Reports, Forms, and Record Keeping Requirements, 65709-65716 [2016-23013]
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strongly encouraged to take steps to
proactively identify and resolve safety
concerns before their products are
available for use on U.S. roadways, and
to discuss such actions with NHTSA.
The Agency recognizes that most
automated safety technologies heavily
involve electronic systems (such as
hardware, software, sensors, global
positioning systems (GPS) and vehicleto-vehicle (V2V) safety communications
systems). The Agency acknowledges
that the increased use of electronic
systems in motor vehicles and motor
vehicle equipment may raise new and
different safety concerns. However, the
complexities of these systems do not
diminish manufacturers’ duties under
the Safety Act. Both motor vehicle
manufacturers and motor vehicle
equipment manufacturers remain
responsible for ensuring that their
vehicles and equipment are free of
safety-related defects and
noncompliances, and do not otherwise
pose an unreasonable risk to safety.
Manufacturers are also reminded that
they remain responsible for promptly
reporting to NHTSA any safety-related
defects or noncompliances, as well as
timely notifying owners and dealers of
the same.
In assessing whether a motor vehicle
or item of motor vehicle equipment
poses an unreasonable risk to safety,
NHTSA considers the vehicle
component or system involved, the
likelihood of the occurrence of a hazard,
the potential frequency of a hazard, the
severity of hazard to the vehicle and
occupant, known engineering or root
cause, and other relevant factors. Where
a threatened hazard is substantial (e.g.,
fire or stalling), low potential frequency
may not carry as much weight in
NHTSA’s analysis. NHTSA may weigh
the above factors, and other relevant
factors, differently depending on the
circumstances of the particular
underlying matter at issue.
Software installed in or on a motor
vehicle—which is motor vehicle
equipment—presents its own unique
safety risks. Because software often
interacts with a motor vehicle’s critical
systems (i.e., systems encompassing
critical control functions such as
braking, steering, or acceleration), the
operation of those systems can be
substantially altered by after-market
software updates. Software located
outside the motor vehicle could also be
used to affect and control a motor
vehicle’s critical systems.4 Under either
4 NHTSA intends to publish an interpretation
clarifying in further detail the Agency’s criteria for
determining whether a portable device or portable
application is an ‘‘accessory’’ to a motor vehicle at
a later date.
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circumstance, if software (whether or
not it purports to have a safety-related
purpose) creates or introduces an
unreasonable safety risk to motor
vehicle systems, then that safety risk
constitutes a defect compelling a recall.
While the Agency acknowledges that
manufacturers are not required to design
motor vehicles or motor vehicle
equipment that ‘‘never fail,’’
manufacturers should consider
developing systems such that should an
electrical, electronic, mechanical, or
software failure occur, the vehicle or
equipment can still be operated in a
manner to mitigate the risks from such
failures. Furthermore, with the
increased introduction of current and
emerging automated safety technologies,
manufacturers should take steps
necessary to ensure that any such
technology introduced to U.S. roadways
accounts for the driver’s ease of use and
any foreseeable misuse that may occur,
particularly in circumstances that
require driver interaction while a
vehicle is in operation. A system design
or configuration that fails to take into
account and safeguard against the
consequences of reasonably foreseeable
driver distraction or error may present
an unreasonable risk to safety.
For example, an unconventional
electronic gearshift assembly that lacks
detents or other tactile cues that provide
gear selection feedback makes it more
likely that a driver may attempt to exit
a vehicle with the mistaken belief that
the vehicle is in park. If the vehicle’s
design does not guard against this
foreseeable driver error by providing an
effective warning or (for instance)
immobilizing the vehicle when the
driver’s door is opened, the design may
present an unreasonable risk to safety.
Similarly, a semi-autonomous driving
system that allows a driver to relinquish
control of the vehicle while it is in
operation but fails to adequately
account for reasonably foreseeable
situations where a distracted or
inattentive driver-occupant must retake
control of the vehicle at any point may
also be an unreasonable risk to safety.
Additionally, where a software system
is expected to last the life of the vehicle,
manufacturers should take care to
provide secure updates as needed to
keep the system functioning.
Conversely, if a manufacturer fails to
provide secure updates to a software
system and that failure results in a
safety risk, NHTSA may consider such
a safety risk to be a safety-related defect
compelling a recall.
Motor vehicle and motor vehicle
equipment manufacturers have a
continuing obligation to proactively
identify safety concerns and mitigate the
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65709
risks of harm. If a manufacturer
discovers or is otherwise made aware of
any safety-related defects,
noncompliances, or other safety risks
after the vehicle and/or equipment
(including automated safety technology)
has been in safe operation, then it
should promptly contact the appropriate
NHTSA personnel to determine the
necessary next steps. Where a
manufacturer fails to adequately address
a safety concern, NHTSA, when
appropriate, will address that failure
through its enforcement authority.
Applicability/Legal Statement: This
Enforcement Guidance Bulletin sets
forth NHTSA’s current views on its
enforcement authority and the topic of
automated safety technology, and
suggests guiding principles and best
practices to be utilized by motor vehicle
and equipment manufacturers in this
context. This Bulletin is not a final
agency action and is intended as
guidance only. This Bulletin does not
have the force or effect of law. This
Bulletin is not intended, nor can it be
relied upon, to create any rights
enforceable by any party against
NHTSA, the U.S. Department of
Transportation, or the United States.
These recommended practices do not
establish any defense to any violations
of the Safety Act, or regulations
thereunder, or violation of any statutes
or regulations that NHTSA administers.
This Bulletin may be revised without
notice to reflect changes in the Agency’s
views and analysis, or to clarify and
update text.
Authority: 49 U.S.C. 30101–30103, 30116–
30121, 30166; delegation of authority at 49
CFR 1.95 and 49 CFR 501.8.
Issued: September 20, 2016.
Paul A. Hemmersbaugh,
Chief Counsel.
[FR Doc. 2016–23010 Filed 9–22–16; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2016–0091]
Reports, Forms, and Record Keeping
Requirements
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Request for public comment on
proposed collection of information.
AGENCY:
Before a Federal agency may
collect certain information from the
public, it must receive approval from
SUMMARY:
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the Office of Management and Budget
(OMB). Under procedures established
by the Paperwork Reduction Act of
1995, before seeking OMB approval,
Federal agencies must solicit public
comment on proposed collections of
information, including extensions and
reinstatements of previously approved
collections. This document describes a
collection of information for which
NHTSA intends to seek OMB approval.
DATES: Comments must be received on
or before November 22, 2016.
ADDRESSES: You may submit comments
using any of the following methods:
Electronic submissions: Go to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Mail: Docket Management Facility,
M–30, U.S. Department of
Transportation, West Building, Ground
Floor, 1200 New Jersey Ave. SE., Room
W12–140, Washington, DC 20590.
Hand Delivery: West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Fax: (202) 493–2251.
Instructions: Each submission must
include the Agency name and the
Docket number for this proposed
collection of information. Note that all
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
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 (65 FR
19477–78) or you may visit https://
www.dot.gov/privacy.html.
FOR FURTHER INFORMATION CONTACT: Ms.
Yvonne Clarke, NHTSA, 1200 New
Jersey Avenue SE., Washington, DC
20590; Telephone (202) 366–1845;
Facsimile: (202) 366–2106; email
address: Yvonne.e.clarke@dot.gov.
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995,
before an agency submits a proposed
collection of information to OMB for
approval, it must first publish a
document in the Federal Register
providing a 60-day comment period and
otherwise consult with members of the
public and affected agencies concerning
each proposed collection of information.
OMB has promulgated regulations
describing what must be included in
such a document. Under OMB’s
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regulation (at 5 CFR 1320.8(d)), an
agency must request public comment on
the following:
(i) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(ii) the accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
(iii) how to enhance the quality,
utility, and clarity of the information to
be collected;
(iv) how to minimize the burden of
the collection of information on those
who are to respond, including the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g. permitting
electronic submission of responses.
In compliance with these
requirements, NHTSA asks for public
comments on the following proposed
collection of information:
Title: Vehicle Performance Guidance.
Type of Request: New collection.
OMB Clearance Number: None.
Form Number: NHTSA Form 1157.
Requested Expiration Date of
Approval: Three years from date of
approval.
Summary of the Collection of
Information: On September 20, 2016,
the Department of Transportation
published the policy 1 document titled
Federal Automated Vehicles Policy.
