HOLON U.S. Inc.-Receipt of Petition for Temporary Exemption From Various Requirements of the Federal Motor Vehicle Safety Standards for an Automated Driving System-Equipped Vehicle, 88856-88861 [2024-25990]
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Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
SUPPLEMENTARY INFORMATION:
I. Background
[FR Doc. 2024–25962 Filed 11–7–24; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
Decommissioning and Disposition of
the National Historic Landmark
Nuclear Ship Savannah; Notice of
Public Meeting
Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:
The Maritime Administration
(MARAD) announces a public meeting
of the Peer Review Group (PRG). The
PRG was established pursuant to the
requirements of the National Historic
Preservation Act (NHPA) and its
implementing regulations to plan for the
decommissioning and disposition of the
Nuclear Ship Savannah (NSS). PRG
membership is comprised of officials
from the U.S. Department of
Transportation, MARAD, the U.S.
Nuclear Regulatory Commission (NRC),
the Advisory Council on Historic
Preservation (ACHP), and the Maryland
State Historic Preservation Officer
(SHPO) and other consulting parties.
The public meeting affords the public
an opportunity to participate in PRG
activities, including reviewing and
providing comments on draft
deliverables. MARAD encourages public
participation and provides the PRG
meeting information below.
DATES: The meeting will be held on
Tuesday, November 19, 2024, from 2:30
p.m. to 4 p.m. eastern daylight time
(EDT). Requests to attend the meeting
must be received by 5 p.m. EDT one
week before the meeting, Tuesday,
November 12, 2024, to facilitate entry or
to receive instructions to participate
online. Requests for accommodations
for a disability must also be received
one week before the meeting, Tuesday,
November 12, 2024.
ADDRESSES: The meeting will be held
onboard the NSS, online, or by phone.
The NSS is located at Pier 13 Canton
Marine Terminal, 4601 Newgate
Avenue, Baltimore, MD 21124.
FOR FURTHER INFORMATION CONTACT:
Erhard W. Koehler, (202) 680–2066 or
via email at marad.history@dot.gov. You
may send mail to N.S. Savannah/
Savannah Technical Staff, Pier 13
Canton Marine Terminal, 4601 Newgate
Avenue, Baltimore, MD 21224, ATTN:
Erhard Koehler.
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SUMMARY:
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The decommissioning and disposition
of the NSS is an Undertaking under
Section 106 of the NHPA. Section 106
requires that federal agencies consider
views of the public regarding their
Undertakings; therefore, in 2020,
MARAD established a Federal docket at
https://www.regulations.gov/docket/
MARAD-2020-0133 to provide public
notice about the NSS Undertaking. The
federal docket was also used in 2021 to
solicit public comments on the future
uses of the NSS. MARAD is continuing
to use this same docket to take in public
comment, share information, and post
agency actions.
The NHPA Programmatic Agreement
(PA) for the Decommissioning and
Disposition of the NSS is available on
the MARAD docket located at
www.regulations.gov under docket id
‘‘MARAD–2020–0133.’’ The PA
stipulates a deliberative process by
which MARAD will consider the
disposition of the NSS. This process
requires MARAD to make an
affirmative, good-faith effort to preserve
the NSS. The PA also establishes the
PRG in Stipulation II. The PRG is the
mechanism for continuing consultation
during the effective period of the PA
and its members consist of the
signatories and concurring parties to the
PA, as well as other consulting parties.
The PRG members will provide
individual input and guidance to
MARAD regarding the implementation
of stipulations in the PA. PRG members
and members of the public are invited
to provide input by attending bimonthly meetings and reviewing and
commenting on deliverables developed
as part of the PA.
II. Agenda
The agenda will include (1) welcome
and introductions; (2) program update;
(3) status of PA stipulations; (4) other
business; and (5) date of next meeting.
The agenda will also be posted on
MARAD’s website at https://
www.maritime.dot.gov/outreach/
history/maritime-administrationhistory-program and on the MARAD
docket located at www.regulations.gov
under docket id ‘‘MARAD–2020–0133.’’
III. Public Participation
The meeting will be open to the
public. Members of the public who wish
to attend in person or online must RSVP
to the person listed in the FOR FURTHER
INFORMATION CONTACT section with your
name and affiliation. Members of the
public may also call-in using the
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following number: 312–600–3163 and
conference ID: 930 866 814#.
Special services. The NSS is not
compliant with the Americans with
Disabilities Act (ADA). The ship has
some capability to accommodate
persons with impaired mobility. If you
require accommodations to attend PRG
meetings in-person, please contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The U.S.
Department of Transportation is
committed to providing all participants
equal access to this meeting. If you need
alternative formats or services such as
sign language, interpretation, or other
ancillary aids, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
(Authority: 5 U.S.C. 552b; 36 CFR part 800;
49 CFR 1.81 and 1.93.)
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2024–26021 Filed 11–7–24; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2024–0067]
HOLON U.S. Inc.—Receipt of Petition
for Temporary Exemption From
Various Requirements of the Federal
Motor Vehicle Safety Standards for an
Automated Driving System-Equipped
Vehicle
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of receipt of petition for
temporary exemption; request for public
comment.
AGENCY:
HOLON and HOLON U.S. Inc
have petitioned NHTSA for a temporary
exemption from certain requirements in
seven Federal motor vehicle safety
standards (FMVSS) for its ‘‘automated
electric bus,’’ which is a vehicle
equipped with an Automated Driving
System (ADS). Specifically, HOLON
seeks exemption from portions of
FMVSS No. 101, Controls and displays;
FMVSS No. 102, Transmission shift
position sequence, starter interlock, and
transmission braking effect; FMVSS No.
104, Windshield wiping and washing
systems; FMVSS No. 105, Windshield
wiping and washing systems; FMVSS
No. 108, Lamps, reflective devices, and
associated equipment; FMVSS No. 111,
Rear visibility; and FMVSS No. 208,
Occupant crash protection. NHTSA is
SUMMARY:
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Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices
publishing this document in accordance
with statutory and administrative
provisions and seeks comment on the
merits of HOLON’s exemption petition
and on potential terms and conditions
that should be applied to a temporary
exemption if granted. After receiving
and considering public comments,
NHTSA will assess the merits of the
petition and will publish a notice in the
Federal Register notice setting forth
NHTSA’s reasoning for either granting
or denying the petition.
DATES: Comments must be received on
or before January 7, 2025.
ADDRESSES: NHTSA invites you to
submit comments on the petition
described herein and the questions
posed below. You may submit
comments identified by docket number
in the heading of this notice by any of
the following methods:
• Fax: (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. NHTSA will consider all
comments received before the close of
business on the comment closing date
indicated above. To the extent possible,
NHTSA 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: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, to
www.regulations.gov, as described in
the system of records notice, DOT/ALL–
14 FDMS, accessible through
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www.dot.gov/privacy. In order to
facilitate comment tracking and
response, we encourage commenters to
provide their name, or the name of their
organization; however, submission of
names is completely optional. Whether
or not commenters identify themselves,
all timely comments will be fully
considered. If you wish to provide
comments containing proprietary or
confidential information, please contact
the agency for alternate submission
instructions.
Confidential Business Information: If
you wish to submit any information
under a claim of confidentiality, you
must submit your request directly to
NHTSA’s Office of the Chief Counsel.
