83_FR_51068 83 FR 50872 - Pilot Program for Collaborative Research on Motor Vehicles With High or Full Driving Automation

83 FR 50872 - Pilot Program for Collaborative Research on Motor Vehicles With High or Full Driving Automation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 83, Issue 196 (October 10, 2018)

Page Range50872-50883
FR Document2018-21919

NHTSA is seeking public comment on matters related to the near-term and long-term challenges of Automated Driving Systems (ADS) testing, development and eventual deployment. ADS testing and development are already underway in several areas of the United States. As technology evolves and in anticipation of requests to test and further develop high and full ADS, including those in vehicles without traditional controls necessary for a human driver, NHTSA is issuing this ANPRM to obtain public comments on the factors and structure that are appropriate for the Agency to consider in designing a national pilot program that will enable it to facilitate, monitor and learn from the testing and development of the emerging advanced vehicle safety technologies and to assure the safety of those activities. The Agency seeks these comments from interested stakeholders, including State and local authorities, companies, researchers, safety advocates and other experts interested in, engaged in or planning to become engaged in the design, development, testing, and deployment of motor vehicles with high and full driving automation. The Agency also seeks comments from road users, including vehicle drivers and passengers, cyclists and pedestrians. More specifically, NHTSA requests comments on the following topics related to ADS safety research. First, NHTSA seeks comments on potential factors that should be considered in designing a pilot program for the safe on-road testing and deployment of vehicles with high and full driving automation and associated equipment. Second, the Agency seeks comments on the use of existing statutory provisions and regulations to allow for the implementation of such a pilot program. Third, the Agency seeks comment on any additional elements of regulatory relief (e.g., exceptions, exemptions, or other potential measures) that might be needed to facilitate the efforts to participate in the pilot program and conduct on-road research and testing involving these vehicles, especially those that lack controls for human drivers and thus may not comply with all existing safety standards. Fourth, with respect to the granting of exemptions to enable companies to participate in such a program, the Agency seeks comments on the nature of the safety and any other analyses that it should perform in assessing the merits of individual exemption petitions and on the types of terms and conditions it should consider attaching to exemptions to protect public safety and facilitate the Agency's monitoring and learning from the testing and deployment, while preserving the freedom to innovate. By developing a robust record of the answers to these important questions, NHTSA expects to learn more about the progress of ADS and the ways in which the Agency can facilitate safe and efficient ADS testing and deployment for the benefit of individual consumers and the traveling public as a whole.

Federal Register, Volume 83 Issue 196 (Wednesday, October 10, 2018)
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Proposed Rules]
[Pages 50872-50883]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21919]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 555, 571 and 591

[Docket No. NHTSA-2018-0092]
RIN 2127-AL99


Pilot Program for Collaborative Research on Motor Vehicles With 
High or Full Driving Automation

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

ACTION: Advance notice of proposed rulemaking (ANPRM).

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SUMMARY: NHTSA is seeking public comment on matters related to the 
near-term and long-term challenges of

[[Page 50873]]

Automated Driving Systems (ADS) testing, development and eventual 
deployment. ADS testing and development are already underway in several 
areas of the United States. As technology evolves and in anticipation 
of requests to test and further develop high and full ADS, including 
those in vehicles without traditional controls necessary for a human 
driver, NHTSA is issuing this ANPRM to obtain public comments on the 
factors and structure that are appropriate for the Agency to consider 
in designing a national pilot program that will enable it to 
facilitate, monitor and learn from the testing and development of the 
emerging advanced vehicle safety technologies and to assure the safety 
of those activities.
    The Agency seeks these comments from interested stakeholders, 
including State and local authorities, companies, researchers, safety 
advocates and other experts interested in, engaged in or planning to 
become engaged in the design, development, testing, and deployment of 
motor vehicles with high and full driving automation. The Agency also 
seeks comments from road users, including vehicle drivers and 
passengers, cyclists and pedestrians.
    More specifically, NHTSA requests comments on the following topics 
related to ADS safety research. First, NHTSA seeks comments on 
potential factors that should be considered in designing a pilot 
program for the safe on-road testing and deployment of vehicles with 
high and full driving automation and associated equipment. Second, the 
Agency seeks comments on the use of existing statutory provisions and 
regulations to allow for the implementation of such a pilot program. 
Third, the Agency seeks comment on any additional elements of 
regulatory relief (e.g., exceptions, exemptions, or other potential 
measures) that might be needed to facilitate the efforts to participate 
in the pilot program and conduct on-road research and testing involving 
these vehicles, especially those that lack controls for human drivers 
and thus may not comply with all existing safety standards. Fourth, 
with respect to the granting of exemptions to enable companies to 
participate in such a program, the Agency seeks comments on the nature 
of the safety and any other analyses that it should perform in 
assessing the merits of individual exemption petitions and on the types 
of terms and conditions it should consider attaching to exemptions to 
protect public safety and facilitate the Agency's monitoring and 
learning from the testing and deployment, while preserving the freedom 
to innovate.
    By developing a robust record of the answers to these important 
questions, NHTSA expects to learn more about the progress of ADS and 
the ways in which the Agency can facilitate safe and efficient ADS 
testing and deployment for the benefit of individual consumers and the 
traveling public as a whole.

DATES: Comments on this document are due no later than November 26, 
2018.

ADDRESSES: Comments must be identified by Docket Number NHTSA-2018-0092 
and may be submitted using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue, SE, Washington, 
DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. 
and 5 p.m. E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Regardless of how you submit your comments, you must include the 
docket number identified in the heading of this document. 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 202-366-9826.
    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 rulemaking process. DOT 
posts these comments, without edit, to www.regulations.gov, as 
described in the system of records notice, DOT/ALL-14 FDMS, accessible 
through www.dot.gov/privacy. In order to facilitate comment tracking 
and response, we encourage commenters to provide their name, or the 
name of their organization; however, submission of names is completely 
optional. Whether or not commenters identify themselves, all timely 
comments will be fully considered. If you wish to provide comments 
containing proprietary or confidential information, please contact the 
agency for alternate submission instructions.

FOR FURTHER INFORMATION CONTACT: 
    For research and pilot program issues: Dee Williams, Office of 
Vehicle Safety Research, (202) 366-8537, [email protected], National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001.
    For legal issues: Stephen Wood, Assistant Chief Counsel, Vehicle 
Rulemaking and Harmonization, Office of Chief Counsel, 202-366-2992, 
email [email protected], National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background and Overview
II. NHTSA's Safety Mission, Authority and Programmatic Needs With 
Respect to ADS
    A. NHTSA Has Authority Over All Aspects of ADS
    B. NHTSA's Flexibility To Develop and Implement Non-Traditional 
Standards for ADS
    C. Research Is Needed To Generate Data on ADS
    D. Regulatory Relief May Be Needed To Facilitate Research 
Involving Vehicles With High and Full Driving Automation
    E. A Pilot Program Could Provide Relief and Promote Research on 
Ads
III. Pilot Program for the Safe Testing and Deploying of Vehicles 
With High and Full Driving Automation
    A. Considerations in Designing a Pilot Program
    1. Vehicle Design for Safe Operation
    2. Vehicle Design for Risk Mitigation
    3. Vehicle Design Safety Elements
    4. Data and Reporting
    5. Additional Considerations in Pilot Program Design
    6. Issues Relating To Establishing a Pilot Program
    i. Applications for Participation and Potential Terms of 
Participation
    ii. Potential Categories of Data To Be Provided by Program 
Participants
    B. Use of Exemptions To Provide Regulatory Relief for Pilot 
Program Participants
    1. Exemptions From Prohibitions Concerning Noncompliant Vehicles 
Under Section 30113
    2. Exemptions From Prohibitions Concerning Noncompliant Vehicles 
Under Section 30114
    3. Exemption From Rendering Inoperative Prohibition
    4. Other Potential Obstacles
IV. Confidentiality of Information Provided by Program Participants
V. Next Steps
VI. Regulatory Notices
VII. Public Comment

I. Background and Overview

    As the Federal agency charged with improving motor vehicle safety 
through reducing crashes, and preventing deaths

[[Page 50874]]

and injuries from crashes, NHTSA is encouraged by the new ADS vehicle 
technologies being developed and implemented by automobile 
manufacturers and other innovators. NHTSA anticipates that automation 
can serve a vital safety role on our Nation's roads, particularly since 
human error and choice are currently the critical factors behind the 
occurrence of a large number of crashes. ADS vehicle technologies 
possess the potential to save thousands of lives, as well as reduce 
congestion, enhance mobility, and improve productivity.
    To aid in determining how best to foster the safe development and 
implementation of ADS vehicle technologies on our Nation's roadways, 
NHTSA believes it is prudent to facilitate the conducting of research 
and gathering of data about these new and developing technologies in 
their various iterations and configurations. Thus, NHTSA is seeking 
comment on creating a national ADS vehicle pilot program for the 
testing of vehicles and associated equipment and to gather data from 
such testing, including data generated in real-world scenarios. NHTSA 
anticipates that this data will provide information needed to help 
realize the promises and meet the challenges of ADS vehicle development 
and deployment.
    The purpose of this ANPRM is to obtain public views and suggestions 
for steps that NHTSA can take to facilitate, monitor and learn from on-
road research through the safe testing and eventual deployment of high 
and full automated vehicles, i.e., Level 4 and 5 \1\ ADS vehicles, 
primarily through a pilot program.
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    \1\ See table below for explanations of these terms.
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    To explain these levels of automation and put them in context with 
the other levels defined by SAE (Society of Automotive Engineers) 
International in Table 1 of SAE J3016,\2\ the Agency provides the 
following simplified description of the full array of levels:
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    \2\ SAE J3016_201806 Taxonomy and Definitions for Terms Related 
to Driving Automation Systems for On-Road Motor Vehicles.

------------------------------------------------------------------------
                                     What does the vehicle do, what does
        Level of automation           the human driver/occupant do, and
                                        when and where do they do it?
------------------------------------------------------------------------
Level 0...........................  No Automation of driving task: While
                                     the vehicle may provide warnings
                                     (e.g., forward collision warning
                                     and blind-spot warning), the human
                                     driver must in all conditions and
                                     at all times perform all aspects of
                                     the driving task like monitoring
                                     the driving environment, steering,
                                     braking and accelerating.
Level 1...........................  Driver Assistance: The vehicle may
                                     have some features that can
                                     automatically assist the human
                                     driver with either steering (e.g.,
                                     lane keeping assist) or braking/
                                     accelerating (e.g., adaptive cruise
                                     control), but not with both
                                     simultaneously. The human driver
                                     performs all other aspects of the
                                     driving task like monitoring the
                                     driving environment, steering,
                                     braking and accelerating.
Level 2...........................  Partial Driving Automation: The
                                     vehicle has combined automated
                                     functions, like speed control and
                                     steering simultaneously, but the
                                     driver must remain engaged with the
                                     driving task by controlling the
                                     other elements of driving,
                                     monitoring the driving environment
                                     at all times, and being ready to
                                     take over immediately if conditions
                                     exceed the capabilities of the
                                     vehicle's automated functions.
Level 3...........................  Conditional Driving Automation: The
                                     vehicle can perform most aspects of
                                     the driving task, including
                                     monitoring the driving environment
                                     and making decisions, under some
                                     conditions (e.g., speeds under a
                                     set threshold). The presence of a
                                     human driver is still a necessity,
                                     but is not required to monitor the
                                     driving environment when the ADS is
                                     engaged and operating in those
                                     conditions. The driver must always
                                     be ready to intervene and take
                                     control of the vehicle when the ADS
                                     gives the driver notice to do so or
                                     the vehicle experiences a driving-
                                     task-related failure.
Level 4...........................  High Driving Automation: The vehicle
                                     can perform most aspects of the
                                     driving task under certain
                                     conditions without the involvement
                                     of or oversight by a human driver.
                                     Outside of those conditions, the
                                     vehicle will enter a safe fallback
                                     mode if a human occupant does not
                                     resume control. The vehicle may or
                                     may not be designed to allow a
                                     human occupant to assume control.
Level 5...........................  Full Driving Automation: The vehicle
                                     can perform all aspects of the
                                     driving task at all times and under
                                     all conditions. While the human
                                     occupants need to set the trip
                                     destination and start the ADS, they
                                     need never be involved in any
                                     aspects of the driving task. The
                                     vehicle may or may not be designed
                                     to allow a human occupant to assume
                                     control.
------------------------------------------------------------------------

    This ANPRM is the latest effort by DOT and NHTSA to address issues 
relating to the testing and deployment of vehicles with high and full 
driving automation. Automated Driving Systems 2.0: A Vision for Safety 
(``A Vision for Safety''), issued by DOT in September 2017, included 
guidance to manufacturers and other entities seeking to document for 
themselves how they are addressing safety. It further outlined a 
summary document that they could use to disclose their voluntary safety 
self-assessments to the public in order to describe to the public, to 
stakeholders, and to Federal, State and local governments the 
manufacturers' approach to assuring safe testing and development.
    In a separate notice published in January 2018,\3\ the Agency took 
the next step by publishing a request for 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 automated motor vehicles. In that notice, 
NHTSA focused primarily, but not exclusively, on vehicles with certain 
unconventional interior designs, such as those 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. Further, the compliance test procedures of 
some FMVSS depend on the presence of such things as a human test driver 
who can follow test instructions or a steering wheel that can be used 
by an automated steering mechanism. In addressing all of these issues, 
the Agency's focus will be on ensuring the maintenance of currently 
required levels of safety performance.
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    \3\ 83 FR 2607, January 18, 2018.
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    This ANPRM focuses on the related question of how the Agency can 
best encourage and facilitate the necessary research to allow for the 
development and establishment, as needed, of standards for ADS 
vehicles, including vehicles that have unconventional designs, can 
operate in ``dual modes'' (one of which may involve unconventional 
designs), and can comply with the existing FMVSS.

[[Page 50875]]

    NHTSA believes that in order to anticipate, identify and address 
potential safety concerns and realize the full promise of ADS, it is 
vital that the developers of vehicles with high and full driving 
automation have broad opportunities to gain practical, real world 
experience, in locations of their choosing, with different approaches 
to, and combinations of, hardware and software in order to learn which 
approaches and combinations offer the greatest levels of safety and 
reliability. Simulated testing, or testing in laboratory or other 
controlled settings is very beneficial, but NHTSA also recognizes the 
importance of preparing for a world in which ADS vehicles operate on a 
broad scale on our Nation's roads under a vast array of complex and 
changing road, traffic and weather conditions. ADS must be able to 
operate in and adapt to such conditions, just as human drivers must 
when driving their vehicles today. On-the-road testing and evaluation 
of ADS vehicles will be critical to the successful development and 
integration of these vehicles into the roads and highways throughout 
the country.
    Based on the foregoing, NHTSA is considering the establishment of a 
national pilot research program. The Agency emphasizes that it has not 
made any decisions whether to establish a pilot program or how to 
structure one. For this reason, it cannot currently estimate the 
timing, cost or duration of a pilot program. After analyzing the public 
comments on this ANPRM and other available information, NHTSA will 
further assess the prospects for implementing a viable and effective 
program and identify the best approach to structuring one.

I. NHTSA's Safety Mission, Authority, and Programmatic Needs With 
Respect to ADS

    NHTSA, an operating administration within DOT, was established, as 
a successor to the National Highway Safety Bureau, by the Highway 
Safety Act of 1970 to carry out safety programs under the National 
Traffic and Motor Vehicle Safety Act of 1966 (``the Act'') and the 
Highway Safety Act of 1966. The Act directs the Department of 
Transportation ``(1) to prescribe motor vehicle safety standards for 
motor vehicles and motor vehicle equipment in interstate commerce; and 
(2) to carry out needed safety research and development.'' \4\
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    \4\ 49 U.S.C. 30101.
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    Its vehicle safety mission is to save lives and prevent injuries 
due to road traffic crashes through a variety of means. More 
specifically, the Agency carries out its vehicle safety mission by:
     Collecting real world data on the safety of motor vehicles 
and items of motor vehicle equipment;
     Conducting safety research;
     Setting FMVSS for new motor vehicles and motor vehicle 
equipment (to which manufacturers must certify compliance before sale 
or introduction into interstate commerce).
     Enforcing compliance with the standards;
     Investigating and overseeing the recall and remedy of 
noncompliant products and products containing safety-related defects;
     Communicating with and educating the public about motor 
vehicle safety issues through comparative performance ratings and other 
means; and
     Issuing guidance for vehicle and equipment manufacturers 
to follow on important issues affecting safety.
    In addition, NHTSA works with State highway safety agencies and 
other partners under the Highway Safety Act to encourage the safe 
behavior of drivers, occupants, cyclists, and pedestrians across the 
country.