Recognizing the potential that highly
automated vehicles (HAVs) have to
enhance safety and mobility, this
document sets out an approach to
enable the safe deployment of L2 and
HAV systems. An HAV system is
defined as one that corresponds to
Conditional (Level 3), High (Level 4),
and Full (Level 5) Automation, as
defined in SAE J3016. 2 HAV systems
rely on the automation system (not on
a human driver) to monitor the driving
environment for at least certain aspects
of the driving task. An L2 system, also
described in SAE J3016, is different
because the human driver is never
1 Conformance to the guidance in Federal
Automated Vehicles Policy is voluntary. See Fixing
America’s Surface Transportation Act, Public Law
114–94, 24406 (2015) (‘‘No guidelines issued by the
Secretary with respect to motor vehicle safety shall
confer any rights on any person, State, or locality,
nor shall operate to bind the Secretary or any
person to the approach recommended in such
guidelines’’).
2 For more information about SAE J3016, see
https://www.sae.org/misc/pdfs/automated_
driving.pdf.
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relieved of the responsibility to monitor
the driving environment.
Although there is a clear technical
distinction between HAV systems and
lower levels of automation (L2 and
below) based on whether the automated
system relies on the human driver when
engaged and in operation, the Guidance
suggests that L2 and HAV
manufacturers apply elements of this
Guidance during product development,
testing, and deployment. With a few
exceptions detailed in the tables below,
Federal Automated Vehicles Policy
applies equally to HAV and L2 systems.
NHTSA seeks comment on its burden
estimates regarding HAV and L2
systems and how those burdens might
differ.
The speed with which increasingly
complex L2 and HAV systems are
evolving challenges DOT and NHTSA to
take approaches that ensure these
technologies are safely introduced,
provide safety benefits today, and
achieve their full safety potential in the
future.
Consistent with its statutory purpose
to reduce traffic accidents and deaths
and injuries resulting from traffic
accidents,3 NHTSA seeks to collect
from, and recommend the
recordkeeping and disclosure of
information by vehicle manufacturers
and other entities as described in
Federal Automated Vehicles Policy.
Specifically, NHTSA’s
recommendations in the policy section
titled ‘‘Vehicle Performance Guidance
for Automated Vehicles’’ (hereafter
referred to as ‘‘Guidance’’) are the
subject of this voluntary information
collection request. This Guidance
outlines recommended best practices,
many of which should be commonplace
in the industry, for the safe predeployment design, development, and
testing of HAV and L2 systems prior to
commercial sale or operation on public
roads. Further, the Guidance identifies
key areas to be addressed by
manufacturers and other entities prior to
testing or deploying HAV or L2 systems
on public roadways.
To assist NHTSA and the public in
evaluating how safety is being
addressed by manufacturers and other
entities developing and testing HAV and
L2 systems, NHTSA is recommending
the following documentation,
recordkeeping, and disclosures that aid
in that mission. The burden estimates
contained in this notice are based on the
Agency’s present understanding of the
HAV and L2 systems market. NHTSA
seeks comment on the burden estimates
in this notice in whole or in part.
3 49
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(1) HAV and L2 Safety Assessments
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NHTSA will request that HAV and L2
manufacturers and other entities
voluntarily submit ‘‘Safety
Assessments’’ to NHTSA’s Office of the
Chief Counsel for each HAV system and
each SAE J3016 L2 system deployed on
a vehicle. NHTSA anticipates that the
majority of manufacturers and other
entities will submit these Assessments
digitally, but seeks comment on whether
some manufacturers would prefer to
mail in hard copies. These Assessments
are the only collections in this notice
that NHTSA anticipates manufacturers
will submit to the Agency regularly.4 As
explained in more detail below, NHTSA
has calculated this burden to be about
760 hours per Assessment based on
existing industry practices and similar
information collection requests.
The Safety Assessment would
summarize how the manufacturer or
other entity has addressed the
provisions of this Guidance at the time
they intend their product to be ready for
operational testing and prior to
deployment. The Safety Assessment
would assist NHTSA, and the public, in
evaluating how safety is being
addressed by manufacturers and other
entities developing and testing L2 and
HAV systems. The Safety Assessment
would cover the following areas:
• Data Recording and Sharing
• Privacy
• System Safety
• Vehicle Cybersecurity
• Human Machine Interface
• Crashworthiness
• Consumer Education and Training
• Registration and Certification
• Post-Crash Behavior
• Federal, State and Local Laws
• Ethical Considerations
• Operational Design Domain
• Object and Event Detection and
Response
• Fall Back (Minimal Risk Condition)
• Validation Methods
These areas are fully described in the
Guidance section (section I) of Federal
Automated Vehicles Policy. For each
area, the Safety Assessment should
include an acknowledgement that
indicates one of three options:
• Meets this guidance area
llllllllllllllllll
l
• Does not meet this guidance area
4 The other collections of information discussed
in this notice are recordkeeping and/or disclosure
recommendations that NHTSA might request,
however, NHTSA plans on requesting information
pertaining to those collections on a case-by-case
basis. Examples include when information in the
Safety Assessment is not clear, when testing by the
Agency or other suggests conflicting information
than what is contained in the Safety Assessment,
etc.
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• This guidance area is not applicable
llllllllllllllllll
l
Next to the checked line item,
respondents would include the name,
title, and signature of an authorized
company official and the date the
acknowledgement was made.
Respondents would repeat this for each
area covered in the Safety Assessment.
Once this collection is approved, for
L2 and HAV systems already being
tested and deployed, NHTSA would
expect that manufacturers and other
entities will provide a Safety
Assessment, understanding that
manufacturers and entities may wish to
supplement their submissions over
time. For future L2 or HAV systems,
NHTSA would expect manufacturers
and other entities to provide the
relevant Assessment(s) to NHTSA at
least four months before active public
road testing begins on a new L2 or HAV
system. As explained in greater detail in
Federal Automated Vehicles Policy, ‘‘a
new L2 or HAV system’’ is intended to
include the introduction of a new
capability or function, but not an
incremental software and/or hardware
update. For example, a vehicle might
have the capability to function with no
driver input in congested traffic
conditions below 30 mph. If the
manufacturer updates the software (or
hardware) in the vehicle expanding that
automated functionality to higher speed
highways, the Guidance would consider
that upgrade to constitute a new L2 or
HAV system.
(2) Data Recording
As part of the Guidance, NHTSA
suggests that manufacturers and other
entities will have a documented process
for testing, validation, and collection of
event, incident, and crash data, for the
purposes of recording the occurrence of
malfunctions, degradations, or failures
in a way that can be used to establish
the cause of any such issues. NHTSA
recommends in its Guidance that
manufacturers collect data both for
testing and for operational (including
for event reconstruction) purposes. The
Agency suggests that manufacturers and
other entities retain this information for
a period of five years.
For crash reconstruction purposes
(including during testing), NHTSA
recommends this data be stored,
maintained, and readily available for
retrieval by the entity itself and, if
requested, by NHTSA. The Guidance
recommends that manufacturers and
other entities collect data associated
with events involving: (1) Fatalities and
personal injuries; or (2) damage to the
extent that any motor vehicle involved
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cannot be driven under its own power
in the customary manner, without
further damage or hazard to itself, other
traffic elements, or the roadway, and
therefore requires towing. Vehicles
should record, at a minimum, all
information relevant to the event and
the performance of the system, so that
the circumstances of the event can be
reconstructed. This data should also
contain information relating to the
status of the L2 or HAV system and
whether the HAV system or the human
driver was in control of the vehicle at
the time. Manufacturers or other entities
should have the technical and legal
capability to share the relevant recorded
information.
In addition, to assist industry and
NHTSA to develop new safety metrics,
the Guidance recommends that
manufacturers and other entities should
collect, store, and analyze data
regarding positive outcomes, in addition
to the type of reporting conditions listed
above (event, incident, and crash data).
Positive outcomes are events in which
the L2 or HAV system correctly detects
a safety-relevant situation, and the
system successfully avoids an incident
(e.g., ‘‘near misses’’ and edge cases).
Such data includes safety-related events
such as near-misses between HAVs and
other vehicles or road users (e.g.,
pedestrians and bicyclists). There is
value in collecting data (and making it
available during full operational use)
that captures events in which the
automated function correctly detects
and identifies an unsafe maneuver
initiated by another road user (e.g.,
another motor vehicle or pedestrian),
and executes an appropriate response
that successfully avoids an event,
incident, or crash.
(3) Data Sharing
L2 and HAV systems have the
potential to use data sharing to increase
safety benefits. Thus, the Guidance
recommends that each manufacturer or
other entity should develop a plan for
sharing its event reconstruction and
other relevant data with other
manufacturers and other entities.