Requests for confidentiality are
governed by part 512. NHTSA is
currently treating electronic submission
as an acceptable method for submitting
confidential business information to the
agency under part 512. If you would like
to submit a request for confidential
treatment, you may email your
submission to Dan Rabinovitz in the
Office of the Chief Counsel at
Daniel.Rabinovitz@dot.gov or you may
contact Dan for a secure file transfer
link. At this time, you should not send
a duplicate hardcopy of your electronic
CBI submissions to DOT headquarters. If
you claim that any of the information or
documents provided to the agency
constitute confidential business
information within the meaning of 5
U.S.C. 552(b)(4), or are protected from
disclosure pursuant to 18 U.S.C. 1905,
you must submit supporting
information together with the materials
that are the subject of the confidentiality
request, in accordance with part 512, to
the Office of the Chief Counsel. Your
request must include a cover letter
setting forth the information specified in
our confidential business information
regulation (49 CFR 512.8) and a
certificate, pursuant to § 512.4(b) and
part 512, appendix A. In addition, you
should submit a copy, from which you
have deleted the claimed confidential
business information, to the Docket at
the address given above.
FOR FURTHER INFORMATION CONTACT: For
legal issues: Sara R. Bennett, Office of
the Chief Counsel, Telephone: (202)
366–2992; Fax: (202) 366–3820. For
technical issues: Andrew Magaletti,
Rulemaking Office of Automation Safety
at Andrew.Magaletti@dot.gov,
Telephone: (202) 366–2190; Fax: (202)
366–7002. Mailing address: National
Highway Traffic Safety Administration,
1200 New Jersey Avenue SE,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Introduction
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II. Authority and Procedures for Temporary
Exemption
III. HOLON’s Petition
A. Overview of the HOLON Bus
B. Description of HOLON Petition
C. HOLON’s Public Interest Argument
IV. Agency’s Review of HOLON’s Petition
V. Public Interest Considerations
VI. Statement on Terms
VII. Public Participation
I. Introduction
NHTSA is responsible for
promulgating and enforcing Federal
motor vehicle safety standards (FMVSS)
designed to improve motor vehicle
safety. Generally, a manufacturer may
not manufacture for sale, sell, offer for
sale, or introduce or deliver for
introduction into interstate commerce a
vehicle that does not comply with all
applicable FMVSS.1 There are limited
exceptions to this general prohibition.2
One path permits manufacturers to
petition NHTSA for an exemption for
noncompliant vehicles under a
specified set of statutory bases.3 The
details of these bases, and on which
basis HOLON, described as an
international company headquartered in
Germany, and HOLON U.S. Inc., the
U.S.-based subsidiary (hereinafter
referred to collectively as ‘‘HOLON’’),
petitions, is provided in the sections of
this notice that follow.
On August 28, 2024, HOLON
submitted a petition for exemption for
its HOLON bus vehicle (HOLON Bus),
which HOLON states is an SAE Level 4
Automated Driving System-Dedicated
Vehicle (ADS–DV).4 Specifically,
HOLON petitioned NHTSA for a
temporary exemption from portions of
seven FMVSS. HOLON requests a twoyear exemption for not more than 2,500
exempted vehicles for each 12-month
period covered by the exemption.
HOLON does not specify how many
vehicles it intends to produce under the
exemption. Without this information,
NHTSA may assume that HOLON
intends to utilize the exemption for up
to 2,500 vehicles. NHTSA requests
comment on this assumption. The
temporary exemption, if granted, will
allow HOLON to manufacture for sale,
sell, and deploy into interstate
commerce vehicles that lack certain
safety features required by the FMVSS.
II. Authority and Procedures for
Temporary Exemption
The National Traffic and Motor
Vehicle Safety Act (Safety Act), codified
1 49
U.S.C. 30112(a)(1).
U.S.C. 30112(b); 49 U.S.C. 30113; 49 U.S.C.
30114.
3 49 U.S.C. 30113.
4 Page 4 of the Petition
2 49
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at 49 U.S.C. chapter 301, authorizes the
Secretary of Transportation to exempt
motor vehicles, on a temporary basis
and under specified circumstances, and
on terms the Secretary considers
appropriate, from a FMVSS 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.5
The Safety Act authorizes the
Secretary to grant, in whole or in part,
a temporary exemption to a vehicle
manufacturer if the Secretary makes one
of four specified findings.6 The
Secretary must also look
comprehensively at the request for
exemption and find that the exemption
is consistent with the public interest
and with the objectives of the Safety
Act.7
The Secretary must evaluate the
petition for exemption under at least
one of the following bases:
(i) Compliance would cause
substantial economic hardship, and the
manufacturer tried to comply in good
faith;
(ii) the exemption would make easier
the development or field evaluation of
a new motor vehicle safety feature, and
the safety level is equal to the safety
level of the standard;
(iii) the exemption would make the
development or field evaluation of a
low-emission motor vehicle easier, and
the safety level of the vehicle is not
unreasonably lowered; or
(iv) compliance would prevent the
manufacturer from selling a motor
vehicle with an overall safety level at
least equal to the overall safety level of
nonexempt vehicles.8
HOLON seeks temporary exemption
under the basis that compliance with
the seven FMVSS would prevent it from
selling a motor vehicle with an overall
safety level at least equal to the overall
safety level of nonexempt (i.e.,
compliant) vehicles.9
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 in 49 CFR 555.5 state that
the petitioner must set forth the basis of
the petition and the information
required under 49 CFR 555.6, and the
reasons why the exemption would be in
the public interest and consistent with
the objectives of the Safety Act. A
petition submitted on the basis that the
5 49
CFR 1.95.
U.S.C. 30113(b)(3).
7 49 U.S.C. 30113(b)(3)(A).
8 49 U.S.C. 30113(b)(3)(B).
9 49 U.S.C. 30113(b)(3)(B)(iv).
6 49
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applicant is otherwise unable to sell (or
in this instance, manufacture) a vehicle
whose overall level of safety or impact
protection is at least equal to that of a
nonexempt vehicle must include the
information specified in 49 CFR
555.6(d).
III. HOLON’s Petition
The following discussion provides:
An overview of the HOLON Bus based
on information submitted in HOLON’s
petition; a brief summary of HOLON’s
safety showing and arguments for
exemption from portions of certain
FMVSS; and a summary of the
petitioner’s arguments that granting its
petition for exemption would be in the
public interest. Additionally, HOLON
implies, though does not state
explicitly, that it does not intend to
comply with the seven standards at the
end of the exemption period.10
Specifically, HOLON states that it
intends to work with industry
stakeholders on rulemaking efforts
during the exemption period. HOLON
also states that if new rulemaking is not
completed by NHTSA by the end of the
requested period, HOLON will apply for
an exemption renewal. Because HOLON
has sought confidential treatment of
some aspects of its petition, a redacted
version of HOLON’s petition is included
in the docket referenced at the
beginning of this notice. NHTSA notes
that the descriptions in this section are
extracted from HOLON’s petition and
do not necessarily reflect the views of
NHTSA.
A. Overview of the HOLON Bus
HOLON describes the HOLON Bus as
a purpose-built, highly automated, lowemission vehicle designed specifically
for operation by an Automated Driving
System rather than a human driver. It is
not equipped with manually operated
driving controls or features (e.g.,
steering wheel, pedals, manual turn
signals, mirrors) that a human might
need if manually driving the vehicle. It
also is designed with ‘‘campfire’’
seating, meaning a front row of seats
that faces backwards, a back row of seats
that faces forwards, and a side row of
seats that faces towards the doors on the
right of the vehicle. It is classified as a
bus with a total capacity of 15
passengers (9 seated, 6 standing) and a
gross vehicle weight rating of 4,800
kilograms (10,582 lbs.). The HOLON
Bus’s SAE Level 4 ADS was
collaboratively developed by HOLON
and Mobileye. HOLON states that while
the vehicle is designed to be operated by
the ADS under normal operating
10 See
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conditions, it is equipped with limited
manual controls should the need for
human intervention arise. This limited
manual mode is reserved for emergency
purposes and is speed limited to
approximately 6 kilometers per hour
(3.7 miles per hour). HOLON’s petition
provides some basic information about
the ADS and its sensors. For specific
FMVSS, HOLON goes into greater detail
about how it believes the ADS and the
accompanying sensor suite fulfill those
FMVSS requirements with which it
does not comply and is seeking
exemption.