A. NHTSA Has Authority Over All Aspects of ADS Design

    NHTSA's authority over ADS is broad and clear. The Act obligates 
NHTSA to regulate the safety of motor vehicles and motor vehicle 
equipment.\5\ ``Motor vehicle equipment'' is defined broadly enough to 
include both tangible components, e.g., hardware, and intangible 
components, e.g., software, of modern electronic motor vehicle 
systems.\6\ Both types of components, working in combination, are 
indispensable to the functioning of modern vehicle electronic systems 
and critical to the future safety of the motor vehicle occupants, 
cyclists and pedestrians.\7\ Indeed, without their software components, 
these electronic systems would not be systems; instead, they would be 
nonfunctional assemblages of hardware components. Hardware and software 
components are also at the heart of each building block technology for 
vehicle automation and are indispensable to the combining of the 
technologies in ADS vehicles.
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    \5\ 49 U.S.C. 30111(a).
    \6\ 49 U.S.C. 30102(a)(6) and (7).
    \7\ Transportation Research Board Special Report 308, The Safety 
Promise and Challenge of Automotive Electronics: Insights from 
Unintended Acceleration, 2012. The Board is part of the National 
Research Council which is, in turn, part of the National Academies. 
This report describes the challenges presented by electronic systems 
and what the report terms their ``hardware components'' and 
``software components.'' (P. 87). It is available on a number of 
online sites, including http://onlinepubs.trb.org/onlinepubs/sr/sr308.pdf and https://www.nap.edu/catalog/13342/trb-special-report-308-the-safety-challenge-and-promise-of-automotive-electronics and 
http://www.omg.org/hot-topics/documents/Safety-Promise-and-Challenge-of-Automotive-Electronics-TRB-2012.pdf.
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    As technology has evolved, NHTSA has responded to Congressional 
mandates to use its authority to specify how and when the hardware 
components of electronic systems such as air bags, anti-lock braking 
systems and electronic stability control systems must activate and 
perform. This approach gives manufacturers freedom to develop the 
software components needed to control the performance of each system's 
hardware components. NHTSA has also repeatedly exercised its authority 
under the Act when the software and/or hardware components of 
computerized electronics have been the subject of safety defect recall 
and remedy campaigns. Software updates have been the remedy for 
software found to contain a safety defect.\8\
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    \8\ To find vehicle safety recalls involving software, search 
for ``software'' in the monthly NHTSA recalls reports on the 
following web page, Monthly Reports: Recalls and Investigations, 
available at https://www-odi.nhtsa.dot.gov/recalls/monthlyreports.cfm. See also May 2016 report by J.D. Power that it 
had conducted an analysis of recalls under the Act showing that 
``(t)o date, 189 separate software recalls have been issued in the 
past 5 years, affecting more than 13 million vehicles. According to 
manufacturer analyses, 141 presented a risk of crashing; 44 could 
have resulted in injury.'' The results of this analysis may be found 
at http://www.jdpower.com/cars/articles/safety-and-mpg/record-numbers-software-complaints-and-recalls-threaten-trust.
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    NHTSA is also authorized to regulate certain other software, 
specifically, software that has functionality similar to that of the 
software in either a vehicle manufacturer's key fob/smart key or even 
some of the systems integrated into some current vehicles.\9\ Some of 
this software, e.g., that for remotely starting a vehicle's engine, 
affects motor vehicle systems only when the vehicles are parked, i.e., 
in circumstances called ``nonoperational'' safety. Other software, 
e.g., forward crash warning and remote automated parking systems, 
affects motor vehicles when they are moving, i.e., ``operational'' 
safety. The Act's definition of ``motor vehicle safety'' encompasses 
both aspects of safety.\10\
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    \9\ 49 U.S.C. 30102(a)(8).
    \10\ 49 U.S.C. 30102(a)(9).
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B. NHTSA's Flexibility To Develop and Implement Non-Traditional 
Standards for ADS

    NHTSA's primary exercise of its regulatory authority involves the 
development and establishment of the FMVSS.\11\ Under the Act, NHTSA's

[[Page 50876]]

FMVSS must meet a variety of requirements.\12\ They must be 
performance-oriented. They must be practicable, both technologically 
and economically. They must be objective, meaning that they must be 
capable of producing identical results when tests are conducted in 
identical conditions and compliance must be based on scientific 
measurements, not subjective opinion. Finally, they must meet the need 
for safety.
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    \11\ It is important to note that, even in the absence of 
standards, ADS-equipped vehicles must still be free from 
unreasonable risks to safety; if such risks do exist, the vehicle, 
component, or accessory would be subject to NHTSA's defect 
authority. See NHTSA Enforcement Guidance Bulletin 2016-02: Safety-
Related Defects and Automated Safety Technologies, 81 FR 65705, 
September 23, 2016.
    \12\ 49 U.S.C. 30102(a)(10), 30111(a).
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    The FMVSS can address all aspects and phases of ensuring that new 
motor vehicles are designed and perform safely. NHTSA can establish 
crash avoidance standards to reduce the chance that a vehicle will 
become involved in a crash or cause another vehicle to become involved 
in crash or reduce the severity of crashes that cannot be avoided. 
Likewise, NHTSA can issue crashworthiness standards requiring that a 
vehicle be designed so that its occupants are less likely to be 
seriously injured in a crash and so that it is less likely to cause 
injury to the occupants of other vehicles or other roadway users such 
as pedestrians and cyclists. In addition, NHTSA can issue standards for 
post-crash safety, such as minimizing the risk of electrical fires.
    NHTSA believes that the FMVSS structure has the necessary 
flexibility to regulate the design and performance of ADS 
appropriately. Although the existing FMVSS rely on physical tests and 
measurements to evaluate safety performance, there is no requirement in 
the Act that they rely exclusively or even at all on such tests and 
measurements so long as they are objective and meet the other statutory 
requirements. In the future, other approaches such as simulation and 
requirements expressed in terms of mathematical functions might be 
considered.\13\
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    \13\ NHTSA notes that its Corporate Average Fuel Economy 
Standards are required to be stated in terms of a mathematical 
function. 49 U.S.C. 32902(b)(3)(A).
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    In addition, because the software environment is likely to evolve 
and change at a rapid rate, NHTSA recognizes that it will need a new 
approach to the development and drafting of FMVSS, especially any FMVSS 
that might be established for ADS. The accelerating pace of 
technological change is incompatible with lengthy rulemaking 
proceedings that last at least 6-8 years from initiating rulemaking to 
conducting research to translating the research results into regulatory 
text to conducting and completing a notice and comment rulemaking. 
Further, the FMVSS of the future will need to be reconceptualized, 
developed and drafted so that they are nimbler, more performance-
oriented and thus more accommodating of anticipated and continued rapid 
technological change than has generally been the case for the FMVSS to 
date.
    Similarly, although existing FMVSS generally address specific 
predictable events (e.g., stopping and turning safely on low friction 
surfaces, specific types of crashes), it may be desirable, even 
necessary, to meet the need for safety, for future FMVSS focused on ADS 
technologies to also address the common, yet unpredictable, events that 
occur in real-world driving, e.g., the one person among crowds of 
people standing on two or more corners of an intersection who suddenly 
decides to cross the street, the approaching vehicle that suddenly 
turns left, the parked vehicle that suddenly leaves its parking place, 
and the vehicle that suddenly emerges from a blind alley or other 
obscured location. Test procedures could replicate those events, 
including their unpredictability. A degree of unpredictability might be 
accomplished by varying the location of standardized surrogate 
vehicles, cyclists and pedestrians on a test course and the sequence in 
which they are encountered during testing. A sufficient degree of 
randomization could help avoid the risks that using a completely 
predictable test procedure might create, i.e., that a test vehicle 
could be programmed to anticipate the predictable encounters with 
surrogate objects and avoid a collision with them by being pre-
programmed to do so, not by relying on its sensors and decision-making 
algorithms.
    Further, future FMVSS could test the ability of ADS vehicles to 
monitor not only simple scenarios involving a single surrogate 
pedestrian or vehicle, but also more complex and realistic scenarios 
involving multiple surrogate pedestrians and vehicles and their ability 
to identify and respond appropriately to all surrogate pedestrians and 
vehicles without the ADS vehicles' knowing in advance precisely which 
pedestrian or vehicle would move and when into their path.
    Finally, future FMVSS could be drafted in more technology-neutral 
performance terms than many of the existing technology-specific FMVSS. 
This approach may allow for the development and deployment of cutting-
edge technology, as long as FMVSS performance mandates are satisfied. 
This approach could allow for testing and deployment of critical safety 
equipment without requiring time-consuming regulatory amendments to 
respond to changes in technology.

C. Research Is Needed To Generate Data on ADS

    In order to establish standards that ensure safety without 
jeopardizing innovation, NHTSA must conduct significant research, as 
well as leverage research conducted by outside entities, including 
industry and universities. When the Act was enacted, Congress 
recognized the importance of research, development, testing, and 
evaluation, and provided ``broad authority to initiate and conduct'' 
those activities.\14\ Additionally, Congress recognized that safety 
standards ``cannot be set in a vacuum. They must be based on reliable 
information and research.'' \15\
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    \14\ S. Rep. No. 89-1301, at 9 (June 23, 1966).
    \15\ H.R. Rep. No. 89-1776, at 11 (July 28, 1966); see also S. 
Rep. No. 89-1301, at 9.
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    In the Moving Ahead for Progress in the 21st Century Act,\16\ 
Congress reiterated and strengthened NHTSA's role in conducting 
research, particularly in areas of innovative technology, and directed 
that ``[t]he Secretary of Transportation shall conduct research, 
development, and testing on any area or aspect of motor vehicle safety 
necessary to carry out this chapter.'' \17\ In carrying out this 
directive, Congress instructed the Secretary to ``[c]onduct motor 
vehicle safety research, development, and testing programs and 
activities, including activities related to new and emerging 
technologies that impact or may impact motor vehicle safety'' and to 
``[c]ollect and analyze all types of motor vehicle and highway safety 
data'' relating to motor vehicle performance and crashes.\18\ Further, 
the Secretary was given broad authority to ``enter into cooperative 
agreements, collaborative research, or contracts with Federal agencies, 
interstate authorities, State and local governments, other public 
entities, private organizations and persons,'' and other appropriate 
institutions.\19\
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    \16\ Public Law 112-141.
    \17\ 49 U.S.C. 30181.
    \18\ 49 U.S.C. 30182(a) (emphasis added).
    \19\ Id. at Sec.  30182(b)(5).
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    To aid in determining how best to foster the safe introduction of 
vehicles with high and full driving automation onto our Nation's 
roadways, NHTSA seeks to facilitate research and data gathering 
involving these new and developing technologies in their various 
iterations and configurations. The

[[Page 50877]]

Agency wants the entities involved in this research to gain practical, 
real world experience to determine the best approaches to enhancing 
safety. This research is expected to generate the data needed to assist 
in developing methods of validating the safety performance of vehicles 
with high and full driving automation. NHTSA recognizes both the safety 
potential of ADS and the need to ensure that all testing and operation 
of vehicles with high and full driving automation are conducted in a 
manner that ensures the appropriate levels of safety for everyone 
involved--and most importantly, all roadway users.

D. Regulatory Relief May Be Needed To Facilitate Research Involving 
Vehicles With High and Full Driving Automation

    In the separate notice on barriers mentioned above, NHTSA stated 
that it believes that vehicles with traditional interior designs, e.g., 
ones including steering wheels and foot pedals, that meet the existing 
FMVSS would still comply with the FMVSS even if those vehicles were 
designed to be operated as vehicles with high and full driving 
automation. However, vehicles with high and full driving automation 
that do not have traditional designs might not meet the existing FMVSS 
and would, therefore, require an exemption. NHTSA's statutes provide 
two separate avenues under sections 30113 and 30114 \20\ for an 
exemption of vehicles that do not comply with the standards and another 
process designed for vehicles that would initially comply with the 
standard, but also may need exemptions if they operate in ``dual 
modes,'' one of which could run afoul of NHTSA's ``make inoperative'' 
prohibition.\21\ Under both types of exemptions, NHTSA may set terms by 
which the exempted entity must abide.
---------------------------------------------------------------------------

    \20\ 49 U.S.C. 30113 and 30114. These two sections, including 
relevant statutory text, are discussed below in parts III.B.1 and 
III.B.2 of this ANPRM.
    \21\ Certain ADS vehicles that do not comply with existing 
standards are currently allowed to be introduced into interstate 
commerce if they meet the requirements in section 30112(b)(10). The 
section excepts motor vehicles from the prohibition in section 
30112(a)(1) against introducing a noncompliant motor vehicle into 
commerce, but, among other constraints, only if the vehicle is 
introduced by a manufacturer solely for the purpose of its being 
tested and evaluated on public roads, only for vehicle manufacturers 
that manufactured and distributed compliant vehicles in the United 
States before December 4, 2015, and only if those vehicles are not 
sold after the conclusion of testing. Importantly, then, this 
exception is limited in both which manufacturers can take advantage 
of it and what can be done while using it.
---------------------------------------------------------------------------

    In this document, NHTSA announces that it is contemplating creating 
an ADS vehicle pilot research program for the testing of vehicles and 
associated equipment and gathering of data from such testing, including 
in real-world scenarios, which the Agency would consider as setting the 
terms of the exemptions. NHTSA anticipates that these data will provide 
needed information that will better enable the public and private 
sectors to realize the promises and overcome the challenges of vehicles 
with high and full driving automation.

E. A Pilot Program Can Provide Relief and Promote Research on ADS

    To summarize, NHTSA's authority covers all relevant aspects of ADS 
design, including vehicles with high and full driving automation. 
NHTSA, therefore, has an affirmative duty to establish the measures 
necessary to ensure the safe design and operation of these types of 
vehicles. However, to do so in a way that actually achieves those 
safety goals and does not unnecessarily impede innovation requires 
significant research on these cutting-edge issues. Due to the 
complexity of real-world driving, this research cannot simply be done 
in laboratories or other highly controlled testing environments and, 
instead, part of it must be done on public roads with real driving 
conditions. To help ensure that this testing is being done safely and 
with an eye towards developing the data necessary to support such 
future standards as may be needed, NHTSA is considering establishing a 
pilot program for vehicles with high and full driving automation for 
entities wishing to engage in the testing or, in some cases, deployment 
of vehicles with high and full driving automation that would require 
some type of an exemption from NHTSA's existing standards. The Agency 
believes that such a program could aid developers of vehicles with high 
and full driving automation in testing and deploying their vehicles 
across the country in a wide variety of scenarios, e.g., different 
climates, weather patterns, topographical features, road systems, 
population and traffic densities, etc.

III. Pilot Program for the Safe Testing and Deployment of Vehicles With 
High and Full Driving Automation

    Technological innovations in automotive transportation are diverse 
and evolving quickly in the United States and abroad. The potential 
safety benefits that could result from deploying vehicles with high and 
full driving automation justify a considered approach at the Federal, 
State and local levels to the design and implementation of pilot 
programs for the safe testing, learning and eventual deploying of these 
vehicles, including on public roadways.
    Safety is a primary concern and is the primary mission of NHTSA. 
The issuance of this ANPRM on pilot program design is intended to 
stimulate public discussion of both safety aspects of new technology 
testing and development, as well as approaches to learning from pilot 
programs for technological improvement and eventual deployment. NHTSA 
acknowledges that there are also mobility, efficiency and accessibility 
opportunities associated with ADS and that infrastructure could play a 
key role in the broader operational availability of these technologies. 
Numerous companies, researchers, safety advocates, State and local 
governments, and other stakeholders are engaged in, planning to become 
engaged in or otherwise interested in the design, development, testing, 
and deployment of vehicles with high and full driving automation. NHTSA 
recognizes that it is restricted in its ability to apply requirements 
to certain manufacturers testing vehicles on public highways if the 
manufacturers agree not to offer for sale or sell those vehicles.\22\ 
Discussion of pilot program design and implementation does not assume 
that such regulatory and statutory limits are either appropriate or 
necessary, but rather that pilot programs might require NHTSA to 
address certain barriers.
---------------------------------------------------------------------------

    \22\ 49 U.S.C. 30112(b)(10).
---------------------------------------------------------------------------

    Further, pilot programs should anticipate the need to coordinate 
Federal, State and local governments' responsibilities and efforts and 
should recognize other Federal agencies, and State and local 
governments are effective sources of information needed for risk 
management as ADS technology approaches deployment. State and local 
governments have traditionally played important roles in motor vehicle 
and road safety, through enforcement, traffic management and planning, 
research, and much more. It is critical to NHTSA to partner effectively 
with State and local governments to permit them to continue these 
important functions while the Agency works collaboratively to 
facilitate the safe and efficient deployment of ADS technology.
    Finally, at this stage, NHTSA is only considering a pilot program 
for light-duty vehicles; to the extent the Agency will consider 
establishing future pilot projects for other motor vehicles, such as 
truck tractors or buses, it will do so in coordination with the other 
relevant operating administrations within the Department.
    Questions.

[[Page 50878]]

    In furtherance of the goals of this ANPRM, NHTSA requests 
interested persons to answer a variety of questions about the structure 
of a national pilot program and about the types of regulatory relief 
that may be needed to make such a program successful. The views and 
information provided in response to those that will aid the Agency in 
deciding whether to create a national program and, if so, how to do so.
    Guidance on answering questions.
    In responding to each question, please provide data, analyses, 
research reports or other justification to support your response. In 
addition, please respond to the questions and requests in the same 
sequence in which they appear below and include the number of each 
question and request.
    Question 1. What potential factors should be considered in 
designing the structure of a pilot program that would enable the Agency 
to facilitate, monitor and learn from on-road research through the safe 
testing and eventual deployment of vehicles with high and full driving 
automation and associated equipment?
    Question 2. If NHTSA were to create a pilot program, how long would 
there be a need for such a program? What number of vehicles should be 
involved? Should NHTSA encourage the conducting of research projects in 
multiple locations with different weather conditions, topographical 
features, traffic densities, etc.?
    Question 3. What specific difficulties should be addressed in 
designing a national vehicle pilot program for vehicles with high and 
full driving automation either through the exemption request process 
relevant for FMVSS or more broadly related to other areas of NHTSA and/
or other authorities.
    Question 4. How can existing statutory provisions and regulations 
be more effectively used in implementing such a pilot program?
    Question 5. Are there any additional elements of regulatory relief 
(e.g., exceptions, exemptions, or other potential measures) that might 
be needed to facilitate the efforts to participate in the pilot program 
and conduct on-road research and testing involving these vehicles, 
especially those that lack controls for human drivers and thus may not 
comply with all existing FMVSS?

