs, as 
defined in 49 CFR 390.5, which includes vehicles with a gross vehicle 
weight/gross combination weight or gross vehicle weight rating/gross 
combination weight rating, whichever is greater, of 10,001 pounds or 
more; passenger-carrying vehicles designed or used to transport 9 to 15 
passengers for direct compensation; passenger-carrying vehicles 
designed or used to transport 16 or more passengers; and any size 
vehicle transporting hazardous materials in a quantity requiring 
placards.

FMCSA's 2018 Request for Comments

    On March 26, 2018, FMCSA published ``Request for Comments 
Concerning Federal Motor Carrier Safety Regulations (FMCSRs) Which May 
Be a Barrier to the Safe Testing and Deployment of Automated Driving 
Systems-Equipped Commercial Motor Vehicles on Public Roads.'' (83 FR 
12933) The document solicited public comments on existing Federal Motor 
Carrier Safety Regulations (FMCSRs) that may need to be updated, 
modified, or eliminated to facilitate the safe introduction of 
automated driving systems (ADS) equipped commercial motor vehicles 
(CMVs) onto our Nation's roadways. The Agency indicated that it had 
commissioned the U.S. Department of Transportation's John A. Volpe 
National Transportation Systems Center (Volpe) to conduct a preliminary 
review of the FMCSRs to identify regulations that may relate to the 
development and safe introduction of ADS. The Agency requested comments 
on this report, including whether any of FMCSA's current safety 
regulations may hinder the testing and safe integration of ADS-equipped 
CMVs. Further, FMCSA requested comment on certain specific regulatory 
requirements that are likely to be affected by an increased integration 
of ADS-equipped CMVs.
    In addition, to support FMCSA's effort to understand future impacts 
on the FMCSRs, FMCSA requested information, including from companies 
engaged in the design, development, testing, and integration of ADS-
equipped CMVs into the fleet. Specifically, the Agency requested 
information about: (1) The scenarios and environments where entities 
expect that ADS will soon be tested and integrated into CMVs operating 
on public roads or in interstate commerce; (2) the operational design 
domains (ODD) in which these systems are being operated or would be 
tested and eventually deployed; and, (3) measures they believe are 
required to ensure the protection of any proprietary or confidential 
business information they intend to share with the Agency. The comment 
period ended on May 10, 2018. Interested parties may view the comments 
the Agency received at www.regulations.gov (docket number FMCSA-2018-
0037).
    Subsequent to the publication of the March 28 notice, FMCSA and 
other surface transportation agencies have begun planning for the 
initiation of rulemakings concerning ADS technology. The agencies have 
been assigned Regulation Identification Numbers (RINs) for their 
respective Advance Notices of Proposed Rulemakings (ANPRMs). To that 
end, the public listening session is intended to provide FMCSA the 
opportunity to engage stakeholders before the Agency begins drafting 
its ANPRM.

Meeting Participation

    Oral comments from the public will be heard throughout the meeting. 
Members of the public may submit written comments to public docket 
referenced at the beginning of this notice using any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.

[[Page 42458]]

     Fax: 202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Room W12-140, Washington, DC 
20590.
     Hand Delivery: U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, West Building, Room W12-140, Washington, DC, between 
9 a.m. and 5 p.m., E.T. Monday through Friday, except Federal holidays.

    Issued on: August 17, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-18127 Filed 8-21-18; 8:45 am]
 BILLING CODE 4910-EX-P