At the time of the submission of
HOLON’s petition, the HOLON Bus had
not yet started regular serial production.
It its petition, HOLON provides
multiple digital renderings of the
interior and exterior of the vehicle.
B. Description of HOLON Petition
HOLON has petitioned NHTSA for a
temporary exemption from certain
requirements in seven FMVSS for its
ADS-equipped vehicle, the HOLON Bus.
Specifically, HOLON seeks exemption
from portions of:
• FMVSS No. 101, ‘‘Controls and
displays’’
• FMVSS No. 102, ‘‘Transmission shift
position sequence, starter interlock,
and transmission braking effect’’
• FMVSS No. 104, ‘‘Windshield wiping
and washing systems’’
• FMVSS No. 105, ‘‘Hydraulic and
electric brake systems’’
• FMVSS No. 108, ‘‘Lamps, reflective
devices, and associated equipment’’
• FMVSS No. 111, ‘‘Rear visibility,’’
and
• FMVSS No. 208, ‘‘Occupant crash
protection’’
In its petition for exemption, HOLON
asserts that the requirements from
which it seeks exemption generally
assume the presence of a human driver
to maintain visibility or to activate a
manual control. Other requirements
requiring exemption are related to the
HOLON Bus’s unconventional campfire
seating configuration. HOLON states
that the HOLON Bus and its ADS can
meet all applicable elements of the
FMVSS for which HOLON seeks
exemption and that the overall safety in
operating the bus will be maintained. A
short description of the rationale
HOLON provides for how its vehicle
establishes an equivalent level of safety
for each exemption sought and why it
should receive an exemption follows.
HOLON’s petition includes additional
detail and support for its arguments
related to each FMVSS.
HOLON petitions for exemption from
portions of six of NHTSA’s crash
avoidance FMVSS:
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• FMVSS No. 101 establishes
requirements for vehicle controls,
telltales, and indicators. HOLON argues
that the ADS is capable of receiving
information through the Controller Area
Network (CAN) bus, without visual
indication, and can initiate controls
without a physical means to do so.
When operating the vehicle in limited
manual mode, HOLON explains that the
certified operator will be provided with
the same level of information as they
would gain through a visual telltale or
indicator via the command center.
• If the transmission shift position
sequence includes a park position,
FMVSS No. 102 requires the
identification of gear selection shift
positions to be displayed in view of the
driver, including the positions in
relation to each other and the position
selected, when certain conditions exist.
HOLON states that the HOLON Bus’s
ADS can meet all shifting requirements
of FMVSS No. 102. Additionally,
HOLON states that in limited manual
mode, HOLON provides a gear shift
device to allow for the human operator
to shift gears in a manner consistent
with the safety objectives of the
standard.
• For HOLON’s petition for
exemption from portions of FMVSS No.
104 (Windshield Wiping and Washing
Systems), HOLON suggests that the
purpose and intent of the safety
standard is obviated by the vehicle’s
sensor system design. HOLON states
that the HOLON Bus’s ADS has a 360degree view of roadway surroundings
with a sensor cleaning system
functionally equivalent to a windshield
wiping system.
• Requirements in FMVSS No. 105
refer to foot- and hand-operated parking
brake systems as well as brake system
indicator lamps visible to the driver.
HOLON states that the HOLON Bus’s
ADS activates the parking brake through
electrical means and can function
properly without a visual indicator or
physical activation. When operating the
vehicle in limited manual mode,
HOLON explains that the certified
operator can activate the parking brake
and will be provided with information
about the vehicle’s braking system
status through the command center.
• Portions of FMVSS No. 108 contain
requirements related to manual controls
for use by humans in switching various
signals and lights. HOLON argues that
an ADS does not need manual devices
for signals and lights to function
properly, and the HOLON Bus’s ADS is
capable of activation and control of all
lighting and signals through other
means.
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• FMVSS No. 111 contains
requirements for outside mirrors on
buses. HOLON states that the HOLON
Bus’s ADS has a 360-degree view of
surroundings and therefore provides
clear and reasonably unobstructed view
to the rear. When operated in limited
manual mode, the certified operator is
provided with a camera view that
provides an equivalent field of view to
that of outside mirrors.
Finally, HOLON petitions for
exemption from one portion of one of
NHTSA’s crashworthiness FMVSS:
FMVSS No. 208, ‘‘Occupant Crash
Protection.’’ S4.4.4.1 of FMVSS No. 208
contains two options for meeting
occupant crash protection requirements
for buses with a gross vehicle weight
rating of more than 4,526 kg (10,000 lb.)
but not greater than 11,793 kg (26,000
lb.). One option requires a complete
passenger protection system in the
driver’s seating position only. The other
option provides seat belt requirements
at the driver’s designated seating
position and all designated seating
positions in the front row of seats in a
bus. HOLON argues that the HOLON
Bus cannot meet requirements related to
a driver’s designated seating position
because it does not have a driver’s
designated seating position and
proposes to interpret the forward-facing
seats in its campfire seating
configuration as the conventional front
row of seats referenced in in the second
option in the standard.
NHTSA requests comment on the
strength and persuasiveness of these
arguments and the support for each
provided by HOLON.
C. HOLON’s Public Interest Argument
HOLON argues that granting its
petition for exemption for the HOLON
Bus furthers the Safety Act’s objectives
and advances other public interests,
including:
1. Saving lives and protecting
vulnerable road users
2. Creating jobs and developing the
public transit workforce
3. Reducing greenhouse gas emissions
4. Reducing traffic congestion
5. Accelerating equitable economic
development
6. Promoting inclusivity, accessibility,
and freedom of mobility
7. Supporting flexible and more
equitable mobility planning
NHTSA requests comment on the
strength and persuasiveness of these
arguments and the support for each
provided by HOLON.
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IV. Agency’s Review of HOLON’s
Petition
NHTSA has not yet made any
judgment on the merits of HOLON’s
petition, the adequacy of the
information submitted, or the safety of
the HOLON Bus. NHTSA will assess the
merits of the petition and consider
public comments on the petition, as
well as any additional information that
the agency receives from HOLON.
NHTSA is placing a non-confidential
copy of the petition in the docket in
accordance with statutory and
administrative provisions.
V. Public Interest Considerations
NHTSA is seeking comment on the
agency’s consideration of specific
matters of public interest in both
deciding whether granting the
exemption is consistent with the public
interest and in developing terms and
conditions with which the petitioner
must comply if its petition is granted.
Section 30113 authorizes NHTSA to
grant exemptions that are consistent
with the public interest and the Safety
Act and authorizes NHTSA to apply
appropriate terms to any such grant.
Whether granting the exemption is
consistent with the public interest and
the objectives of the Safety Act are
required findings that are no less critical
than a discussion of the particular
statutory basis on which the exemption
is sought (e.g., whether the subject
vehicle provides an equivalent level of
safety to a nonexempt vehicle).
