Federal Automated Vehicles Policy |
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Nathaniel Beuse
National Highway Traffic Safety Administration
29 November 2016
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Proposed Rules]
[Pages 85917-85919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28628]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Chapter V
[Docket No. NHTSA-2016-0090], Notice 3
Federal Automated Vehicles Policy
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of public meeting.
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SUMMARY: NHTSA is announcing a public meeting to seek input
specifically on the Model State Policy and Modern Regulatory Tools
sections of the recently released Federal Automated Vehicles Policy
(the Policy). The Policy is guidance that seeks to speed the delivery
of an initial regulatory framework for highly automated vehicles (HAVs)
as well as encourage conformance with best practices to guide
manufacturers and other entities in the safe design, development,
testing, and deployment of HAVs.
The Model State Policy builds on collective knowledge gathered from
safety stakeholders, and is intended to help avoid a patchwork of
inconsistent laws and regulations. It outlines States' roles in
regulating HAVs and lays out model procedures and requirements for use
by States that wish to enact laws governing HAVs.
The Modern Regulatory Tools section includes potential new tools
and authorities that could help NHTSA overcome the challenges and take
advantage of the opportunities involved in the safe and expeditious
development of HAVs.
Held in two distinct parts, the public meeting in the morning
session will be an open listening session for the Model State Policy.
In the afternoon session, there will be moderated panel discussions on
the Modern Regulatory Tools. All comments during the public meeting
will be oral.
DATES: NHTSA will hold the public meeting on December 12, 2016, in
Arlington, VA. The meeting will start at 8:30 a.m. and continue until 5
p.m. local time. Check-in will begin at 8 a.m.
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Attendees should arrive early enough to be seated by 8:30 a.m.
ADDRESSES: The meeting will be held at the United States Army
Conference and Event Center (CEC), located at 2425 Wilson Boulevard,
Arlington, VA 22201 (Courthouse Metro Station). This facility is
accessible to individuals with disabilities. The meeting will also be
webcast live, and a link to the webcast will be available through
http://www.nhtsa.gov/nhtsa/av/index.html.
Docket: A docket (NHTSA-2016-0090) was created as an option for
members of the public to submit written comments on the Policy. The
formal docket comment period closed on November 22, 2016. Additional
comments may still be submitted. Comments not received in time to be
considered in the next iteration of the document will be considered in
a future iteration of it. For access to the docket, go to http://www.regulations.gov at any time or to 1200 New Jersey Avenue SE., West
Building, Ground Floor, Room W12-140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
Telephone: 202-366-9826.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78), you may visit
http://www.dot.gov/privacy.html.
FOR FURTHER INFORMATION CONTACT: If you have questions about the public
meeting, please contact Ms. Yvonne Clarke, Program Assistant, Office of
Vehicle Safety Research at (202) 366-1845 or by email at
av_info_nhtsa@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
On September 20, 2016, DOT released the Federal Automated Vehicles
Policy (the Policy). The Policy is intended to ensure automated vehicle
technologies are safely introduced and achieve their full safety
potential by removing possible roadblocks to the integration of
innovative automotive technology. The full Policy can be found at
www.nhtsa.gov/AV.
Following publication of the Policy and during the open comment
period of the Policy, NHTSA held the first in a series of public
meetings on November 10, 2016. The morning session of the meeting
focused on all four sections of the Policy: Section I: Vehicle
Performance Guidance for Automated Vehicles, Section II: Model State
Policy, Section III: NHTSA's Current Regulatory Tools, and Section IV:
Modern Regulatory Tools. Comments were presented in an open listening
session forum. The afternoon session focused specifically on the Safety
Assessment, included under Section I: Vehicle Performance Guidance for
Automated Vehicles. NHTSA extended invitations to specific
organizations and individuals to ensure a broad perspective regarding
submission of a Safety Assessment Letter. The session closed with
opening the floor for further comments as desired.
Meeting
NHTSA is seeking input through this series of public meetings to
further refine the Policy. The public meeting on December 12, 2016, the
second in the series, is being held to provide individuals an
opportunity to offer oral feedback regarding the following sections of
the Policy: Section II: Model State Policy and Section IV: Modern
Regulatory Tools.
During the morning session, the agency will seek input specifically
on Section II: Model State Policy. This session will focus on gathering
feedback regarding how the States, manufacturers, and other entities
have understood and interpreted the Model State Policy. States have
already begun passing laws and developing regulations surrounding HAVs.
A national dialogue is necessary to gather additional information on
any potential challenges foreseen, suggestions for clarification, and
recommended improvements to assist in avoiding a patchwork of
inconsistent laws and regulations. The session will be an open
listening session in which individuals or organizations can register to
speak or, if time permits, provide oral comments at the conclusion of
the morning session.
During the afternoon session of the meeting, the Agency will seek
specific input on Section IV: Modern Regulatory Tools. This section
identifies potential new regulatory tools and statutory authorities
that may aid the safe and efficient deployment of new lifesaving
technologies. This session will focus on gathering feedback on the new
tools and authorities discussed in this section, as well as other ideas
and suggestions to assist in the safe development, testing, and
deployment of HAVs. This session will consist of six moderated panels.
Each panel will run approximately 35 minutes and be guided by questions
appropriate for the topic at hand. Panels will focus on the following
subject areas:
Panel I: Safety Assurance: Tools to demonstrate that entities
design, manufacturing, and testing processes apply the NHTSA
performance guidance, industry best practices, and other performance
criteria and standards to assure the safe operation of motor vehicles,
before those vehicles are deployed on public roads.
Panel II: Pre-Market Approval Authority: Pre-market approval is a
substantially different regulatory approach than the current self-
certification used by NHTSA. The discussion provided in the Policy is a
preliminary exploration of issues and not intended as an endorsement.
