Federal Motor Carrier Safety Regulations (FMCSRs) Which May Be a Barrier to the Safe Integration of Automated Driving Systems in Commercial Vehicle Operations; Public Meeting, 42456-42458 [2018-18127]

Download as PDF 42456 Proposed Rules Federal Register Vol. 83, No. 163 Wednesday, August 22, 2018 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [WT Docket No. 17–79; Report No. 3099] Petitions for Reconsideration of Action in Rulemaking Proceeding Federal Communications Commission. ACTION: Petitions for reconsideration. AGENCY: The National Association of Telecommunications Officers and Advisors (NATOA) requests reconsideration of the Order’s finding that deployments of small wireless facilities, as defined in the Order, are not subject to review under the National Historic Preservation Act (‘‘NHPA’’) and the National Environmental Policy Act of 1969 (‘‘NEPA’’). PTA–FLA, Inc. requests that the Commission also determine that structures between 50 feet and 199 feet are not subject to review under NEPA and NHPA. PTA– FLA also requests changes to Commission’s procedures for notifying tribal governments of proposed structures. Various petitioners seek reconsideration of the Order because they assert that small cell facilities must complete review under the NHPA and NEPA. DATES: Oppositions to the Petition must be filed on or before September 6, 2018. Replies to an opposition must be filed on or before September 17, 2018. ADDRESSES: Federal Communications Commission, 445 12th Street SW, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Leon Jackler, Wireless Telecommunications Bureau, at: (202) 418–0946; email: Leon.Jackler@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s document, Report No. 3099, released July 24, 2018. The full text of the Petitions is available for viewing and copying at the FCC Reference Information Center, 445 12th Street SW, Room CY–A257, Washington, DC 20554. amozie on DSK3GDR082PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:10 Aug 21, 2018 Jkt 244001 It also may be accessed online via the Commission’s Electronic Comment Filing System at: http://apps.fcc.gov/ ecfs/. The Commission will not send a Congressional Review Act (CRA) submission to Congress or the Government Accountability Office pursuant to the CRA, 5.U.S.C. because no rules are being adopted by the Commission. Number of Petitions Filed: 54. Petitions for Reconsideration (Petitions) have been filed in the Commission’s Rulemaking proceeding by Elaine R Unger, Cynthia Baughman, Lisa Cline and Rebecca Carol Smith. William Kenny Now, on behalf of Friends of Merrymeeting Bay, Mary Beth Brangan, Laura Allred, Joann Fox, Chuch Matzker, John M. Unger, Sue Present, Jacqueline J Shrontz, Sue Present, John Dankowski, Molly P Hauck. Pacia J. Harper, Ronald A. Fisher, Donna Desanto Ott PT, DPT, MS, FMCHC, Evelyn Savarin, Thomas Maslar, Naveen Albert, Jaclyn and David Kramer, Lucy Hackett, Andrew Hackett, Sarah Kendall, Allan D. Sikorski, Michael Kendall, Gary Swittel, Mary Kay Swittel, Leah Spitzer, Susan L. Benson, Daniel Kleiber, Susan B. Flemming, Catherine Kleiber, Molly Perkings, Hauck, Debra Albus, Michele Hertz, Alexandra Ansell, Cynthia Franklin, Michael Lipa, Rita Lipa, Victoria Sievers. Kate Kheel, Jonathan Mirin, Susan Riedeman and Pamela J. Ericson. Matt Huck, on behalf of Truth &Facts Never Lie, Becky Huck and Olemara Peters. Nancy L. Werner, on behalf of NATOA. Donald J. Evans, on behalf of PTA–FLA, Inc., and B Golomb. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2018–17299 Filed 8–21–18; 8:45 am] BILLING CODE 6712–01–P PO 00000 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Chapter III [Docket No. FMCSA–2018–0037] Federal Motor Carrier Safety Regulations (FMCSRs) Which May Be a Barrier to the Safe Integration of Automated Driving Systems in Commercial Vehicle Operations; Public Meeting Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Announcement of public listening session. AGENCY: FMCSA announces a public listening session on Friday, August 24, 2018, to solicit information on issues relating to the design, development, testing, and integration of automated driving systems (ADS) equipped commercial motor vehicles (CMVs) on our Nation’s roadways. The listening session is the third in a series held in 2018 with