Although NHTSA’s mission is primarily
a safety mission, NHTSA’s authority
under section 30113 requires the agency
to extend its consideration to issues
beyond traffic safety.11
As the Federal regulatory agency
governing automotive safety in the U.S.
and the interpretation of its existing
standards, NHTSA has significant
discretion in making the safety findings
required under these provisions.
Further, the broad authority to
determine whether the public interest
and general goals of the Safety Act will
be served by granting the exemption
allows the agency to consider many
diverse effects of the temporary
exemption.
11 NHTSA stated, in the notice granting Nuro the
first exemption for an ADS-equipped vehicle, that
the broad authority to determine whether the public
interest and general goals of the Vehicle Safety Act
will be served by granting the exemption allows the
Secretary to consider many diverse effects of the
exemption, including: The overall safety of the
transportation system beyond the analysis required
in the safety determination; how an exemption will
further technological innovation; economic
impacts, such as consumer benefits; and
environmental effects. 85 FR 7826, 7828 (Feb. 11,
2020).
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ADS-equipped vehicles have the
potential to benefit our transportation
system significantly beyond the analysis
required in the safety determination. As
NHTSA considers the potentially
transformative impact of ADS
technology, it is also considering its role
in encouraging the use of ADS-equipped
vehicles in ways that maximize their
benefit to society. NHTSA will also
continue to consider how exemptions
affect the development of advanced
vehicle technologies.
NHTSA seeks comments on whether
the agency should consider additional
matters of public interest in developing
terms and conditions with which a part
555 petitioner must comply if its
petition were granted. NHTSA is
seeking comment on whether other
areas of public interest should be
considered, and how the agency can
best promote the public interest through
the exercise of our discretion in granting
exemptions and establishing terms and
conditions to such exemptions.
ddrumheller on DSK120RN23PROD with NOTICES1
VI. Statement on Terms
Section 30113 authorizes the
Secretary, NHTSA by delegation, to
condition the grant of a temporary
exemption ‘‘on terms [NHTSA]
considers appropriate.’’ 12 The agency’s
authority to set terms is broad. It is not
limited solely to terms and conditions
relevant to its specific determination.
Instead, this provision allows the
agency to set terms that would allow
NHTSA to collect information about the
exempted vehicles that would service
the public interest, such as information
concerning the safety performance of
the ADS.13
If a manufacturer receives a temporary
exemption, NHTSA can issue terms that
can limit or change the permitted use of
those vehicles produced pursuant to the
exemption. NHTSA may also effectively
limit the use of the exempted vehicles
as it exercises its enforcement authority
(e.g., its safety defect authority). The
agency would carefully consider
whether and what terms to establish if
it were to grant a temporary exemption.
The manufacturer would need to agree
to abide by the terms set for that
exemption before it may begin and
continue producing vehicles pursuant to
that temporary exemption.
Due to the novel nature of ADS
technology and NHTSA’s interest in
better understanding the safety and
utility of ADS-equipped vehicles, if the
petition were granted in whole or in
12 49 U.S.C. 30113(b)(1) (delegation of authority at
49 CFR 1.95).
13 85 FR 7826, 7840 (Feb. 11, 2020).
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part, the agency anticipates applying
conditions to the grant.
NHTSA exercised its authority to
apply a variety of terms when it granted
Nuro’s petition for the first ADSequipped vehicle exempted under part
555.14 The terms NHTSA chose were
designed to enhance the public interest
and included post-crash reporting,
periodic reporting, terms concerning
cybersecurity, and certain general
requirements.
If HOLON’s petition is granted,
HOLON will need to agree to abide by
the terms set for that temporary
exemption before it may begin and
continue producing vehicles pursuant to
that temporary exemption. Nothing in
either the statute or implementing
regulations limits the application of
these terms to the period during which
the exempted vehicles are produced.
NHTSA could set terms that continue to
apply to the vehicles throughout their
normal service life if it determines that
doing so is necessary to be consistent
with the Safety Act.
Thus, if NHTSA grants a temporary
exemption, it could establish, for
example, reporting terms to ensure a
continuing flow of information to the
agency throughout the normal service
life of the exempted vehicles, not just
during the two-year period of
exemption. Since only a portion of the
total mileage that the vehicles, if
exempted, could be expected to travel
during their normal service life would
have been driven by the end of the
exemption period, the data would need
to be reported over a longer period of
time to enable the agency to make
sufficiently reliable judgments. Such
judgments might include those made in
a retrospective review of the agency’s
determination about the anticipated
safety effects of the exemption. For
example, when NHTSA granted Nuro’s
exemption, NHTSA stated that the terms
would apply throughout the useful life
of the vehicles. Beyond the two-year
exemption period, HOLON, like Nuro,
could be subject to civil penalties for
failure to comply with the terms
established as a condition for granting
the part 555 temporary exemption.
Other potential terms could include
limitations on vehicle operations (based
upon location, speed, weather,
identified Operational Design Domains,
road types, ownership, and
management, etc.). Conceivably, some
conditions could be graduated, i.e.,
restrictions could be progressively
relaxed after a period of demonstrated
driving performance. Further, as with
data-sharing, it may be necessary to
14 Id.
PO 00000
Frm 00164
specify that these terms would apply to
the exempted vehicles beyond the twoyear exemption period.
NHTSA notes that its regulations at 49
CFR part 555 provide that the agency
can revoke a part 555 exemption if a
manufacturer fails to satisfy the terms of
the exemption. NHTSA could also seek
injunctive relief.15
NHTSA seeks comment on whether
the agency should apply the same types
of conditions that it applied to Nuro’s
exemption for ADS-equipped low-speed
occupantless vehicles. NHTSA seeks
comment not only on whether these
conditions are appropriate to apply to
HOLON’s exemption, if granted, but
also whether there are additional terms
that NHTSA should apply. HOLON’s
exemption request differs significantly
from Nuro’s in that the request is for a
passenger vehicle, and it is not limited
to 25 mph, as was the case of the Nuro
vehicle. As such, there are likely
additional terms that would be
appropriate to apply to HOLON’s
exemption, if granted.
VII. Public Participation
A. Request for Comment and Comment
Period
The agency seeks comment from the
public on the merits of HOLON’s
petition for a temporary exemption.
NHTSA is also seeking comment on the
potential types of terms the agency
should set if the agency decides to grant
the petition.
NHTSA is providing a 60-day
comment period. After considering
public comments and other available
information, NHTSA will publish a
notice of final action on the petition in
the Federal Register.
B. Instructions for Submitting
Comments
How long do I have to submit
comments?
Please see DATES section at the
beginning of this document.
How do I prepare and submit
comments?
• Your comments must be written in
English.
• To ensure that your comments are
correctly filed in the Docket, please
include the Docket Number shown at
the beginning of this document in your
comments.
• If you are submitting comments
electronically as a PDF (Adobe) File,
NHTSA asks that the documents be
submitted using the Optical Character
Recognition (OCR) process, thus
15 49
Fmt 4703
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U.S.C. 30163(a).
08NON1
Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices
allowing NHTSA to search and copy
certain portions of your submissions.
Comments may be submitted to the
docket electronically by logging onto the
Docket Management System website at
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• You may also submit two copies of
your comments, including the
attachments, to Docket Management at
the address given above under
ADDRESSES.
Please note that pursuant to the Data
Quality Act, in order for substantive
data to be relied upon and used by the
agency, it must meet the information
quality standards set forth in the OMB
and DOT Data Quality Act guidelines.
Accordingly, we encourage you to
consult the guidelines in preparing your
comments. OMB’s guidelines may be
accessed at https://www.whitehouse.gov/
omb/fedreg/reproducible.html. DOT’s
guidelines may be accessed at https://
www.bts.gov/programs/statistical_
policy_and_research/data_quality_
guidelines.
