Volkswagen Group of America; Receipt of Petition for Temporary Exemption From FMVSS No. 108, 42720-42722 [2017-19086]
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Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices
other original equipment manufacturer
and that those inflators have a number
of unique design features that influence
burn rates and internal ballistic
dynamics, including greater vent-areato-propellant-mass ratios, steel end
caps, and thinner propellant wafers. See
Second Petition at p. 11–12. In addition,
GM states that the physical environment
of the GMT900 vehicles better protects
the covered passenger inflators from
temperature cycling that can cause
rupture. Id.
Finally, to supplement its internal
analysis, GM has retained a third-party
expert, Orbital ATK, to conduct a longterm aging study that will estimate the
service life expectancy of the covered
passenger inflators in the GMT900
vehicles. See Second Petition at pp. 17–
18. GM anticipates that this study will
be complete in August 2017. Id.
IV. Consolidation
GM’s Second Petition for
Inconsequentiality is virtually identical
to the Petition for Inconsequentiality
submitted on November 15, 2016. First,
both petitions involve the same covered
passenger inflators (i.e., frontal
passenger inflator types ‘‘SPI YP’’ and
‘‘PSPI–L YD’’). Second, both petitions
involve the same vehicle platform (i.e.,
the GMT900). Third, both petitions rely
upon the same purported evidence to
support the safety of the inflators (i.e.,
estimated field deployments, ballistic
testing, and stress-strength interference
analysis). Fourth, both petitions will
rely upon the same forthcoming report
by Orbital ATK. According, it is
appropriate to evaluate and dispose of
the two petitions simultaneously. In the
interest of clarity, consistency, and
efficiency, the Agency is consolidating
the Second Petition with the First
Petition under Docket No. NHTSA–
2016–0124.
Authority: 49 U.S.C. 30101, et seq., 30118,
30120(h), 30162, 30166(b)(1), 30166(g)(1);
delegation of authority at 49 CFR 1.95(a); 49
CFR parts 556, 573, 577.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Issued: August 31, 2017.
Stephen P. Wood,
Acting Chief Counsel.
[FR Doc. 2017–19139 Filed 9–8–17; 8:45 am]
BILLING CODE 4910–59–P
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2017–0018]
Volkswagen Group of America;
Receipt of Petition for Temporary
Exemption From FMVSS No. 108
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of receipt of a petition for
a temporary exemption from certain
headlamp requirements of Federal
Motor Vehicle Safety Standard (FMVSS)
No. 108, Lamps, Reflective devices, and
Associated Equipment.
AGENCY:
In accordance with the
procedures, Volkswagen Group of
America (Volkswagen, or Petitioner) has
petitioned the agency for a temporary
exemption from certain headlamp
requirements of FMVSS No. 108 to
allow the use of adaptive driving beam
headlights. Volkswagen requests the
exemption on the basis that it would
facilitate the development or field
evaluation of a new motor vehicle safety
feature providing a safety level at least
equal to that of the standard. NHTSA
has made no judgment on the merits of
the application. This notice of receipt of
an application for a temporary
exemption is published in accordance
with statutory and administrative
provisions.
SUMMARY:
You should submit your
comments not later than October 11,
2017.
DATES:
John
Piazza, Office of the Chief Counsel,
NCC–112, National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590.
Telephone: (202) 366–2992; Fax: (202)
366–3820.
ADDRESSES: We invite you to submit
comments on the application described
above. You may submit comments
identified by docket number in the
heading of this notice by any of the
following methods:
• Fax: 1–202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
FOR FURTHER INFORMATION CONTACT:
PO 00000
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online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and docket
number. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act discussion
below. We will consider all comments
received before the close of business on
the comment closing date indicated
above. To the extent possible, we will
also consider comments filed after the
closing date.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov at any time or to
1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays. Telephone:
(202) 366–9826.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://www.dot.gov/
privacy.html.
Confidential Business Information: If
you wish to submit any information
under a claim of confidentiality, you
should submit three copies of your
complete submission, including the
information you claim to be confidential
business information, to the Chief
Counsel, NHTSA, at the address given
under FOR FURTHER INFORMATION
CONTACT. In addition, you should
submit two copies, from which you
have deleted the claimed confidential
business information, to Docket
Management at the address given above.
When you send a comment containing
information claimed to be confidential
business information, you should
include a cover letter setting forth the
information specified in our
confidential business information
regulation (49 CFR part 512).
SUPPLEMENTARY INFORMATION:
I. Statutory Authority for Temporary
Exemptions
The National Traffic and Motor
Vehicle Safety Act (‘‘Safety Act’’),
codified at 49 U.S.C. Chapter 301,
provides the Secretary of Transportation
authority to exempt, on a temporary
basis and under specified
E:\FR\FM\11SEN1.SGM
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asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices
circumstances, motor vehicles from a
motor vehicle safety standard or bumper
standard. This authority is set forth at
49 U.S.C. 30113. The Secretary has
delegated the authority for
implementing this section to NHTSA.
The Safety Act authorizes the
Secretary to grant a temporary
exemption to a vehicle manufacturer
under certain conditions. Under the
conditions relevant to this petition, the
Secretary may grant a petition on
finding that the exemption is consistent
with the public interest and with the
Safety Act, and that the exemption
would make easier the development or
field evaluation of a new motor vehicle
safety feature providing a safety level at
least equal to the safety level of the
standard.1
NHTSA established 49 CFR part 555,
Temporary Exemption From Motor
Vehicle Safety and Bumper Standards,
to implement the statutory provisions
concerning temporary exemptions. The
requirements specified in 49 CFR 555.5
state that the petitioner must set forth
the basis of the application by providing
the information required under Part
555.6, and the reasons why the
exemption would be in the public
interest and consistent with the
objectives of 49 U.S.C. Chapter 301.
A petition on the basis that the
exemption would make easier the
development or field evaluation of a
new motor vehicle safety feature
providing a safety level at least equal to
the safety level of the standard must
include the information specified in 49
CFR 555.6(b). The main requirements of
that section include:
(1) A description of the safety or
impact protection features, and
research, development, and testing
documentation establishing the
innovational nature of such features;
(2) An analysis establishing that the
level of safety or impact protection of
the feature is equivalent to or exceeds
the level of safety or impact protection
established in the standard from which
exemption is sought, including the
following: A detailed description of how
a vehicle equipped with the safety or
impact protection feature differs from
one that complies with the standard; if
applicant is presently manufacturing a
vehicle conforming to the standard, the
results of tests conducted to substantiate
certification to the standard; and the
results of tests conducted on the safety
or impact protection features that
demonstrates performance which meets
or exceeds the requirements of the
standard;
1 49
U.S.C. 30113(3).
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(3) Substantiation that a temporary
exemption would facilitate the
development or field evaluation of the
vehicle;
(4) A statement whether, at the end of
the exemption period, the manufacturer
intends to conform to the standard,
apply for a further exemption, or
petition for rulemaking to amend the
standard to incorporate the safety or
impact protection features; and
(5) A statement that not more than
2,500 exempted vehicles will be sold in
the United States in any 12-month
period for which an exemption may be
granted pursuant to this paragraph.
II. Overview of Petition
Volkswagen has submitted a petition
asking the agency for a temporary
exemption from certain headlamp
requirements of FMVSS No. 108 for
vehicles equipped with adaptive driving
beam (‘‘ADB’’) headlamps. ADB is
defined by SAE International (‘‘SAE’’) as
a long-range forward visibility light
beam that adapts to the presence of
opposing (i.e., approaching from the
opposite direction) and preceding
vehicles by modifying portions of the
projected light in order to reduce glare
to the drivers and riders of those
vehicles. Volkswagen wishes to install
its ‘‘Matrix Beam’’ ADB system on Audi
A7 models, which may also include S7
and Rs7 variants (collectively, ‘‘subject
vehicles’’).
In order to do so, Volkswagen
requests an exemption from S9.4 and
S10.14.6 of FMVSS No. 108. S9.4
requires that a vehicle have a means of
switching between lower and upper
beams designed and located so that it
may be operated conveniently by a
simple movement of the driver’s hand
or foot; that the switch have no dead
point; and, except as provided by
S6.1.5.2, that the lower and upper
beams must not be energized
simultaneously except momentarily for
temporary signaling purposes or during
switching between beams. S10.14.6
specifies the photometry requirements
for integral beam headlighting systems.
Volkswagen indicates that Matrix Beam
may not comply with these
requirements.
The basis for the application is that
the exemption would make easier the
development or field evaluation of a
new motor vehicle safety feature
providing a safety level at least equal to
that of the standard. Volkswagen
explains how the Matrix Beam system
operates and the safety benefits it
believes the system would offer.
Volkswagen states that the safety benefit
is that ADB enhances nighttime
visibility for the driver while at the
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42721
same time reducing glare (relative to the
glare that would be caused by
headlamps on upper beam) to oncoming
and preceding vehicles. In order to
establish the innovational and safetyimproving nature of the Matrix Beam
system, Volkswagen summarizes, refers
to, and submits research, development,
and testing documentation, including
the following: A recent technical paper
summarizing the safety benefits of ADB
systems; Toyota’s pending petition for
rulemaking to amend FMVSS No. 108 to
allow ADB (Docket No. NHTSA–2013–
0004); an excerpt from the United
Kingdom version of the Audi owner’s
manual explaining the Matrix Beam
system; and an Audi Matrix LED
headlight training document.
Volkswagen states that it has received
EU Type Approval for its system and is
currently installing the system on the
following EU Audi models: A4, A6, A7,
A8, TT, and Q7. Volkswagen explains
that Audi has sold 122,979 vehicles
equipped with the Matrix Beam in 55
markets outside the United States. Of
the 77,014 model year 2016 vehicles,
only 69 warranty cases were found
involving a customer complaint related
to the adjustment or functionality of the
Matrix Beam headlamps (a repair per
1000-vehicle rate of 0.90 R/1000
(0.09%)). Volkswagen states that this
shows that the Matrix Beam is very
reliable. Volkswagen states that the
Matrix Beam system complies with a
recently-published SAE standard for
ADB systems, SAE J3069 JUN2016.
Volkswagen also provides compliance
test reports to demonstrate that the nonexempt subject vehicles comply with
the headlamp-related requirements of
FMVSS No. 108.
Petitioner states that a temporary
exemption would facilitate the
development and field evaluation of the
Matrix Beam system. Volkswagen
explains that it intends to collect
feedback from customers who purchase
the exempt vehicles and to obtain data
multiple times throughout the duration
of the exemption. Each time the
customer brings their vehicle to the
dealer for service or routine
maintenance, the customer will be given
a survey. The survey will inquire about
the customer’s typical driving
characteristics, satisfaction with the
Matrix Beam, overall Matrix Beam
performance, and views on the safety of
the Matrix Beam. Volkswagen believes
that this will enable it to both achieve
a relatively high response rate as well as
monitor changes in customer responses
based on length of time of ownership
and mileage. Volkswagen requests that
it be permitted to import and sell 2,500
exempted vehicles during each of the
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Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices
12-month periods covered by the
exemption. Petitioner states that on or
before the end of the exemption period,
it hopes that the pending Toyota
petition for rulemaking will be granted,
and that FMVSS No. 108 will be
amended to allow ADB. If by the end of
the exemption period, FMVSS No. 108
has not been so amended, then
Volkswagen intends either to cease
offering the system in the United States
or request an extension.
III. Completeness and Comment Period
Upon receiving a petition, NHTSA
conducts an initial review of the
petition with respect to whether the
petition is complete and whether the
petitioner appears to be eligible to apply
for the requested exemption. The agency
has tentatively concluded that the
petition from Volkswagen is complete
and that Volkswagen is eligible to apply
for a temporary exemption. The agency
has not made any judgment on the
merits of the application, and is placing
a copy of the petition and other related
materials in the docket.
The agency seeks comment from the
public on the merits of Volkswagen’s
application for a temporary exemption
from S9.4 and S10.14.6 of FMVSS No.
108. We are providing a 30-day
comment period. After considering
public comments and other available
information, we will publish a notice of
final action on the application in the
Federal Register.
Issued on September 5, 2017.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017–19086 Filed 9–8–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
[Docket No. TTB–2017–0003]
Proposed Information Collections;
Comment Request (No. 66)
Alcohol and Tobacco Tax and
Trade Bureau (TTB); Treasury.
ACTION: Notice and request for
comments.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
AGENCY:
As part of our continuing
effort to reduce paperwork and
respondent burden, and as required by
the Paperwork Reduction Act of 1995,
we invite comments on the proposed or
continuing information collections
listed below in this notice.
SUMMARY:
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16:34 Sep 08, 2017
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We must receive your written
comments on or before November 13,
2017.
ADDRESSES: As described below, you
may send comments on the information
collections listed in this document
using the ‘‘Regulations.gov’’ online
comment form for this document, or you
may send written comments via U.S.
mail or hand delivery. TTB no longer
accepts public comments via email or
fax.
• https://www.regulations.gov: Use
the comment form for this document
posted within Docket No. TTB–2017–
0003 on ‘‘Regulations.gov,’’ the Federal
e-rulemaking portal, to submit
comments via the Internet;
• U.S. Mail: Michael Hoover,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005.
• Hand Delivery/Courier in Lieu of
Mail: Michael Hoover, Alcohol and
Tobacco Tax and Trade Bureau, 1310 G
Street NW., Suite 400, Washington, DC
20005.
Please submit separate comments for
each specific information collection
listed in this document. You must
reference the information collection’s
title, form or recordkeeping requirement
number, and OMB number (if any) in
your comment.
You may view copies of this
document, the information collections
listed in it and any associated
instructions, and all comments received
in response to this document within
Docket No. TTB–2017–0003 at https://
www.regulations.gov. A link to that
docket is posted on the TTB Web site at
https://www.ttb.gov/forms/comment-onform.shtml. You may also obtain paper
copies of this document, the
information collections described in it
and any associated instructions, and any
comments received in response to this
document by contacting Michael Hoover
at the addresses or telephone number
shown below.
FOR FURTHER INFORMATION CONTACT:
Michael Hoover, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005;
telephone (202) 453–1039, ext. 135; or
email informationcollections@ttb.gov
(please do not submit comments on this
notice to this email address).
SUPPLEMENTARY INFORMATION:
DATES:
Request for Comments
The Department of the Treasury and
its Alcohol and Tobacco Tax and Trade
Bureau (TTB), as part of a continuing
effort to reduce paperwork and
respondent burden, invite the general
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public and other Federal agencies to
comment on the proposed or continuing
information collections listed below in
this notice, as required by the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Comments submitted in response to
this notice will be included or
summarized in our request for Office of
Management and Budget (OMB)
approval of the relevant information
collection. All comments are part of the
public record and subject to disclosure.
Please do not include any confidential
or inappropriate material in comments.
For each information collection listed
below, we invite comments on: (a)
Whether the information collection is
necessary for the proper performance of
the agency’s functions, including
whether the information has practical
utility; (b) the accuracy of the agency’s
estimate of the information collection’s
burden; (c) ways to enhance the quality,
utility, and clarity of the information
collected; (d) ways to minimize the
information collection’s burden on
respondents, including through the use
of automated collection techniques or
other forms of information technology;
and (e) estimates of capital or start-up
costs and costs of operation,
maintenance, and purchase of services
to provide the requested information.
Information Collections Open for
Comment
Currently, we are seeking comments
on the following information collections
(forms, recordkeeping requirements, or
questionnaires):
Title: Application for Amended Basic
Permit under the Federal Alcohol
Administration Act.
OMB Number: 1513–0019.
TTB Form Number: F 5100.18.
Abstract: The Federal Alcohol
Administration Act (FAA Act) at 27
U.S.C. 203 requires that a person apply
for and receive a permit (known as a
‘‘basic permit’’) to engage in the
business of importing distilled spirits,
wine, or malt beverages into the United
States; to engage in the business of
distilling spirits or producing wine; and
to engage in the business of purchasing
for resale at wholesale distilled spirits,
wine, or malt beverages. Section 204 of
the FAA Act imposes minimum
requirements for basic permits and
authorizes the Secretary of the Treasury
to prescribe the manner and form of all
applications for basic permits.
TTB F 5100.18 is completed by a
person who has a basic permit under the
FAA Act and wants to amend that
permit. Amendment of a basic permit
may become necessary when changes
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Agencies
[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Pages 42720-42722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19086]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0018]
Volkswagen Group of America; Receipt of Petition for Temporary
Exemption From FMVSS No. 108
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of receipt of a petition for a temporary exemption from
certain headlamp requirements of Federal Motor Vehicle Safety Standard
(FMVSS) No. 108, Lamps, Reflective devices, and Associated Equipment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the procedures, Volkswagen Group of America
(Volkswagen, or Petitioner) has petitioned the agency for a temporary
exemption from certain headlamp requirements of FMVSS No. 108 to allow
the use of adaptive driving beam headlights. Volkswagen requests the
exemption on the basis that it would facilitate the development or
field evaluation of a new motor vehicle safety feature providing a
safety level at least equal to that of the standard. NHTSA has made no
judgment on the merits of the application. This notice of receipt of an
application for a temporary exemption is published in accordance with
statutory and administrative provisions.
DATES: You should submit your comments not later than October 11, 2017.
FOR FURTHER INFORMATION CONTACT: John Piazza, Office of the Chief
Counsel, NCC-112, National Highway Traffic Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590. Telephone: (202) 366-2992;
Fax: (202) 366-3820.
ADDRESSES: We invite you to submit comments on the application
described above. You may submit comments identified by docket number in
the heading of this notice by any of the following methods:
Fax: 1-202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, Room W12-140, 1200 New Jersey Avenue SE., Washington,
DC 20590.
Hand Delivery: 1200 New Jersey Avenue SE., West Building
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket number. Note that all comments received will be posted without
change to https://www.regulations.gov, including any personal
information provided. Please see the Privacy Act discussion below. We
will consider all comments received before the close of business on the
comment closing date indicated above. To the extent possible, we will
also consider comments filed after the closing date.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov at any time or to
1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays. Telephone: (202) 366-9826.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
https://www.dot.gov/privacy.html.
Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you should submit three
copies of your complete submission, including the information you claim
to be confidential business information, to the Chief Counsel, NHTSA,
at the address given under FOR FURTHER INFORMATION CONTACT. In
addition, you should submit two copies, from which you have deleted the
claimed confidential business information, to Docket Management at the
address given above. When you send a comment containing information
claimed to be confidential business information, you should include a
cover letter setting forth the information specified in our
confidential business information regulation (49 CFR part 512).
SUPPLEMENTARY INFORMATION:
I. Statutory Authority for Temporary Exemptions
The National Traffic and Motor Vehicle Safety Act (``Safety Act''),
codified at 49 U.S.C. Chapter 301, provides the Secretary of
Transportation authority to exempt, on a temporary basis and under
specified
[[Page 42721]]
circumstances, motor vehicles from a motor vehicle safety standard or
bumper standard. This authority is set forth at 49 U.S.C. 30113. The
Secretary has delegated the authority for implementing this section to
NHTSA.
The Safety Act authorizes the Secretary to grant a temporary
exemption to a vehicle manufacturer under certain conditions. Under the
conditions relevant to this petition, the Secretary may grant a
petition on finding that the exemption is consistent with the public
interest and with the Safety Act, and that the exemption would make
easier the development or field evaluation of a new motor vehicle
safety feature providing a safety level at least equal to the safety
level of the standard.\1\
---------------------------------------------------------------------------
\1\ 49 U.S.C. 30113(3).
---------------------------------------------------------------------------
NHTSA established 49 CFR part 555, Temporary Exemption From Motor
Vehicle Safety and Bumper Standards, to implement the statutory
provisions concerning temporary exemptions. The requirements specified
in 49 CFR 555.5 state that the petitioner must set forth the basis of
the application by providing the information required under Part 555.6,
and the reasons why the exemption would be in the public interest and
consistent with the objectives of 49 U.S.C. Chapter 301.
A petition on the basis that the exemption would make easier the
development or field evaluation of a new motor vehicle safety feature
providing a safety level at least equal to the safety level of the
standard must include the information specified in 49 CFR 555.6(b). The
main requirements of that section include:
(1) A description of the safety or impact protection features, and
research, development, and testing documentation establishing the
innovational nature of such features;
(2) An analysis establishing that the level of safety or impact
protection of the feature is equivalent to or exceeds the level of
safety or impact protection established in the standard from which
exemption is sought, including the following: A detailed description of
how a vehicle equipped with the safety or impact protection feature
differs from one that complies with the standard; if applicant is
presently manufacturing a vehicle conforming to the standard, the
results of tests conducted to substantiate certification to the
standard; and the results of tests conducted on the safety or impact
protection features that demonstrates performance which meets or
exceeds the requirements of the standard;
(3) Substantiation that a temporary exemption would facilitate the
development or field evaluation of the vehicle;
(4) A statement whether, at the end of the exemption period, the
manufacturer intends to conform to the standard, apply for a further
exemption, or petition for rulemaking to amend the standard to
incorporate the safety or impact protection features; and
(5) A statement that not more than 2,500 exempted vehicles will be
sold in the United States in any 12-month period for which an exemption
may be granted pursuant to this paragraph.
II. Overview of Petition
Volkswagen has submitted a petition asking the agency for a
temporary exemption from certain headlamp requirements of FMVSS No. 108
for vehicles equipped with adaptive driving beam (``ADB'') headlamps.
ADB is defined by SAE International (``SAE'') as a long-range forward
visibility light beam that adapts to the presence of opposing (i.e.,
approaching from the opposite direction) and preceding vehicles by
modifying portions of the projected light in order to reduce glare to
the drivers and riders of those vehicles. Volkswagen wishes to install
its ``Matrix Beam'' ADB system on Audi A7 models, which may also
include S7 and Rs7 variants (collectively, ``subject vehicles'').
In order to do so, Volkswagen requests an exemption from S9.4 and
S10.14.6 of FMVSS No. 108. S9.4 requires that a vehicle have a means of
switching between lower and upper beams designed and located so that it
may be operated conveniently by a simple movement of the driver's hand
or foot; that the switch have no dead point; and, except as provided by
S6.1.5.2, that the lower and upper beams must not be energized
simultaneously except momentarily for temporary signaling purposes or
during switching between beams. S10.14.6 specifies the photometry
requirements for integral beam headlighting systems. Volkswagen
indicates that Matrix Beam may not comply with these requirements.
The basis for the application is that the exemption would make
easier the development or field evaluation of a new motor vehicle
safety feature providing a safety level at least equal to that of the
standard. Volkswagen explains how the Matrix Beam system operates and
the safety benefits it believes the system would offer. Volkswagen
states that the safety benefit is that ADB enhances nighttime
visibility for the driver while at the same time reducing glare
(relative to the glare that would be caused by headlamps on upper beam)
to oncoming and preceding vehicles. In order to establish the
innovational and safety-improving nature of the Matrix Beam system,
Volkswagen summarizes, refers to, and submits research, development,
and testing documentation, including the following: A recent technical
paper summarizing the safety benefits of ADB systems; Toyota's pending
petition for rulemaking to amend FMVSS No. 108 to allow ADB (Docket No.
NHTSA-2013-0004); an excerpt from the United Kingdom version of the
Audi owner's manual explaining the Matrix Beam system; and an Audi
Matrix LED headlight training document.
Volkswagen states that it has received EU Type Approval for its
system and is currently installing the system on the following EU Audi
models: A4, A6, A7, A8, TT, and Q7. Volkswagen explains that Audi has
sold 122,979 vehicles equipped with the Matrix Beam in 55 markets
outside the United States. Of the 77,014 model year 2016 vehicles, only
69 warranty cases were found involving a customer complaint related to
the adjustment or functionality of the Matrix Beam headlamps (a repair
per 1000-vehicle rate of 0.90 R/1000 (0.09%)). Volkswagen states that
this shows that the Matrix Beam is very reliable. Volkswagen states
that the Matrix Beam system complies with a recently-published SAE
standard for ADB systems, SAE J3069 JUN2016. Volkswagen also provides
compliance test reports to demonstrate that the non-exempt subject
vehicles comply with the headlamp-related requirements of FMVSS No.
108.
Petitioner states that a temporary exemption would facilitate the
development and field evaluation of the Matrix Beam system. Volkswagen
explains that it intends to collect feedback from customers who
purchase the exempt vehicles and to obtain data multiple times
throughout the duration of the exemption. Each time the customer brings
their vehicle to the dealer for service or routine maintenance, the
customer will be given a survey. The survey will inquire about the
customer's typical driving characteristics, satisfaction with the
Matrix Beam, overall Matrix Beam performance, and views on the safety
of the Matrix Beam. Volkswagen believes that this will enable it to
both achieve a relatively high response rate as well as monitor changes
in customer responses based on length of time of ownership and mileage.
Volkswagen requests that it be permitted to import and sell 2,500
exempted vehicles during each of the
[[Page 42722]]
12-month periods covered by the exemption. Petitioner states that on or
before the end of the exemption period, it hopes that the pending
Toyota petition for rulemaking will be granted, and that FMVSS No. 108
will be amended to allow ADB. If by the end of the exemption period,
FMVSS No. 108 has not been so amended, then Volkswagen intends either
to cease offering the system in the United States or request an
extension.
III. Completeness and Comment Period
Upon receiving a petition, NHTSA conducts an initial review of the
petition with respect to whether the petition is complete and whether
the petitioner appears to be eligible to apply for the requested
exemption. The agency has tentatively concluded that the petition from
Volkswagen is complete and that Volkswagen is eligible to apply for a
temporary exemption. The agency has not made any judgment on the merits
of the application, and is placing a copy of the petition and other
related materials in the docket.
The agency seeks comment from the public on the merits of
Volkswagen's application for a temporary exemption from S9.4 and
S10.14.6 of FMVSS No. 108. We are providing a 30-day comment period.
After considering public comments and other available information, we
will publish a notice of final action on the application in the Federal
Register.
Issued on September 5, 2017.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-19086 Filed 9-8-17; 8:45 am]
BILLING CODE 4910-59-P