Sharing such data could help to
accelerate knowledge and
understanding of L2 and HAV system
performance, and could be used to
enhance the safety of L2 or HAV
systems and to establish consumer
confidence in L2 and HAV technologies.
Generally, data shared with third parties
should be de-identified (i.e., stripped of
elements that make the data directly or
reasonably linkable to a specific L2 or
HAV system owner or user).
Manufacturers and other entities should
take steps to ensure that any data shared
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is done in accordance with privacy and
security agreements and notices
applicable to the vehicle (which
typically permit sharing of de-identified
data) or with owner/user consent.
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(4) Consumer Education and Training
To ensure that drivers of vehicles
equipped with L2 or HAV systems can
safely use them as part of the day-to-day
driving experience, proper education
and training is imperative to ensure safe
deployment and operation of automated
vehicles. Therefore, the Guidance
recommends that manufacturers and
other entities develop, document, and
maintain employee, dealer, distributor,
and consumer education and training
programs to address the anticipated
differences in the use and operation of
L2-equipped vehicles and HAVs from
those of the conventional vehicles. Such
programs should be designed to provide
the target users with the necessary level
of understanding to use these complex
technologies properly, efficiently, and
in the safest manner possible.
Consumer education should describe
and explain topics such as an L2 or
HAV system’s intended use, operational
parameters, system capabilities and
limitations, and engagement/
disengagement methods to transfer
control between the driver and the L2 or
HAV system. Further, consumer
education should describe and explain
what is meant by any displays and
messaging presented by the L2 or HAV
system’s human-machine interface
(HMI), emergency fallback scenarios in
cases where the HAV system
unexpectedly disengages, operational
boundary responsibilities of the human
driver, and potential mechanisms that
could change an L2 or HAV system’s
behavior in service.
As part of their education and training
programs, the Guidance recommends
that L2 or HAV manufacturers, dealers,
and distributers should consider
including an on-road or on-track handson experience demonstrating L2 or HAV
system operations and HMI functions
prior to release to consumers. Other
innovative approaches (e.g., virtual
reality) should be considered, tested,
and employed as well. These programs
should be continually evaluated for
their effectiveness and updated on a
routine basis, incorporating feedback
from dealers, customers, and other data
sources. NHTSA may request
information on a manufacturer or other
entities’ consumer education to review
training materials prepared by
manufacturers and other entities for the
purpose of evaluating effectiveness.
NHTSA suggests that manufacturers and
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other entities retain this information for
a period of five years.
(5) Certification
NHTSA anticipates that the
capabilities of L2 or HAV systems on a
vehicle may change such that the
corresponding level of automation may
change over the vehicle’s lifecycle as a
result of software updates. As more L2equipped vehicles and HAVs are tested
and sold commercially to be used on
public roadways, older vehicles also
may be modified to provide similar
functionality to new vehicles. As new
L2 and HAV systems are introduced to
the market, manufacturers may choose
to modify a vehicle’s current level of
automation to more advanced levels,
even if the hardware was produced
years previously. The Guidance
recommends that manufacturers provide
on-vehicle means to readily
communicate concise information
regarding the key capabilities of their L2
or HAV system(s) to vehicle occupants
(e.g. semi-permanent labeling to the
vehicle, in the operator’s manual, or
through the driver-vehicle interface).
(6) Systems Safety Practices
For the purpose of facilitating the
design of L2 and HAV systems that are
free of unreasonable safety risks, the
Guidance recommends that
manufacturers and other entities follow
a robust design and validation process
based on a systems-engineering
approach and be fully documented. This
process should encompass designing
HAV systems such that the vehicle will
be placed in a safe state even when
there are electrical, electronic, or
mechanical malfunctions or software
errors.
The overall process should adopt and
follow industry standards, such as those
provided by the International Standards
Organization (ISO) and SAE
International, and collectively cover the
entire design domain of the vehicle.
Manufacturers and other entities should
also follow guidance, best practices, and
design principles available from other
industries such as aviation, space, and
the military (e.g., the U.S. Department of
Defense standard practice on system
safety), to the extent they are relevant
and applicable.
The process should include a hazard
analysis and safety risk assessment step
for the L2 or HAV system, the overall
vehicle design into which it is being
integrated, and when applicable, the
broader transportation ecosystem. The
process should describe design
redundancies and safety strategies for
handling cases of L2 or HAV system
malfunctions.
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All design decisions should be tested,
validated, and verified as individual
subsystems and as part of the entire
vehicle architecture. The entire process
should be fully documented and all
actions, changes, design choices,
analyses, associated testing and data
should be fully traceable.
Documentation of the system safety
practices is intended primarily to assist
manufacturers and other entities
involved in designing L2 or HAV
systems in managing this complex
aspect of L2 or HAV safety engineering.
NHTSA may request this information in
the future as well, to review system
safety practices for the purpose of
evaluating the robustness of
manufacturers’ and other entities’
overall approach to designing
functionally safe (fail safe) HAV
systems. NHTSA suggests that
manufacturers and other entities retain
this information for a period of five
years.
(7) Additional Data Collection Request
Topics
In addition to the individually
defined collection areas described
above, the Guidance suggests that
NHTSA may request more detailed
information for matters that
manufacturers and other entities already
gather. Therefore, the Guidance
encourages manufacturers and other
entities to ensure that they retain data
pertaining to these topics. They include
data regarding: Vehicle cybersecurity;
HMI; crashworthiness (occupant
protection and compatibility); postcrash behavior; Federal, State, and local
laws, operational design domain; object
event detection and response; and fall
back (minimal risk condition).
These additional areas are important
from the standpoint of ensuring L2 and
HAV systems that are free from
unreasonable safety risks. In the future,
this data could be used to evaluate
processes for testing and validating. For
these additional areas, NHTSA expects
that there would be minimal additional
burden placed on manufacturers and
other entities because these are all areas
that the Agency expects would normally
be part of the design, testing, and
validation process of a new L2 or HAV
system. NHTSA suggests that
manufacturers and other entities retain
this information for a period of five
years. More detailed descriptions of all
of these areas can be found in Federal
Automated Vehicles Policy.
Estimated Burden for this Collection:
We estimate the following collection
burden on the public. The numbers
below are based on estimates that
NHTSA has generated, and the agency
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entities to progress to a point where
they are introducing HAV systems. For
purposes of estimating the burden of
this collection, NHTSA estimates there
will be a total of 45 respondents by the
end of the three years covered by this
information collection request.
Likewise, NHTSA estimates that a
similar number of manufacturers and
other entities will submit L2 Safety
Assessments, although the agency notes
that the 45 respondents for each
assessment may not be identical, since
some companies may be developing L3/
L4 vehicles but not L2 vehicles, and
vice versa.
seeks comment on the burden
calculations below.
HAV and L2 Safety Assessments
There are currently 15 manufacturers
that have registered with the State of
California as licensed entities capable of
testing automated systems. NHTSA
expects that this number will increase
after the publication of Federal
Automated Vehicles Policy, potentially
doubling to 30 manufacturers and other
entities within six months. As
automated vehicle systems continue to
develop, NHTSA expects either new
manufacturers or entities to enter the
market, or existing manufacturers or
The Agency expects much of the
burden of submitting these Assessments
to be a part of conducting good and safe
engineering practices. It therefore
believes that manufacturers and other
entities will have access to all of the
information needed to craft these
Assessments already documented, and
that the overall conformance burden
will be the time needed to collate and
review answers sourced from preexisting documentation. The summary
table below highlights the estimated
burden in hours for entities seeking to
submit Safety Assessments by category:
Area
Hours
HAV
80
80
40
20
20
20
20
40
40
20
80
80
20
40
80
80
Total ......................................................................................................................................
........................
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
760
620
HAV
General Overall Summary ...........................................................................................................
Data Recording and Sharing .......................................................................................................
Privacy .........................................................................................................................................
System Safety ..............................................................................................................................
Vehicle Cybersecurity ..................................................................................................................
Human Machine Interface ...........................................................................................................
Crashworthiness ..........................................................................................................................
Consumer Education and Training ..............................................................................................
Registration and Certification ......................................................................................................
Post-Crash Behavior ....................................................................................................................
Federal, State and Local Laws ....................................................................................................
Ethical Consideration ...................................................................................................................
Operational Design Domain ........................................................................................................
Object and Event Detection and Response ................................................................................
Fall Back (Minimal Risk Condition) .............................................................................................
Validation methods ......................................................................................................................