the first occurring on June 19 in Ann Arbor, MI, and the second occurring on July 12 in San Francisco, CA. The meeting will provide interested parties an opportunity to share their views on the FMCSRs as they relate to the development and safe integration of ADS. Attendees are also encouraged to share any data or analysis on this topic with Agency representatives. DATES: The meeting will be held on Friday, August 24, 2018, from 1–2:30 p.m. Central Daylight Time (CDT) at the Great American Trucking Show (GATS), Kay Bailey Hutchison Convention Center, 650 S Griffin Street, Dallas, TX 75202. If all interested participants have had an opportunity to comment, the session may conclude early. FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Advisor to the Associate Administrator for Policy, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, at (202) 385–2395, or via email: shannon.watson@dot.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background On September 12, 2017, the Department published the Automated Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\22AUP1.SGM 22AUP1 amozie on DSK3GDR082PROD with PROPOSALS1 Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Proposed Rules Driving Systems (ADS): A Vision for Safety 2.0. (Publication No. DOT HS 812 442) (the Voluntary Guidance). The Voluntary Guidance offers a path forward for the safe integration of automated vehicles by: • Encouraging new entrants and ideas that deliver safer vehicles; • Making the Departmental regulatory processes nimbler to help match the pace of private sector innovation; and • Supporting industry innovation and encouraging open communication with the public and with stakeholders. The Voluntary Guidance is rooted in the Department’s view that ADSequipped vehicles hold enormous potential benefits for safety, mobility, and the efficiency of our transportation system. The primary focus of the Voluntary Guidance is on levels of ADS that can take full control of the driving tasks in at least some circumstances. Portions of the Voluntary Guidance also apply to lower levels of automation, including some of the driver assistance systems already being deployed by automakers today. The full document can be found at: https://www.nhtsa.gov/ sites/nhtsa.dot.gov/files/documents/ 13069a-ads2.0_090617_v9a_tag.pdf. The Voluntary Guidance adopts the SAE International (SAE) J3016 standard’s definitions for levels of automation. The SAE definitions divide vehicles into levels based on ‘‘who does what, when.’’ Generally: • SAE Level 0, No Driving Automation; the driver performs all driving tasks. • SAE Level 1, Driver Assistance; the vehicle is controlled by the driver, but some driving assist features may be included in the vehicle design. • SAE Level 2, Partial Driving Automation; the vehicle has combined automated functions, like acceleration and steering, but the driver must remain engaged with the driving task and monitor the environment at all times. • SAE Level 3, Conditional Driving Automation; the driver is a necessity, but is not required to monitor the environment. The driver must be ready to take control of the vehicle at all times with notice. • SAE Level 4, High Driving Automation; the vehicle is capable of performing all driving functions under certain conditions. The driver may have the option to control the vehicle. • SAE Level 5, Full Driving Automation: the vehicle is capable of performing all driving functions under all conditions. VerDate Sep<11>2014 16:10 Aug 21, 2018 Jkt 244001 Using the SAE levels described above, the Department draws a distinction between Levels 0–2 and 3–5 based on whether the human driver or the automated system is primarily responsible for monitoring the driving environment. For the purposes of this Federal Register notice, the Agency’s primary focus is SAE Levels 3–5 ADS. FMCSA encourages the development of these advanced safety technologies for use on CMVs, and at the same time, recognizes the need to work with the States to ensure that, from an operations standpoint, all testing and use of these advanced safety systems is conducted in a manner that ensures the safe operation of ADS-equipped commercial vehicles. FMCSA is responsible for the safety oversight of motor carriers operating CMVs in interstate