42456 Proposed Rules Federal Register Vol. 83, No. 163 Wednesday, August 22, 2018 This section of the FEDERAL REGISTER It also may be accessed online via the DEPARTMENT OF TRANSPORTATION contains notices to the public of the proposed Commission’s Electronic Comment issuance of rules and regulations. The Filing System at: http://apps.fcc.gov/ Federal Motor Carrier Safety purpose of these notices is to give interested Administration ecfs/. The Commission will not send a persons an opportunity to participate in the rule making prior to the adoption of the final Congressional Review Act (CRA) submission to Congress or the 49 CFR Chapter III rules. Government Accountability Office [Docket No. FMCSA–2018–0037] pursuant to the CRA, 5.U.S.C. because FEDERAL COMMUNICATIONS no rules are being adopted by the Federal Motor Carrier Safety COMMISSION Commission. Regulations (FMCSRs) Which May Be a Barrier to the Safe Integration of 47 CFR Part 1 Number of Petitions Filed: 54. Automated Driving Systems in [WT Docket No. 17–79; Report No. 3099] Petitions for Reconsideration Commercial Vehicle Operations; Public (Petitions) have been filed in the Meeting Petitions for Reconsideration of Action Commission’s Rulemaking proceeding by Elaine R Unger, Cynthia Baughman, AGENCY: Federal Motor Carrier Safety in Rulemaking Proceeding Administration (FMCSA), DOT. Lisa Cline and Rebecca Carol Smith. AGENCY: Federal Communications ACTION: Announcement of public William Kenny Now, on behalf of Commission. listening session. Friends of Merrymeeting Bay, Mary ACTION: Petitions for reconsideration. Beth Brangan, Laura Allred, Joann Fox, SUMMARY: FMCSA announces a public SUMMARY: The National Association of Chuch Matzker, John M. Unger, Sue listening session on Friday, August 24, Telecommunications Officers and Present, Jacqueline J Shrontz, Sue 2018, to solicit information on issues Advisors (NATOA) requests Present, John Dankowski, Molly P relating to the design, development, reconsideration of the Order’s finding Hauck. Pacia J. Harper, Ronald A. testing, and integration of automated that deployments of small wireless Fisher, Donna Desanto Ott PT, DPT, MS, driving systems (ADS) equipped facilities, as defined in the Order, are FMCHC, Evelyn Savarin, Thomas commercial motor vehicles (CMVs) on not subject to review under the National Maslar, Naveen Albert, Jaclyn and David our Nation’s roadways. The listening Historic Preservation Act (‘‘NHPA’’) and Kramer, Lucy Hackett, Andrew Hackett, session is the third in a series held in the National Environmental Policy Act Sarah Kendall, Allan D. Sikorski, 2018 with the first occurring on June 19 of 1969 (‘‘NEPA’’). PTA–FLA, Inc. Michael Kendall, Gary Swittel, Mary in Ann Arbor, MI, and the second requests that the Commission also Kay Swittel, Leah Spitzer, Susan L. occurring on July 12 in San Francisco, determine that structures between 50 Benson, Daniel Kleiber, Susan B. CA. The meeting will provide interested feet and 199 feet are not subject to parties an opportunity to share their Flemming, Catherine Kleiber, Molly review under NEPA and NHPA. PTA– views on the FMCSRs as they relate to Perkings, Hauck, Debra Albus, Michele FLA also requests changes to the development and safe integration of Commission’s procedures for notifying Hertz, Alexandra Ansell, Cynthia Franklin, Michael Lipa, Rita Lipa, ADS. Attendees are also encouraged to tribal governments of proposed share any data or analysis on this topic structures. Various petitioners seek Victoria Sievers. Kate Kheel, Jonathan Mirin, Susan Riedeman and Pamela J. with Agency representatives. reconsideration of the Order because DATES: The meeting will be held on they assert that small cell facilities must Ericson. Matt Huck, on behalf of Truth &Facts Never Lie, Becky Huck and Friday, August 24, 2018, from 1–2:30 complete review under the NHPA and p.m. Central Daylight Time (CDT) at the NEPA. Olemara Peters. Nancy L. Werner, on behalf of NATOA. Donald J. Evans, on Great American Trucking Show (GATS), DATES: Oppositions to the Petition must Kay Bailey Hutchison Convention be filed on or before September 6, 2018. behalf of PTA–FLA, Inc., and B Golomb. Center, 650 S Griffin Street, Dallas, TX Replies to an opposition must be filed Federal Communications Commission. 75202. If all interested participants have on or before September 17, 2018. Marlene Dortch, had an opportunity to comment, the ADDRESSES: Federal Communications Secretary, Office of the Secretary. session may conclude early. Commission, 445 12th Street SW, [FR Doc. 2018–17299 Filed 8–21–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: Ms. Washington, DC 20554. Shannon L. Watson, Senior Advisor to BILLING CODE 6712–01–P FOR FURTHER INFORMATION CONTACT: the Associate Administrator for Policy, Leon Jackler, Wireless Federal Motor Carrier Safety Telecommunications Bureau, at: (202) Administration, U.S. Department of 418–0946; email: Leon.Jackler@fcc.gov. Transportation, 1200 New Jersey amozie on DSK3GDR082PROD with PROPOSALS1 SUPPLEMENTARY INFORMATION: This is a Avenue SE, Washington, DC 20590, at summary of the Commission’s (202) 385–2395, or via email: document, Report No. 3099, released shannon.watson@dot.gov. July 24, 2018. The full text of the SUPPLEMENTARY INFORMATION: Petitions is available for viewing and copying at the FCC Reference Background Information Center, 445 12th Street SW, On September 12, 2017, the Room CY–A257, Washington, DC 20554. Department published the Automated VerDate Sep<11>2014 16:10 Aug 21, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\22AUP1.SGM 22AUP1

Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Proposed Rules 42457 Driving Systems (ADS): A Vision for Using the SAE levels described above, identify regulations that may relate to Safety 2.0. (Publication No. DOT HS 812 the Department draws a distinction the development and safe introduction 442) (the Voluntary Guidance). The between Levels 0–2 and 3–5 based on of ADS. The Agency requested Voluntary Guidance offers a path whether the human driver or the comments on this report, including forward for the safe integration of automated system is primarily whether any of FMCSA’s current safety automated vehicles by: responsible for monitoring the driving regulations may hinder the testing and • Encouraging new entrants and ideas environment. For the purposes of this safe integration of ADS-equipped CMVs. that deliver safer vehicles; Federal Register notice, the Agency’s Further, FMCSA requested comment on • Making the Departmental regulatory primary focus is SAE Levels 3–5 ADS. certain specific regulatory requirements processes nimbler to help match the FMCSA encourages the development that are likely to be affected by an pace of private sector innovation; and of these advanced safety technologies increased integration of ADS-equipped • Supporting industry innovation and for use on CMVs, and at the same time, CMVs. encouraging open communication with recognizes the need to work with the In addition, to support FMCSA’s the public and with stakeholders. States to ensure that, from an operations effort to understand future impacts on The Voluntary Guidance is rooted in standpoint, all testing and use of these the FMCSRs, FMCSA requested the Department’s view that ADS- advanced safety systems is conducted in information, including from companies equipped vehicles hold enormous a manner that ensures the safe operation engaged in the design, development, potential benefits for safety, mobility, of ADS-equipped commercial vehicles. testing, and integration of ADS- and the efficiency of our transportation FMCSA is responsible for the safety equipped CMVs into the fleet. oversight of motor carriers operating Specifically, the Agency requested system. The primary focus of the CMVs in interstate commerce, the information about: (1) The scenarios and Voluntary Guidance is on levels of ADS drivers of CMVs, and the vehicles. The environments where entities expect that that can take full control of the driving Agency works with its State partners to ADS will soon be tested and integrated tasks in at least some circumstances. deliver programs intended to prevent Portions of the Voluntary Guidance also into CMVs operating on public roads or CMV crashes, and the associated apply to lower levels of automation, in interstate commerce; (2) the injuries and fatalities. including some of the driver assistance The FMCSRs provide rules to ensure operational design domains (ODD) in systems already being deployed by the safe operation of CMVs, as defined which these systems are being operated automakers today. The full document in 49 CFR 390.5, which includes or would be tested and eventually can be found at: https://www.nhtsa.gov/ vehicles with a gross vehicle weight/ deployed; and, (3) measures they sites/nhtsa.dot.gov/files/documents/ gross combination weight or gross believe are required to ensure the 13069a-ads2.0_090617_v9a_tag.pdf. vehicle weight rating/gross combination protection of any proprietary or The Voluntary Guidance adopts the weight rating, whichever is greater, of confidential business information they SAE International (SAE) J3016 10,001 pounds or more; passenger- intend to share with the Agency. The standard’s definitions for levels of carrying vehicles designed or used to comment period ended on May 10, automation. The SAE definitions divide transport 9 to 15 passengers for direct 2018. Interested parties may view the vehicles into levels based on ‘‘who does compensation; passenger-carrying comments the Agency received at what, when.’’ Generally: vehicles designed or used to transport www.regulations.gov (docket number • SAE Level 0, No Driving 16 or more passengers; and any size FMCSA–2018–0037). Automation; the driver performs all vehicle transporting hazardous Subsequent to the publication of the driving tasks. materials in a quantity requiring March 28 notice, FMCSA and other • SAE Level 1, Driver Assistance; the placards. surface transportation agencies have vehicle is controlled by the driver, but begun planning for the initiation of some driving assist features may be FMCSA’s 2018 Request for Comments rulemakings concerning ADS included in the vehicle design. On March 26, 2018, FMCSA technology. The agencies have been • SAE Level 2, Partial Driving published ‘‘Request for Comments assigned Regulation Identification Automation; the vehicle has combined Concerning Federal Motor Carrier Safety Numbers (RINs) for their respective automated functions, like acceleration Regulations (FMCSRs) Which May Be a Advance Notices of Proposed and steering, but the driver must remain Barrier to the Safe Testing and Rulemakings (ANPRMs). To that end, engaged with the driving task and Deployment of Automated Driving the public listening session is intended monitor the environment at all times. Systems-Equipped Commercial Motor to provide FMCSA the opportunity to • SAE Level 3, Conditional Driving Vehicles on Public Roads.’’ (83 FR engage stakeholders before the Agency Automation; the driver is a necessity, 12933) The document solicited public begins drafting its ANPRM. but is not required to monitor the comments on existing Federal Motor Meeting Participation environment. The driver must be ready Carrier Safety Regulations (FMCSRs) to take control of the vehicle at all times that may need to be updated, modified, Oral comments from the public will with notice. or eliminated to facilitate the safe be heard throughout the meeting. • SAE Level 4, High Driving introduction of automated driving Members of the public may submit Automation; the vehicle is capable of systems (ADS) equipped commercial written comments to public docket performing all driving functions under motor vehicles (CMVs) onto our referenced at the beginning of this certain conditions. The driver may have Nation’s roadways. The Agency notice using any of the following amozie on DSK3GDR082PROD with PROPOSALS1 the option to control the vehicle. indicated that it had commissioned the methods: • SAE Level 5, Full Driving U.S. Department of Transportation’s • Federal eRulemaking Portal: Go to Automation: the vehicle is capable of John A. Volpe National Transportation http://www.regulations.gov. Follow the performing all driving functions under Systems Center (Volpe) to conduct a online instructions for submitting all conditions. preliminary review of the FMCSRs to comments. VerDate Sep<11>2014 16:10 Aug 21, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\22AUP1.SGM 22AUP1