Will the Agency consider late
comments?
We will consider all comments that
Docket Management receives before the
close of business on the comment
closing date indicated above under
DATES. To the extent possible, we will
also consider comments that Docket
Management receives after that date.
How can I read the comments submitted
by other people?
ddrumheller on DSK120RN23PROD with NOTICES1
You may see the comments on the
internet. To read the comments on the
internet, go to https://
www.regulations.gov. Follow the online
instructions for accessing the dockets.
Please note that, even after the
comment closing date, we will continue
to file relevant information in the
Docket as it becomes available. Further,
some people may submit late comments.
Accordingly, we recommend that you
periodically check the Docket for new
material.
(Authority: 49 U.S.C. 30113 and 49 U.S.C.
30166; delegations of authority at 49 CFR
1.95 and 501.5.)
Issued in Washington, DC, under authority
delegated in 49 CFR 1.95 and 501.5.
Sophie Shulman,
Deputy Administrator.
[FR Doc. 2024–25990 Filed 11–7–24; 8:45 am]
BILLING CODE 4910–59–P
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DEPARTMENT OF TRANSPORTATION
Transportation Statistics Bureau
[Docket ID Number: DOT–OST–2014–0031]
Notice of Submission of Proposed
Information Collection to OMB; Agency
Request for Renewal of a Previously
Approved Collection: Airline Service
Quality Performance—Part 234
Office of the Assistant
Secretary for Research and Technology
(OST–R), Bureau of Transportation
Statistics (BTS), Department of
Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, this
notice announces DOT’s intention to
renew Office of Management and
Budget (OMB) Control Number 2138–
0041 covering Airline Service Quality
Performance On-time Performance and
Mishandled Baggage reports that the
largest U.S. air carriers file with DOT.
DATES: Comments on this notice must be
received by January 7, 2025. Interested
persons are invited to submit comments
regarding this proposal.
ADDRESSES: To ensure that you don’t
duplicate your docket submissions,
please submit them by only one of the
following means:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments. (You may access comments
received for this notice at https://
www.regulations.gov by searching
docket DOT–OST–2014–0031.)
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE, West Building
Ground Floor Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Ave. SE, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of DOT’s 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).
FOR FURTHER INFORMATION CONTACT:
Cecelia Robinson, Office of Airline
Information, RTS–42, OST–R, BTS,
SUMMARY:
PO 00000
Frm 00165
Fmt 4703
Sfmt 4703
88861
1200 New Jersey Avenue SE,
Washington, DC 20590–0001, telephone
number (202) 893–0515 (voice), fax
number (202) 366–3383 or email
cecelia.robinson@dot.gov.
SUPPLEMENTARY INFORMATION: DOT
collects information regarding flight
performance and mishandled baggage,
wheelchairs, and scooters from the
largest U.S. air carriers under 14 CFR
part 234. The air carriers required to
provide this information to DOT consist
of the U.S. air carriers that accounted for
at least half of one percent of domestic
scheduled-passenger revenues
(Reporting Carriers) as most recently
determined by the DOT’s Office of
Airline Information. An air carrier that
is not a Reporting Carrier may
voluntarily submit the flight
performance and mishandled baggage,
wheelchairs, and scooters information
to the Department pursuant to 14 CFR
234.7.
Specifically, Reporting Carriers must
submit Part 234 On-time Performance
reports to DOT with information on
domestic flight operations and
performance as described in 14 CFR
234.4.1 In addition, under 14 CFR 234.6,
Reporting Carriers must submit Part 234
Mishandled Baggage reports to DOT that
include the following information for
covered domestic flights: (1) the number
of bags mishandled in its custody, (2)
the number of bags enplaned into the
aircraft cargo compartment, (3) the
number of mishandled wheelchairs and
scooters mishandled in its custody, and
(4) the number of wheelchairs and
scooters enplaned into the aircraft cargo
compartment.2 Each Reporting Carrier is
required to report the flight performance
and mishandled baggage, wheelchair,
and scooter information to DOT on a
monthly basis for the covered flights it
operates and for any covered flights
held out under the Reporting Carrier’s
code (as the only U.S. carrier code) and
operated by a codeshare partner of the
Reporting Carrier.
DOT uses the information reported by
airlines to provide airline performance
information and statistics on the BTS
1 The format and instructions for reporting this
information are in Technical Reporting Directive
#27—On-Time Performance, effective January 1,
2018, available at: https://cms7.bts.dot.gov/sites/
bts.dot.gov/files/docs/explore-topics-andgeography/topics/airlines-and-airports/207741/
technical-directive-no-27-time-2018.pdf.
2 The format and instructions for reporting
mishandled baggage and wheelchair and scooter
information to DOT are in Technical Reporting
Directive #30A—Mishandled Baggage and
Wheelchairs and Scooters (Amended), effective
January 1, 2019, available at: https://
www.bts.dot.gov/sites/bts.dot.gov/files/docs/
explore-topics-and-geography/topics/airlines-andairports/224606/technicaldirective30
abaggage2019amended.pdf.
E:\FR\FM\08NON1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88856-88861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25990]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2024-0067]
HOLON U.S. Inc.--Receipt of Petition for Temporary Exemption From
Various Requirements of the Federal Motor Vehicle Safety Standards for
an Automated Driving System-Equipped Vehicle
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of receipt of petition for temporary exemption; request
for public comment.
-----------------------------------------------------------------------
SUMMARY: HOLON and HOLON U.S. Inc have petitioned NHTSA for a temporary
exemption from certain requirements in seven Federal motor vehicle
safety standards (FMVSS) for its ``automated electric bus,'' which is a
vehicle equipped with an Automated Driving System (ADS). Specifically,
HOLON seeks exemption from portions of FMVSS No. 101, Controls and
displays; FMVSS No. 102, Transmission shift position sequence, starter
interlock, and transmission braking effect; FMVSS No. 104, Windshield
wiping and washing systems; FMVSS No. 105, Windshield wiping and
washing systems; FMVSS No. 108, Lamps, reflective devices, and
associated equipment; FMVSS No. 111, Rear visibility; and FMVSS No.
208, Occupant crash protection. NHTSA is
[[Page 88857]]
publishing this document in accordance with statutory and
administrative provisions and seeks comment on the merits of HOLON's
exemption petition and on potential terms and conditions that should be
applied to a temporary exemption if granted. After receiving and
considering public comments, NHTSA will assess the merits of the
petition and will publish a notice in the Federal Register notice
setting forth NHTSA's reasoning for either granting or denying the
petition.
DATES: Comments must be received on or before January 7, 2025.
ADDRESSES: NHTSA invites you to submit comments on the petition
described herein and the questions posed below. You may submit comments
identified by docket number in the heading of this notice by any of the
following methods:
Fax: (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.
NHTSA will consider all comments received before the close of business
on the comment closing date indicated above. To the extent possible,
NHTSA 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: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, to www.regulations.gov, as
described in the system of records notice, DOT/ALL-14 FDMS, accessible
through www.dot.gov/privacy. In order to facilitate comment tracking
and response, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you must submit your
request directly to NHTSA's Office of the Chief Counsel. Requests for
confidentiality are governed by part 512. NHTSA is currently treating
electronic submission as an acceptable method for submitting
confidential business information to the agency under part 512. If you
would like to submit a request for confidential treatment, you may
email your submission to Dan Rabinovitz in the Office of the Chief
Counsel at [email protected] or you may contact Dan for a
secure file transfer link. At this time, you should not send a
duplicate hardcopy of your electronic CBI submissions to DOT
headquarters. If you claim that any of the information or documents
provided to the agency constitute confidential business information
within the meaning of 5 U.S.C. 552(b)(4), or are protected from
disclosure pursuant to 18 U.S.C. 1905, you must submit supporting
information together with the materials that are the subject of the
confidentiality request, in accordance with part 512, to the Office of
the Chief Counsel. Your request must include a cover letter setting
forth the information specified in our confidential business
information regulation (49 CFR 512.8) and a certificate, pursuant to
Sec. 512.4(b) and part 512, appendix A. In addition, you should submit
a copy, from which you have deleted the claimed confidential business
information, to the Docket at the address given above.