commerce, the drivers of CMVs, and the vehicles. The Agency works with its State partners to deliver programs intended to prevent CMV crashes, and the associated injuries and fatalities. The FMCSRs provide rules to ensure the safe operation of CMVs, as defined in 49 CFR 390.5, which includes vehicles with a gross vehicle weight/ gross combination weight or gross vehicle weight rating/gross combination weight rating, whichever is greater, of 10,001 pounds or more; passengercarrying vehicles designed or used to transport 9 to 15 passengers for direct compensation; passenger-carrying vehicles designed or used to transport 16 or more passengers; and any size vehicle transporting hazardous materials in a quantity requiring placards. FMCSA’s 2018 Request for Comments On March 26, 2018, FMCSA published ‘‘Request for Comments Concerning Federal Motor Carrier Safety Regulations (FMCSRs) Which May Be a Barrier to the Safe Testing and Deployment of Automated Driving Systems-Equipped Commercial Motor Vehicles on Public Roads.’’ (83 FR 12933) The document solicited public comments on existing Federal Motor Carrier Safety Regulations (FMCSRs) that may need to be updated, modified, or eliminated to facilitate the safe introduction of automated driving systems (ADS) equipped commercial motor vehicles (CMVs) onto our Nation’s roadways. The Agency indicated that it had commissioned the U.S. Department of Transportation’s John A. Volpe National Transportation Systems Center (Volpe) to conduct a preliminary review of the FMCSRs to PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 42457 identify regulations that may relate to the development and safe introduction of ADS. The Agency requested comments on this report, including whether any of FMCSA’s current safety regulations may hinder the testing and safe integration of ADS-equipped CMVs. Further, FMCSA requested comment on certain specific regulatory requirements that are likely to be affected by an increased integration of ADS-equipped CMVs. In addition, to support FMCSA’s effort to understand future impacts on the FMCSRs, FMCSA requested information, including from companies engaged in the design, development, testing, and integration of ADSequipped CMVs into the fleet. Specifically, the Agency requested information about: (1) The scenarios and environments where entities expect that ADS will soon be tested and integrated into CMVs operating on public roads or in interstate commerce; (2) the operational design domains (ODD) in which these systems are being operated or would be tested and eventually deployed; and, (3) measures they believe are required to ensure the protection of any proprietary or confidential business information they intend to share with the Agency. The comment period ended on May 10, 2018. Interested parties may view the comments the Agency received at www.regulations.gov (docket number FMCSA–2018–0037). Subsequent to the publication of the March 28 notice, FMCSA and other surface transportation agencies have begun planning for the initiation of rulemakings concerning ADS technology. The agencies have been assigned Regulation Identification Numbers (RINs) for their respective Advance Notices of Proposed Rulemakings (ANPRMs). To that end, the public listening session is intended to provide FMCSA the opportunity to engage stakeholders before the Agency begins drafting its ANPRM. Meeting Participation Oral comments from the public will be heard throughout the meeting. Members of the public may submit written comments to public docket referenced at the beginning of this notice using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. E:\FR\FM\22AUP1.SGM 22AUP1 42458 Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Proposed Rules amozie on DSK3GDR082PROD with PROPOSALS1 • Fax: 202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, Washington, DC 20590. VerDate Sep<11>2014 16:10 Aug 21, 2018 Jkt 244001 • Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12– 140, Washington, DC, between 9 a.m. and 5 p.m., E.T. Monday through Friday, except Federal holidays. PO 00000 Frm 00003 Fmt 4702 Sfmt 9990 Issued on: August 17, 2018. Cathy F. Gautreaux, Deputy Administrator. [FR Doc. 2018–18127 Filed 8–21–18; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\22AUP1.SGM 22AUP1

