[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