A. Considerations in Designing the Pilot Program

    NHTSA believes that a safe and effective pilot program for vehicles 
with high and full driving automation would necessarily address each of 
the following critical areas: (1) Vehicle design for safe operation; 
(2) vehicle design for risk mitigation in the event of an unplanned 
event; (3) vehicle design for intended operating conditions; and (4) 
data reporting and information sharing to identify and mitigate risks 
identified during the pilot program.
1. Vehicle Design for Safe Operation
    As described above, NHTSA has long assessed vehicle attributes for 
safe operation under reasonably anticipated conditions. Such an 
assessment has historically included detailed elements of structural 
integrity and design, as well as hardware, software and 
telecommunications elements that contribute to either operational or 
nonoperational vehicle safety.
    NHTSA believes that vehicles with high and full driving automation 
participating in pilot programs for testing and evaluation and eventual 
deployment should continue to meet most FMVSS for the protection of 
vehicle occupants, pedestrians, and other vulnerable road users. 
However, in the case of certain elements, safety might be enhanced 
through approaches different than those contained in the current FMVSS, 
given that they were developed for vehicles designed only for human 
operation.
    As noted above, NHTSA has issued a Request for Comment regarding 
those provisions in the FMVSS that may pose barriers for the design, 
testing and deployment of some safe vehicles with high and full driving 
automation.
    Question 6. What vehicle design elements might replace existing 
required safety equipment and/or otherwise enhance vehicle safety under 
reasonably anticipated operating conditions?
2. Vehicle Design for Risk Mitigation
    As described in section I (overview) above, the primary difference 
between lower level driving automation systems and high and full 
driving automation systems is the reliance in the latter systems on the 
vehicle to perform all driving functions in at least certain 
circumstances. It is anticipated that vehicles with high and full 
driving automation will accomplish this through the combination of 
highly sophisticated detection systems, systems for digital 
interpretation of detected objects, data retention and processing, 
communication protocols, and highly sophisticated decision-making 
software. Together, this combination of functions is intended to 
replace and improve upon the ability of human drivers to detect, 
interpret, communicate and react to vehicle operational needs and 
conditions.
    Some vehicles with high driving automation will require an 
additional design consideration to address human-machine interface when 
operating outside of their Operational Design Domain.\23\ Specifically, 
given the reliance of those vehicles on vehicle, and not human, 
systems, the design of those vehicles should account for both the 
vehicle and human elements of any transition from one type of driver 
(human or vehicle) to another type of driver (vehicle or human).
---------------------------------------------------------------------------

    \23\ The Operational Design Domain describes the specific 
conditions under which a given ADS or feature is intended to 
function. More specifically, it defines where (such as what roadway 
types and speeds) and when (under what conditions, such as day/
night, weather limits, etc.) an ADS is designed to operate.
---------------------------------------------------------------------------

    In A Vision for Safety, the Department of Transportation described 
a voluntary safety self-disclosure approach recommended to innovators 
seeking to test and deploy vehicles with high and full driving 
automation on public roadways.
    NHTSA's existing authorities under the Act, e.g., provisions 
concerning research, standard setting and consumer information, are 
adequate for NHTSA to evaluate and recommend protocols to ensure the 
safety of vehicle design for risk mitigation. In fact, NHTSA has 
already developed and adopted protocols for a wide variety of 
technologies for use in either the FMVSS or the New Car Assessment 
Program. Examples include anti-lock braking systems, electronic 
stability control, automatic emergency braking, and lane departure 
warning.
    Furthermore, NHTSA's authorities supporting the current FMVSS 
program are adequate and appropriate for developing very broadly 
drafted safety performance standards that might be necessary for the 
eventual safe widespread deployment on public roadways of vehicles with 
high and full driving automation. Such performance standards should 
allow for unencumbered innovation where such innovation provides 
equivalent or improved safety for future transportation designs when 
compared to the safety of human drivers. For example, future 
performance-based standards might include standards and testing for 
safe lane change performance on highways, hazard detection and 
avoidance in urban environments, or collision avoidance on rural 
highways.
    Question 7. What types of performance measures should be considered 
to ensure safety while allowing for innovation of emerging

[[Page 50879]]

technology in vehicles with high and full driving automation 
participating in a pilot program?
3. Vehicle Design Safety Elements
    A Vision for Safety seeks to help designers of ADS to analyze, 
identify, and resolve safety considerations prior to deployment by 
using their own, industry, and other best practices. It outlines 12 
safety elements, which the Agency believes represent the consensus 
across the industry, that are generally considered to be the most 
salient design aspects to consider and address when developing, 
testing, and deploying ADS on public roadways. Within each safety 
design element, entities are encouraged to consider and document for 
themselves their use of industry standards, best practices, company 
policies, or other methods they have employed to provide for increased 
system safety in real-world conditions.
    For example, vehicles with high and full driving automation are 
currently tested and deployed in carefully risk-managed phases to allow 
for safe operation during development of increasingly complex systems. 
As described in A Vision for Safety, the circumstances in which the 
automated operation of a vehicle is enabled are set forth in the 
vehicle's Operational Design Domain.
    NHTSA believes that any pilot program for the testing of vehicles 
with high and full driving automation should include defined 
Operational Design Domains as a component of safe automated vehicle 
operation. Examples of an Operational Design Domain include, but are 
not limited to, geographic, environmental or other conditions in which 
the vehicle is designed to operate, detect and respond safely to a 
variety of normal and unexpected objects and events, and to fall back 
to a minimal risk condition in the event that the ADS fails or that the 
ADS encounters conditions outside the Operational Design Domain.
    NHTSA has historically regulated the enabling conditions for safety 
systems, such as air bags, anti-lock brakes and electronic stability 
control, that are designed to intervene when certain conditions, and 
only those conditions, exist. NHTSA believes that the critical 
relationship between the safety of a vehicle's design and the vehicle's 
decision-making system similarly makes it necessary to evaluate the 
safety of automated vehicle performance in light of appropriate and 
well-defined Operational Design Domains. For example, if a vehicle is 
capable of safely operating automatically only at speeds below 30 mph, 
NHTSA might consider whether it would be appropriate to require that 
the vehicle be designed so that it cannot operate automatically at 
speeds of 30 mph or more unless and until it acquires the capability 
(e.g., through software updates) of safely operating automatically 
above that speed. Similarly, if a vehicle would become incapable of 
operating safely if one or more of its sensors became non-functional, 
NHTSA might consider whether it would be appropriate to require that 
the vehicle be designed so that it cannot operate automatically in 
those circumstances.
    State and local authorities also have a role to play. Through 
establishing and enforcing their rules of the road, these authorities 
have traditionally controlled such operational matters as the speed at 
which vehicles may be driven and the condition of certain types of 
safety equipment such as head and tail lights. In the future, it is 
reasonable to expect that these authorities may establish new rules of 
the road to address ADS vehicles specifically. While NHTSA might 
require the manufacturers of these vehicles to design them so that 
their vehicles know the State and locality in which they are operating 
and what the rules of the road are for that location and so that they 
observe those rules, the States and localities would enforce those 
rules if broken.
    Question 8. How should the Operational Design Domains of individual 
vehicle models be defined and reinforced and how should Federal, State 
and local authorities work together to ensure that they are observed?
4. Data and Reporting
    The purpose of a pilot program is to allow for safe on-road testing 
and on-road learning in order to provide feedback for further safe 
development. An important element of any pilot program is the creation, 
sharing and appropriate use of performance data to allow constant 
improvement to the test technology and improved risk management.
    NHTSA believes that the novel challenge of assessing the safety of 
the emerging technologies in vehicles with high and full driving 
automation requires a commitment to timely and accurate data reporting 
and analysis.
    Question 9. What type and amount of data should participants be 
expected to share with NHTSA and/or with the public for the safe 
testing of vehicles with high and full driving automation and how 
frequently should the sharing occur?
    Question 10. In the design of a pilot program, how should NHTSA 
address the following issues--
    a. confidential business information?
    b. privacy?
    c. data storage and transmission?
    d. data retention and reporting?
    e. other elements necessary for testing and deployment?
5. Additional Considerations in Pilot Program Design
    NHTSA seeks comments on whether there are additional critical areas 
to consider in the design of a safe pilot program for the testing and 
deployment of vehicles with high and full driving automation.
    Question 11. In the design of a pilot program, what role should be 
played by--
    a. The 12 safety elements listed in A Vision for Safety?
    b. The elements listed below,
    i. Failure risk analysis and reduction during design process 
(functional safety)?
    ii. Objective performance criteria, testable scenarios and test 
procedures for evaluating crash avoidance performance of vehicles with 
high and full driving automation?
    iii. Third party evaluation?
    A. Failure risk reduction?
    B. Crash avoidance performance of vehicles with high and full 
driving automation?
    iv. Occupant/non-occupant protection from injury in the event of a 
crash (crashworthiness)?
    v. Assuring safety of software updates?
    vi. Consumer education?
    vii. Post deployment Agency monitoring?
    viii. Post-deployment ADS updating, maintenance and recalibration?
    c. Are there any other elements that should be considered?
    Question 12. Are there any additional critical areas to consider in 
the design of a safe pilot program for the testing and deployment of 
vehicles with high and full driving automation?
6. Issues Relating To Establishing a Pilot Program
    In addition to the general issues identified above, NHTSA requests 
comment on the following questions related to the development of the 
potential pilot program.
i. Applications for Participation and Potential Terms of Participation
    Question 13. Which of the following matters should NHTSA consider 
requiring parties that wish to participate in the pilot program to 
address in their applications?

[[Page 50880]]

    a. ``Safety case'' for vehicles to be used in the pilot program 
(e.g., system safety analysis (including functional safety analysis), 
demonstration of safety capability based on objective performance 
criteria, testable scenarios and test procedures, adherence to NHTSA's 
existing voluntary guidance, including the submission of a voluntary 
safety self-assessment, and third party review of those materials).
    i. What methodology should the Agency use in assessing whether an 
exempted ADS vehicle would offer a level of safety equivalent to that 
of a nonexempted vehicle? For example, what methodology should the 
Agency use in assessing whether an ADS vehicle steers and brakes at 
least as effectively, appropriately and timely as an average human 
driver?
    b. Description of research goals, methods, objectives, and expected 
results.
    c. Test design (e.g., route complexity, weather and related road 
surface conditions, illumination and institutional review board 
assessment).
    d. Considerations for other road users (e.g., impacts on vulnerable 
road users and proximity of such persons to the vehicle).
    e. Reporting of data, e.g., reporting of crashes/incidents to NHTSA 
within 24 hours of their occurrence.
    f. Recognition that participation does not negate the Agency's 
investigative or enforcement authority, e.g., independent of any 
exemptions that the Agency might issue to program participants and 
independent of any terms that the Agency might establish on those 
exemptions, the Agency could conduct defect investigations and order 
recalls of any defective vehicles involved in the pilot program. 
Further, the Agency could investigate the causes of crashes of vehicles 
involved in the program.
    g. Adherence to recognized practices for standardizing the 
gathering and reporting of certain types of data in order to make 
possible the combining of data from different sources and the making of 
statistically stronger findings.
    h. For which types of data would standardization be necessary in 
order to make such findings and why?
    i. To what extent would standardization be necessary for those 
types?
    j. Occupant/non-occupant protection from injury in the event of a 
crash (crashworthiness).
    k. Assuring safety of software updates.
    l. Consumer education.
    m. Post-deployment monitoring.
    n. Post-deployment maintenance and calibration considerations.
    Question 14. What types of terms and conditions should NHTSA 
consider attaching to exemptions to enhance public safety and 
facilitate the Agency's monitoring and learning from the testing and 
deployment, while preserving the freedom to innovate, including terms 
and conditions for each of the subjects listed in question 13? What 
other subjects should be considered, and why?
ii. Potential Categories of Data To Be Provided by Program Participants
    Question 15. What value would there be in NHTSA's obtaining one or 
more of the following potential categories of data from the 
participants in the pilot program? Are there other categories of data 
that should be considered? How should these categories of data be 
defined?
    a. Statistics on use (e.g., for each functional class of roads, the 
number of miles, speed, hours of operation, climate/weather and related 
road surface conditions).
    b. Statistics and other information on outcome (e.g., type, number 
and cause of crashes or near misses, injuries, fatalities, 
disengagements, and transitions to fallback mechanisms, if 
appropriate).
    c. Vehicle/scene/injury/roadway/traffic data and description for 
each crash or near miss (e.g., system status, pre-crash information, 
injury outcomes).
    d. Sensor data from each crash or near miss (e.g., raw sensor data, 
perception system output, and control action).
    e. Mobility performance impacts of vehicles with high and full 
driving automation, including string stability of multiple consecutive 
ADS vehicles and the effects of ADS on vehicle spacing, which could 
ultimately impact flow safety, and public acceptance.
    f. Difficult scenarios (e.g., scenarios in which the system gave 
control back to an operator or transitioned to its safe state by, for 
example, disabling itself to a slow speed or stopped position).
    g. Software updates (e.g., reasons for updates, extent to which 
updates are made to each vehicle for which the updates are intended, 
effects of updates).
    h. Metrics that the manufacturer is tracking to identify and 
respond to progress (e.g., miles without a crash and software updates 
that increase the operating domain).
    i. Information related to community, driver and pedestrian 
awareness, behavior, concerns and acceptance related to vehicles with 
high and full driving automation operation. For example, if vehicles 
with high and full driving automation operated only in limited defined 
geographic areas, might that affect the routing choices of vehicles 
without high and full driving automation? For another example, if 
vehicles with high and full driving automation are programmed to cede 
right of way to avoid collision with other vehicles and with 
pedestrians and cyclists, might some drivers of vehicles without such 
automation, pedestrians and cyclists take advantage of this fact and 
force vehicles with high and full driving automation to yield to them?
    j. Metrics or information concerning the durability of the ADS 
equipment and calibration, and need for maintenance of the ADS.
    k. Data from ``control groups'' that could serve as a useful 
baseline against which to compare the outcomes of the vehicle 
participating in the pilot program.
    l. If there are other categories of data that should be considered, 
please identify them and the purposes for which they would be useful to 
the Agency in carrying out its responsibilities under the Act.
    m. Given estimates that vehicles with high and full driving 
automation would generate terabytes of data per vehicle per day, how 
should the need for data be appropriately balanced with the burden on 
manufacturers of providing it and the ability of the Agency to absorb 
and use it effectively?
    n. How would submission of a safety assurance letter help to 
promote public safety and build public confidence and acceptance?
    o. For all of the above categories of information, how should the 
Agency handle any concerns about confidential business information and 
privacy?

B. Use of Exemptions To Provide Regulatory Relief for Pilot Program 
Participants

    As discussed above, NHTSA has several means to provide regulatory 
relief for vehicles with high and full driving automation whose 
innovative designs make compliance with existing regulations 
impracticable or impossible. In this document, the Agency has outlined 
and requested comment on a potential pilot program for these vehicles, 
to encourage and facilitate the necessary research and data to ensure 
their safe deployment and allow NHTSA to determine how to appropriately 
evaluate and regulate these vehicles.
    As part of this pilot program, NHTSA is considering what effect 
participation in the pilot program could have on the exemption process 
and vice versa.
    Question 16. How should the Agency analyze safety in deciding 
whether to

[[Page 50881]]

grant such exemptions under each of the separate bases for exemptions 
in section 30113? Can the exemption process be used to facilitate safe 
and effective ADS development in an appropriate manner?
    Question 17. Could a single pilot program make use of multiple 
statutory sources of exemptions or would different pilot programs be 
needed, one program for each source of exemption?
    Question 18. To what extent would NHTSA need to implement the 
program via new regulation or changes to existing regulation? 
Conversely, could NHTSA implement the program through a non-regulatory 
process? Would the answer to that question change based upon which 
statutory exemption provision the agency based the program on?
1. Exemptions From Prohibitions Concerning Noncompliant Vehicles Under 
Section 30113
    Section 30112, except as otherwise provided, e.g., under sections 
30113 and 30114, prohibits any person from manufacturing for sale, 
selling, offering for sale, introducing or delivering for introduction 
in interstate commerce, or importing into the United States, any motor 
vehicle or motor vehicle equipment manufactured on or after the date an 
applicable FMVSS takes effect unless the vehicle or equipment complies 
with the standard and is covered by a certification issued under 
section 30115 of the Act.\24\ Under section 30113, upon application by 
a vehicle manufacturer, NHTSA may exempt, on a temporary basis, motor 
vehicles from a FMVSS, on terms the Agency considers appropriate, if it 
finds that--
---------------------------------------------------------------------------

    \24\ 49 U.S.C. 30112(a)(1).
---------------------------------------------------------------------------

    (a) an exemption is consistent with the public interest and this 
chapter or chapter 325 of this title (as applicable); and either
    (b)
    (i) compliance with the standard would cause substantial economic 
hardship to a manufacturer that has tried to comply with the standard 
in good faith;
    (ii) the exemption would make easier the development or field 
evaluation of a new motor vehicle safety feature providing a safety 
level at least equal to the safety level of the standard;
    (iii) the exemption would make the development or field evaluation 
of a low-emission motor vehicle easier and would not unreasonably lower 
the safety level of that vehicle; or
    (iv) compliance with the standard would prevent the manufacturer 
from selling a motor vehicle with an overall safety level at least 
equal to the overall safety level of nonexempt vehicles.\25\
---------------------------------------------------------------------------

