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

Cathy F. Gautreaux
Federal Motor Carrier Safety Administration
22 August 2018

[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Proposed Rules]
[Pages 42456-42458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18127]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Chapter III

[Docket No. FMCSA-2018-0037]


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

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

ACTION: Announcement of public listening session.

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

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

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

SUPPLEMENTARY INFORMATION: 

Background

    On September 12, 2017, the Department published the Automated

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

FMCSA's 2018 Request for Comments

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

Meeting Participation

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

[[Page 42458]]

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

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