[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 
[email protected].

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]
 BILLING CODE 4910-59-P