    \25\ 49 U.S.C. 30113.
---------------------------------------------------------------------------

    A manufacturer is eligible for an economic hardship exemption only 
if the manufacturer's total motor vehicle production in the most recent 
year of production is not more than 10,000. An economic hardship 
exemption can be granted for not more than 3 years, although it can be 
renewed. Any manufacturer, regardless of its total production, is 
eligible for an exemption on the other three bases listed in the 
paragraph immediately above, but only if the exemption is for not more 
than 2,500 vehicles to be sold in the United States in any 12-month 
period. Exemptions on these three bases may be granted for not more 
than 2 years and can be renewed.
    Over the years, NHTSA has granted numerous exemptions under the 
``substantial economic hardship'' criteria, but relatively few under 
the other three bases. This proportion may change in the future. The 
use of the other three bases for granting petitions for the exemption 
of vehicles with high and full driving automation may become 
increasingly important prior to the development of ADS-specific 
standards.
    Since the Act does not contain any prohibitions regarding the use 
of a motor vehicle, whether compliant or noncompliant, once a 
manufacturer receives an exemption from the prohibitions of section 
30112(a)(1), the use of those vehicles is controlled only to the extent 
that NHTSA sets terms on the exemption. Its authority to set terms is 
broad. Since the terms would be the primary means of ensuring the safe 
operation of those vehicles, the Agency would consider carefully what 
types of terms to establish. The manufacturer would need to agree to 
abide by the terms set for that exemption in order to begin and 
continue producing vehicles pursuant to that exemption. Thus, if NHTSA 
were to establish the collaborative pilot research program for such 
vehicles discussed in this document, it could establish, for example, 
reporting terms to ensure a continuing flow of information to the 
Agency during and after the period of exemption to meet the Agency's, 
as well as the manufacturer's, research needs. Since only a very small 
portion of the total mileage that the exempted vehicles could be 
expected to travel during their useful life would have been driven by 
the end of the exemption period, it might be desirable for the data to 
be reported over a longer period of time to enable the Agency to make 
sufficiently reliable judgements. Such judgments might include a 
retrospective review of the judgments that the Agency made, at the time 
of granting the petition, about the anticipated safety effects of the 
exemption. Regardless of the period specified for reporting, NHTSA 
could also establish terms to specify what the consequences would be if 
the flow of information were to cease or become inadequate during or 
after the exemption period. NHTSA's regulations in 49 CFR part 555 
provide that the Agency can revoke an exemption if a manufacturer fails 
to satisfy the terms of the exemption.
    Question 19. How could the exemption process in section 30113 be 
used to facilitate a pilot program? For vehicles with high and full 
driving automation that lack means of manual control, how should NHTSA 
consider their participation, including their continued participation, 
in the pilot program in determining whether a vehicle would meet the 
statutory criteria for an exemption under section 30113? More 
specifically:
    a. Would participation assist a manufacturer in showing that an 
exemption from a FMVSS would facilitate the development or field 
evaluation of a new motor vehicle safety feature providing a safety 
level at least equal to the safety level of the FMVSS, as required to 
obtain an exemption under section 30113(b)(ii)? If so, please explain 
how.
    b. Would participation assist a manufacturer in showing that 
compliance with the FMVSS would prevent the manufacturer from selling a 
motor vehicle with an overall safety level at least equal to the 
overall safety level of nonexempt vehicles, as required to obtain an 
exemption under section 30113(b)(iv)? If so, please explain how.
    c. The Agency requests comment on what role a pilot program could 
play in determining when to grant an exemption from the ``make 
inoperative'' prohibition under section 30122 for certain ``dual mode'' 
vehicles. Relatedly, what tools does NHTSA have to incentivize vehicles 
with high and full driving automation that have means of manual control 
and thus do not need an exemption to participate in the pilot program?
2. Exemptions From Prohibitions Concerning Noncompliant Vehicles Under 
Section 30114
    Next, under section 30114, the ``Secretary of Transportation may 
exempt a motor vehicle or item of motor vehicle equipment from section 
30112(a) of this title, on terms the Secretary decides are necessary, 
for

[[Page 50882]]

research, investigations, demonstrations, training, competitive racing 
events, show, or display.'' \26\ NHTSA has historically focused these 
types of exemptions on the noncompliant vehicles made outside the U.S. 
However, NHTSA is examining whether the language of section 30114 gives 
NHTSA the discretion to create a level playing field by expanding the 
coverage of exemption under that section to any vehicle, regardless of 
whether it is domestic or foreign, that meets the criteria of that 
section, particularly vehicles with high and full driving automation 
that do not meet existing standards and whose manufacturers are or seek 
to become engaged in research and demonstrations involving those 
vehicles. If so, NHTSA would be able to establish the terms with which 
a participant would need to comply in order to receive and continue to 
enjoy the benefits of an exemption. Such terms could include a wide 
variety of matters, including participation in a pilot program.
---------------------------------------------------------------------------

    \26\ 49 U.S.C. 30114.
---------------------------------------------------------------------------

    Question 20. What role could exemptions under section 30114 play in 
the pilot program? Could participation in the pilot program assist a 
manufacturer in qualifying for an exemption under section 30114? Could 
participation be considered part of the terms the Secretary determines 
are necessary to be granted an exemption under section 30114 for 
vehicles that are engaged in ``research, investigations, 
demonstrations, training, competitive racing events, show, or 
display''?
3. Exemption From Rendering Inoperative Prohibition
    Finally, NHTSA has related exemption authority with regard to the 
``make inoperative'' provision in its statute. Manufacturers, 
distributors, dealers, and motor vehicle repair businesses are 
prohibited from knowingly making inoperative any part of a device or 
element of design installed on or in a motor vehicle or motor vehicle 
equipment in compliance with an applicable FMVSS unless they reasonably 
believe the vehicle or equipment will not be used (except for testing 
or a similar purpose during maintenance or repair) when the device or 
element is inoperative.\27\
---------------------------------------------------------------------------

    \27\ 49 U.S.C. 30122(b).
---------------------------------------------------------------------------

    However, NHTSA may prescribe regulations to exempt a person or a 
class of persons from this prohibition if the Agency decides the 
exemption is consistent with motor vehicle safety and the purposes of 
the Act. For example, pursuant to that authority, NHTSA has exempted 
from the ``make inoperative'' prohibition,\28\ as a class, all motor 
vehicle repair businesses that modify a motor vehicle to enable a 
person with a disability to operate, or ride as a passenger in, the 
motor vehicle to the extent that those modifications affect the motor 
vehicle's compliance with the FMVSS or portions thereof specified in 
paragraph (c) of 49 CFR part 595. Such an exemption may be warranted 
for certain ``dual-mode'' vehicles, i.e., those that may be operated 
with or without a human driver and are designed to have mandated and/or 
regulated components, such as brake pedals, retract under specified 
conditions. Comments are invited on this issue.
---------------------------------------------------------------------------

    \28\ 49 U.S.C. 30122.
---------------------------------------------------------------------------

    Question 21. What role could a pilot program play in determining 
when to grant an exemption from the ``make inoperative'' prohibition 
under section 30122 for certain ``dual mode'' vehicles? Relatedly, what 
tools does NHTSA have to incentivize vehicles with high and full 
driving automation that have means of manual control and thus do not 
need an exemption to participate in the pilot program?
4. Other Potential Obstacles
    The Agency also wishes to better understand any other potential 
obstacles either to the development of the pilot program or vehicles 
with high and full driving automation more generally.
    Question 22. If there are any obstacles other than the FMVSS to the 
testing and development of vehicles with high and full driving 
automation, please explain what those are and what could be done to 
relieve or lessen their burdens. To the extent any tension exists 
between a Federal pilot program and State or local law, how can NHTSA 
better partner with State and local authorities to advance our common 
interests in the safe and effective testing and deployment of ADS 
technology?

IV. Confidentiality of Information Provided by Program Participants

    NHTSA recognizes that companies may be reluctant to share certain 
data or information with the Agency in connection with an exception, an 
exemption, or a pilot program because the data or information is 
proprietary. The Agency notes that 49 CFR part 512 sets forth the 
procedures and standards by which it will consider claims that 
information submitted to the Agency is entitled to confidential 
treatment under 5 U.S.C. 552(b), most often because the information 
constitutes confidential business information as described in 5 U.S.C. 
552(b)(4). Part 512 also addresses the treatment of information 
determined to be entitled to confidential treatment. Commercial or 
financial information is considered confidential if it is voluntarily 
submitted to the Agency and is the type of information that is 
customarily not released to the general public. The Agency is seeking 
information from interested parties on how it might further protect 
non-public information that the Agency might need in connection with an 
exemption or pilot program.

V. Next Steps

    The Agency wishes to re-emphasize that it has not made any 
decisions whether to establish a pilot program or how to structure such 
a program. After analyzing the public comments on this ANPRM and other 
available information, NHTSA will further assess the prospects for 
implementing a viable and effective program and identify the best 
approach to structuring one. Once it has done so, it will issue a 
notice, either an NPRM, if regulatory changes are determined to be 
necessary or a request for comment, if no regulatory changes are 
required, describing that approach and any promising alternative 
approaches and again seek public comment. After considering that second 
round of comments, the Agency will make a final decision about such a 
program in a final rule, if needed, or through another notice.

VI. Regulatory Notices

    This action has been determined to be significant under Executive 
Order 12866, as amended by Executive Order 13563, and the Department of 
Transportation's Regulatory Policies and Procedures. It has been 
reviewed by the Office of Management and Budget under that Order. 
Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) require agencies to 
regulate in the ``most cost-effective manner,'' to make a ``reasoned 
determination that the benefits of the intended regulation justify its 
costs,'' and to develop regulations that ``impose the least burden on 
society.'' Additionally, Executive Orders 12866 and 13563 require 
agencies to provide a meaningful opportunity for public participation. 
Accordingly, we have asked commenters to answer a variety of questions 
to elicit practical information about alternative approaches and 
relevant technical data. These comments will help the Department 
evaluate whether a proposed rulemaking is needed and appropriate. This 
action is not subject to the requirements of E.O. 13771 (82 FR 9339,

[[Page 50883]]

February 3, 2017) because it is an advance notice of proposed 
rulemaking.

VII. Public Comment

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 
arguments in a concise fashion so that the Agency and the public can 
more readily identify the more significant aspects of your comments. 
However, you may provide additional supporting arguments and relevant 
data by attaching necessary additional documents to your comments. 
There is no limit on the number or 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 
Comments. 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 document, 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 October 3, 2018, under authority 
delegated in 49 CFR part 1.95.
Heidi Renate King,
Deputy Administrator.
[FR Doc. 2018-21919 Filed 10-9-18; 8:45 am]
 BILLING CODE 4910-59-P



                                                 50872               Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules

                                                 eliminate drafting errors and ambiguity,                ENVIRONMENTAL PROTECTION                                 Additional instructions on
                                                 minimize potential litigation, and                      AGENCY                                                commenting or visiting the docket,
                                                 provide a clear legal standard for                                                                            along with more information about
                                                 affected conduct.                                       40 CFR Part 721                                       dockets generally, is available at http://
                                                                                                                                                               www.epa.gov/dockets.
                                                 11. Executive Order 12630: Evaluation                   [EPA–HQ–OPPT–2018–0649; FRL–9984–67]
                                                                                                                                                               FOR FURTHER INFORMATION CONTACT:
                                                 of Risk and Avoidance of Unanticipated
                                                                                                         RIN 2070–AB27                                            For technical information contact:
                                                 Takings                                                                                                       Kenneth Moss, Chemical Control
                                                   EPA has complied with Executive                       Significant New Use Rules on Certain                  Division (7405M), Office of Pollution
                                                 Order 12630 (53 FR 8859, March 18,                      Chemical Substances                                   Prevention and Toxics, Environmental
                                                 1988) by examining the takings                                                                                Protection Agency, 1200 Pennsylvania
                                                                                                         AGENCY:  Environmental Protection                     Ave. NW, Washington, DC 20460–0001;
                                                 implications of this action in                          Agency (EPA).                                         telephone number: (202) 564–9232;
                                                 accordance with the Attorney General’s                  ACTION: Proposed rule.                                email address: moss.kenneth@epa.gov.
                                                 Supplemental Guidelines for the
                                                                                                                                                                  For general information contact: The
                                                 Evaluation of Risk and Avoidance of                     SUMMARY:    EPA is proposing significant              TSCA-Hotline, ABVI-Goodwill, 422
                                                 Unanticipated Takings issued under the                  new use rules (SNURs) under the Toxic                 South Clinton Ave. Rochester, NY
                                                 executive order.                                        Substances Control Act (TSCA) for 28                  14620; telephone number: (202) 554–
                                                                                                         chemical substances which were the                    1404; email address: TSCA-Hotline@
                                                 12. Executive Order 12898: Federal                      subject of premanufacture notices
                                                 Actions To Address Environmental                                                                              epa.gov.
                                                                                                         (PMNs). The chemical substances are
                                                 Justice in Minority Populations and Low                 subject to Orders issued by EPA                       SUPPLEMENTARY INFORMATION:      In
                                                 Income Populations                                      pursuant to section 5(e) of TSCA. This                addition to this Notice of Proposed
                                                                                                         action would require persons who                      Rulemaking, EPA is issuing the action
                                                    Because this rulemaking proposes                                                                           as a direct final rule elsewhere in this
                                                                                                         intend to manufacture (defined by
                                                 authorization of pre-existing state rules                                                                     issue of the Federal Register. For further
                                                                                                         statute to include import) or process any
                                                 and imposes no additional requirements                                                                        information about the proposed
                                                                                                         of these 28 chemical substances for an
                                                 beyond those imposed by state law and                   activity that is designated as a                      significant new use rules, please see the
                                                 there are no anticipated significant                    significant new use by this rule to notify            information provided in the direct final
                                                 adverse human health or environmental                   EPA at least 90 days before commencing                action, with the same title, that is
                                                 effects, the proposed rule is not subject               that activity. The required notification              located in the ‘‘Rules and Regulations’’
                                                 to Executive Order 12898 (59 FR 7629,                   initiates EPA’s evaluation of the                     section of this issue of the Federal
                                                 February 16, 1994).                                     intended use within the applicable                    Register.
                                                 13. Executive Order 13771: Reducing                     review period. Persons may not                        List of Subjects in 40 CFR Part 721
                                                 Regulations and Controlling Regulatory                  commence manufacture or processing
                                                                                                         for the significant new use until EPA                   Environmental protection, Chemicals,
                                                 Costs                                                                                                         Hazardous substances, Reporting and
                                                                                                         has conducted a review of the notice,
                                                   This action is not an Executive Order                 made an appropriate determination on                  recordkeeping requirements.
                                                 13771 (82 FR 9339, February 3, 2017)                    the notice, and has taken such actions                  Dated: October 1, 2018.
                                                 regulatory action because actions such                  as are required with that determination.              Jeffery T. Morris,
                                                 as today’s final authorization of                       In addition to this Notice of Proposed                Director, Office of Pollution Prevention and
                                                 Michigan’s revised hazardous waste                      Rulemaking, EPA is issuing the action                 Toxics.
                                                 management program under RCRA are                       as a direct final rule elsewhere in this              [FR Doc. 2018–21870 Filed 10–9–18; 8:45 am]
                                                 exempted under Executive Order 12866.                   issue of the Federal Register.                        BILLING CODE 6560–50–P
                                                                                                         DATES: Comments must be received on
                                                 List of Subjects in 40 CFR Part 271                     or before November 9, 2018.
                                                   Environmental Protection;                             ADDRESSES: Submit your comments,                      DEPARTMENT OF TRANSPORTATION
                                                 Administrative practice and procedure,                  identified by docket identification (ID)
                                                                                                         number EPA–HQ–OPPT–2018–0649, by                      National Highway Traffic Safety
                                                 Confidential business information,                                                                            Administration
                                                 Hazardous materials transportation,                     one of the following methods:
                                                 Hazardous waste, Indians-lands,                            • Federal eRulemaking Portal: http://
                                                                                                         www.regulations.gov. Follow the online                49 CFR Parts 555, 571 and 591
                                                 Intergovernmental relations, Penalties,
                                                                                                         instructions for submitting comments.                 [Docket No. NHTSA–2018–0092]
                                                 Reporting and recordkeeping
                                                                                                         Do not submit electronically any
                                                 requirements.                                           information you consider to be                        RIN 2127–AL99
                                                   Authority: 42 U.S.C. 6905, 6912(a), 6926,             Confidential Business Information (CBI)
                                                 and 6939g.
                                                                                                                                                               Pilot Program for Collaborative
                                                                                                         or other information whose disclosure is
                                                                                                                                                               Research on Motor Vehicles With High
                                                   Dated: September 18, 2018.                            restricted by statute.
                                                                                                                                                               or Full Driving Automation
                                                                                                            • Mail: Document Control Office
                                                 Cathy Stepp,
                                                                                                         (7407M), Office of Pollution Prevention               AGENCY: National Highway Traffic
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 Regional Administrator, Region 5.                       and Toxics (OPPT), Environmental                      Safety Administration (NHTSA),
                                                 [FR Doc. 2018–21883 Filed 10–9–18; 8:45 am]             Protection Agency, 1200 Pennsylvania                  Department of Transportation (DOT).
                                                 BILLING CODE 6560–50–P                                  Ave. NW, Washington, DC 20460–0001.                   ACTION: Advance notice of proposed
                                                                                                            • Hand Delivery: To make special                   rulemaking (ANPRM).
                                                                                                         arrangements for hand delivery or
                                                                                                         delivery of boxed information, please                 SUMMARY:  NHTSA is seeking public
                                                                                                         follow the instructions at http://                    comment on matters related to the near-
                                                                                                         www.epa.gov/dockets/contacts.html.                    term and long-term challenges of


                                            VerDate Sep<11>2014   16:48 Oct 09, 2018   Jkt 247001   PO 00000   Frm 00013   Fmt 4702   Sfmt 4702   E:\FR\FM\10OCP1.SGM   10OCP1


                                                                     Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules                                             50873