Agencies

[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Proposed Rules]
[Pages 42456-42458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18127]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Chapter III

[Docket No. FMCSA-2018-0037]


Federal Motor Carrier Safety Regulations (FMCSRs) Which May Be a 
Barrier to the Safe Integration of Automated Driving Systems in 
Commercial Vehicle Operations; Public Meeting

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Announcement of public listening session.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces a public listening session on Friday, August 
24, 2018, to solicit information on issues relating to the design, 
development, testing, and integration of automated driving systems 
(ADS) equipped commercial motor vehicles (CMVs) on our Nation's 
roadways. The listening session is the third in a series held in 2018 
with the first occurring on June 19 in Ann Arbor, MI, and the second 
occurring on July 12 in San Francisco, CA. The meeting will provide 
interested parties an opportunity to share their views on the FMCSRs as 
they relate to the development and safe integration of ADS. Attendees 
are also encouraged to share any data or analysis on this topic with 
Agency representatives.

DATES: The meeting will be held on Friday, August 24, 2018, from 1-2:30 
p.m. Central Daylight Time (CDT) at the Great American Trucking Show 
(GATS), Kay Bailey Hutchison Convention Center, 650 S Griffin Street, 
Dallas, TX 75202. If all interested participants have had an 
opportunity to comment, the session may conclude early.

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Advisor 
to the Associate Administrator for Policy, Federal Motor Carrier Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE, Washington, DC 20590, at (202) 385-2395, or via email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On September 12, 2017, the Department published the Automated

[[Page 42457]]

Driving Systems (ADS): A Vision for Safety 2.0. (Publication No. DOT HS 
812 442) (the Voluntary Guidance). The Voluntary Guidance offers a path 
forward for the safe integration of automated vehicles by:
     Encouraging new entrants and ideas that deliver safer 
vehicles;
     Making the Departmental regulatory processes nimbler to 
help match the pace of private sector innovation; and
     Supporting industry innovation and encouraging open 
communication with the public and with stakeholders.
    The Voluntary Guidance is rooted in the Department's view that ADS-
equipped vehicles hold enormous potential benefits for safety, 
mobility, and the efficiency of our transportation system. The primary 
focus of the Voluntary Guidance is on levels of ADS that can take full 
control of the driving tasks in at least some circumstances. Portions 
of the Voluntary Guidance also apply to lower levels of automation, 
including some of the driver assistance systems already being deployed 
by automakers today. The full document can be found at: https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13069a-ads2.0_090617_v9a_tag.pdf.
    The Voluntary Guidance adopts the SAE International (SAE) J3016 
standard's definitions for levels of automation. The SAE definitions 
divide vehicles into levels based on ``who does what, when.'' 
Generally:
     SAE Level 0, No Driving Automation; the driver performs 
all driving tasks.
     SAE Level 1, Driver Assistance; the vehicle is controlled 
by the driver, but some driving assist features may be included in the 
vehicle design.
     SAE Level 2, Partial Driving Automation; the vehicle has 
combined automated functions, like acceleration and steering, but the 
driver must remain engaged with the driving task and monitor the 
environment at all times.
     SAE Level 3, Conditional Driving Automation; the driver is 
a necessity, but is not required to monitor the environment. The driver 
must be ready to take control of the vehicle at all times with notice.
     SAE Level 4, High Driving Automation; the vehicle is 
capable of performing all driving functions under certain conditions. 
The driver may have the option to control the vehicle.
     SAE Level 5, Full Driving Automation: the vehicle is 
capable of performing all driving functions under all conditions.
    Using the SAE levels described above, the Department draws a 
distinction between Levels 0-2 and 3-5 based on whether the human 
driver or the automated system is primarily responsible for monitoring 
the driving environment. For the purposes of this Federal Register 
notice, the Agency's primary focus is SAE Levels 3-5 ADS.
    FMCSA encourages the development of these advanced safety 
technologies for use on CMVs, and at the same time, recognizes the need 
to work with the States to ensure that, from an operations standpoint, 
all testing and use of these advanced safety systems is conducted in a 
manner that ensures the safe operation of ADS-equipped commercial 
vehicles.
    FMCSA is responsible for the safety oversight of motor carriers 
operating CMVs in interstate commerce, the drivers of CMVs, and the 
vehicles. The Agency works with its State partners to deliver programs 
intended to prevent CMV crashes, and the associated injuries and 
fatalities.
    The FMCSRs provide rules to ensure the safe operation of CMVs, as 
defined in 49 CFR 390.5, which includes vehicles with a gross vehicle 
weight/gross combination weight or gross vehicle weight rating/gross 
combination weight rating, whichever is greater, of 10,001 pounds or 
more; passenger-carrying vehicles designed or used to transport 9 to 15 
passengers for direct compensation; passenger-carrying vehicles 
designed or used to transport 16 or more passengers; and any size 
vehicle transporting hazardous materials in a quantity requiring 
placards.

FMCSA's 2018 Request for Comments

    On March 26, 2018, FMCSA published ``Request for Comments 
Concerning Federal Motor Carrier Safety Regulations (FMCSRs) Which May 
Be a Barrier to the Safe Testing and Deployment of Automated Driving 
Systems-Equipped Commercial Motor Vehicles on Public Roads.'' (83 FR 
12933) The document solicited public comments on existing Federal Motor 
Carrier Safety Regulations (FMCSRs) that may need to be updated, 
modified, or eliminated to facilitate the safe introduction of 
automated driving systems (ADS) equipped commercial motor vehicles 
(CMVs) onto our Nation's roadways. The Agency indicated that it had 
commissioned the U.S. Department of Transportation's John A. Volpe 
National Transportation Systems Center (Volpe) to conduct a preliminary 
review of the FMCSRs to identify regulations that may relate to the 
development and safe introduction of ADS. The Agency requested comments 
on this report, including whether any of FMCSA's current safety 
regulations may hinder the testing and safe integration of ADS-equipped 
CMVs. Further, FMCSA requested comment on certain specific regulatory 
requirements that are likely to be affected by an increased integration 
of ADS-equipped CMVs.
    In addition, to support FMCSA's effort to understand future impacts 
on the FMCSRs, FMCSA requested information, including from companies 
engaged in the design, development, testing, and integration of ADS-
equipped CMVs into the fleet. Specifically, the Agency requested 
information about: (1) The scenarios and environments where entities 
expect that ADS will soon be tested and integrated into CMVs operating 
on public roads or in interstate commerce; (2) the operational design 
domains (ODD) in which these systems are being operated or would be 
tested and eventually deployed; and, (3) measures they believe are 
required to ensure the protection of any proprietary or confidential 
business information they intend to share with the Agency. The comment 
period ended on May 10, 2018. Interested parties may view the comments 
the Agency received at www.regulations.gov (docket number FMCSA-2018-
0037).
    Subsequent to the publication of the March 28 notice, FMCSA and 
other surface transportation agencies have begun planning for the 
initiation of rulemakings concerning ADS technology. The agencies have 
been assigned Regulation Identification Numbers (RINs) for their 
respective Advance Notices of Proposed Rulemakings (ANPRMs). To that 
end, the public listening session is intended to provide FMCSA the 
opportunity to engage stakeholders before the Agency begins drafting 
its ANPRM.

Meeting Participation

    Oral comments from the public will be heard throughout the meeting. 
Members of the public may submit written comments to public docket 
referenced at the beginning of this notice using any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.

[[Page 42458]]

     Fax: 202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Room W12-140, Washington, DC 
20590.
     Hand Delivery: U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, West Building, Room W12-140, Washington, DC, between 
9 a.m. and 5 p.m., E.T. Monday through Friday, except Federal holidays.

    Issued on: August 17, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-18127 Filed 8-21-18; 8:45 am]
 BILLING CODE 4910-EX-P