Panel III: Imminent Hazard Authority: This authority would enable
NHTSA to require manufacturers to take immediate action to mitigate
safety risks deemed imminent hazards.
Panel IV: Expanded Exemption Authority for HAVs: Expanded exemption
authority could change the volume and or time limit of the existing
exemption authority to allow for greater flexibility and increase
opportunities for data collection, analysis, and planning.
Panel V: Post-Sale Tools To Regulate Software Changes: Post-Sale
updates in software could substantially change the functionality and
operation that HAVs had when they were certified at the time of their
manufacture. Additional tools may be useful in monitoring and
regulating such updates.
Panel VI: Tools: The Policy highlights multiple tools that could
potentially be used in safe deployment if given authority or
clarification: Variable test procedures to ensure behavioral competence
and avoid gaming of tests, functional and system safety, regular
reviews for making agency testing protocols iterative and forward-
looking, additional record keeping/reporting, and enhanced data
collection tools.
Registration is necessary for all attendees. Attendees, including
those who do not plan to make any oral remarks at the meeting, should
register at: https://docs.google.com/forms/d/152ETANkzDa62u2_b5AkuC1Qj00xDMKP292AYZk03R78/edit by December 9, 2016.
Please provide your name, email address, and affiliation, indicate if
you wish to offer oral technical remarks, and please indicate whether
you require accommodations such as a sign language interpreter. Space
is limited, so advanced and early registration is highly encouraged.
Although attendees will be given the opportunity to offer technical
remarks, there will not be time for attendees to
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make audio-visual presentations during the meeting. Additionally, NHTSA
may not be able to accommodate all attendees who wish to make oral
remarks. NHTSA will conduct the public meeting informally, and
technical rules of evidence will not apply. We will arrange for a
written transcript of the meeting. You may make arrangements for copies
of the transcripts directly with the court reporter. The transcript
will also be posted in the docket when it becomes available.
Should it be necessary to cancel the meeting due to inclement
weather or other emergency, NHTSA will take all available measures to
notify registered participants.
Draft Meeting Agenda
8:00-8:30 a.m.--Arrival/Check-In
8:30-8:45 a.m.--Welcome/Important Notices/Format
8:45-9:00 a.m.--NHTSA Leadership Address
9:00-12:00 p.m.--Open Listening Session on Section II: Model State
Policy
12:00-1:00 p.m.--Lunch (on your own)/Arrival/Check-In
1:00-1:35 p.m.--Modern Regulatory Tools--Panel I: Safety Assurance
1:35-2:10 p.m.--Modern Regulatory Tools--Panel II: Pre-Market Approval
2:10-2:45 p.m.--Modern Regulatory Tools--Panel III: Imminent Hazard
Authority
2:45-3:00 p.m.--Break
3:00-3:35 p.m.--Modern Regulatory Tools--Panel IV: Expanded Exemption
Authority
3:35-4:10 p.m.--Modern Regulatory Tools--Panel V: Post Sale Tools to
Regulate Software Changes
4:10-4:45 p.m.--Modern Regulatory Tools--Panel VI: Tools
4:45-5:00 p.m.--Closing Remarks/Adjourn
Morning Session Meeting Topic
The morning session of the meeting will be an open listening
session and an opportunity for individuals to offer oral remarks on
Section II: Model State Policy of the Federal Automated Vehicles Policy
(the Policy). This section describes the responsibilities of both the
Federal and State governments in regards to the regulation of HAVs and
recommends policy areas for States to consider for the validation,
testing, and deployment of highly automated vehicles with the goal of
generating a consistent national framework.
Specifically, commenters are asked to discuss the following topics
at the meeting:
Content
The agency seeks comment on the content included within the Model
State Policy:
Are there any areas within the Model State Policy that need
additional clarification?
Are there any gaps that you have identified in the Model State
Policy?
What barriers or challenges do you foresee that might hinder the
ability for implementation of the guidance?
The Federal and State Roles
The agency seeks comment on the Federal and State Roles portion of
the Model State Policy. Does the Policy clearly identify the
appropriate roles and division of regulatory responsibilities for motor
vehicle operations between Federal and State authorities?
Application for Manufacturers or Other Entities To Test HAVs
on Public Roadways
The agency seeks comment on the amount and type of information that
a jurisdiction would deem appropriate to receive from NHTSA that would
identify that each vehicle used for testing by manufacturers or other
entities follows the Performance Guidance set forth by NHTSA and meets
all applicable Federal Motor Vehicle Safety Standards?
Liability and Insurance
States are responsible for determining liability rules for HAVs.
For example, if a HAV is determined to be at fault in a crash then who
should be held liable? For Insurance, States need to determine who
(owner, operator, passenger, manufacturer, etc.) must carry motor
vehicle insurance. What additional insurance and liability issues have
States identified? Would it be desirable for NHTSA to create a
commission to study such and make recommendations to the States?
Afternoon Session Meeting Topic
The afternoon session of the meeting provides an opportunity for
invited individuals to comment on Section IV: Modern Regulatory Tools.
This session will consist of six moderated panels. The panels will run
approximately 35 minutes and be guided by questions appropriate for the
topics at hand: Panel I: Safety Assurance, Panel II: Pre-Market
Approval Authority, Panel III: Imminent Hazard Authority, Panel IV:
Expanded Exemption Authority for HAVs, Panel V: Post-Sale Tools To
Regulate Software Changes, and Panel VI: Tools. This section identifies
potential new regulatory tools and statutory authorities that may aid
the safe and efficient deployment of new lifesaving technologies.
Nathaniel Beuse,
Associate Administrator for Vehicle Safety Research.
[FR Doc. 2016-28628 Filed 11-28-16; 8:45 am]
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