FOR FURTHER INFORMATION CONTACT: For legal issues: Sara R. Bennett,
Office of the Chief Counsel, Telephone: (202) 366-2992; Fax: (202) 366-
3820. For technical issues: Andrew Magaletti, Rulemaking Office of
Automation Safety at [email protected], Telephone: (202) 366-
2190; Fax: (202) 366-7002. Mailing address: National Highway Traffic
Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Authority and Procedures for Temporary Exemption
III. HOLON's Petition
A. Overview of the HOLON Bus
B. Description of HOLON Petition
C. HOLON's Public Interest Argument
IV. Agency's Review of HOLON's Petition
V. Public Interest Considerations
VI. Statement on Terms
VII. Public Participation
I. Introduction
NHTSA is responsible for promulgating and enforcing Federal motor
vehicle safety standards (FMVSS) designed to improve motor vehicle
safety. Generally, a manufacturer may not manufacture for sale, sell,
offer for sale, or introduce or deliver for introduction into
interstate commerce a vehicle that does not comply with all applicable
FMVSS.\1\ There are limited exceptions to this general prohibition.\2\
One path permits manufacturers to petition NHTSA for an exemption for
noncompliant vehicles under a specified set of statutory bases.\3\ The
details of these bases, and on which basis HOLON, described as an
international company headquartered in Germany, and HOLON U.S. Inc.,
the U.S.-based subsidiary (hereinafter referred to collectively as
``HOLON''), petitions, is provided in the sections of this notice that
follow.
---------------------------------------------------------------------------
\1\ 49 U.S.C. 30112(a)(1).
\2\ 49 U.S.C. 30112(b); 49 U.S.C. 30113; 49 U.S.C. 30114.
\3\ 49 U.S.C. 30113.
---------------------------------------------------------------------------
On August 28, 2024, HOLON submitted a petition for exemption for
its HOLON bus vehicle (HOLON Bus), which HOLON states is an SAE Level 4
Automated Driving System-Dedicated Vehicle (ADS-DV).\4\ Specifically,
HOLON petitioned NHTSA for a temporary exemption from portions of seven
FMVSS. HOLON requests a two-year exemption for not more than 2,500
exempted vehicles for each 12-month period covered by the exemption.
HOLON does not specify how many vehicles it intends to produce under
the exemption. Without this information, NHTSA may assume that HOLON
intends to utilize the exemption for up to 2,500 vehicles. NHTSA
requests comment on this assumption. The temporary exemption, if
granted, will allow HOLON to manufacture for sale, sell, and deploy
into interstate commerce vehicles that lack certain safety features
required by the FMVSS.
---------------------------------------------------------------------------
\4\ Page 4 of the Petition
---------------------------------------------------------------------------
II. Authority and Procedures for Temporary Exemption
The National Traffic and Motor Vehicle Safety Act (Safety Act),
codified
[[Page 88858]]
at 49 U.S.C. chapter 301, authorizes the Secretary of Transportation to
exempt motor vehicles, on a temporary basis and under specified
circumstances, and on terms the Secretary considers appropriate, from a
FMVSS 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.\5\
---------------------------------------------------------------------------
\5\ 49 CFR 1.95.
---------------------------------------------------------------------------
The Safety Act authorizes the Secretary to grant, in whole or in
part, a temporary exemption to a vehicle manufacturer if the Secretary
makes one of four specified findings.\6\ The Secretary must also look
comprehensively at the request for exemption and find that the
exemption is consistent with the public interest and with the
objectives of the Safety Act.\7\
---------------------------------------------------------------------------
\6\ 49 U.S.C. 30113(b)(3).
\7\ 49 U.S.C. 30113(b)(3)(A).
---------------------------------------------------------------------------
The Secretary must evaluate the petition for exemption under at
least one of the following bases:
(i) Compliance would cause substantial economic hardship, and the
manufacturer tried to comply in good faith;
(ii) the exemption would make easier the development or field
evaluation of a new motor vehicle safety feature, and the safety level
is equal to the safety level of the standard;
(iii) the exemption would make the development or field evaluation
of a low-emission motor vehicle easier, and the safety level of the
vehicle is not unreasonably lowered; or
(iv) compliance would prevent the manufacturer from selling a motor
vehicle with an overall safety level at least equal to the overall
safety level of nonexempt vehicles.\8\
---------------------------------------------------------------------------
\8\ 49 U.S.C. 30113(b)(3)(B).
---------------------------------------------------------------------------
HOLON seeks temporary exemption under the basis that compliance
with the seven FMVSS would prevent it from selling a motor vehicle with
an overall safety level at least equal to the overall safety level of
nonexempt (i.e., compliant) vehicles.\9\
---------------------------------------------------------------------------
\9\ 49 U.S.C. 30113(b)(3)(B)(iv).
---------------------------------------------------------------------------
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 in 49 CFR
555.5 state that the petitioner must set forth the basis of the
petition and the information required under 49 CFR 555.6, and the
reasons why the exemption would be in the public interest and
consistent with the objectives of the Safety Act. A petition submitted
on the basis that the applicant is otherwise unable to sell (or in this
instance, manufacture) a vehicle whose overall level of safety or
impact protection is at least equal to that of a nonexempt vehicle must
include the information specified in 49 CFR 555.6(d).
III. HOLON's Petition
The following discussion provides: An overview of the HOLON Bus
based on information submitted in HOLON's petition; a brief summary of
HOLON's safety showing and arguments for exemption from portions of
certain FMVSS; and a summary of the petitioner's arguments that
granting its petition for exemption would be in the public interest.
Additionally, HOLON implies, though does not state explicitly, that it
does not intend to comply with the seven standards at the end of the
exemption period.\10\ Specifically, HOLON states that it intends to
work with industry stakeholders on rulemaking efforts during the
exemption period. HOLON also states that if new rulemaking is not
completed by NHTSA by the end of the requested period, HOLON will apply
for an exemption renewal. Because HOLON has sought confidential
treatment of some aspects of its petition, a redacted version of
HOLON's petition is included in the docket referenced at the beginning
of this notice. NHTSA notes that the descriptions in this section are
extracted from HOLON's petition and do not necessarily reflect the
views of NHTSA.
---------------------------------------------------------------------------
\10\ See 49 CFR 555.6(d)(3).
