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

Wiley Deck
Federal Motor Carrier Safety Administration
10 July 2018

[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Proposed Rules]
[Pages 31944-31945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14780]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Chapter III, Subchapter B

[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: Notice of public listening session.

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SUMMARY: The FMCSA announces a public listening session on July 12, 
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 will provide interested parties an 
opportunity to share their views on the FMCSRs as they relate to the 
development and safe integration of ADS. It will also allow FMCSA to 
share with stakeholders the ADS strategy and open a channel for two-way 
communication. This listening session will supplement the information 
gathered from FMCSA's previous requests for comment on issues related 
to automation. The session will be conducted at the same location as 
the 2018 Automated Vehicles Symposium sponsored by the Association for 
Unmanned Vehicle Systems International and the Transportation Research 
Board. During the session representatives from FMCSA and the Federal 
Highway Administration (FHWA) will solicit information on issues 
relating to the design, development, testing and integration of ADS-
equipped commercial vehicles. Attendees are also encouraged to share 
any data or analysis on this topic with FMCSA and FHWA representatives.

DATES: The meeting will be held Thursday, July 12, 2018, from 1:30 p.m. 
to 3:30 p.m., Pacific Daylight Time (PDT). Comments will be accepted 
from in-person participants as well as comments submitted via the 
internet. If all interested participants have had an opportunity to 
comment, the session may conclude early.

ADDRESSES: The public listening session will be held as part of the 
2018 Automated Vehicles Symposium at the Hilton San Francisco Union 
Square, 333 O'Farrell Street, San Francisco, California 94102. 
Participation in the listening session is free.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Huntley, Division Chief, 
Vehicle and Roadside Operations Division, Office of Carrier, Driver and 
Vehicle Safety, MC-PSV, (202) 366-9209, michael.huntley@dot.gov, 
Federal Motor Carrier Safety Administration, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
    Services for Individuals With Disabilities: For information on 
facilities or services for individuals with disabilities or to request 
special assistance at the meeting, please contact Victoria Waters, 
(734) 647-4217 by July 2, 2018.

SUPPLEMENTARY INFORMATION:

Background

    The FMCSA is responsible for overseeing the safety of CMVs, their 
drivers, and those motor carriers operating CMVs in interstate 
commerce. The Agency works with Federal, State, and local enforcement 
agencies, the motor carrier industry, safety groups, and organized 
labor to reduce crashes, injuries, and fatalities involving large 
trucks and buses.
    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.
    On September 12, 2017, the Department published the Automated 
Driving Systems (ADS): A Vision for Safety 2.0. (the Voluntary 
Guidance), adopting the SAE International (SAE) J3016 standard's 
definition for levels of automation.\1\ The SAE definitions divide 
vehicles into levels base on ``who does what, when.'' Generally:
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    \1\ Publication No. DOT HS 812 442.
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     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 and the July 12 public listening session, the Agency's primary 
focus is SAE Levels 3-5 ADS.
    The FMCSA encourages the development of these advanced safety 
technologies for use in CMVs. The Agency also recognizes the need to 
work with the States and localities to ensure that all testing and use 
of these advanced safety systems supports the safe operation and 
deployment of ADS-equipped CMVs.

FMCSA's 2018 Request for Comments

    On March 28, 2018, FMCSA published ``Request for Comments 
Concerning Federal Motor Carrier Safety Regulations (FMCSRs) Which May 
Be a

[[Page 31945]]

Barrier to the Safe Testing and Deployment of Automated Driving 
Systems-Equipped Commercial Motor Vehicles on Public Roads.'' \2\ The 
notice solicited public comments on existing FMCSRs that may need to be 
updated, modified, or eliminated to facilitate the safe introduction of 
ADS-equipped 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 
FMCSRs likely to be affected as ADS-equipped CMVs are increasingly 
integrated into our roadways, including regulations concerning hours of 
service and driver fatigue, the use of electronic devices, roadside 
inspection, and Commercial Driver's License requirements.
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    \2\ 83 FR 12933, https://www.gpo.gov/fdsys/pkg/FR-2018-03-26/pdf/2018-05788.pdf. To view the public comments, visit 
www.regulations.gov and search under Docket No. FMCSA-2018-0037.
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    To further support FMCSA's effort to understand necessary changes 
to the FMCSRs, FMCSA requested information 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, tested and deployed; and, (3) 
suggested measures to ensure the protection of any proprietary or 
confidential business information shared with the Agency on this topic.
    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).
    In the Spring Regulatory and Deregulatory Agenda issued after the 
publication of the March 28 RFC notice, FMCSA announced the initiation 
of rulemaking concerning ADS-equipped CMVs beginning with an Advance 
Notice of Proposed Rulemaking (ANPRM), which is currently scheduled to 
be published in late 2018 (``Safe Integration of Automated Driving 
Systems-Equipped Commercial Motor Vehicles,'' RIN 2126-AC17).

Meeting Participation

    The FMCSA hopes to supplement the information gathered from the RFC 
by targeting stakeholders who have not previously provided many 
comments, including academia, insurance groups, and technology 
providers and developers. The listening session will provide interested 
parties an opportunity to provide information and data that can inform 
the Agency's future rulemaking efforts by sharing their views on the 
FMCSRs as they relate to the development and safe integration of ADS 
through oral presentations. The Agency will provide the public with all 
relevant details for this meeting at: http://www.fmcsa.dot.gov.
    Oral comments from the public will be heard during the meeting. 
Members of the public may also 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.
     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: July 5, 2018.
Wiley Deck,
 Director of Governmental Affairs.
[FR Doc. 2018-14780 Filed 7-6-18; 11:15 am]
 BILLING CODE 4910-EX-P