                                                 Automated Driving Systems (ADS)                            By developing a robust record of the               FOR FURTHER INFORMATION CONTACT:
                                                 testing, development and eventual                       answers to these important questions,                   For research and pilot program issues:
                                                 deployment. ADS testing and                             NHTSA expects to learn more about the                 Dee Williams, Office of Vehicle Safety
                                                 development are already underway in                     progress of ADS and the ways in which                 Research, (202) 366–8537,
                                                 several areas of the United States. As                  the Agency can facilitate safe and                    Dee.Williams@dot.gov, National
                                                 technology evolves and in anticipation                  efficient ADS testing and deployment                  Highway Traffic Safety Administration,
                                                 of requests to test and further develop                 for the benefit of individual consumers               1200 New Jersey Avenue SE,
                                                 high and full ADS, including those in                   and the traveling public as a whole.                  Washington, DC 20590–0001.
                                                 vehicles without traditional controls                   DATES: Comments on this document are                    For legal issues: Stephen Wood,
                                                 necessary for a human driver, NHTSA is                  due no later than November 26, 2018.                  Assistant Chief Counsel, Vehicle
                                                 issuing this ANPRM to obtain public                                                                           Rulemaking and Harmonization, Office
                                                                                                         ADDRESSES: Comments must be
                                                 comments on the factors and structure                                                                         of Chief Counsel, 202–366–2992, email
                                                                                                         identified by Docket Number NHTSA–
                                                 that are appropriate for the Agency to                                                                        steve.wood@dot.gov, National Highway
                                                                                                         2018–0092 and may be submitted using
                                                 consider in designing a national pilot                                                                        Traffic Safety Administration, 1200 New
                                                                                                         any of the following methods:
                                                 program that will enable it to facilitate,                                                                    Jersey Avenue SE, Washington, DC
                                                                                                            • Federal eRulemaking Portal: http://
                                                 monitor and learn from the testing and                                                                        20590–0001.
                                                                                                         www.regulations.gov. Follow the online
                                                 development of the emerging advanced                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                         instructions for submitting comments.
                                                 vehicle safety technologies and to assure                  • Mail: Docket Management Facility,                Table of Contents
                                                 the safety of those activities.                         U.S. Department of Transportation,
                                                    The Agency seeks these comments                                                                            I. Background and Overview
                                                                                                         Room W12–140, 1200 New Jersey                         II. NHTSA’s Safety Mission, Authority and
                                                 from interested stakeholders, including                 Avenue, SE, Washington, DC 20590–                           Programmatic Needs With Respect to
                                                 State and local authorities, companies,                 0001.                                                       ADS
                                                 researchers, safety advocates and other                    • Hand Delivery or Courier: West                      A. NHTSA Has Authority Over All Aspects
                                                 experts interested in, engaged in or                    Building, Ground Floor, Room W12–                           of ADS
                                                 planning to become engaged in the                       140, 1200 New Jersey Avenue SE,                          B. NHTSA’s Flexibility To Develop and
                                                 design, development, testing, and                       Washington, DC, between 9 a.m. and 5                        Implement Non-Traditional Standards
                                                 deployment of motor vehicles with high                                                                              for ADS
                                                                                                         p.m. E.T., Monday through Friday,
                                                 and full driving automation. The                                                                                 C. Research Is Needed To Generate Data on
                                                                                                         except Federal holidays.                                    ADS
                                                 Agency also seeks comments from road                       • Fax: 1–202–493–2251.                                D. Regulatory Relief May Be Needed To
                                                 users, including vehicle drivers and                       Regardless of how you submit your                        Facilitate Research Involving Vehicles
                                                 passengers, cyclists and pedestrians.                   comments, you must include the docket                       With High and Full Driving Automation
                                                    More specifically, NHTSA requests                    number identified in the heading of this                 E. A Pilot Program Could Provide Relief
                                                 comments on the following topics                        document. Note that all comments                            and Promote Research on Ads
                                                 related to ADS safety research. First,                  received, including any personal                      III. Pilot Program for the Safe Testing and
                                                 NHTSA seeks comments on potential                       information provided, will be posted                        Deploying of Vehicles With High and
                                                                                                                                                                     Full Driving Automation
                                                 factors that should be considered in                    without change to http://                                A. Considerations in Designing a Pilot
                                                 designing a pilot program for the safe                  www.regulations.gov. Please see the                         Program
                                                 on-road testing and deployment of                       ‘‘Privacy Act’’ heading below.                           1. Vehicle Design for Safe Operation
                                                 vehicles with high and full driving                        You may call the Docket Management                    2. Vehicle Design for Risk Mitigation
                                                 automation and associated equipment.                    Facility at 202–366–9826.                                3. Vehicle Design Safety Elements
                                                 Second, the Agency seeks comments on                       Docket: For access to the docket to                   4. Data and Reporting
                                                 the use of existing statutory provisions                read background documents or                             5. Additional Considerations in Pilot
                                                 and regulations to allow for the                        comments received, go to http://                            Program Design
                                                 implementation of such a pilot program.                                                                          6. Issues Relating To Establishing a Pilot
                                                                                                         www.regulations.gov or the street
                                                                                                                                                                     Program
                                                 Third, the Agency seeks comment on                      address listed above. We will continue                   i. Applications for Participation and
                                                 any additional elements of regulatory                   to file relevant information in the                         Potential Terms of Participation
                                                 relief (e.g., exceptions, exemptions, or                Docket as it becomes available.                          ii. Potential Categories of Data To Be
                                                 other potential measures) that might be                    Privacy Act: In accordance with 5                        Provided by Program Participants
                                                 needed to facilitate the efforts to                     U.S.C. 553(c), DOT solicits comments                     B. Use of Exemptions To Provide
                                                 participate in the pilot program and                    from the public to better inform its                        Regulatory Relief for Pilot Program
                                                 conduct on-road research and testing                    rulemaking process. DOT posts these                         Participants
                                                 involving these vehicles, especially                    comments, without edit, to                               1. Exemptions From Prohibitions
                                                                                                                                                                     Concerning Noncompliant Vehicles
                                                 those that lack controls for human                      www.regulations.gov, as described in                        Under Section 30113
                                                 drivers and thus may not comply with                    the system of records notice, DOT/ALL–                   2. Exemptions From Prohibitions
                                                 all existing safety standards. Fourth,                  14 FDMS, accessible through                                 Concerning Noncompliant Vehicles
                                                 with respect to the granting of                         www.dot.gov/privacy. In order to                            Under Section 30114
                                                 exemptions to enable companies to                       facilitate comment tracking and                          3. Exemption From Rendering Inoperative
                                                 participate in such a program, the                      response, we encourage commenters to                        Prohibition
                                                 Agency seeks comments on the nature                     provide their name, or the name of their                 4. Other Potential Obstacles
                                                 of the safety and any other analyses that               organization; however, submission of                  IV. Confidentiality of Information Provided
                                                                                                                                                                     by Program Participants
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 it should perform in assessing the merits               names is completely optional. Whether                 V. Next Steps
                                                 of individual exemption petitions and                   or not commenters identify themselves,                VI. Regulatory Notices
                                                 on the types of terms and conditions it                 all timely comments will be fully                     VII. Public Comment
                                                 should consider attaching to exemptions                 considered. If you wish to provide
                                                 to protect public safety and facilitate the             comments containing proprietary or                    I. Background and Overview
                                                 Agency’s monitoring and learning from                   confidential information, please contact                 As the Federal agency charged with
                                                 the testing and deployment, while                       the agency for alternate submission                   improving motor vehicle safety through
                                                 preserving the freedom to innovate.                     instructions.                                         reducing crashes, and preventing deaths


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                                                 50874                     Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules

                                                 and injuries from crashes, NHTSA is                               implementation of ADS vehicle                          The purpose of this ANPRM is to
                                                 encouraged by the new ADS vehicle                                 technologies on our Nation’s roadways,               obtain public views and suggestions for
                                                 technologies being developed and                                  NHTSA believes it is prudent to                      steps that NHTSA can take to facilitate,
                                                 implemented by automobile                                         facilitate the conducting of research and            monitor and learn from on-road research
                                                 manufacturers and other innovators.                               gathering of data about these new and                through the safe testing and eventual
                                                 NHTSA anticipates that automation can                             developing technologies in their various             deployment of high and full automated
                                                 serve a vital safety role on our Nation’s                         iterations and configurations. Thus,                 vehicles, i.e., Level 4 and 5 1 ADS
                                                 roads, particularly since human error                             NHTSA is seeking comment on creating                 vehicles, primarily through a pilot
                                                 and choice are currently the critical                             a national ADS vehicle pilot program for             program.
                                                 factors behind the occurrence of a large                          the testing of vehicles and associated
                                                 number of crashes. ADS vehicle                                    equipment and to gather data from such                 To explain these levels of automation
                                                 technologies possess the potential to                             testing, including data generated in real-           and put them in context with the other
                                                 save thousands of lives, as well as                               world scenarios. NHTSA anticipates                   levels defined by SAE (Society of
                                                 reduce congestion, enhance mobility,                              that this data will provide information              Automotive Engineers) International in
                                                 and improve productivity.                                         needed to help realize the promises and              Table 1 of SAE J3016,2 the Agency
                                                   To aid in determining how best to                               meet the challenges of ADS vehicle                   provides the following simplified
                                                 foster the safe development and                                   development and deployment.                          description of the full array of levels:

                                                            Level of automation                          What does the vehicle do, what does the human driver/occupant do, and when and where do they do it?

                                                 Level 0 ............................................   No Automation of driving task: While the vehicle may provide warnings (e.g., forward collision warning and
                                                                                                          blind-spot warning), the human driver must in all conditions and at all times perform all aspects of the
                                                                                                          driving task like monitoring the driving environment, steering, braking and accelerating.
                                                 Level 1 ............................................   Driver Assistance: The vehicle may have some features that can automatically assist the human driver
                                                                                                          with either steering (e.g., lane keeping assist) or braking/accelerating (e.g., adaptive cruise control), but
                                                                                                          not with both simultaneously. The human driver performs all other aspects of the driving task like moni-
                                                                                                          toring the driving environment, steering, braking and accelerating.
                                                 Level 2 ............................................   Partial Driving Automation: The vehicle has combined automated functions, like speed control and steering
                                                                                                          simultaneously, but the driver must remain engaged with the driving task by controlling the other ele-
                                                                                                          ments of driving, monitoring the driving environment at all times, and being ready to take over imme-
                                                                                                          diately if conditions exceed the capabilities of the vehicle’s automated functions.
                                                 Level 3 ............................................   Conditional Driving Automation: The vehicle can perform most aspects of the driving task, including moni-
                                                                                                          toring the driving environment and making decisions, under some conditions (e.g., speeds under a set
                                                                                                          threshold). The presence of a human driver is still a necessity, but is not required to monitor the driving
                                                                                                          environment when the ADS is engaged and operating in those conditions. The driver must always be
                                                                                                          ready to intervene and take control of the vehicle when the ADS gives the driver notice to do so or the
                                                                                                          vehicle experiences a driving-task-related failure.
                                                 Level 4 ............................................   High Driving Automation: The vehicle can perform most aspects of the driving task under certain conditions
                                                                                                          without the involvement of or oversight by a human driver. Outside of those conditions, the vehicle will
                                                                                                          enter a safe fallback mode if a human occupant does not resume control. The vehicle may or may not
                                                                                                          be designed to allow a human occupant to assume control.
                                                 Level 5 ............................................   Full Driving Automation: The vehicle can perform all aspects of the driving task at all times and under all
                                                                                                          conditions. While the human occupants need to set the trip destination and start the ADS, they need
                                                                                                          never be involved in any aspects of the driving task. The vehicle may or may not be designed to allow a
                                                                                                          human occupant to assume control.



                                                    This ANPRM is the latest effort by                               In a separate notice published in                  FMVSS depend on the presence of such
                                                 DOT and NHTSA to address issues                                   January 2018,3 the Agency took the next              things as a human test driver who can
                                                 relating to the testing and deployment of                         step by publishing a request for public              follow test instructions or a steering
                                                 vehicles with high and full driving                               comments to identify any regulatory                  wheel that can be used by an automated
                                                 automation. Automated Driving Systems                             barriers in the existing Federal motor               steering mechanism. In addressing all of
                                                 2.0: A Vision for Safety (‘‘A Vision for                          vehicle safety standards (FMVSS) to the              these issues, the Agency’s focus will be
                                                 Safety’’), issued by DOT in September                             testing, compliance certification and                on ensuring the maintenance of
                                                 2017, included guidance to                                        compliance verification of automated                 currently required levels of safety
                                                 manufacturers and other entities seeking                          motor vehicles. In that notice, NHTSA                performance.
                                                 to document for themselves how they                               focused primarily, but not exclusively,                This ANPRM focuses on the related
                                                 are addressing safety. It further outlined                        on vehicles with certain unconventional              question of how the Agency can best
                                                 a summary document that they could                                interior designs, such as those that lack            encourage and facilitate the necessary
                                                 use to disclose their voluntary safety                            controls for a human driver; e.g.,                   research to allow for the development
                                                 self-assessments to the public in order                           steering wheel, brake pedal or                       and establishment, as needed, of
                                                 to describe to the public, to                                     accelerator pedal. The absence of                    standards for ADS vehicles, including
                                                                                                                   manual driving controls, and thus of a               vehicles that have unconventional
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                                                 stakeholders, and to Federal, State and
                                                 local governments the manufacturers’                              human driver, poses potential barriers               designs, can operate in ‘‘dual modes’’
                                                                                                                   to testing, compliance certification and             (one of which may involve
                                                 approach to assuring safe testing and
                                                                                                                   compliance verification. Further, the                unconventional designs), and can
                                                 development.
                                                                                                                   compliance test procedures of some                   comply with the existing FMVSS.
                                                   1 See   table below for explanations of these terms.              2 SAE J3016_201806 Taxonomy and Definitions          3 83   FR 2607, January 18, 2018.
                                                                                                                   for Terms Related to Driving Automation Systems
                                                                                                                   for On-Road Motor Vehicles.



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                                                                          Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules                                                    50875

                                                   NHTSA believes that in order to                         means. More specifically, the Agency                    Hardware and software components are
                                                 anticipate, identify and address                          carries out its vehicle safety mission by:              also at the heart of each building block
                                                 potential safety concerns and realize the                    • Collecting real world data on the                  technology for vehicle automation and
                                                 full promise of ADS, it is vital that the                 safety of motor vehicles and items of                   are indispensable to the combining of
                                                 developers of vehicles with high and                      motor vehicle equipment;                                the technologies in ADS vehicles.
                                                 full driving automation have broad                           • Conducting safety research;                           As technology has evolved, NHTSA
                                                 opportunities to gain practical, real                        • Setting FMVSS for new motor                        has responded to Congressional
                                                 world experience, in locations of their                   vehicles and motor vehicle equipment                    mandates to use its authority to specify
                                                 choosing, with different approaches to,                   (to which manufacturers must certify                    how and when the hardware
                                                 and combinations of, hardware and                         compliance before sale or introduction                  components of electronic systems such
                                                 software in order to learn which                          into interstate commerce).                              as air bags, anti-lock braking systems
                                                 approaches and combinations offer the                        • Enforcing compliance with the                      and electronic stability control systems
                                                 greatest levels of safety and reliability.                standards;                                              must activate and perform. This
                                                 Simulated testing, or testing in                             • Investigating and overseeing the                   approach gives manufacturers freedom
                                                 laboratory or other controlled settings is                recall and remedy of noncompliant                       to develop the software components
                                                 very beneficial, but NHTSA also                           products and products containing                        needed to control the performance of
                                                 recognizes the importance of preparing                    safety-related defects;                                 each system’s hardware components.
                                                 for a world in which ADS vehicles                            • Communicating with and educating                   NHTSA has also repeatedly exercised its
                                                 operate on a broad scale on our Nation’s                  the public about motor vehicle safety                   authority under the Act when the
                                                 roads under a vast array of complex and                   issues through comparative performance                  software and/or hardware components
                                                 changing road, traffic and weather                        ratings and other means; and                            of computerized electronics have been
                                                 conditions. ADS must be able to operate                      • Issuing guidance for vehicle and                   the subject of safety defect recall and
                                                 in and adapt to such conditions, just as                  equipment manufacturers to follow on                    remedy campaigns. Software updates
                                                 human drivers must when driving their                     important issues affecting safety.                      have been the remedy for software
                                                 vehicles today. On-the-road testing and                      In addition, NHTSA works with State                  found to contain a safety defect.8
                                                 evaluation of ADS vehicles will be                        highway safety agencies and other                          NHTSA is also authorized to regulate
                                                 critical to the successful development                    partners under the Highway Safety Act                   certain other software, specifically,
                                                 and integration of these vehicles into                    to encourage the safe behavior of                       software that has functionality similar to
                                                 the roads and highways throughout the                     drivers, occupants, cyclists, and                       that of the software in either a vehicle
                                                 country.                                                  pedestrians across the country.                         manufacturer’s key fob/smart key or
                                                   Based on the foregoing, NHTSA is                                                                                even some of the systems integrated into
                                                                                                           A. NHTSA Has Authority Over All                         some current vehicles.9 Some of this
                                                 considering the establishment of a
                                                                                                           Aspects of ADS Design                                   software, e.g., that for remotely starting
                                                 national pilot research program. The
                                                 Agency emphasizes that it has not made                      NHTSA’s authority over ADS is broad                   a vehicle’s engine, affects motor vehicle
                                                 any decisions whether to establish a                      and clear. The Act obligates NHTSA to                   systems only when the vehicles are
                                                 pilot program or how to structure one.                    regulate the safety of motor vehicles and               parked, i.e., in circumstances called
                                                 For this reason, it cannot currently                      motor vehicle equipment.5 ‘‘Motor                       ‘‘nonoperational’’ safety. Other software,
                                                 estimate the timing, cost or duration of                  vehicle equipment’’ is defined broadly                  e.g., forward crash warning and remote
                                                 a pilot program. After analyzing the                      enough to include both tangible                         automated parking systems, affects
                                                 public comments on this ANPRM and                         components, e.g., hardware, and                         motor vehicles when they are moving,
                                                 other available information, NHTSA                        intangible components, e.g., software, of               i.e., ‘‘operational’’ safety. The Act’s
                                                 will further assess the prospects for                     modern electronic motor vehicle                         definition of ‘‘motor vehicle safety’’
                                                 implementing a viable and effective                       systems.6 Both types of components,                     encompasses both aspects of safety.10
                                                 program and identify the best approach                    working in combination, are
                                                                                                                                                                   B. NHTSA’s Flexibility To Develop and
                                                 to structuring one.                                       indispensable to the functioning of
                                                                                                                                                                   Implement Non-Traditional Standards
                                                                                                           modern vehicle electronic systems and                   for ADS
                                                 I. NHTSA’s Safety Mission, Authority,                     critical to the future safety of the motor
                                                 and Programmatic Needs With Respect                       vehicle occupants, cyclists and                           NHTSA’s primary exercise of its
                                                 to ADS                                                    pedestrians.7 Indeed, without their                     regulatory authority involves the
                                                    NHTSA, an operating administration                     software components, these electronic                   development and establishment of the
                                                 within DOT, was established, as a                         systems would not be systems; instead,                  FMVSS.11 Under the Act, NHTSA’s
                                                 successor to the National Highway                         they would be nonfunctional
                                                                                                                                                                      8 To find vehicle safety recalls involving software,
                                                 Safety Bureau, by the Highway Safety                      assemblages of hardware components.
                                                                                                                                                                   search for ‘‘software’’ in the monthly NHTSA
                                                 Act of 1970 to carry out safety programs                                                                          recalls reports on the following web page, Monthly
                                                 under the National Traffic and Motor                        5 49 U.S.C. 30111(a).                                 Reports: Recalls and Investigations, available at
                                                 Vehicle Safety Act of 1966 (‘‘the Act’’)                    6 49 U.S.C. 30102(a)(6) and (7).                      https://www-odi.nhtsa.dot.gov/recalls/
                                                 and the Highway Safety Act of 1966.                         7 Transportation Research Board Special Report        monthlyreports.cfm. See also May 2016 report by
                                                                                                           308, The Safety Promise and Challenge of                J.D. Power that it had conducted an analysis of
                                                 The Act directs the Department of                                                                                 recalls under the Act showing that ‘‘(t)o date, 189
                                                                                                           Automotive Electronics: Insights from Unintended
                                                 Transportation ‘‘(1) to prescribe motor                   Acceleration, 2012. The Board is part of the            separate software recalls have been issued in the
                                                 vehicle safety standards for motor                        National Research Council which is, in turn, part       past 5 years, affecting more than 13 million
                                                 vehicles and motor vehicle equipment                      of the National Academies. This report describes        vehicles. According to manufacturer analyses, 141
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                                                                                                           the challenges presented by electronic systems and      presented a risk of crashing; 44 could have resulted
                                                 in interstate commerce; and (2) to carry                                                                          in injury.’’ The results of this analysis may be found
                                                                                                           what the report terms their ‘‘hardware components’’
                                                 out needed safety research and                            and ‘‘software components.’’ (P. 87). It is available   at http://www.jdpower.com/cars/articles/safety-
                                                 development.’’ 4                                          on a number of online sites, including http://          and-mpg/record-numbers-software-complaints-and-
                                                    Its vehicle safety mission is to save                  onlinepubs.trb.org/onlinepubs/sr/sr308.pdf and          recalls-threaten-trust.
                                                                                                                                                                      9 49 U.S.C. 30102(a)(8).
                                                 lives and prevent injuries due to road                    https://www.nap.edu/catalog/13342/trb-special-
                                                                                                                                                                      10 49 U.S.C. 30102(a)(9).
                                                                                                           report-308-the-safety-challenge-and-promise-of-
                                                 traffic crashes through a variety of                      automotive-electronics and http://www.omg.org/             11 It is important to note that, even in the absence

                                                                                                           hot-topics/documents/Safety-Promise-and-                of standards, ADS-equipped vehicles must still be
                                                   4 49   U.S.C. 30101.                                    Challenge-of-Automotive-Electronics-TRB-2012.pdf.                                                    Continued




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                                                 50876                Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules

                                                 FMVSS must meet a variety of                             initiating rulemaking to conducting                   cutting-edge technology, as long as
                                                 requirements.12 They must be                             research to translating the research                  FMVSS performance mandates are
                                                 performance-oriented. They must be                       results into regulatory text to                       satisfied. This approach could allow for
                                                 practicable, both technologically and                    conducting and completing a notice and                testing and deployment of critical safety
                                                 economically. They must be objective,                    comment rulemaking. Further, the                      equipment without requiring time-
                                                 meaning that they must be capable of                     FMVSS of the future will need to be                   consuming regulatory amendments to
                                                 producing identical results when tests                   reconceptualized, developed and                       respond to changes in technology.
                                                 are conducted in identical conditions                    drafted so that they are nimbler, more
                                                                                                                                                                C. Research Is Needed To Generate Data
                                                 and compliance must be based on                          performance-oriented and thus more
                                                                                                                                                                on ADS
                                                 scientific measurements, not subjective                  accommodating of anticipated and
                                                 opinion. Finally, they must meet the                     continued rapid technological change                     In order to establish standards that
                                                 need for safety.                                         than has generally been the case for the              ensure safety without jeopardizing
                                                    The FMVSS can address all aspects                     FMVSS to date.                                        innovation, NHTSA must conduct
                                                 and phases of ensuring that new motor                       Similarly, although existing FMVSS                 significant research, as well as leverage
                                                 vehicles are designed and perform                        generally address specific predictable                research conducted by outside entities,
                                                 safely. NHTSA can establish crash                        events (e.g., stopping and turning safely             including industry and universities.
                                                 avoidance standards to reduce the                        on low friction surfaces, specific types              When the Act was enacted, Congress
                                                 chance that a vehicle will become                        of crashes), it may be desirable, even                recognized the importance of research,
                                                 involved in a crash or cause another                     necessary, to meet the need for safety,               development, testing, and evaluation,
                                                 vehicle to become involved in crash or                   for future FMVSS focused on ADS                       and provided ‘‘broad authority to
                                                 reduce the severity of crashes that                      technologies to also address the                      initiate and conduct’’ those activities.14
                                                 cannot be avoided. Likewise, NHTSA                       common, yet unpredictable, events that                Additionally, Congress recognized that
                                                 can issue crashworthiness standards                      occur in real-world driving, e.g., the one            safety standards ‘‘cannot be set in a
                                                 requiring that a vehicle be designed so                  person among crowds of people                         vacuum. They must be based on reliable
                                                 that its occupants are less likely to be                 standing on two or more corners of an                 information and research.’’ 15
                                                 seriously injured in a crash and so that                 intersection who suddenly decides to                     In the Moving Ahead for Progress in
                                                 it is less likely to cause injury to the                 cross the street, the approaching vehicle             the 21st Century Act,16 Congress
                                                 occupants of other vehicles or other                     that suddenly turns left, the parked                  reiterated and strengthened NHTSA’s
                                                 roadway users such as pedestrians and                    vehicle that suddenly leaves its parking              role in conducting research, particularly
                                                 cyclists. In addition, NHTSA can issue                   place, and the vehicle that suddenly                  in areas of innovative technology, and
                                                 standards for post-crash safety, such as                 emerges from a blind alley or other                   directed that ‘‘[t]he Secretary of
                                                 minimizing the risk of electrical fires.                 obscured location. Test procedures                    Transportation shall conduct research,
                                                    NHTSA believes that the FMVSS                         could replicate those events, including               development, and testing on any area or
                                                 structure has the necessary flexibility to               their unpredictability. A degree of                   aspect of motor vehicle safety necessary
                                                 regulate the design and performance of                   unpredictability might be accomplished                to carry out this chapter.’’ 17 In carrying
                                                 ADS appropriately. Although the                          by varying the location of standardized               out this directive, Congress instructed
                                                 existing FMVSS rely on physical tests                    surrogate vehicles, cyclists and                      the Secretary to ‘‘[c]onduct motor
                                                 and measurements to evaluate safety                      pedestrians on a test course and the                  vehicle safety research, development,
                                                 performance, there is no requirement in                  sequence in which they are encountered                and testing programs and activities,
                                                 the Act that they rely exclusively or                    during testing. A sufficient degree of                including activities related to new and
                                                 even at all on such tests and                            randomization could help avoid the                    emerging technologies that impact or
                                                 measurements so long as they are                         risks that using a completely predictable             may impact motor vehicle safety’’ and to
                                                 objective and meet the other statutory                   test procedure might create, i.e., that a             ‘‘[c]ollect and analyze all types of motor
                                                 requirements. In the future, other                       test vehicle could be programmed to                   vehicle and highway safety data’’
                                                 approaches such as simulation and                        anticipate the predictable encounters                 relating to motor vehicle performance
                                                 requirements expressed in terms of                       with surrogate objects and avoid a                    and crashes.18 Further, the Secretary
                                                 mathematical functions might be                          collision with them by being pre-                     was given broad authority to ‘‘enter into
                                                 considered.13                                            programmed to do so, not by relying on                cooperative agreements, collaborative
                                                    In addition, because the software                     its sensors and decision-making                       research, or contracts with Federal
                                                 environment is likely to evolve and                      algorithms.                                           agencies, interstate authorities, State
                                                 change at a rapid rate, NHTSA                               Further, future FMVSS could test the               and local governments, other public
                                                 recognizes that it will need a new                       ability of ADS vehicles to monitor not                entities, private organizations and
                                                 approach to the development and                          only simple scenarios involving a single              persons,’’ and other appropriate
                                                 drafting of FMVSS, especially any                        surrogate pedestrian or vehicle, but also             institutions.19
                                                 FMVSS that might be established for                      more complex and realistic scenarios                     To aid in determining how best to
                                                 ADS. The accelerating pace of                            involving multiple surrogate pedestrians              foster the safe introduction of vehicles
                                                 technological change is incompatible                     and vehicles and their ability to identify            with high and full driving automation
                                                 with lengthy rulemaking proceedings                      and respond appropriately to all                      onto our Nation’s roadways, NHTSA
                                                 that last at least 6–8 years from                        surrogate pedestrians and vehicles                    seeks to facilitate research and data
                                                                                                          without the ADS vehicles’ knowing in                  gathering involving these new and
                                                 free from unreasonable risks to safety; if such risks    advance precisely which pedestrian or                 developing technologies in their various
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                                                 do exist, the vehicle, component, or accessory           vehicle would move and when into                      iterations and configurations. The
                                                 would be subject to NHTSA’s defect authority. See
                                                 NHTSA Enforcement Guidance Bulletin 2016–02:             their path.
                                                                                                                                                                  14 S. Rep. No. 89–1301, at 9 (June 23, 1966).
                                                 Safety-Related Defects and Automated Safety                 Finally, future FMVSS could be
                                                                                                                                                                  15 H.R.  Rep. No. 89–1776, at 11 (July 28, 1966);
                                                 Technologies, 81 FR 65705, September 23, 2016.           drafted in more technology-neutral
                                                    12 49 U.S.C. 30102(a)(10), 30111(a).                                                                        see also S. Rep. No. 89–1301, at 9.
                                                    13 NHTSA notes that its Corporate Average Fuel
                                                                                                          performance terms than many of the                      16 Public Law 112–141.

                                                 Economy Standards are required to be stated in
                                                                                                          existing technology-specific FMVSS.                     17 49 U.S.C. 30181.

                                                 terms of a mathematical function. 49 U.S.C.              This approach may allow for the                         18 49 U.S.C. 30182(a) (emphasis added).

                                                 32902(b)(3)(A).                                          development and deployment of                           19 Id. at § 30182(b)(5).




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                                                                      Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules                                         50877

                                                 Agency wants the entities involved in                    such testing, including in real-world                these vehicles, including on public
                                                 this research to gain practical, real                    scenarios, which the Agency would                    roadways.
                                                 world experience to determine the best                   consider as setting the terms of the                    Safety is a primary concern and is the
                                                 approaches to enhancing safety. This                     exemptions. NHTSA anticipates that                   primary mission of NHTSA. The
                                                 research is expected to generate the data                these data will provide needed                       issuance of this ANPRM on pilot
                                                 needed to assist in developing methods                   information that will better enable the              program design is intended to stimulate
                                                 of validating the safety performance of                  public and private sectors to realize the            public discussion of both safety aspects
                                                 vehicles with high and full driving                      promises and overcome the challenges                 of new technology testing and
                                                 automation. NHTSA recognizes both the                    of vehicles with high and full driving               development, as well as approaches to
                                                 safety potential of ADS and the need to                  automation.                                          learning from pilot programs for
                                                 ensure that all testing and operation of                                                                      technological improvement and
                                                 vehicles with high and full driving                      E. A Pilot Program Can Provide Relief                eventual deployment. NHTSA
                                                 automation are conducted in a manner                     and Promote Research on ADS                          acknowledges that there are also
                                                 that ensures the appropriate levels of                      To summarize, NHTSA’s authority                   mobility, efficiency and accessibility
                                                 safety for everyone involved—and most                    covers all relevant aspects of ADS                   opportunities associated with ADS and
                                                 importantly, all roadway users.                          design, including vehicles with high                 that infrastructure could play a key role
                                                                                                          and full driving automation. NHTSA,                  in the broader operational availability of
                                                 D. Regulatory Relief May Be Needed To                                                                         these technologies. Numerous
                                                 Facilitate Research Involving Vehicles                   therefore, has an affirmative duty to
                                                                                                          establish the measures necessary to                  companies, researchers, safety
                                                 With High and Full Driving Automation                                                                         advocates, State and local governments,
                                                                                                          ensure the safe design and operation of
                                                   In the separate notice on barriers                                                                          and other stakeholders are engaged in,
                                                                                                          these types of vehicles. However, to do
                                                 mentioned above, NHTSA stated that it                                                                         planning to become engaged in or
                                                                                                          so in a way that actually achieves those
                                                 believes that vehicles with traditional                                                                       otherwise interested in the design,
                                                                                                          safety goals and does not unnecessarily
                                                 interior designs, e.g., ones including                                                                        development, testing, and deployment
                                                                                                          impede innovation requires significant
                                                 steering wheels and foot pedals, that                                                                         of vehicles with high and full driving
                                                                                                          research on these cutting-edge issues.
                                                 meet the existing FMVSS would still                                                                           automation. NHTSA recognizes that it is
                                                                                                          Due to the complexity of real-world
                                                 comply with the FMVSS even if those                                                                           restricted in its ability to apply
                                                                                                          driving, this research cannot simply be
                                                 vehicles were designed to be operated as                                                                      requirements to certain manufacturers
                                                                                                          done in laboratories or other highly
                                                 vehicles with high and full driving                                                                           testing vehicles on public highways if
                                                 automation. However, vehicles with                       controlled testing environments and,
                                                                                                                                                               the manufacturers agree not to offer for
                                                 high and full driving automation that do                 instead, part of it must be done on
                                                                                                                                                               sale or sell those vehicles.22 Discussion
                                                 not have traditional designs might not                   public roads with real driving
                                                                                                                                                               of pilot program design and
                                                 meet the existing FMVSS and would,                       conditions. To help ensure that this
                                                                                                                                                               implementation does not assume that
                                                 therefore, require an exemption.                         testing is being done safely and with an
                                                                                                                                                               such regulatory and statutory limits are
                                                 NHTSA’s statutes provide two separate                    eye towards developing the data
                                                                                                                                                               either appropriate or necessary, but
                                                 avenues under sections 30113 and                         necessary to support such future
                                                                                                                                                               rather that pilot programs might require
                                                 30114 20 for an exemption of vehicles                    standards as may be needed, NHTSA is
                                                                                                                                                               NHTSA to address certain barriers.
                                                 that do not comply with the standards                    considering establishing a pilot program                Further, pilot programs should
                                                 and another process designed for                         for vehicles with high and full driving              anticipate the need to coordinate
                                                 vehicles that would initially comply                     automation for entities wishing to                   Federal, State and local governments’
                                                 with the standard, but also may need                     engage in the testing or, in some cases,             responsibilities and efforts and should
                                                 exemptions if they operate in ‘‘dual                     deployment of vehicles with high and                 recognize other Federal agencies, and
                                                 modes,’’ one of which could run afoul                    full driving automation that would                   State and local governments are
                                                 of NHTSA’s ‘‘make inoperative’’                          require some type of an exemption from               effective sources of information needed
                                                 prohibition.21 Under both types of                       NHTSA’s existing standards. The                      for risk management as ADS technology
                                                 exemptions, NHTSA may set terms by                       Agency believes that such a program                  approaches deployment. State and local
                                                 which the exempted entity must abide.                    could aid developers of vehicles with                governments have traditionally played
                                                   In this document, NHTSA announces                      high and full driving automation in                  important roles in motor vehicle and
                                                 that it is contemplating creating an ADS                 testing and deploying their vehicles                 road safety, through enforcement, traffic
                                                 vehicle pilot research program for the                   across the country in a wide variety of              management and planning, research,
                                                 testing of vehicles and associated                       scenarios, e.g., different climates,                 and much more. It is critical to NHTSA
                                                 equipment and gathering of data from                     weather patterns, topographical                      to partner effectively with State and
                                                                                                          features, road systems, population and               local governments to permit them to
                                                   20 49 U.S.C. 30113 and 30114. These two sections,      traffic densities, etc.                              continue these important functions
                                                 including relevant statutory text, are discussed
                                                 below in parts III.B.1 and III.B.2 of this ANPRM.        III. Pilot Program for the Safe Testing              while the Agency works collaboratively
                                                   21 Certain ADS vehicles that do not comply with        and Deployment of Vehicles With High                 to facilitate the safe and efficient
                                                 existing standards are currently allowed to be           and Full Driving Automation                          deployment of ADS technology.
                                                 introduced into interstate commerce if they meet                                                                 Finally, at this stage, NHTSA is only
                                                 the requirements in section 30112(b)(10). The              Technological innovations in
                                                 section excepts motor vehicles from the prohibition
                                                                                                                                                               considering a pilot program for light-
                                                 in section 30112(a)(1) against introducing a             automotive transportation are diverse                duty vehicles; to the extent the Agency
                                                 noncompliant motor vehicle into commerce, but,           and evolving quickly in the United                   will consider establishing future pilot
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                                                 among other constraints, only if the vehicle is          States and abroad. The potential safety              projects for other motor vehicles, such
                                                 introduced by a manufacturer solely for the purpose      benefits that could result from
                                                 of its being tested and evaluated on public roads,                                                            as truck tractors or buses, it will do so
                                                 only for vehicle manufacturers that manufactured         deploying vehicles with high and full                in coordination with the other relevant
                                                 and distributed compliant vehicles in the United         driving automation justify a considered              operating administrations within the
                                                 States before December 4, 2015, and only if those        approach at the Federal, State and local             Department.
                                                 vehicles are not sold after the conclusion of testing.
                                                 Importantly, then, this exception is limited in both
                                                                                                          levels to the design and implementation                 Questions.
                                                 which manufacturers can take advantage of it and         of pilot programs for the safe testing,
                                                 what can be done while using it.                         learning and eventual deploying of                     22 49   U.S.C. 30112(b)(10).



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                                                 50878               Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules

                                                    In furtherance of the goals of this                  necessarily address each of the                       communicate and react to vehicle
                                                 ANPRM, NHTSA requests interested                        following critical areas: (1) Vehicle                 operational needs and conditions.
                                                 persons to answer a variety of questions                design for safe operation; (2) vehicle                   Some vehicles with high driving
                                                 about the structure of a national pilot                 design for risk mitigation in the event of            automation will require an additional
                                                 program and about the types of                          an unplanned event; (3) vehicle design                design consideration to address human-
                                                 regulatory relief that may be needed to                 for intended operating conditions; and                machine interface when operating
                                                 make such a program successful. The                     (4) data reporting and information                    outside of their Operational Design
                                                 views and information provided in                       sharing to identify and mitigate risks                Domain.23 Specifically, given the
                                                 response to those that will aid the                     identified during the pilot program.                  reliance of those vehicles on vehicle,
                                                 Agency in deciding whether to create a                                                                        and not human, systems, the design of
                                                                                                         1. Vehicle Design for Safe Operation                  those vehicles should account for both
                                                 national program and, if so, how to do
                                                 so.                                                        As described above, NHTSA has long                 the vehicle and human elements of any
                                                    Guidance on answering questions.                     assessed vehicle attributes for safe                  transition from one type of driver
                                                    In responding to each question, please               operation under reasonably anticipated                (human or vehicle) to another type of
                                                 provide data, analyses, research reports                conditions. Such an assessment has                    driver (vehicle or human).
                                                 or other justification to support your                  historically included detailed elements                  In A Vision for Safety, the Department
                                                 response. In addition, please respond to                of structural integrity and design, as                of Transportation described a voluntary
                                                 the questions and requests in the same                  well as hardware, software and                        safety self-disclosure approach
                                                 sequence in which they appear below                     telecommunications elements that                      recommended to innovators seeking to
                                                 and include the number of each                          contribute to either operational or                   test and deploy vehicles with high and
                                                 question and request.                                   nonoperational vehicle safety.                        full driving automation on public
                                                    Question 1. What potential factors                      NHTSA believes that vehicles with                  roadways.
                                                 should be considered in designing the                   high and full driving automation                         NHTSA’s existing authorities under
                                                 structure of a pilot program that would                 participating in pilot programs for                   the Act, e.g., provisions concerning
                                                 enable the Agency to facilitate, monitor                testing and evaluation and eventual                   research, standard setting and consumer
                                                 and learn from on-road research through                 deployment should continue to meet                    information, are adequate for NHTSA to
                                                 the safe testing and eventual                           most FMVSS for the protection of                      evaluate and recommend protocols to
                                                 deployment of vehicles with high and                    vehicle occupants, pedestrians, and                   ensure the safety of vehicle design for
                                                 full driving automation and associated                  other vulnerable road users. However,                 risk mitigation. In fact, NHTSA has
                                                 equipment?                                              in the case of certain elements, safety               already developed and adopted
                                                    Question 2. If NHTSA were to create                  might be enhanced through approaches                  protocols for a wide variety of
                                                 a pilot program, how long would there                   different than those contained in the                 technologies for use in either the
                                                 be a need for such a program? What                      current FMVSS, given that they were                   FMVSS or the New Car Assessment
                                                 number of vehicles should be involved?                  developed for vehicles designed only for              Program. Examples include anti-lock
                                                 Should NHTSA encourage the                              human operation.                                      braking systems, electronic stability
                                                 conducting of research projects in                         As noted above, NHTSA has issued a                 control, automatic emergency braking,
                                                 multiple locations with different                       Request for Comment regarding those                   and lane departure warning.
                                                 weather conditions, topographical                       provisions in the FMVSS that may pose                    Furthermore, NHTSA’s authorities
                                                 features, traffic densities, etc.?                      barriers for the design, testing and                  supporting the current FMVSS program
                                                    Question 3. What specific difficulties               deployment of some safe vehicles with                 are adequate and appropriate for
                                                 should be addressed in designing a                      high and full driving automation.                     developing very broadly drafted safety
                                                 national vehicle pilot program for                         Question 6. What vehicle design                    performance standards that might be
                                                 vehicles with high and full driving                     elements might replace existing                       necessary for the eventual safe
                                                 automation either through the                           required safety equipment and/or                      widespread deployment on public
                                                 exemption request process relevant for                  otherwise enhance vehicle safety under                roadways of vehicles with high and full
                                                 FMVSS or more broadly related to other                  reasonably anticipated operating                      driving automation. Such performance
                                                 areas of NHTSA and/or other                             conditions?                                           standards should allow for
                                                 authorities.                                            2. Vehicle Design for Risk Mitigation                 unencumbered innovation where such
                                                    Question 4. How can existing                                                                               innovation provides equivalent or
                                                 statutory provisions and regulations be                    As described in section I (overview)               improved safety for future
                                                 more effectively used in implementing                   above, the primary difference between                 transportation designs when compared
                                                 such a pilot program?                                   lower level driving automation systems                to the safety of human drivers. For
                                                    Question 5. Are there any additional                 and high and full driving automation                  example, future performance-based
                                                 elements of regulatory relief (e.g.,                    systems is the reliance in the latter                 standards might include standards and
                                                 exceptions, exemptions, or other                        systems on the vehicle to perform all                 testing for safe lane change performance
                                                 potential measures) that might be                       driving functions in at least certain                 on highways, hazard detection and
                                                 needed to facilitate the efforts to                     circumstances. It is anticipated that                 avoidance in urban environments, or
                                                 participate in the pilot program and                    vehicles with high and full driving                   collision avoidance on rural highways.
                                                 conduct on-road research and testing                    automation will accomplish this                          Question 7. What types of
                                                 involving these vehicles, especially                    through the combination of highly                     performance measures should be
                                                 those that lack controls for human                      sophisticated detection systems,                      considered to ensure safety while
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                                                 drivers and thus may not comply with                    systems for digital interpretation of                 allowing for innovation of emerging
                                                 all existing FMVSS?                                     detected objects, data retention and
                                                                                                         processing, communication protocols,                     23 The Operational Design Domain describes the
                                                 A. Considerations in Designing the Pilot                and highly sophisticated decision-                    specific conditions under which a given ADS or
                                                 Program                                                 making software. Together, this                       feature is intended to function. More specifically,
                                                                                                                                                               it defines where (such as what roadway types and
                                                    NHTSA believes that a safe and                       combination of functions is intended to               speeds) and when (under what conditions, such as
                                                 effective pilot program for vehicles with               replace and improve upon the ability of               day/night, weather limits, etc.) an ADS is designed
                                                 high and full driving automation would                  human drivers to detect, interpret,                   to operate.



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                                                                     Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules                                          50879

                                                 technology in vehicles with high and                    below 30 mph, NHTSA might consider                      Question 10. In the design of a pilot
                                                 full driving automation participating in                whether it would be appropriate to                    program, how should NHTSA address
                                                 a pilot program?                                        require that the vehicle be designed so               the following issues—
                                                                                                         that it cannot operate automatically at                 a. confidential business information?
                                                 3. Vehicle Design Safety Elements                                                                               b. privacy?
                                                                                                         speeds of 30 mph or more unless and
                                                    A Vision for Safety seeks to help                    until it acquires the capability (e.g.,                 c. data storage and transmission?
                                                 designers of ADS to analyze, identify,                  through software updates) of safely                     d. data retention and reporting?
                                                 and resolve safety considerations prior                 operating automatically above that                      e. other elements necessary for testing
                                                 to deployment by using their own,                       speed. Similarly, if a vehicle would                  and deployment?
                                                 industry, and other best practices. It                  become incapable of operating safely if               5. Additional Considerations in Pilot
                                                 outlines 12 safety elements, which the                  one or more of its sensors became non-                Program Design
                                                 Agency believes represent the                           functional, NHTSA might consider
                                                 consensus across the industry, that are                                                                          NHTSA seeks comments on whether
                                                                                                         whether it would be appropriate to
                                                 generally considered to be the most                                                                           there are additional critical areas to
                                                                                                         require that the vehicle be designed so
                                                 salient design aspects to consider and                                                                        consider in the design of a safe pilot
                                                                                                         that it cannot operate automatically in
                                                 address when developing, testing, and                                                                         program for the testing and deployment
                                                                                                         those circumstances.
                                                 deploying ADS on public roadways.                                                                             of vehicles with high and full driving
                                                 Within each safety design element,                        State and local authorities also have a             automation.
                                                 entities are encouraged to consider and                 role to play. Through establishing and                   Question 11. In the design of a pilot
                                                 document for themselves their use of                    enforcing their rules of the road, these              program, what role should be played
                                                 industry standards, best practices,                     authorities have traditionally controlled             by—
                                                 company policies, or other methods                      such operational matters as the speed at                 a. The 12 safety elements listed in A
                                                 they have employed to provide for                       which vehicles may be driven and the                  Vision for Safety?
                                                 increased system safety in real-world                   condition of certain types of safety                     b. The elements listed below,
                                                 conditions.                                             equipment such as head and tail lights.                  i. Failure risk analysis and reduction
                                                    For example, vehicles with high and                  In the future, it is reasonable to expect             during design process (functional
                                                 full driving automation are currently                   that these authorities may establish new              safety)?
                                                 tested and deployed in carefully risk-                  rules of the road to address ADS                         ii. Objective performance criteria,
                                                 managed phases to allow for safe                        vehicles specifically. While NHTSA                    testable scenarios and test procedures
                                                 operation during development of                         might require the manufacturers of these              for evaluating crash avoidance
                                                 increasingly complex systems. As                        vehicles to design them so that their                 performance of vehicles with high and
                                                 described in A Vision for Safety, the                   vehicles know the State and locality in               full driving automation?
                                                 circumstances in which the automated                    which they are operating and what the                    iii. Third party evaluation?
                                                 operation of a vehicle is enabled are set               rules of the road are for that location                  A. Failure risk reduction?
                                                                                                         and so that they observe those rules, the                B. Crash avoidance performance of
                                                 forth in the vehicle’s Operational Design
                                                                                                         States and localities would enforce                   vehicles with high and full driving
                                                 Domain.
                                                    NHTSA believes that any pilot                        those rules if broken.                                automation?
                                                                                                                                                                  iv. Occupant/non-occupant protection
                                                 program for the testing of vehicles with                  Question 8. How should the
                                                 high and full driving automation should                                                                       from injury in the event of a crash
                                                                                                         Operational Design Domains of                         (crashworthiness)?
                                                 include defined Operational Design                      individual vehicle models be defined                     v. Assuring safety of software
                                                 Domains as a component of safe                          and reinforced and how should Federal,                updates?
                                                 automated vehicle operation. Examples                   State and local authorities work together                vi. Consumer education?
                                                 of an Operational Design Domain                         to ensure that they are observed?                        vii. Post deployment Agency
                                                 include, but are not limited to,                                                                              monitoring?
                                                 geographic, environmental or other                      4. Data and Reporting
                                                                                                                                                                  viii. Post-deployment ADS updating,
                                                 conditions in which the vehicle is                         The purpose of a pilot program is to               maintenance and recalibration?
                                                 designed to operate, detect and respond                 allow for safe on-road testing and on-                   c. Are there any other elements that
                                                 safely to a variety of normal and                       road learning in order to provide                     should be considered?
                                                 unexpected objects and events, and to                   feedback for further safe development.                   Question 12. Are there any additional
                                                 fall back to a minimal risk condition in                An important element of any pilot                     critical areas to consider in the design
                                                 the event that the ADS fails or that the                program is the creation, sharing and                  of a safe pilot program for the testing
                                                 ADS encounters conditions outside the                   appropriate use of performance data to                and deployment of vehicles with high
                                                 Operational Design Domain.                              allow constant improvement to the test                and full driving automation?
                                                    NHTSA has historically regulated the
                                                                                                         technology and improved risk                          6. Issues Relating To Establishing a Pilot
                                                 enabling conditions for safety systems,
                                                                                                         management.                                           Program
                                                 such as air bags, anti-lock brakes and
                                                 electronic stability control, that are                     NHTSA believes that the novel                         In addition to the general issues
                                                 designed to intervene when certain                      challenge of assessing the safety of the              identified above, NHTSA requests
                                                 conditions, and only those conditions,                  emerging technologies in vehicles with                comment on the following questions
                                                 exist. NHTSA believes that the critical                 high and full driving automation                      related to the development of the
                                                 relationship between the safety of a                    requires a commitment to timely and                   potential pilot program.
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                                                 vehicle’s design and the vehicle’s                      accurate data reporting and analysis.
                                                 decision-making system similarly makes                     Question 9. What type and amount of                i. Applications for Participation and
                                                 it necessary to evaluate the safety of                  data should participants be expected to               Potential Terms of Participation
                                                 automated vehicle performance in light                  share with NHTSA and/or with the                         Question 13. Which of the following
                                                 of appropriate and well-defined                         public for the safe testing of vehicles               matters should NHTSA consider
                                                 Operational Design Domains. For                         with high and full driving automation                 requiring parties that wish to participate
                                                 example, if a vehicle is capable of safely              and how frequently should the sharing                 in the pilot program to address in their
                                                 operating automatically only at speeds                  occur?                                                applications?


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                                                 50880               Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules

                                                    a. ‘‘Safety case’’ for vehicles to be                   Question 14. What types of terms and               limited defined geographic areas, might
                                                 used in the pilot program (e.g., system                 conditions should NHTSA consider                      that affect the routing choices of
                                                 safety analysis (including functional                   attaching to exemptions to enhance                    vehicles without high and full driving
                                                 safety analysis), demonstration of safety               public safety and facilitate the Agency’s             automation? For another example, if
                                                 capability based on objective                           monitoring and learning from the testing              vehicles with high and full driving
                                                 performance criteria, testable scenarios                and deployment, while preserving the                  automation are programmed to cede
                                                 and test procedures, adherence to                       freedom to innovate, including terms                  right of way to avoid collision with
                                                 NHTSA’s existing voluntary guidance,                    and conditions for each of the subjects               other vehicles and with pedestrians and
                                                 including the submission of a voluntary                 listed in question 13? What other                     cyclists, might some drivers of vehicles
                                                 safety self-assessment, and third party                 subjects should be considered, and                    without such automation, pedestrians
                                                 review of those materials).                             why?                                                  and cyclists take advantage of this fact
                                                    i. What methodology should the                                                                             and force vehicles with high and full
                                                 Agency use in assessing whether an                      ii. Potential Categories of Data To Be
                                                                                                                                                               driving automation to yield to them?
                                                 exempted ADS vehicle would offer a                      Provided by Program Participants                         j. Metrics or information concerning
                                                 level of safety equivalent to that of a                    Question 15. What value would there                the durability of the ADS equipment
                                                 nonexempted vehicle? For example,                       be in NHTSA’s obtaining one or more of                and calibration, and need for
                                                 what methodology should the Agency                      the following potential categories of                 maintenance of the ADS.
                                                 use in assessing whether an ADS                         data from the participants in the pilot                  k. Data from ‘‘control groups’’ that
                                                 vehicle steers and brakes at least as                   program? Are there other categories of                could serve as a useful baseline against
                                                 effectively, appropriately and timely as                data that should be considered? How                   which to compare the outcomes of the
                                                 an average human driver?                                should these categories of data be                    vehicle participating in the pilot
                                                    b. Description of research goals,                    defined?                                              program.
                                                 methods, objectives, and expected                          a. Statistics on use (e.g., for each                  l. If there are other categories of data
                                                 results.                                                functional class of roads, the number of              that should be considered, please
                                                    c. Test design (e.g., route complexity,              miles, speed, hours of operation,                     identify them and the purposes for
                                                 weather and related road surface                        climate/weather and related road                      which they would be useful to the
                                                 conditions, illumination and                            surface conditions).                                  Agency in carrying out its
                                                 institutional review board assessment).                    b. Statistics and other information on             responsibilities under the Act.
                                                    d. Considerations for other road users               outcome (e.g., type, number and cause                    m. Given estimates that vehicles with
                                                 (e.g., impacts on vulnerable road users                 of crashes or near misses, injuries,                  high and full driving automation would
                                                 and proximity of such persons to the                    fatalities, disengagements, and                       generate terabytes of data per vehicle
                                                 vehicle).                                               transitions to fallback mechanisms, if                per day, how should the need for data
                                                    e. Reporting of data, e.g., reporting of             appropriate).                                         be appropriately balanced with the
                                                 crashes/incidents to NHTSA within 24                       c. Vehicle/scene/injury/roadway/                   burden on manufacturers of providing it
                                                 hours of their occurrence.                              traffic data and description for each                 and the ability of the Agency to absorb
                                                    f. Recognition that participation does               crash or near miss (e.g., system status,              and use it effectively?
                                                 not negate the Agency’s investigative or                pre-crash information, injury outcomes).                 n. How would submission of a safety
                                                 enforcement authority, e.g.,                               d. Sensor data from each crash or near             assurance letter help to promote public
                                                 independent of any exemptions that the                  miss (e.g., raw sensor data, perception               safety and build public confidence and
                                                 Agency might issue to program                           system output, and control action).                   acceptance?
                                                 participants and independent of any                        e. Mobility performance impacts of                    o. For all of the above categories of
                                                 terms that the Agency might establish                   vehicles with high and full driving                   information, how should the Agency
                                                 on those exemptions, the Agency could                   automation, including string stability of             handle any concerns about confidential
                                                 conduct defect investigations and order                 multiple consecutive ADS vehicles and                 business information and privacy?
                                                 recalls of any defective vehicles                       the effects of ADS on vehicle spacing,
                                                                                                                                                               B. Use of Exemptions To Provide
                                                 involved in the pilot program. Further,                 which could ultimately impact flow
                                                                                                                                                               Regulatory Relief for Pilot Program
                                                 the Agency could investigate the causes                 safety, and public acceptance.
                                                                                                            f. Difficult scenarios (e.g., scenarios in         Participants
                                                 of crashes of vehicles involved in the
                                                 program.                                                which the system gave control back to                    As discussed above, NHTSA has
                                                    g. Adherence to recognized practices                 an operator or transitioned to its safe               several means to provide regulatory
                                                 for standardizing the gathering and                     state by, for example, disabling itself to            relief for vehicles with high and full
                                                 reporting of certain types of data in                   a slow speed or stopped position).                    driving automation whose innovative
                                                 order to make possible the combining of                    g. Software updates (e.g., reasons for             designs make compliance with existing
                                                 data from different sources and the                     updates, extent to which updates are                  regulations impracticable or impossible.
                                                 making of statistically stronger findings.              made to each vehicle for which the                    In this document, the Agency has
                                                    h. For which types of data would                     updates are intended, effects of                      outlined and requested comment on a
                                                 standardization be necessary in order to                updates).                                             potential pilot program for these
                                                 make such findings and why?                                h. Metrics that the manufacturer is                vehicles, to encourage and facilitate the
                                                    i. To what extent would                              tracking to identify and respond to                   necessary research and data to ensure
                                                 standardization be necessary for those                  progress (e.g., miles without a crash and             their safe deployment and allow
                                                 types?                                                  software updates that increase the                    NHTSA to determine how to
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                                                    j. Occupant/non-occupant protection                  operating domain).                                    appropriately evaluate and regulate
                                                 from injury in the event of a crash                        i. Information related to community,               these vehicles.
                                                 (crashworthiness).                                      driver and pedestrian awareness,                         As part of this pilot program, NHTSA
                                                    k. Assuring safety of software updates.              behavior, concerns and acceptance                     is considering what effect participation
                                                    l. Consumer education.                               related to vehicles with high and full                in the pilot program could have on the
                                                    m. Post-deployment monitoring.                       driving automation operation. For                     exemption process and vice versa.
                                                    n. Post-deployment maintenance and                   example, if vehicles with high and full                  Question 16. How should the Agency
                                                 calibration considerations.                             driving automation operated only in                   analyze safety in deciding whether to