---------------------------------------------------------------------------
A. Overview of the HOLON Bus
HOLON describes the HOLON Bus as a purpose-built, highly automated,
low-emission vehicle designed specifically for operation by an
Automated Driving System rather than a human driver. It is not equipped
with manually operated driving controls or features (e.g., steering
wheel, pedals, manual turn signals, mirrors) that a human might need if
manually driving the vehicle. It also is designed with ``campfire''
seating, meaning a front row of seats that faces backwards, a back row
of seats that faces forwards, and a side row of seats that faces
towards the doors on the right of the vehicle. It is classified as a
bus with a total capacity of 15 passengers (9 seated, 6 standing) and a
gross vehicle weight rating of 4,800 kilograms (10,582 lbs.). The HOLON
Bus's SAE Level 4 ADS was collaboratively developed by HOLON and
Mobileye. HOLON states that while the vehicle is designed to be
operated by the ADS under normal operating conditions, it is equipped
with limited manual controls should the need for human intervention
arise. This limited manual mode is reserved for emergency purposes and
is speed limited to approximately 6 kilometers per hour (3.7 miles per
hour). HOLON's petition provides some basic information about the ADS
and its sensors. For specific FMVSS, HOLON goes into greater detail
about how it believes the ADS and the accompanying sensor suite fulfill
those FMVSS requirements with which it does not comply and is seeking
exemption.
At the time of the submission of HOLON's petition, the HOLON Bus
had not yet started regular serial production. It its petition, HOLON
provides multiple digital renderings of the interior and exterior of
the vehicle.
B. Description of HOLON Petition
HOLON has petitioned NHTSA for a temporary exemption from certain
requirements in seven FMVSS for its ADS-equipped vehicle, the HOLON
Bus. Specifically, HOLON seeks exemption from portions of:
FMVSS No. 101, ``Controls and displays''
FMVSS No. 102, ``Transmission shift position sequence, starter
interlock, and transmission braking effect''
FMVSS No. 104, ``Windshield wiping and washing systems''
FMVSS No. 105, ``Hydraulic and electric brake systems''
FMVSS No. 108, ``Lamps, reflective devices, and associated
equipment''
FMVSS No. 111, ``Rear visibility,'' and
FMVSS No. 208, ``Occupant crash protection''
In its petition for exemption, HOLON asserts that the requirements
from which it seeks exemption generally assume the presence of a human
driver to maintain visibility or to activate a manual control. Other
requirements requiring exemption are related to the HOLON Bus's
unconventional campfire seating configuration. HOLON states that the
HOLON Bus and its ADS can meet all applicable elements of the FMVSS for
which HOLON seeks exemption and that the overall safety in operating
the bus will be maintained. A short description of the rationale HOLON
provides for how its vehicle establishes an equivalent level of safety
for each exemption sought and why it should receive an exemption
follows. HOLON's petition includes additional detail and support for
its arguments related to each FMVSS.
HOLON petitions for exemption from portions of six of NHTSA's crash
avoidance FMVSS:
[[Page 88859]]
FMVSS No. 101 establishes requirements for vehicle
controls, telltales, and indicators. HOLON argues that the ADS is
capable of receiving information through the Controller Area Network
(CAN) bus, without visual indication, and can initiate controls without
a physical means to do so. When operating the vehicle in limited manual
mode, HOLON explains that the certified operator will be provided with
the same level of information as they would gain through a visual
telltale or indicator via the command center.
If the transmission shift position sequence includes a
park position, FMVSS No. 102 requires the identification of gear
selection shift positions to be displayed in view of the driver,
including the positions in relation to each other and the position
selected, when certain conditions exist. HOLON states that the HOLON
Bus's ADS can meet all shifting requirements of FMVSS No. 102.
Additionally, HOLON states that in limited manual mode, HOLON provides
a gear shift device to allow for the human operator to shift gears in a
manner consistent with the safety objectives of the standard.
For HOLON's petition for exemption from portions of FMVSS
No. 104 (Windshield Wiping and Washing Systems), HOLON suggests that
the purpose and intent of the safety standard is obviated by the
vehicle's sensor system design. HOLON states that the HOLON Bus's ADS
has a 360-degree view of roadway surroundings with a sensor cleaning
system functionally equivalent to a windshield wiping system.
Requirements in FMVSS No. 105 refer to foot- and hand-
operated parking brake systems as well as brake system indicator lamps
visible to the driver. HOLON states that the HOLON Bus's ADS activates
the parking brake through electrical means and can function properly
without a visual indicator or physical activation. When operating the
vehicle in limited manual mode, HOLON explains that the certified
operator can activate the parking brake and will be provided with
information about the vehicle's braking system status through the
command center.
Portions of FMVSS No. 108 contain requirements related to
manual controls for use by humans in switching various signals and
lights. HOLON argues that an ADS does not need manual devices for
signals and lights to function properly, and the HOLON Bus's ADS is
capable of activation and control of all lighting and signals through
other means.
FMVSS No. 111 contains requirements for outside mirrors on
buses. HOLON states that the HOLON Bus's ADS has a 360-degree view of
surroundings and therefore provides clear and reasonably unobstructed
view to the rear. When operated in limited manual mode, the certified
operator is provided with a camera view that provides an equivalent
field of view to that of outside mirrors.
Finally, HOLON petitions for exemption from one portion of one of
NHTSA's crashworthiness FMVSS: FMVSS No. 208, ``Occupant Crash
Protection.'' S4.4.4.1 of FMVSS No. 208 contains two options for
meeting occupant crash protection requirements for buses with a gross
vehicle weight rating of more than 4,526 kg (10,000 lb.) but not
greater than 11,793 kg (26,000 lb.). One option requires a complete
passenger protection system in the driver's seating position only. The
other option provides seat belt requirements at the driver's designated
seating position and all designated seating positions in the front row
of seats in a bus. HOLON argues that the HOLON Bus cannot meet
requirements related to a driver's designated seating position because
it does not have a driver's designated seating position and proposes to
interpret the forward-facing seats in its campfire seating
configuration as the conventional front row of seats referenced in in
the second option in the standard.
NHTSA requests comment on the strength and persuasiveness of these
arguments and the support for each provided by HOLON.
C. HOLON's Public Interest Argument
HOLON argues that granting its petition for exemption for the HOLON
Bus furthers the Safety Act's objectives and advances other public
interests, including:
1. Saving lives and protecting vulnerable road users
2. Creating jobs and developing the public transit workforce
3. Reducing greenhouse gas emissions
4. Reducing traffic congestion
5. Accelerating equitable economic development
6. Promoting inclusivity, accessibility, and freedom of mobility
7. Supporting flexible and more equitable mobility planning
NHTSA requests comment on the strength and persuasiveness of these
arguments and the support for each provided by HOLON.
IV. Agency's Review of HOLON's Petition
NHTSA has not yet made any judgment on the merits of HOLON's
petition, the adequacy of the information submitted, or the safety of
the HOLON Bus. NHTSA will assess the merits of the petition and
consider public comments on the petition, as well as any additional
information that the agency receives from HOLON. NHTSA is placing a
non-confidential copy of the petition in the docket in accordance with
statutory and administrative provisions.
V. Public Interest Considerations
NHTSA is seeking comment on the agency's consideration of specific
matters of public interest in both deciding whether granting the
exemption is consistent with the public interest and in developing
terms and conditions with which the petitioner must comply if its
petition is granted. Section 30113 authorizes NHTSA to grant exemptions
that are consistent with the public interest and the Safety Act and
authorizes NHTSA to apply appropriate terms to any such grant. Whether
granting the exemption is consistent with the public interest and the
objectives of the Safety Act are required findings that are no less
critical than a discussion of the particular statutory basis on which
the exemption is sought (e.g., whether the subject vehicle provides an
equivalent level of safety to a nonexempt vehicle). Although NHTSA's
mission is primarily a safety mission, NHTSA's authority under section
30113 requires the agency to extend its consideration to issues beyond
traffic safety.\11\
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\11\ NHTSA stated, in the notice granting Nuro the first
exemption for an ADS-equipped vehicle, that the broad authority to
determine whether the public interest and general goals of the
Vehicle Safety Act will be served by granting the exemption allows
the Secretary to consider many diverse effects of the exemption,
including: The overall safety of the transportation system beyond
the analysis required in the safety determination; how an exemption
will further technological innovation; economic impacts, such as
consumer benefits; and environmental effects. 85 FR 7826, 7828 (Feb.