42458 Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Proposed Rules • Fax: 202–493–2251. • Hand Delivery: U.S. Department of Issued on: August 17, 2018. • Mail: Docket Management Facility; Transportation, 1200 New Jersey Cathy F. Gautreaux, U.S. Department of Transportation, 1200 Avenue SE, West Building, Room W12– Deputy Administrator. New Jersey Avenue SE, Room W12–140, 140, Washington, DC, between 9 a.m. [FR Doc. 2018–18127 Filed 8–21–18; 8:45 am] Washington, DC 20590. and 5 p.m., E.T. Monday through BILLING CODE 4910–EX–P Friday, except Federal holidays. amozie on DSK3GDR082PROD with PROPOSALS1 VerDate Sep<11>2014 16:10 Aug 21, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4702 Sfmt 9990 E:\FR\FM\22AUP1.SGM 22AUP1


Document Created: 2018-08-22 00:38:24
Document Modified: 2018-08-22 00:38:24
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
ActionAnnouncement of public listening session.
DatesThe meeting will be held on Friday, August 24, 2018, from 1-2:30 p.m. Central Daylight Time (CDT) at the Great American Trucking Show (GATS), Kay Bailey Hutchison Convention Center, 650 S Griffin Street, Dallas, TX 75202. If all interested participants have had an opportunity to comment, the session may conclude early.
ContactMs. Shannon L. Watson, Senior Advisor to the Associate Administrator for Policy, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, at (202) 385-2395, or via email: [email protected]
FR Citation83 FR 42456 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR