BMW of North America, LLC--Receipt of Petition for Temporary Exemption From FMVSS No. 108 for Adaptive Driving Beam; BMW of North America, LLC and Volkswagen Group of America--Request for Certain Information To Support Petitions for Adaptive Driving Beams |
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Topics: BMW, Volkswagen, Federal Motor Vehicle Safety Standards
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Raymond R. Posten
National Highway Traffic Safety Administration
22 March 2018
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Notices]
[Pages 12650-12653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05772]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0018]
BMW of North America, LLC--Receipt of Petition for Temporary
Exemption From FMVSS No. 108 for Adaptive Driving Beam; BMW of North
America, LLC and Volkswagen Group of America--Request for Certain
Information To Support Petitions for Adaptive Driving Beams
AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).
ACTION: Notice of receipt of a petition for a temporary exemption of
adaptive driving beam (ADB) headlighting systems from certain headlamp
requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 108;
Lamps, reflective devices, and associated equipment and request for
certain information for exemption petitions for ADB headlighting
systems.
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SUMMARY: In accordance with the procedures in 49 CFR part 555, BMW of
North America, LLC has petitioned the Agency for a temporary exemption
from certain headlamp requirements of FMVSS No. 108 to allow the use of
its Glare-Free High Beam Assist, a type of ADB headlighting system. BMW
requests the exemption on the basis that it would facilitate the
development or field evaluation of a new motor vehicle safety feature
providing a safety level at least equal to that of the standard. NHTSA
has made no judgment on the merits of the application. This notice of
receipt of an application for a temporary exemption is published in
accordance with statutory and administrative provisions.
We also request additional information from BMW, Volkswagen (for
which the Agency previously published a notice of receipt of an
exemption petition for an ADB headlighting system) and other
manufacturers who petition for similar exemptions for ADB systems.
DATES: You should submit your comments not later than April 23, 2018.
FOR FURTHER INFORMATION CONTACT: John Piazza, Office of the Chief
Counsel, NCC0200, National Highway Traffic Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590. Telephone: 202-366-2992;
Fax: 202-366-3820.
ADDRESSES: We invite you to submit comments on the application
described above. You may submit comments identified by docket number in
the heading of this notice by any of the following methods:
Fax: 1-202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, Room W12-140, 1200 New Jersey Avenue SE, Washington,
DC 20590.
Hand Delivery: 1200 New Jersey Avenue SE, West Building
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket number. Note that all comments received will be posted without
change to http://www.regulations.gov, including any personal
information provided. Please see the Privacy Act discussion below. We
will consider all comments received before the close of business on the
comment closing date indicated above. To the extent possible, we will
also consider comments filed after the closing date.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays. Telephone: 202-366-9826.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register
[[Page 12651]]
published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or
you may visit http://www.dot.gov/privacy.html.
Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you should submit three
copies of your complete submission, including the information you claim
to be confidential business information, to the Chief Counsel, NHTSA,
at the address given under FOR FURTHER INFORMATION CONTACT. In
addition, you should submit two copies, from which you have deleted the
claimed confidential business information, to Docket Management at the
address given above. When you send a comment containing information
claimed to be confidential business information, you should include a
cover letter setting forth the information specified in our
confidential business information regulation (49 CFR part 512).
SUPPLEMENTARY INFORMATION:
I. Background
In 2016, Volkswagen Group of America (Volkswagen) submitted a
petition for an exemption from certain requirements of Federal Motor
Vehicle Safety Standard (FMVSS) No. 108; Lamps, reflective devices, and
associated equipment, to allow the use of ADB headlights. NHTSA
published a notice of receipt of this petition on September 11, 2017
(82 FR 42720) and provided a 30-day comment period. BMW of North
America, LLC (BMW) has submitted a similar petition, dated October 27,
2017, for an ADB system. Since the petitions are similar, we are
placing them in the same docket. However, they may or may not be
jointly decided.
This notice accomplishes two things. First, it serves as a notice
of receipt of BMW's petition. Second, it requests additional
information from both Volkswagen and BMW. In addition, if other
manufacturers submit similar petitions for ADB systems, we ask that
they furnish the information detailed in this notice. As we note below,
the requested information is not required, but it will assist the
Agency in determining whether it can make the findings required in
order to grant exemptions for ADB systems.
II. Statutory Authority for Temporary Exemptions
The National Traffic and Motor Vehicle Safety Act (Safety Act),
codified at 49 U.S.C. Chapter 301, provides the Secretary of
Transportation authority to exempt, on a temporary basis and under
specified circumstances, motor vehicles from a motor vehicle safety
standard or bumper standard. This authority is set forth at 49 U.S.C.
30113. The Secretary has delegated the authority for implementing this
section to NHTSA.
The Safety Act authorizes the Secretary to grant a temporary
exemption to a vehicle manufacturer under certain conditions. Under the
conditions relevant to this petition, the Secretary may grant a
petition on finding that the exemption is consistent with the public
interest and with the Safety Act, and that the exemption would make
easier the development or field evaluation of a new motor vehicle
safety feature providing a safety level at least equal to the safety
level of the standard.\1\
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\1\ 49 U.S.C. 30113(3).
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NHTSA established 49 CFR part 555, Temporary Exemption from Motor
Vehicle Safety and Bumper Standards, to implement the statutory
provisions concerning temporary exemptions. The requirements specified
in 49 CFR 555.5 state that the petitioner must set forth the basis of
the application by providing the information required under Part 555.6,
and the reasons why the exemption would be in the public interest and
consistent with the objectives of 49 U.S.C. Chapter 301.
A petition on the basis that the exemption would make easier the
development or field evaluation of a new motor vehicle safety feature
providing a safety level at least equal to the safety level of the
standard must include the information specified in 49 CFR 555.6(b). The
main requirements of that section include:
(1) A description of the safety or impact protection features, and
research, development, and testing documentation establishing the
innovational nature of such features;
(2) An analysis establishing that the level of safety or impact
protection of the feature is equivalent to or exceeds the level of
safety or impact protection established in the standard from which
exemption is sought, including the following: A detailed description of
how a vehicle equipped with the safety or impact protection feature
differs from one that complies with the standard; if applicant is
presently manufacturing a vehicle conforming to the standard, the
results of tests conducted to substantiate certification to the
standard; and the results of tests conducted on the safety or impact
protection features that demonstrates performance which meets or
exceeds the requirements of the standard;
(3) Substantiation that a temporary exemption would facilitate the
development or field evaluation of the vehicle;
(4) A statement whether, at the end of the exemption period, the
manufacturer intends to conform to the standard, apply for a further
exemption, or petition for rulemaking to amend the standard to
incorporate the safety or impact protection features; and
(5) A statement that not more than 2,500 exempted vehicles will be
sold in the United States in any 12-month period for which an exemption
may be granted pursuant to this paragraph.
III. Overview of BMW's Petition
BMW has submitted a petition asking the Agency for a temporary
exemption from certain headlamp requirements of FMVSS No. 108 for
vehicles equipped with its Glare-Free High Beam Assist, a type of ADB
headlamp system. ADB is defined by SAE International (SAE) as a long-
range forward visibility light beam that adapts to the presence of
opposing (i.e., approaching from the opposite direction) and preceding
vehicles by modifying portions of the projected light in order to
reduce glare to the drivers and riders of those vehicles. BMW is
targeting deployment of its Glare-Free High Beam Assist for the 2019
model year.
In order to do so, BMW requests an exemption from the requirements
of S9.4 and S10.14.6 of FMVSS No. 108. S9.4 requires that a vehicle
have a means of switching between lower and upper beams designed and
located so that it may be operated conveniently by a simple movement of
the driver's hand or foot; that the switch have no dead point; and,
except as provided by S6.1.5.2, that the lower and upper beams must not
be energized simultaneously except momentarily for temporary signaling
purposes or during switching between beams. S10.14.6 specifies the
photometry requirements for integral beam headlighting systems. BMW
seeks an exemption from the requirement of S9.4 that prohibits the
simultaneous energization of the lower and upper beams. BMW seeks an
exemption from the upper beam photometry requirements of S10.14.6 of
FMVSS 108. The photometry requirements specify minimum and maximum
photometric intensities of the upper beam light that may not be met by
the Glare-Free High Beam Assist.
The basis for the application is that the exemption would make
easier the development or field evaluation of a new motor vehicle
safety feature providing a safety level at least equal to that of the
standard. BMW explains how the Glare-Free High Beam Assist operates and
the safety benefits it
[[Page 12652]]
believes the system would offer. BMW explains that the safety benefit
is that it incorporates the advantages of upper beams, thereby
enhancing visibility, while avoiding the disadvantages of upper beams
by adjusting the light distribution and intensity to eliminate
unnecessary glare for other road users. BMW intends to bring the Glare-
Free High Beam Assist into the U.S. market utilizing its BMW Laserlight
system. The BMW Laserlight is currently produced on the BMW i8 and
features an FDA-approved laser that provides the upper beam function.
In order to establish the innovative and safety-improving nature of
the Glare-Free High Beam Assist, BMW references research and testing
documentation, including the following: an analysis conducted by BMW of
real-world upper beam use in vehicles with and without Glare-Free High
Beam Assist; a study comparing the glare of low beam, upper beam, and
glare-free upper beams illumination under different road conditions;
and the research referenced in the pending Toyota and Volkswagen
petitions.\2\
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\2\ In March 2013, Toyota submitted a petition for rulemaking to
amend FMVSS No. 108 to permit manufacturers the option of equipping
vehicles with ADB technology (Docket No. NHTSA-2013-0004).
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BMW explains that it first offered its Glare-Free High Beam Assist
in the European market in March 2012 and has since produced
approximately 612,131 vehicles so equipped. In that time, BMW received
417 customer complaints related to the headlamps and/or camera system,
equating to a rate of less than 0.07%. (BMW states that because these
complaints encompass all claims related to the subsystems shared by the
traditional High Beam Assist function, the Glare-Free High Beam Assist
system may only represent a subset of those total claims.) BMW also
states that since the introduction of the Glare-Free High Beam Assist
in 2012 it has made numerous improvements to the system. BMW states
that all vehicles sold under the exemption will meet the SAE standard
for ADB systems, SAE J3069 JUN2016. BMW also provides a compliance test
report to demonstrate that vehicles it currently manufacturers comply
with the headlamp-related requirements of FMVSS No. 108.
BMW states that a temporary exemption would facilitate the
development and field evaluation of the Glare-Free High Beam Assist.
BMW states that testing of the system with consumers in a diverse set
of conditions would provide invaluable information about the system
that could not be obtained through testing using professional
evaluators in laboratory conditions. BMW states that it would obtain
data through field testing concerning the amount of time that the
headlights are on, the time that the system is activated, the time that
full upper beams from the system are on, and the time that the Glare-
Free High Beam Assist is activated.
BMW requests a two-year exemption and states that it will not sell
more than 2,500 exempted vehicles in any 12-month period covered by the
exemption. If the law concerning the maximum number of exempted
vehicles should change before the present exemption is approved, BMW
requests that NHTSA extend BMW's maximum allowable production limit to
reflect those changes, if warranted.
IV. Completeness of BMW's Petition
Upon receiving a petition, NHTSA conducts an initial review of the
petition to determine whether it is complete and whether the petitioner
appears to be eligible to apply for the requested exemption. The Agency
has tentatively concluded that the petition from BMW is complete and
that BMW is eligible to apply for a temporary exemption. The Agency has
not made any judgment on the merits of the application, and is placing
a copy of the petition and other related materials in the docket.
However, as explained below, we are requesting additional information
from BMW (as well as from Volkswagen and other manufacturers who submit
exemption petitions for ADB headlamps).
V. Request for Additional Information From BMW and Volkswagen as Well
as Any Subsequent Petitioners for ADB Systems
Although we have concluded that the petitions submitted by
Volkswagen and BMW are technically complete (i.e., contain the
information required by Sec. 555.5), NHTSA is seeking additional
information from both petitioners. While the information we are
requesting is not required, its submission will improve the
persuasiveness of the petitions and may influence the timing and nature
of the Agency's ultimate decisions on the petitions. If either
Volkswagen or BMW does not intend to send in the additional information
identified below, we ask that it notify the Agency in writing.
In addition, the Agency requests than any future exemption
petitions for ADB systems include this information.
Additional Information Requested
We request that Volkswagen and BMW (unless they have already
provided the identified information to the Agency), as well as any
future petitioners for ADB systems, provide the Agency with information
(such as test reports, evaluations, and narrative explanations)
demonstrating the following:
1. Their system meets the requirements of Section 6.5 in SAE J3069
JUN2016. This requirement specifies a variety of test drives of a
vehicle equipped with ADB and requires that the measured illuminance
must remain below the maximum values specified in the standard.\3\
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\3\ These values are based on NHTSA-sponsored research. See
Michael J. Flannagan & John M. Sullivan. 2011. Feasibility of New
Approaches for the Regulation of Motor Vehicle Lighting Performance.
Washington, DC: National Highway Traffic Safety Administration.
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2. Within the ADB Non-Glare Zone,\4\ their system meets the
photometric intensity requirements specified in Table XIX-a, XIX-b, or
XIX-c (i.e., the lower beam photometric test points) in FMVSS No. 108,
as specified in Table II of that standard for the applicable headlamp
unit and aiming method, when tested according to the procedure of
S14.2.5 of that standard, and, for replaceable bulb headlighting
systems, when using any replaceable light source designated for use in
the system under test.
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\4\ As defined in SAE J3069 this is ``[t]he area of reduced
light intensity in the ADB directed towards opposing or preceding
vehicles.''
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3. Outside the ADB Non-Glare Zone, their system meets the
photometric intensity requirements specified in Table XVIII in FMVSS
No. 108 (i.e., the upper beam photometric test points) as specified in
Table II of that standard for the applicable headlamp unit and aiming
method, when tested according to the procedure of S14.2.5 of that
standard, and, for replaceable bulb headlighting systems, when using
any replaceable light source designated for use in the system under
test.
4. Their vehicle is equipped with a lower beam that complies with
all photometric and other requirements of FMVSS No. 108 for the lower
beam.
5. Their vehicle is equipped with an upper beam that complies with
all photometric and other requirements of FMVSS No. 108 for the upper
beam.
6. Their headlighting system will never provide a beam pattern
other than one that meets the criteria of either (i) Item 2 and Item 3
above; or (ii) Item 4 above; or (iii) Item 5 above;
7. Their system contains a manual driver override which is simple
to operate and easy to understand.
8. Their system reverts to lower beam if the camera and/or other
equipment is
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obstructed or the system experiences any other malfunction.
9. Unless manually over-ridden by the driver, their lighting
systems produces a lower beam compliant with all FMVSS No. 108 lower
beam photometric test points at speeds under 25 mph.
For any of the photometric requirements referenced above, NHTSA
requests that petitioners provide the measured illuminance values for
the specified test points, and not simply state whether the measured
illuminance value is a ``Pass'' or a ``Fail.'' If the measured
illuminance values exceed the specified maximum or fall short of the
specified minimum, it would be advantageous to the petitioner to
explain these results.
VI. Comment Period
The agency seeks comment from the public on the merits of BMW's
application for a temporary exemption from S9.4 and S10.14.6 of FMVSS
No. 108. We are providing a 30-day comment period.
In addition, when the Agency receives from Volkswagen and BMW
either notice that they intend not to submit the requested information
or all or part of the requested information, the Agency will publish a
notice of availability in the Federal Register and place the submission
in the docket. After considering public comments and other available
information, we will publish (either jointly or a separately) a notice
of final action on the applications in the Federal Register.
Raymond R. Posten
Associate Administrator for Rulemaking.
[FR Doc. 2018-05772 Filed 3-21-18; 8:45 am]
BILLING CODE 4910-59-P