11, 2020).
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As the Federal regulatory agency governing automotive safety in the
U.S. and the interpretation of its existing standards, NHTSA has
significant discretion in making the safety findings required under
these provisions. Further, the broad authority to determine whether the
public interest and general goals of the Safety Act will be served by
granting the exemption allows the agency to consider many diverse
effects of the temporary exemption.
[[Page 88860]]
ADS-equipped vehicles have the potential to benefit our
transportation system significantly beyond the analysis required in the
safety determination. As NHTSA considers the potentially transformative
impact of ADS technology, it is also considering its role in
encouraging the use of ADS-equipped vehicles in ways that maximize
their benefit to society. NHTSA will also continue to consider how
exemptions affect the development of advanced vehicle technologies.
NHTSA seeks comments on whether the agency should consider
additional matters of public interest in developing terms and
conditions with which a part 555 petitioner must comply if its petition
were granted. NHTSA is seeking comment on whether other areas of public
interest should be considered, and how the agency can best promote the
public interest through the exercise of our discretion in granting
exemptions and establishing terms and conditions to such exemptions.
VI. Statement on Terms
Section 30113 authorizes the Secretary, NHTSA by delegation, to
condition the grant of a temporary exemption ``on terms [NHTSA]
considers appropriate.'' \12\ The agency's authority to set terms is
broad. It is not limited solely to terms and conditions relevant to its
specific determination. Instead, this provision allows the agency to
set terms that would allow NHTSA to collect information about the
exempted vehicles that would service the public interest, such as
information concerning the safety performance of the ADS.\13\
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\12\ 49 U.S.C. 30113(b)(1) (delegation of authority at 49 CFR
1.95).
\13\ 85 FR 7826, 7840 (Feb. 11, 2020).
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If a manufacturer receives a temporary exemption, NHTSA can issue
terms that can limit or change the permitted use of those vehicles
produced pursuant to the exemption. NHTSA may also effectively limit
the use of the exempted vehicles as it exercises its enforcement
authority (e.g., its safety defect authority). The agency would
carefully consider whether and what terms to establish if it were to
grant a temporary exemption. The manufacturer would need to agree to
abide by the terms set for that exemption before it may begin and
continue producing vehicles pursuant to that temporary exemption.
Due to the novel nature of ADS technology and NHTSA's interest in
better understanding the safety and utility of ADS-equipped vehicles,
if the petition were granted in whole or in part, the agency
anticipates applying conditions to the grant.
NHTSA exercised its authority to apply a variety of terms when it
granted Nuro's petition for the first ADS-equipped vehicle exempted
under part 555.\14\ The terms NHTSA chose were designed to enhance the
public interest and included post-crash reporting, periodic reporting,
terms concerning cybersecurity, and certain general requirements.
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\14\ Id.
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If HOLON's petition is granted, HOLON will need to agree to abide
by the terms set for that temporary exemption before it may begin and
continue producing vehicles pursuant to that temporary exemption.
Nothing in either the statute or implementing regulations limits the
application of these terms to the period during which the exempted
vehicles are produced. NHTSA could set terms that continue to apply to
the vehicles throughout their normal service life if it determines that
doing so is necessary to be consistent with the Safety Act.
Thus, if NHTSA grants a temporary exemption, it could establish,
for example, reporting terms to ensure a continuing flow of information
to the agency throughout the normal service life of the exempted
vehicles, not just during the two-year period of exemption. Since only
a portion of the total mileage that the vehicles, if exempted, could be
expected to travel during their normal service life would have been
driven by the end of the exemption period, the data would need to be
reported over a longer period of time to enable the agency to make
sufficiently reliable judgments. Such judgments might include those
made in a retrospective review of the agency's determination about the
anticipated safety effects of the exemption. For example, when NHTSA
granted Nuro's exemption, NHTSA stated that the terms would apply
throughout the useful life of the vehicles. Beyond the two-year
exemption period, HOLON, like Nuro, could be subject to civil penalties
for failure to comply with the terms established as a condition for
granting the part 555 temporary exemption.
Other potential terms could include limitations on vehicle
operations (based upon location, speed, weather, identified Operational
Design Domains, road types, ownership, and management, etc.).
Conceivably, some conditions could be graduated, i.e., restrictions
could be progressively relaxed after a period of demonstrated driving
performance. Further, as with data-sharing, it may be necessary to
specify that these terms would apply to the exempted vehicles beyond
the two-year exemption period.
NHTSA notes that its regulations at 49 CFR part 555 provide that
the agency can revoke a part 555 exemption if a manufacturer fails to
satisfy the terms of the exemption. NHTSA could also seek injunctive
relief.\15\
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\15\ 49 U.S.C. 30163(a).
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NHTSA seeks comment on whether the agency should apply the same
types of conditions that it applied to Nuro's exemption for ADS-
equipped low-speed occupantless vehicles. NHTSA seeks comment not only
on whether these conditions are appropriate to apply to HOLON's
exemption, if granted, but also whether there are additional terms that
NHTSA should apply. HOLON's exemption request differs significantly
from Nuro's in that the request is for a passenger vehicle, and it is
not limited to 25 mph, as was the case of the Nuro vehicle. As such,
there are likely additional terms that would be appropriate to apply to
HOLON's exemption, if granted.
VII. Public Participation
A. Request for Comment and Comment Period
The agency seeks comment from the public on the merits of HOLON's
petition for a temporary exemption. NHTSA is also seeking comment on
the potential types of terms the agency should set if the agency
decides to grant the petition.
NHTSA is providing a 60-day comment period. After considering
public comments and other available information, NHTSA will publish a
notice of final action on the petition in the Federal Register.
B. Instructions for Submitting Comments
How long do I have to submit comments?
Please see DATES section at the beginning of this document.
How do I prepare and submit comments?
Your comments must be written in English.
To ensure that your comments are correctly filed in the
Docket, please include the Docket Number shown at the beginning of this
document in your comments.
If you are submitting comments electronically as a PDF
(Adobe) File, NHTSA asks that the documents be submitted using the
Optical Character Recognition (OCR) process, thus
[[Page 88861]]
allowing NHTSA to search and copy certain portions of your submissions.
Comments may be submitted to the docket electronically by logging onto
the Docket Management System website at https://www.regulations.gov.
Follow the online instructions for submitting comments.
You may also submit two copies of your comments, including
the attachments, to Docket Management at the address given above under
ADDRESSES.
Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information quality standards set forth in the OMB and DOT Data
Quality Act guidelines. Accordingly, we encourage you to consult the
guidelines in preparing your comments. OMB's guidelines may be accessed
at https://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's
guidelines may be accessed at https://www.bts.gov/programs/statistical_policy_and_research/data_quality_guidelines.
Will the Agency consider late comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date.
How can I read the comments submitted by other people?
You may see the comments on the internet. To read the comments on
the internet, go to https://www.regulations.gov. Follow the online
instructions for accessing the dockets.
Please note that, even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.
(Authority: 49 U.S.C. 30113 and 49 U.S.C. 30166; delegations of
authority at 49 CFR 1.95 and 501.5.)
Issued in Washington, DC, under authority delegated in 49 CFR
1.95 and 501.5.
Sophie Shulman,
Deputy Administrator.
[FR Doc. 2024-25990 Filed 11-7-24; 8:45 am]
BILLING CODE 4910-59-P