L2
L2
✓
INDUSTRY BURDEN
Safety assessments
Number of Respondents ..........................................................................................................................................
Time per Response (hours) .....................................................................................................................................
Frequency of Collection (for each new HAV/L2 system) ........................................................................................
Total Estimated Annual Burden (hours) ..................................................................................................................
In addition to the industry burden,
because NHTSA will be collecting these
Assessments, there is a government
burden that will be incurred by the
Agency. NHTSA expects that it will take
three employees an hour each to fully
process, catalogue, store each
submission for a total of three burden
hours. It will take an hour for a single
employee to craft an acknowledgement
of receipt to both the submitter and the
public. The Agency also expects that 5
45
760
1
34,200
45
620
1
27,900
engineers will review these Assessments
for technical completeness, spending
four hours each, for a total of 20 hrs.
This is expected to occur every time a
Safety Assessment is received.
GOVERNMENT COST BURDEN
sradovich on DSK3GMQ082PROD with NOTICES
HAV and L2 Safety assessments
Estimate
Number of Safety Assessments ..........................................................................................................................................................
Time per Response (hours) .................................................................................................................................................................
Frequency of Collection (for each new HAV/L2 system) ....................................................................................................................
Total Estimated Annual Burden (hours) ..............................................................................................................................................
Data Sharing and Recording
In conforming to this Guidance,
manufacturers and other entities may
see an increased burden to document
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anticipates that the 45 manufacturers
and other entities will have to spend an
increased amount of time documenting
their crash recorders, positive outcomes,
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24
1
2,160
event triggers/schema, data
management, their data sharing plan,
and data privacy. If these entities have
already responded to the Safety
Assessment discussed previously, the
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core of the information likely will
already be documented. Below are
estimates of the additional hourly
burden NHTSA expects.
Area
Hours
HAV
L2
Crash Recorder ...........................................................................................................................
Positive Outcomes .......................................................................................................................
Event Triggers, Schema ..............................................................................................................
Data Privacy ................................................................................................................................
Data Management .......................................................................................................................
Data Sharing Plan .......................................................................................................................
40
40
40
40
40
40
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
Total ......................................................................................................................................
240
240
240
DATA RECORDING AND SHARING FOR PURPOSES OF CRASH RECONSTRUCTION AND GENERAL KNOWLEDGE SHARING
HAV
Estimated Number of Respondents ........................................................................................................................
Estimated increased documentation burden (hours) ..............................................................................................
Frequency of Collection (for each new system) ......................................................................................................
Total Estimated Annual Burden (hours) ..................................................................................................................
Systems Safety Practices
As with the prior discussions,
manufacturers and other entities may
choose to document their system safety
practices in response to the Guidance. It
is anticipated that up to 45 companies
may choose to document their efforts in
response to the NHTSA Guidance and
that they will incur corresponding costs
for each new L2 or HAV system in the
field. NHTSA estimates this will happen
about once per year. If manufacturers
and other entities have already
Area
45
240
1
10,800
L2
45
240
1
10,800
responded to a Safety Assessment,
NHTSA anticipates that the core of the
information will already be
documented. The following table
documents the additional estimated
burden.
Hours
HAV
✓
200
200
L2
10
10
40
40
20
40
40
Total ......................................................................................................................................
✓
✓
✓
✓
✓
✓
✓
HAV
Industry Standards Followed .......................................................................................................
Best Practices, Design, and Guidance Followed ........................................................................
Hazard Analysis ...........................................................................................................................
Safety Risk Assessment ..............................................................................................................
Redundancies ..............................................................................................................................
Software Development, Verification, and Validation ...................................................................
System Testing and Traceability .................................................................................................
L2
........................
✓
✓
✓
✓
✓
COMPANY DOCUMENTATION FOR RECOMMENDED SYSTEM SAFETY PRACTICES
sradovich on DSK3GMQ082PROD with NOTICES
Number of Respondents ..........................................................................................................................................
Estimated increased documentation burden (hours) ..............................................................................................
Frequency of Collection ...........................................................................................................................................
Total Estimated Annual Burden ...............................................................................................................................
Consumer Education and Training
As previously stated, NHTSA expects
that manufacturers will develop
documentation to support a claim or
assertion that they are following the
Guidance. NHTSA may request a subset
of this documentation in some
instances. However, the burden
estimated here reflects additional time
the manufacturers and other entities
may take, outside of normal business
practices, to document and store
information specifically pertaining to
their efforts to educate and train their
customers and users.
NHTSA anticipates that up to 45
companies may choose to document
their efforts as part of the NHTSA
Guidance. In the table below are
estimates for the burden, in hours, for
the task of documenting consumer
education and training efforts, over and
Area
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45
200
1
9,000
above normal business practices. This is
currently estimated to occur about once
per year. If manufacturers and other
entities have already responded in a
Safety Assessment, NHTSA anticipates
that the core of the information will
already be documented, reducing the
relative burden. It is also expected that
some of the entities may not directly
interact with consumers, in which case
their burden will be lower.
System Intent ...............................................................................................................................
Operational Parameters ...............................................................................................................
VerDate Sep<11>2014
45
200
1
9,000
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10
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✓
✓
✓
✓
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Area
Hours
HAV
........................
✓
✓
✓
115
95
L2
10
20
20
20
10
10
5
5
Total ......................................................................................................................................
✓
✓
✓
✓
✓
✓
✓
✓
HAV
System Capabilities .....................................................................................................................
Engagement/Disengagement ......................................................................................................
HMI ..............................................................................................................................................
Fallback ........................................................................................................................................
Driver Responsibilities .................................................................................................................
Changes in system performance in Service ...............................................................................
On-Road Hands On Training .......................................................................................................
On-Track Hands On Training ......................................................................................................
L2
✓
✓
✓
✓
CONSUMER EDUCATION AND TRAINING
Number of expected companies ..............................................................................................................................
Estimated increased documentation burden (hours) ..............................................................................................
Frequency of Collection ...........................................................................................................................................
Total Estimated Annual Burden (hours) ..................................................................................................................
Additional Areas
45
95
1
4,275
that the core of the information will
already be documented, reducing the
relative burden. It is also expected that
some of the entities may not directly
interact with consumers, in which case
their burden will be lower.
the task of documenting consumer
education and training efforts, over and
above normal business practices. This is
currently estimated to occur about once
per year. If manufacturers and other
entities have already responded in a
Safety Assessment, NHTSA anticipates
NHTSA anticipates that up to 45
companies may choose to document
their efforts as part of the NHTSA
Guidance. In the table below are
estimates for the burden, in hours, for
45
115
1
5,175
Area
Hours
HAV
Vehicle Cybersecurity ..................................................................................................................
Human Machine Interface ...........................................................................................................
Crashworthiness ..........................................................................................................................
Post-crash Behavior ....................................................................................................................
Federal, State, and Local Laws ...................................................................................................
Operational Design Domain ........................................................................................................
Object Event Detection and Response .......................................................................................
Fall Back ......................................................................................................................................
........................
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
320
220
60
80
20
40
20
20
20
60
Total ......................................................................................................................................
L2
ADDITIONAL AREAS
[Cybersecurity, HMI, crashworthiness, post-crash, Fed/State/local laws, ODD, OEDR, fallback]
HAV
Number of Respondents ..........................................................................................................................................
Estimated increased documentation burden (hours) ..............................................................................................
Frequency of Collection ...........................................................................................................................................
Total Estimated Annual Burden (hours) ..................................................................................................................
sradovich on DSK3GMQ082PROD with NOTICES
Certification
Manufacturers and other entities that
produce vehicles may choose to
conform to the Guidance’s
recommendation regarding certification,
and thus may incur an additional
documentation burden over and above
normal documentation retention
practices. Secondarily, some entities
may choose to implement a physical
label, thereby incurring additional costs.
Not all of the companies that respond
to the Safety Assessment may produce,
alter, or modify vehicles in such a way
that they would need extra labeling (e.g.
tier 1 suppliers that do not offer
aftermarket upgrades), Therefore it is
45
320
1
14,400
Hours
Identifying Information .........................................................................................................................................................................
Description of L2 or HAV System .......................................................................................................................................................
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220
1
9,900
expected that only 30 companies could
choose to implement registration and
certification procedures for new L2 or
HAV systems in the field. The estimated
burden is expected to occur once a year.
The table below documents the
additional estimated burden in terms of
hours
Area
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Area
Hours
Total ..............................................................................................................................................................................................
20
CERTIFICATION
HAV
Estimated Number of Respondents ........................................................................................................................
Estimated increased documentation burden (hours) ..............................................................................................
Frequency of Collection ...........................................................................................................................................
Total Estimated Annual Burden (hours) ..................................................................................................................
As discussed above, some entities
may choose to implement a physical
label. From previous documentation for
Part 567 labels,5 the cost of the physical
label to approximately $1 per label. This
takes into account 3 minutes to install
the label along with the actual cost of
the label. For the smaller fleets of HAVs,
it is expected that this number will be
more expensive per vehicle. NHTSA
estimates that fleets will not exceed
approximately 300 vehicles during the
L2
30
20
1
600
N/A
N/A
N/A
N/A
lifespan of the current ICR, and that the
cost of labeling, including cost to
design, print, and affix labels to be
approximately $10 per vehicle. For 30
fleets of 300 cars each, this represents a
cost burden of $90,000.
HAV
Overall Estimated Burden Hours per Year ..............................................................................................................
L2
74,175
61,875
Total Estimated Burden Hours per Year .................................................................................................................
Authority: 44 U.S.C. Section 3506(c)(2)(A).
Issued on: September 20, 2016.
Nathaniel Beuse
Associate Administrator for Vehicle Safety
Research.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2016–23013 Filed 9–22–16; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
[Docket ID OCC–2016–0026]
Minority Depository Institutions
Advisory Committee
Office of the Comptroller of the
Currency, Department of the Treasury.
ACTION: Notice.
AGENCY:
The Office of the Comptroller
of the Currency (OCC) announces a
meeting of the Minority Depository
Institutions Advisory Committee
(MDIAC).
SUMMARY:
The OCC MDIAC will hold a
public meeting on Tuesday, October 18,
2016, beginning at 8:30 a.m. Eastern
Daylight Time (EDT).
ADDRESSES: The OCC will hold the
October 18, 2016 meeting of the MDIAC
at the Office of the Comptroller of the
sradovich on DSK3GMQ082PROD with NOTICES
DATES:
5 See the supporting statement titled 2127–00510_
Supporting_Statement_2014_CSv2.doc located at
VerDate Sep<11>2014
18:22 Sep 22, 2016
Jkt 238001
Currency, 400 7th Street SW.,
Washington, DC 20219.
Beverly Cole, Designated Federal Officer
and Deputy Comptroller for Compliance
Supervision, (202) 649–5688, Office of
the Comptroller of the Currency,
Washington, DC 20219.
SUPPLEMENTARY INFORMATION: By this
notice, the OCC is announcing that the
MDIAC will convene a meeting at 8:30
a.m. EDT on Tuesday, October 18, 2016,
at the Office of the Comptroller of the
Currency, 400 7th Street SW.,
Washington, DC 20219. Agenda items
will include current topics of interest to
the industry. The purpose of the
meeting is for the MDIAC to advise the
OCC on steps the agency may be able to
take to ensure the continued health and
viability of minority depository
institutions and other issues of concern
to minority depository institutions.
Members of the public may submit
written statements to the MDIAC by any
one of the following methods:
• Email to: MDIAC@OCC.treas.gov
• Mail to: Beverly Cole, Designated
Federal Officer, Office of the
Comptroller of the Currency, 400 7th
Street SW., Washington, DC 20219.
The OCC must receive written
statements no later than 5:00 p.m. EDT
on Tuesday, October 11, 2016. Members
of the public who plan to attend the
meeting should contact the OCC by 5:00
https://www.reginfo.gov/public/do/
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136,050
p.m. EDT on Tuesday, October 11, 2016,
to inform the OCC of their desire to
attend the meeting and to provide
information that will be required to
facilitate entry into the meeting.
Members of the public may contact the
OCC via email at MDIAC@OCC.treas.gov
or by telephone at (202) 649–5688.
Attendees should provide their full
name, email address, and organization,
if any. For security reasons, attendees
will be subject to security screening
procedures and must present a valid
government-issued identification to
enter the building. Members of the
public who are deaf or hard of hearing
should call (202) 649–5597 (TTY) no
later than 5:00 p.m. EDT on Tuesday,
October 11, 2016, to arrange auxiliary
aids such as sign language interpretation
for this meeting.
Dated: September 19, 2016.
Thomas J. Curry,
Comptroller of the Currency.
[FR Doc. 2016–22926 Filed 9–22–16; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
September 20, 2016.
The Department of the Treasury will
submit the following information
PRAViewDocument?ref_nbr=201501-2127-001
(retrieved September 7, 2016)
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Agencies
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Notices]
[Pages 65709-65716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23013]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0091]
Reports, Forms, and Record Keeping Requirements
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Request for public comment on proposed collection of
information.
-----------------------------------------------------------------------
SUMMARY: Before a Federal agency may collect certain information from
the public, it must receive approval from
[[Page 65710]]
the Office of Management and Budget (OMB). Under procedures established
by the Paperwork Reduction Act of 1995, before seeking OMB approval,
Federal agencies must solicit public comment on proposed collections of
information, including extensions and reinstatements of previously
approved collections. This document describes a collection of
information for which NHTSA intends to seek OMB approval.
DATES: Comments must be received on or before November 22, 2016.
ADDRESSES: You may submit comments using any of the following methods:
Electronic submissions: Go to https://www.regulations.gov. Follow
the online instructions for submitting comments.
Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, 1200 New Jersey Ave. SE.,
Room W12-140, Washington, DC 20590.
Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Fax: (202) 493-2251.
Instructions: Each submission must include the Agency name and the
Docket number for this proposed collection of information. Note that
all comments received will be posted without change to https://www.regulations.gov, including any personal information provided.
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 (65 FR 19477-78) or you may visit https://www.dot.gov/privacy.html.
FOR FURTHER INFORMATION CONTACT: Ms. Yvonne Clarke, NHTSA, 1200 New
Jersey Avenue SE., Washington, DC 20590; Telephone (202) 366-1845;
Facsimile: (202) 366-2106; email address: Yvonne.e.clarke@dot.gov.
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must first publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. OMB has promulgated regulations describing what must be
included in such a document. Under OMB's regulation (at 5 CFR
1320.8(d)), an agency must request public comment on the following:
(i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(ii) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
(iii) how to enhance the quality, utility, and clarity of the
information to be collected;
(iv) how to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g. permitting electronic
submission of responses.
In compliance with these requirements, NHTSA asks for public
comments on the following proposed collection of information:
Title: Vehicle Performance Guidance.
Type of Request: New collection.
OMB Clearance Number: None.
Form Number: NHTSA Form 1157.
Requested Expiration Date of Approval: Three years from date of
approval.
Summary of the Collection of Information: On September 20, 2016,
the Department of Transportation published the policy \1\ document
titled Federal Automated Vehicles Policy. Recognizing the potential
that highly automated vehicles (HAVs) have to enhance safety and
mobility, this document sets out an approach to enable the safe
deployment of L2 and HAV systems. An HAV system is defined as one that
corresponds to Conditional (Level 3), High (Level 4), and Full (Level
5) Automation, as defined in SAE J3016. \2\ HAV systems rely on the
automation system (not on a human driver) to monitor the driving
environment for at least certain aspects of the driving task. An L2
system, also described in SAE J3016, is different because the human
driver is never relieved of the responsibility to monitor the driving
environment.
---------------------------------------------------------------------------
\1\ Conformance to the guidance in Federal Automated Vehicles
Policy is voluntary. See Fixing America's Surface Transportation
Act, Public Law 114-94, 24406 (2015) (``No guidelines issued by the
Secretary with respect to motor vehicle safety shall confer any
rights on any person, State, or locality, nor shall operate to bind
the Secretary or any person to the approach recommended in such
guidelines'').
\2\ For more information about SAE J3016, see https://www.sae.org/misc/pdfs/automated_driving.pdf.
---------------------------------------------------------------------------
Although there is a clear technical distinction between HAV systems
and lower levels of automation (L2 and below) based on whether the
automated system relies on the human driver when engaged and in
operation, the Guidance suggests that L2 and HAV manufacturers apply
elements of this Guidance during product development, testing, and
deployment. With a few exceptions detailed in the tables below, Federal
Automated Vehicles Policy applies equally to HAV and L2 systems. NHTSA
seeks comment on its burden estimates regarding HAV and L2 systems and
how those burdens might differ.
The speed with which increasingly complex L2 and HAV systems are
evolving challenges DOT and NHTSA to take approaches that ensure these
technologies are safely introduced, provide safety benefits today, and
achieve their full safety potential in the future.
Consistent with its statutory purpose to reduce traffic accidents
and deaths and injuries resulting from traffic accidents,\3\ NHTSA
seeks to collect from, and recommend the recordkeeping and disclosure
of information by vehicle manufacturers and other entities as described
in Federal Automated Vehicles Policy. Specifically, NHTSA's
recommendations in the policy section titled ``Vehicle Performance
Guidance for Automated Vehicles'' (hereafter referred to as
``Guidance'') are the subject of this voluntary information collection
request. This Guidance outlines recommended best practices, many of
which should be commonplace in the industry, for the safe pre-
deployment design, development, and testing of HAV and L2 systems prior
to commercial sale or operation on public roads. Further, the Guidance
identifies key areas to be addressed by manufacturers and other
entities prior to testing or deploying HAV or L2 systems on public
roadways.
---------------------------------------------------------------------------
\3\ 49 U.S.C.Sec. 30101.
---------------------------------------------------------------------------
To assist NHTSA and the public in evaluating how safety is being
addressed by manufacturers and other entities developing and testing
HAV and L2 systems, NHTSA is recommending the following documentation,
recordkeeping, and disclosures that aid in that mission. The burden
estimates contained in this notice are based on the Agency's present
understanding of the HAV and L2 systems market. NHTSA seeks comment on
the burden estimates in this notice in whole or in part.
[[Page 65711]]
(1) HAV and L2 Safety Assessments
NHTSA will request that HAV and L2 manufacturers and other entities
voluntarily submit ``Safety Assessments'' to NHTSA's Office of the
Chief Counsel for each HAV system and each SAE J3016 L2 system deployed
on a vehicle. NHTSA anticipates that the majority of manufacturers and
other entities will submit these Assessments digitally, but seeks
comment on whether some manufacturers would prefer to mail in hard
copies. These Assessments are the only collections in this notice that
NHTSA anticipates manufacturers will submit to the Agency regularly.\4\
As explained in more detail below, NHTSA has calculated this burden to
be about 760 hours per Assessment based on existing industry practices
and similar information collection requests.
---------------------------------------------------------------------------
\4\ The other collections of information discussed in this
notice are recordkeeping and/or disclosure recommendations that
NHTSA might request, however, NHTSA plans on requesting information
pertaining to those collections on a case-by-case basis. Examples
include when information in the Safety Assessment is not clear, when
testing by the Agency or other suggests conflicting information than
what is contained in the Safety Assessment, etc.
---------------------------------------------------------------------------
The Safety Assessment would summarize how the manufacturer or other
entity has addressed the provisions of this Guidance at the time they
intend their product to be ready for operational testing and prior to
deployment. The Safety Assessment would assist NHTSA, and the public,
in evaluating how safety is being addressed by manufacturers and other
entities developing and testing L2 and HAV systems. The Safety
Assessment would cover the following areas:
Data Recording and Sharing
Privacy
System Safety
Vehicle Cybersecurity
Human Machine Interface
Crashworthiness
Consumer Education and Training
Registration and Certification
Post-Crash Behavior
Federal, State and Local Laws
Ethical Considerations
Operational Design Domain
Object and Event Detection and Response
Fall Back (Minimal Risk Condition)
Validation Methods
These areas are fully described in the Guidance section (section I)
of Federal Automated Vehicles Policy. For each area, the Safety
Assessment should include an acknowledgement that indicates one of
three options:
Meets this guidance area
-----------------------------------------------------------------------
Does not meet this guidance area
-----------------------------------------------------------------------
This guidance area is not applicable
-----------------------------------------------------------------------
Next to the checked line item, respondents would include the name,
title, and signature of an authorized company official and the date the
acknowledgement was made. Respondents would repeat this for each area
covered in the Safety Assessment.
Once this collection is approved, for L2 and HAV systems already
being tested and deployed, NHTSA would expect that manufacturers and
other entities will provide a Safety Assessment, understanding that
manufacturers and entities may wish to supplement their submissions
over time. For future L2 or HAV systems, NHTSA would expect
manufacturers and other entities to provide the relevant Assessment(s)
to NHTSA at least four months before active public road testing begins
on a new L2 or HAV system. As explained in greater detail in Federal
Automated Vehicles Policy, ``a new L2 or HAV system'' is intended to
include the introduction of a new capability or function, but not an
incremental software and/or hardware update. For example, a vehicle
might have the capability to function with no driver input in congested
traffic conditions below 30 mph. If the manufacturer updates the
software (or hardware) in the vehicle expanding that automated
functionality to higher speed highways, the Guidance would consider
that upgrade to constitute a new L2 or HAV system.
(2) Data Recording
As part of the Guidance, NHTSA suggests that manufacturers and
other entities will have a documented process for testing, validation,
and collection of event, incident, and crash data, for the purposes of
recording the occurrence of malfunctions, degradations, or failures in
a way that can be used to establish the cause of any such issues. NHTSA
recommends in its Guidance that manufacturers collect data both for
testing and for operational (including for event reconstruction)
purposes. The Agency suggests that manufacturers and other entities
retain this information for a period of five years.
For crash reconstruction purposes (including during testing), NHTSA
recommends this data be stored, maintained, and readily available for
retrieval by the entity itself and, if requested, by NHTSA. The
Guidance recommends that manufacturers and other entities collect data
associated with events involving: (1) Fatalities and personal injuries;
or (2) damage to the extent that any motor vehicle involved cannot be
driven under its own power in the customary manner, without further
damage or hazard to itself, other traffic elements, or the roadway, and
therefore requires towing. Vehicles should record, at a minimum, all
information relevant to the event and the performance of the system, so
that the circumstances of the event can be reconstructed. This data
should also contain information relating to the status of the L2 or HAV
system and whether the HAV system or the human driver was in control of
the vehicle at the time. Manufacturers or other entities should have
the technical and legal capability to share the relevant recorded
information.
In addition, to assist industry and NHTSA to develop new safety
metrics, the Guidance recommends that manufacturers and other entities
should collect, store, and analyze data regarding positive outcomes, in
addition to the type of reporting conditions listed above (event,
incident, and crash data). Positive outcomes are events in which the L2
or HAV system correctly detects a safety-relevant situation, and the
system successfully avoids an incident (e.g., ``near misses'' and edge
cases). Such data includes safety-related events such as near-misses
between HAVs and other vehicles or road users (e.g., pedestrians and
bicyclists). There is value in collecting data (and making it available
during full operational use) that captures events in which the
automated function correctly detects and identifies an unsafe maneuver
initiated by another road user (e.g., another motor vehicle or
pedestrian), and executes an appropriate response that successfully
avoids an event, incident, or crash.
(3) Data Sharing
L2 and HAV systems have the potential to use data sharing to
increase safety benefits. Thus, the Guidance recommends that each
manufacturer or other entity should develop a plan for sharing its
event reconstruction and other relevant data with other manufacturers
and other entities. Sharing such data could help to accelerate
knowledge and understanding of L2 and HAV system performance, and could
be used to enhance the safety of L2 or HAV systems and to establish
consumer confidence in L2 and HAV technologies. Generally, data shared
with third parties should be de-identified (i.e., stripped of elements
that make the data directly or reasonably linkable to a specific L2 or
HAV system owner or user). Manufacturers and other entities should take
steps to ensure that any data shared
[[Page 65712]]
is done in accordance with privacy and security agreements and notices
applicable to the vehicle (which typically permit sharing of de-
identified data) or with owner/user consent.
(4) Consumer Education and Training
To ensure that drivers of vehicles equipped with L2 or HAV systems
can safely use them as part of the day-to-day driving experience,
proper education and training is imperative to ensure safe deployment
and operation of automated vehicles. Therefore, the Guidance recommends
that manufacturers and other entities develop, document, and maintain
employee, dealer, distributor, and consumer education and training
programs to address the anticipated differences in the use and
operation of L2-equipped vehicles and HAVs from those of the
conventional vehicles. Such programs should be designed to provide the
target users with the necessary level of understanding to use these
complex technologies properly, efficiently, and in the safest manner
possible.
Consumer education should describe and explain topics such as an L2
or HAV system's intended use, operational parameters, system
capabilities and limitations, and engagement/disengagement methods to
transfer control between the driver and the L2 or HAV system. Further,
consumer education should describe and explain what is meant by any
displays and messaging presented by the L2 or HAV system's human-
machine interface (HMI), emergency fallback scenarios in cases where
the HAV system unexpectedly disengages, operational boundary
responsibilities of the human driver, and potential mechanisms that
could change an L2 or HAV system's behavior in service.
As part of their education and training programs, the Guidance
recommends that L2 or HAV manufacturers, dealers, and distributers
should consider including an on-road or on-track hands-on experience
demonstrating L2 or HAV system operations and HMI functions prior to
release to consumers. Other innovative approaches (e.g., virtual
reality) should be considered, tested, and employed as well. These
programs should be continually evaluated for their effectiveness and
updated on a routine basis, incorporating feedback from dealers,
customers, and other data sources. NHTSA may request information on a
manufacturer or other entities' consumer education to review training
materials prepared by manufacturers and other entities for the purpose
of evaluating effectiveness. NHTSA suggests that manufacturers and
other entities retain this information for a period of five years.
(5) Certification
NHTSA anticipates that the capabilities of L2 or HAV systems on a
vehicle may change such that the corresponding level of automation may
change over the vehicle's lifecycle as a result of software updates. As
more L2-equipped vehicles and HAVs are tested and sold commercially to
be used on public roadways, older vehicles also may be modified to
provide similar functionality to new vehicles. As new L2 and HAV
systems are introduced to the market, manufacturers may choose to
modify a vehicle's current level of automation to more advanced levels,
even if the hardware was produced years previously. The Guidance
recommends that manufacturers provide on-vehicle means to readily
communicate concise information regarding the key capabilities of their
L2 or HAV system(s) to vehicle occupants (e.g. semi-permanent labeling
to the vehicle, in the operator's manual, or through the driver-vehicle
interface).
(6) Systems Safety Practices
For the purpose of facilitating the design of L2 and HAV systems
that are free of unreasonable safety risks, the Guidance recommends
that manufacturers and other entities follow a robust design and
validation process based on a systems-engineering approach and be fully
documented. This process should encompass designing HAV systems such
that the vehicle will be placed in a safe state even when there are
electrical, electronic, or mechanical malfunctions or software errors.
The overall process should adopt and follow industry standards,
such as those provided by the International Standards Organization
(ISO) and SAE International, and collectively cover the entire design
domain of the vehicle. Manufacturers and other entities should also
follow guidance, best practices, and design principles available from
other industries such as aviation, space, and the military (e.g., the
U.S. Department of Defense standard practice on system safety), to the
extent they are relevant and applicable.
The process should include a hazard analysis and safety risk
assessment step for the L2 or HAV system, the overall vehicle design
into which it is being integrated, and when applicable, the broader
transportation ecosystem. The process should describe design
redundancies and safety strategies for handling cases of L2 or HAV
system malfunctions.
All design decisions should be tested, validated, and verified as
individual subsystems and as part of the entire vehicle architecture.
The entire process should be fully documented and all actions, changes,
design choices, analyses, associated testing and data should be fully
traceable.
Documentation of the system safety practices is intended primarily
to assist manufacturers and other entities involved in designing L2 or
HAV systems in managing this complex aspect of L2 or HAV safety
engineering. NHTSA may request this information in the future as well,
to review system safety practices for the purpose of evaluating the
robustness of manufacturers' and other entities' overall approach to
designing functionally safe (fail safe) HAV systems. NHTSA suggests
that manufacturers and other entities retain this information for a
period of five years.
(7) Additional Data Collection Request Topics
In addition to the individually defined collection areas described
above, the Guidance suggests that NHTSA may request more detailed
information for matters that manufacturers and other entities already
gather. Therefore, the Guidance encourages manufacturers and other
entities to ensure that they retain data pertaining to these topics.
They include data regarding: Vehicle cybersecurity; HMI;
crashworthiness (occupant protection and compatibility); post-crash
behavior; Federal, State, and local laws, operational design domain;
object event detection and response; and fall back (minimal risk
condition).
These additional areas are important from the standpoint of
ensuring L2 and HAV systems that are free from unreasonable safety
risks. In the future, this data could be used to evaluate processes for
testing and validating. For these additional areas, NHTSA expects that
there would be minimal additional burden placed on manufacturers and
other entities because these are all areas that the Agency expects
would normally be part of the design, testing, and validation process
of a new L2 or HAV system. NHTSA suggests that manufacturers and other
entities retain this information for a period of five years. More
detailed descriptions of all of these areas can be found in Federal
Automated Vehicles Policy.
Estimated Burden for this Collection: We estimate the following
collection burden on the public. The numbers below are based on
estimates that NHTSA has generated, and the agency
[[Page 65713]]
seeks comment on the burden calculations below.
HAV and L2 Safety Assessments
There are currently 15 manufacturers that have registered with the
State of California as licensed entities capable of testing automated
systems. NHTSA expects that this number will increase after the
publication of Federal Automated Vehicles Policy, potentially doubling
to 30 manufacturers and other entities within six months. As automated
vehicle systems continue to develop, NHTSA expects either new
manufacturers or entities to enter the market, or existing
manufacturers or entities to progress to a point where they are
introducing HAV systems. For purposes of estimating the burden of this
collection, NHTSA estimates there will be a total of 45 respondents by
the end of the three years covered by this information collection
request. Likewise, NHTSA estimates that a similar number of
manufacturers and other entities will submit L2 Safety Assessments,
although the agency notes that the 45 respondents for each assessment
may not be identical, since some companies may be developing L3/L4
vehicles but not L2 vehicles, and vice versa.
The Agency expects much of the burden of submitting these
Assessments to be a part of conducting good and safe engineering
practices. It therefore believes that manufacturers and other entities
will have access to all of the information needed to craft these
Assessments already documented, and that the overall conformance burden
will be the time needed to collate and review answers sourced from pre-
existing documentation. The summary table below highlights the
estimated burden in hours for entities seeking to submit Safety
Assessments by category:
----------------------------------------------------------------------------------------------------------------
Area Hours HAV L2
----------------------------------------------------------------------------------------------------------------
General Overall Summary....................................... 80 [check] [check]
Data Recording and Sharing.................................... 80 [check] [check]
Privacy....................................................... 40 [check] [check]
System Safety................................................. 20 [check] [check]
Vehicle Cybersecurity......................................... 20 [check] [check]
Human Machine Interface....................................... 20 [check] [check]
Crashworthiness............................................... 20 [check] [check]
Consumer Education and Training............................... 40 [check] [check]
Registration and Certification................................ 40 [check] [check]
Post-Crash Behavior........................................... 20 [check] [check]
Federal, State and Local Laws................................. 80 [check] [check]
Ethical Consideration......................................... 80 [check] [check]
Operational Design Domain..................................... 20 [check]
Object and Event Detection and Response....................... 40 [check]
Fall Back (Minimal Risk Condition)............................ 80 [check]
Validation methods............................................ 80 [check] [check]
-------------------------------------------------
Total..................................................... .............. 760 620
----------------------------------------------------------------------------------------------------------------
Industry Burden
------------------------------------------------------------------------
Safety assessments HAV L2
------------------------------------------------------------------------
Number of Respondents................... 45 45
Time per Response (hours)............... 760 620
Frequency of Collection (for each new 1 1
HAV/L2 system).........................
Total Estimated Annual Burden (hours)... 34,200 27,900
------------------------------------------------------------------------
In addition to the industry burden, because NHTSA will be
collecting these Assessments, there is a government burden that will be
incurred by the Agency. NHTSA expects that it will take three employees
an hour each to fully process, catalogue, store each submission for a
total of three burden hours. It will take an hour for a single employee
to craft an acknowledgement of receipt to both the submitter and the
public. The Agency also expects that 5 engineers will review these
Assessments for technical completeness, spending four hours each, for a
total of 20 hrs. This is expected to occur every time a Safety
Assessment is received.
Government Cost Burden
------------------------------------------------------------------------
HAV and L2 Safety assessments Estimate
------------------------------------------------------------------------
Number of Safety Assessments............................ 90
Time per Response (hours)............................... 24
Frequency of Collection (for each new HAV/L2 system).... 1
Total Estimated Annual Burden (hours)................... 2,160
------------------------------------------------------------------------
Data Sharing and Recording
In conforming to this Guidance, manufacturers and other entities
may see an increased burden to document their procedures. The Agency
anticipates that the 45 manufacturers and other entities will have to
spend an increased amount of time documenting their crash recorders,
positive outcomes, event triggers/schema, data management, their data
sharing plan, and data privacy. If these entities have already
responded to the Safety Assessment discussed previously, the
[[Page 65714]]
core of the information likely will already be documented. Below are
estimates of the additional hourly burden NHTSA expects.
----------------------------------------------------------------------------------------------------------------
Area Hours HAV L2
----------------------------------------------------------------------------------------------------------------
Crash Recorder................................................ 40 [check] [check]
Positive Outcomes............................................. 40 [check] [check]
Event Triggers, Schema........................................ 40 [check] [check]
Data Privacy.................................................. 40 [check] [check]
Data Management............................................... 40 [check] [check]
Data Sharing Plan............................................. 40 [check] [check]
-------------------------------------------------
Total..................................................... 240 240 240
----------------------------------------------------------------------------------------------------------------
Data Recording and Sharing for Purposes of Crash Reconstruction and
General Knowledge Sharing
------------------------------------------------------------------------
HAV L2
------------------------------------------------------------------------
Estimated Number of Respondents......... 45 45
Estimated increased documentation burden 240 240
(hours)................................
Frequency of Collection (for each new 1 1
system)................................
Total Estimated Annual Burden (hours)... 10,800 10,800
------------------------------------------------------------------------
Systems Safety Practices
As with the prior discussions, manufacturers and other entities may
choose to document their system safety practices in response to the
Guidance. It is anticipated that up to 45 companies may choose to
document their efforts in response to the NHTSA Guidance and that they
will incur corresponding costs for each new L2 or HAV system in the
field. NHTSA estimates this will happen about once per year. If
manufacturers and other entities have already responded to a Safety
Assessment, NHTSA anticipates that the core of the information will
already be documented. The following table documents the additional
estimated burden.
----------------------------------------------------------------------------------------------------------------
Area Hours HAV L2
----------------------------------------------------------------------------------------------------------------
Industry Standards Followed................................... 10 [check] [check]
Best Practices, Design, and Guidance Followed................. 10 [check]
Hazard Analysis............................................... 40 [check] [check]
Safety Risk Assessment........................................ 40 [check] [check]
Redundancies.................................................. 20 [check] [check]
Software Development, Verification, and Validation............ 40 [check] [check]
System Testing and Traceability............................... 40 [check] [check]
-------------------------------------------------
Total..................................................... .............. 200 200
----------------------------------------------------------------------------------------------------------------
Company Documentation for Recommended System Safety Practices
------------------------------------------------------------------------
HAV L2
------------------------------------------------------------------------
Number of Respondents................... 45 45
Estimated increased documentation burden 200 200
(hours)................................
Frequency of Collection................. 1 1
Total Estimated Annual Burden........... 9,000 9,000
------------------------------------------------------------------------
Consumer Education and Training
As previously stated, NHTSA expects that manufacturers will develop
documentation to support a claim or assertion that they are following
the Guidance. NHTSA may request a subset of this documentation in some
instances. However, the burden estimated here reflects additional time
the manufacturers and other entities may take, outside of normal
business practices, to document and store information specifically
pertaining to their efforts to educate and train their customers and
users.
NHTSA anticipates that up to 45 companies may choose to document
their efforts as part of the NHTSA Guidance. In the table below are
estimates for the burden, in hours, for the task of documenting
consumer education and training efforts, over and above normal business
practices. This is currently estimated to occur about once per year. If
manufacturers and other entities have already responded in a Safety
Assessment, NHTSA anticipates that the core of the information will
already be documented, reducing the relative burden. It is also
expected that some of the entities may not directly interact with
consumers, in which case their burden will be lower.
----------------------------------------------------------------------------------------------------------------
Area Hours HAV L2
----------------------------------------------------------------------------------------------------------------
System Intent................................................. 5 [check] [check]
Operational Parameters........................................ 10 [check] [check]
[[Page 65715]]
System Capabilities........................................... 10 [check] [check]
Engagement/Disengagement...................................... 20 [check] [check]
HMI........................................................... 20 [check] [check]
Fallback...................................................... 20 [check]
Driver Responsibilities....................................... 10 [check] [check]
Changes in system performance in Service...................... 10 [check] [check]
On-Road Hands On Training..................................... 5 [check] [check]
On-Track Hands On Training.................................... 5 [check] [check]
-------------------------------------------------
Total..................................................... .............. 115 95
----------------------------------------------------------------------------------------------------------------
Consumer Education and Training
------------------------------------------------------------------------
HAV L2
------------------------------------------------------------------------
Number of expected companies............ 45 45
Estimated increased documentation burden 115 95
(hours)................................
Frequency of Collection................. 1 1
Total Estimated Annual Burden (hours)... 5,175 4,275
------------------------------------------------------------------------
Additional Areas
NHTSA anticipates that up to 45 companies may choose to document
their efforts as part of the NHTSA Guidance. In the table below are
estimates for the burden, in hours, for the task of documenting
consumer education and training efforts, over and above normal business
practices. This is currently estimated to occur about once per year. If
manufacturers and other entities have already responded in a Safety
Assessment, NHTSA anticipates that the core of the information will
already be documented, reducing the relative burden. It is also
expected that some of the entities may not directly interact with
consumers, in which case their burden will be lower.
----------------------------------------------------------------------------------------------------------------
Area Hours HAV L2
----------------------------------------------------------------------------------------------------------------
Vehicle Cybersecurity......................................... 60 [check] [check]
Human Machine Interface....................................... 80 [check] [check]
Crashworthiness............................................... 20 [check] [check]
Post-crash Behavior........................................... 40 [check] [check]
Federal, State, and Local Laws................................ 20 [check] [check]
Operational Design Domain..................................... 20 [check]
Object Event Detection and Response........................... 20 [check]
Fall Back..................................................... 60 [check]
-------------------------------------------------
Total..................................................... .............. 320 220
----------------------------------------------------------------------------------------------------------------
Additional Areas
[Cybersecurity, HMI, crashworthiness, post-crash, Fed/State/local laws,
ODD, OEDR, fallback]
------------------------------------------------------------------------
HAV L2
------------------------------------------------------------------------
Number of Respondents................... 45 45
Estimated increased documentation burden 320 220
(hours)................................
Frequency of Collection................. 1 1
Total Estimated Annual Burden (hours)... 14,400 9,900
------------------------------------------------------------------------
Certification
Manufacturers and other entities that produce vehicles may choose
to conform to the Guidance's recommendation regarding certification,
and thus may incur an additional documentation burden over and above
normal documentation retention practices. Secondarily, some entities
may choose to implement a physical label, thereby incurring additional
costs.
Not all of the companies that respond to the Safety Assessment may
produce, alter, or modify vehicles in such a way that they would need
extra labeling (e.g. tier 1 suppliers that do not offer aftermarket
upgrades), Therefore it is expected that only 30 companies could choose
to implement registration and certification procedures for new L2 or
HAV systems in the field. The estimated burden is expected to occur
once a year. The table below documents the additional estimated burden
in terms of hours
------------------------------------------------------------------------
Area Hours
------------------------------------------------------------------------
Identifying Information................................. 10
Description of L2 or HAV System......................... 10
---------------
[[Page 65716]]
Total............................................... 20
------------------------------------------------------------------------
Certification
------------------------------------------------------------------------
HAV L2
------------------------------------------------------------------------
Estimated Number of Respondents......... 30 N/A
Estimated increased documentation burden 20 N/A
(hours)................................
Frequency of Collection................. 1 N/A
Total Estimated Annual Burden (hours)... 600 N/A
------------------------------------------------------------------------
As discussed above, some entities may choose to implement a
physical label. From previous documentation for Part 567 labels,\5\ the
cost of the physical label to approximately $1 per label. This takes
into account 3 minutes to install the label along with the actual cost
of the label. For the smaller fleets of HAVs, it is expected that this
number will be more expensive per vehicle. NHTSA estimates that fleets
will not exceed approximately 300 vehicles during the lifespan of the
current ICR, and that the cost of labeling, including cost to design,
print, and affix labels to be approximately $10 per vehicle. For 30
fleets of 300 cars each, this represents a cost burden of $90,000.
---------------------------------------------------------------------------
\5\ See the supporting statement titled 2127-
00510_Supporting_Statement_2014_CSv2.doc located at https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201501-2127-001
(retrieved September 7, 2016)
----------------------------------------------------------------------------------------------------------------
HAV L2
----------------------------------------------------------------------------------------------------------------
Overall Estimated Burden Hours per Year....................................... 74,175 61,875
---------------------------------
Total Estimated Burden Hours per Year......................................... 136,050
----------------------------------------------------------------------------------------------------------------
Authority: 44 U.S.C. Section 3506(c)(2)(A).
Issued on: September 20, 2016.
Nathaniel Beuse
Associate Administrator for Vehicle Safety Research.
[FR Doc. 2016-23013 Filed 9-22-16; 8:45 am]
BILLING CODE 4910-59-P