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                                                                        Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules                                          50881

                                                 grant such exemptions under each of the                   safety level at least equal to the overall             reliable judgements. Such judgments
                                                 separate bases for exemptions in section                  safety level of nonexempt vehicles.25                  might include a retrospective review of
                                                 30113? Can the exemption process be                          A manufacturer is eligible for an                   the judgments that the Agency made, at
                                                 used to facilitate safe and effective ADS                 economic hardship exemption only if                    the time of granting the petition, about
                                                 development in an appropriate manner?                     the manufacturer’s total motor vehicle                 the anticipated safety effects of the
                                                   Question 17. Could a single pilot                       production in the most recent year of                  exemption. Regardless of the period
                                                 program make use of multiple statutory                    production is not more than 10,000. An                 specified for reporting, NHTSA could
                                                 sources of exemptions or would                            economic hardship exemption can be                     also establish terms to specify what the
                                                 different pilot programs be needed, one                   granted for not more than 3 years,                     consequences would be if the flow of
                                                 program for each source of exemption?                     although it can be renewed. Any                        information were to cease or become
                                                   Question 18. To what extent would                       manufacturer, regardless of its total                  inadequate during or after the
                                                 NHTSA need to implement the program                       production, is eligible for an exemption               exemption period. NHTSA’s regulations
                                                 via new regulation or changes to                          on the other three bases listed in the                 in 49 CFR part 555 provide that the
                                                 existing regulation? Conversely, could                    paragraph immediately above, but only                  Agency can revoke an exemption if a
                                                 NHTSA implement the program through                       if the exemption is for not more than                  manufacturer fails to satisfy the terms of
                                                 a non-regulatory process? Would the                       2,500 vehicles to be sold in the United                the exemption.
                                                 answer to that question change based                      States in any 12-month period.                           Question 19. How could the
                                                 upon which statutory exemption                            Exemptions on these three bases may be                 exemption process in section 30113 be
                                                 provision the agency based the program                    granted for not more than 2 years and                  used to facilitate a pilot program? For
                                                 on?                                                       can be renewed.                                        vehicles with high and full driving
                                                                                                              Over the years, NHTSA has granted                   automation that lack means of manual
                                                 1. Exemptions From Prohibitions                           numerous exemptions under the                          control, how should NHTSA consider
                                                 Concerning Noncompliant Vehicles                          ‘‘substantial economic hardship’’                      their participation, including their
                                                 Under Section 30113                                       criteria, but relatively few under the                 continued participation, in the pilot
                                                    Section 30112, except as otherwise                     other three bases. This proportion may                 program in determining whether a
                                                 provided, e.g., under sections 30113 and                  change in the future. The use of the                   vehicle would meet the statutory criteria
                                                 30114, prohibits any person from                          other three bases for granting petitions               for an exemption under section 30113?
                                                 manufacturing for sale, selling, offering                 for the exemption of vehicles with high                More specifically:
                                                 for sale, introducing or delivering for                   and full driving automation may                          a. Would participation assist a
                                                 introduction in interstate commerce, or                   become increasingly important prior to                 manufacturer in showing that an
                                                 importing into the United States, any                     the development of ADS-specific                        exemption from a FMVSS would
                                                 motor vehicle or motor vehicle                            standards.                                             facilitate the development or field
                                                 equipment manufactured on or after the                       Since the Act does not contain any                  evaluation of a new motor vehicle safety
                                                 date an applicable FMVSS takes effect                     prohibitions regarding the use of a                    feature providing a safety level at least
                                                 unless the vehicle or equipment                           motor vehicle, whether compliant or                    equal to the safety level of the FMVSS,
                                                 complies with the standard and is                         noncompliant, once a manufacturer                      as required to obtain an exemption
                                                 covered by a certification issued under                   receives an exemption from the                         under section 30113(b)(ii)? If so, please
                                                 section 30115 of the Act.24 Under                         prohibitions of section 30112(a)(1), the               explain how.
                                                 section 30113, upon application by a                      use of those vehicles is controlled only                 b. Would participation assist a
                                                 vehicle manufacturer, NHTSA may                           to the extent that NHTSA sets terms on                 manufacturer in showing that
                                                 exempt, on a temporary basis, motor                       the exemption. Its authority to set terms              compliance with the FMVSS would
                                                 vehicles from a FMVSS, on terms the                       is broad. Since the terms would be the                 prevent the manufacturer from selling a
                                                 Agency considers appropriate, if it finds                 primary means of ensuring the safe                     motor vehicle with an overall safety
                                                 that—                                                     operation of those vehicles, the Agency                level at least equal to the overall safety
                                                    (a) an exemption is consistent with                    would consider carefully what types of                 level of nonexempt vehicles, as required
                                                 the public interest and this chapter or                   terms to establish. The manufacturer                   to obtain an exemption under section
                                                 chapter 325 of this title (as applicable);                would need to agree to abide by the                    30113(b)(iv)? If so, please explain how.
                                                 and either                                                terms set for that exemption in order to                 c. The Agency requests comment on
                                                    (b)                                                    begin and continue producing vehicles                  what role a pilot program could play in
                                                    (i) compliance with the standard                       pursuant to that exemption. Thus, if                   determining when to grant an
                                                 would cause substantial economic                          NHTSA were to establish the                            exemption from the ‘‘make inoperative’’
                                                 hardship to a manufacturer that has                       collaborative pilot research program for               prohibition under section 30122 for
                                                 tried to comply with the standard in                      such vehicles discussed in this                        certain ‘‘dual mode’’ vehicles. Relatedly,
                                                 good faith;                                               document, it could establish, for                      what tools does NHTSA have to
                                                    (ii) the exemption would make easier                   example, reporting terms to ensure a                   incentivize vehicles with high and full
                                                 the development or field evaluation of                    continuing flow of information to the                  driving automation that have means of
                                                 a new motor vehicle safety feature                        Agency during and after the period of                  manual control and thus do not need an
                                                 providing a safety level at least equal to                exemption to meet the Agency’s, as well                exemption to participate in the pilot
                                                 the safety level of the standard;                         as the manufacturer’s, research needs.                 program?
                                                    (iii) the exemption would make the                     Since only a very small portion of the
                                                 development or field evaluation of a                      total mileage that the exempted vehicles               2. Exemptions From Prohibitions
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                                                 low-emission motor vehicle easier and                     could be expected to travel during their               Concerning Noncompliant Vehicles
                                                 would not unreasonably lower the                          useful life would have been driven by                  Under Section 30114
                                                 safety level of that vehicle; or                          the end of the exemption period, it                       Next, under section 30114, the
                                                    (iv) compliance with the standard                      might be desirable for the data to be                  ‘‘Secretary of Transportation may
                                                 would prevent the manufacturer from                       reported over a longer period of time to               exempt a motor vehicle or item of motor
                                                 selling a motor vehicle with an overall                   enable the Agency to make sufficiently                 vehicle equipment from section
                                                                                                                                                                  30112(a) of this title, on terms the
                                                   24 49   U.S.C. 30112(a)(1).                               25 49   U.S.C. 30113.                                Secretary decides are necessary, for


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                                                 50882                 Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules

                                                 research, investigations,                                 exempted from the ‘‘make inoperative’’                 the treatment of information determined
                                                 demonstrations, training, competitive                     prohibition,28 as a class, all motor                   to be entitled to confidential treatment.
                                                 racing events, show, or display.’’ 26                     vehicle repair businesses that modify a                Commercial or financial information is
                                                 NHTSA has historically focused these                      motor vehicle to enable a person with a                considered confidential if it is
                                                 types of exemptions on the                                disability to operate, or ride as a                    voluntarily submitted to the Agency and
                                                 noncompliant vehicles made outside the                    passenger in, the motor vehicle to the                 is the type of information that is
                                                 U.S. However, NHTSA is examining                          extent that those modifications affect                 customarily not released to the general
                                                 whether the language of section 30114                     the motor vehicle’s compliance with the                public. The Agency is seeking
                                                 gives NHTSA the discretion to create a                    FMVSS or portions thereof specified in                 information from interested parties on
                                                 level playing field by expanding the                      paragraph (c) of 49 CFR part 595. Such                 how it might further protect non-public
                                                 coverage of exemption under that                          an exemption may be warranted for                      information that the Agency might need
                                                 section to any vehicle, regardless of                     certain ‘‘dual-mode’’ vehicles, i.e., those            in connection with an exemption or
                                                 whether it is domestic or foreign, that                   that may be operated with or without a                 pilot program.
                                                 meets the criteria of that section,                       human driver and are designed to have
                                                                                                                                                                  V. Next Steps
                                                 particularly vehicles with high and full                  mandated and/or regulated components,
                                                 driving automation that do not meet                       such as brake pedals, retract under                       The Agency wishes to re-emphasize
                                                 existing standards and whose                              specified conditions. Comments are                     that it has not made any decisions
                                                 manufacturers are or seek to become                       invited on this issue.                                 whether to establish a pilot program or
                                                 engaged in research and demonstrations                      Question 21. What role could a pilot                 how to structure such a program. After
                                                 involving those vehicles. If so, NHTSA                    program play in determining when to                    analyzing the public comments on this
                                                 would be able to establish the terms                      grant an exemption from the ‘‘make                     ANPRM and other available
                                                 with which a participant would need to                    inoperative’’ prohibition under section                information, NHTSA will further assess
                                                 comply in order to receive and continue                   30122 for certain ‘‘dual mode’’ vehicles?              the prospects for implementing a viable
                                                 to enjoy the benefits of an exemption.                    Relatedly, what tools does NHTSA have                  and effective program and identify the
                                                 Such terms could include a wide variety                   to incentivize vehicles with high and                  best approach to structuring one. Once
                                                 of matters, including participation in a                  full driving automation that have means                it has done so, it will issue a notice,
                                                 pilot program.                                            of manual control and thus do not need                 either an NPRM, if regulatory changes
                                                   Question 20. What role could                            an exemption to participate in the pilot               are determined to be necessary or a
                                                 exemptions under section 30114 play in                    program?                                               request for comment, if no regulatory
                                                 the pilot program? Could participation                                                                           changes are required, describing that
                                                 in the pilot program assist a                             4. Other Potential Obstacles                           approach and any promising alternative
                                                 manufacturer in qualifying for an                            The Agency also wishes to better                    approaches and again seek public
                                                 exemption under section 30114? Could                      understand any other potential obstacles               comment. After considering that second
                                                 participation be considered part of the                   either to the development of the pilot                 round of comments, the Agency will
                                                 terms the Secretary determines are                        program or vehicles with high and full                 make a final decision about such a
                                                 necessary to be granted an exemption                      driving automation more generally.                     program in a final rule, if needed, or
                                                 under section 30114 for vehicles that are                    Question 22. If there are any obstacles             through another notice.
                                                 engaged in ‘‘research, investigations,                    other than the FMVSS to the testing and
                                                                                                                                                                  VI. Regulatory Notices
                                                 demonstrations, training, competitive                     development of vehicles with high and
                                                 racing events, show, or display’’?                        full driving automation, please explain                  This action has been determined to be
                                                                                                           what those are and what could be done                  significant under Executive Order
                                                 3. Exemption From Rendering                               to relieve or lessen their burdens. To the             12866, as amended by Executive Order
                                                 Inoperative Prohibition                                   extent any tension exists between a                    13563, and the Department of
                                                    Finally, NHTSA has related                             Federal pilot program and State or local               Transportation’s Regulatory Policies and
                                                 exemption authority with regard to the                    law, how can NHTSA better partner                      Procedures. It has been reviewed by the
                                                 ‘‘make inoperative’’ provision in its                     with State and local authorities to                    Office of Management and Budget under
                                                 statute. Manufacturers, distributors,                     advance our common interests in the                    that Order. Executive Orders 12866
                                                 dealers, and motor vehicle repair                         safe and effective testing and                         (Regulatory Planning and Review) and
                                                 businesses are prohibited from                            deployment of ADS technology?                          13563 (Improving Regulation and
                                                 knowingly making inoperative any part                                                                            Regulatory Review) require agencies to
                                                                                                           IV. Confidentiality of Information                     regulate in the ‘‘most cost-effective
                                                 of a device or element of design
                                                                                                           Provided by Program Participants                       manner,’’ to make a ‘‘reasoned
                                                 installed on or in a motor vehicle or
                                                 motor vehicle equipment in compliance                       NHTSA recognizes that companies                      determination that the benefits of the
                                                 with an applicable FMVSS unless they                      may be reluctant to share certain data or              intended regulation justify its costs,’’
                                                 reasonably believe the vehicle or                         information with the Agency in                         and to develop regulations that ‘‘impose
                                                 equipment will not be used (except for                    connection with an exception, an                       the least burden on society.’’
                                                 testing or a similar purpose during                       exemption, or a pilot program because                  Additionally, Executive Orders 12866
                                                 maintenance or repair) when the device                    the data or information is proprietary.                and 13563 require agencies to provide a
                                                 or element is inoperative.27                              The Agency notes that 49 CFR part 512                  meaningful opportunity for public
                                                    However, NHTSA may prescribe                           sets forth the procedures and standards                participation. Accordingly, we have
                                                 regulations to exempt a person or a class                 by which it will consider claims that                  asked commenters to answer a variety of
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                                                 of persons from this prohibition if the                   information submitted to the Agency is                 questions to elicit practical information
                                                 Agency decides the exemption is                           entitled to confidential treatment under               about alternative approaches and
                                                 consistent with motor vehicle safety and                  5 U.S.C. 552(b), most often because the                relevant technical data. These
                                                 the purposes of the Act. For example,                     information constitutes confidential                   comments will help the Department
                                                 pursuant to that authority, NHTSA has                     business information as described in 5                 evaluate whether a proposed
                                                                                                           U.S.C. 552(b)(4). Part 512 also addresses              rulemaking is needed and appropriate.
                                                   26 49   U.S.C. 30114.                                                                                          This action is not subject to the
                                                   27 49   U.S.C. 30122(b).                                  28 49   U.S.C. 30122.                                requirements of E.O. 13771 (82 FR 9339,


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                                                                     Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules                                                50883

                                                 February 3, 2017) because it is an                      documents submitted be scanned using                  the comment closing date indicated
                                                 advance notice of proposed rulemaking.                  an Optical Character Recognition (OCR)                above under DATES. To the extent
                                                                                                         process, thus allowing NHTSA to search                possible, NHTSA will also consider
                                                 VII. Public Comment
                                                                                                         and copy certain portions of your                     comments received after that date.
                                                 How do I prepare and submit                             submissions.
                                                 comments?                                                                                                     How can I read the comments submitted
                                                                                                         How do I submit confidential business                 by other people?
                                                    Your comments must be written and                    information?
                                                 in English. To ensure that your                           If you wish to submit any information                  You may read the comments received
                                                 comments are filed in the correct                       under a claim of confidentiality, you                 at the address given above under
                                                 docket, please include the docket                       must submit three copies of your                      Comments. The hours of the docket are
                                                 number of this document in your                         complete submission, including the                    indicated above in the same location.
                                                 comments.                                               information you claim to be confidential              You may also read the comments on the
                                                    Your comments must not be more                       business information, to the Office of                internet, identified by the docket
                                                 than 15 pages long (49 CFR 553.21).                     the Chief Counsel, NHTSA, at the                      number at the heading of this document,
                                                 NHTSA established this limit to                         address given above under FOR FURTHER                 at http://www.regulations.gov.
                                                 encourage you to write your primary                     INFORMATION CONTACT.                                     Please note that, even after the
                                                 arguments in a concise fashion so that                    In addition, you may submit a copy
                                                 the Agency and the public can more                                                                            comment closing date, NHTSA will
                                                                                                         (two copies if submitting by mail or                  continue to file relevant information in
                                                 readily identify the more significant                   hand delivery) from which you have
                                                 aspects of your comments. However,                                                                            the docket as it becomes available.
                                                                                                         deleted the claimed confidential                      Further, some people may submit late
                                                 you may provide additional supporting                   business information, to the docket by
                                                 arguments and relevant data by                                                                                comments. Accordingly, NHTSA
                                                                                                         one of the methods given above under                  recommends that you periodically
                                                 attaching necessary additional                          ADDRESSES. When you send a comment
                                                 documents to your comments. There is                                                                          check the docket for new material.
                                                                                                         containing information claimed to be
                                                 no limit on the number or length of the                 confidential business information, you                  Authority: 49 U.S.C. 30101 et seq., 49
                                                 attachments.                                            should include a cover letter setting                 U.S.C. 30182.
                                                    Please submit one copy (two copies if                forth the information specified in                      Issued in Washington, DC, on October 3,
                                                 submitting by mail or hand delivery) of                 NHTSA’s confidential business                         2018, under authority delegated in 49 CFR
                                                 your comments, including the                            information regulation (49 CFR part                   part 1.95.
                                                 attachments, to the docket following the                512).                                                 Heidi Renate King,
                                                 instructions given above under
                                                 ADDRESSES. Please note, if you are                      Will NHTSA consider late comments?                    Deputy Administrator.
                                                 submitting comments electronically as a                   NHTSA will consider all comments                    [FR Doc. 2018–21919 Filed 10–9–18; 8:45 am]
                                                 PDF (Adobe) file, we ask that the                       received before the close of business on              BILLING CODE 4910–59–P
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Document Created: 2018-10-10 17:36:22
Document Modified: 2018-10-10 17:36:22
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
ActionAdvance notice of proposed rulemaking (ANPRM).
DatesComments on this document are due no later than November 26, 2018.
ContactFor research and pilot program issues: Dee Williams, Office of Vehicle Safety Research, (202) 366-8537, [email protected], National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
FR Citation83 FR 50872 
RIN Number2127-AL99
CFR Citation49 CFR 555
49 CFR 571
49 CFR 591

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