Notice2022-02452
BMW of North America, LLC and Volkswagen Group of America; Denial of Petitions for Temporary Exemption From FMVSS No. 108 for Vehicles With Adaptive Driving Beam Headlamps
Primary source
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Published
February 22, 2022
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
This document denies petitions from Volkswagen Group of America (Volkswagen) and BMW of North America, LLC (BMW) (collectively, Petitioners) for temporary exemptions from certain requirements of FMVSS No. 108 to allow installation of adaptive driving beam (ADB) headlighting systems. Both manufacturers requested exemptions on the basis that an exemption would facilitate the development or field evaluation of a new motor vehicle safety feature providing a safety level at least equal to that of the standard. NHTSA has determined that, in light of the publication today of a final rule amending FMVSS No. 108 to allow ADB systems, there is no need to grant the requested exemptions because the standard now allows the deployment of such systems. Accordingly, the petitions are denied.
Full Text
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<title>Federal Register, Volume 87 Issue 35 (Tuesday, February 22, 2022)</title>
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[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Notices]
[Pages 9785-9787]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02452]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0018]
BMW of North America, LLC and Volkswagen Group of America; Denial
of Petitions for Temporary Exemption From FMVSS No. 108 for Vehicles
With Adaptive Driving Beam Headlamps
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of denial of petitions for a temporary exemption for
vehicles equipped with adaptive driving beam headlighting systems from
certain requirements of Federal Motor Vehicle Safety Standard (FMVSS)
No. 108;
[[Page 9786]]
``Lamps, reflective devices, and associated equipment.''
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SUMMARY: This document denies petitions from Volkswagen Group of
America (Volkswagen) and BMW of North America, LLC (BMW) (collectively,
Petitioners) for temporary exemptions from certain requirements of
FMVSS No. 108 to allow installation of adaptive driving beam (ADB)
headlighting systems. Both manufacturers requested exemptions on the
basis that an exemption would facilitate the development or field
evaluation of a new motor vehicle safety feature providing a safety
level at least equal to that of the standard. NHTSA has determined
that, in light of the publication today of a final rule amending FMVSS
No. 108 to allow ADB systems, there is no need to grant the requested
exemptions because the standard now allows the deployment of such
systems. Accordingly, the petitions are denied.
FOR FURTHER INFORMATION CONTACT: John Piazza, Office of the Chief
Counsel, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590. Telephone: 202-366-2992; Email:
<a href="/cdn-cgi/l/email-protection#e1ab8e898fcfb188809b9b80a1858e95cf868e97"><span class="__cf_email__" data-cfemail="f3b99c9b9ddda39a92898992b3979c87dd949c85">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On September 11, 2017, NHTSA published a notice of receipt of a
petition from Volkswagen for a temporary exemption from certain
requirements of FMVSS No. 108 to allow the use of ADB headlights (82 FR
42720). On March 22, 2018, NHTSA published a notice of receipt of a
similar petition from BMW (83 FR 12650). That notice also requested
additional information from Volkswagen, BMW, and any other
manufacturers wishing to submit exemption petitions for ADB systems, to
assist NHTSA in evaluating such petitions.\1\ Volkswagen and BMW
subsequently submitted additional information in response to the 2018
notice.
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\1\ The basis for both petitions is that an exemption would make
easier the development or field evaluation of a new motor vehicle
safety feature providing a safety level at least equal to that of
the standard. 49 CFR 555.6(b).
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Adaptive driving beam systems are an advanced type of semiautomatic
headlamp beam switching technology that aims to address the tradeoff
between forward visibility and glare. ADB systems are capable of
producing a dynamic adaptive beam pattern brighter than a conventional
lower beam, but not as bright as an upper beam. This adaptive beam is
particularly useful for distance illumination of pedestrians, cyclists,
animals, and objects in or near the road when other vehicles are
present and thus preclude use of the upper beam.\2\
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\2\ ADB technology can enhance safety in two ways. First, such
systems provide more illumination than existing lower beams by
providing a sculpted, dynamic beam pattern that adjusts to avoid
glaring other motorists; high-resolution ADB systems are even
capable of classifying objects and placing optimized levels of light
on all objects in the driver's view (such as retroreflective signs
or pedestrians). Second, such systems facilitate increased use of
the upper beam in situations where other vehicles will not be
glared. For both these reasons, ADB has the potential to reduce the
risk of crashes by increasing visibility without increasing glare.
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NHTSA is today publishing a final rule amending FMVSS No. 108 to
permit ADB systems. The final rule establishes performance requirements
to ensure that ADB systems operate safely by not glaring other
motorists and providing a minimum level of visibility. The final rule
is effective immediately.
II. Overview of the Petitions
Volkswagen Petition
Volkswagen petitioned for an exemption from S9.4 and S10.14.6 of
FMVSS No. 108 for its Matrix Beam ADB system on Audi A7 models (which
may also include S7 and Rs7 variants). Section S9.4 requires that a
vehicle have a means of switching between lower and upper beams. The
means must be designed and located so that it may be operated
conveniently by a simple movement of the driver's hand or foot. The
switch must have no dead point and, except as provided by S6.1.5.2, the
lower and upper beams must not be energized simultaneously except
momentarily for temporary signaling purposes or during switching
between beams. S10.14.6 specifies the photometry requirements for
integral beam headlighting systems. Volkswagen indicated that the
Matrix Beam may not comply with these requirements.
The basis for the application is that the exemption would make
easier the development or field evaluation of a new motor vehicle
safety feature providing a safety level at least equal to that of the
standard. Volkswagen explained how the Matrix Beam system operates and
the safety benefits it believes the system would offer. Volkswagen also
submitted additional information in response to NHTSA's request for
information in the 2018 notice.
BMW Petition
BMW petitioned for an exemption from FMVSS No. 108 for BMW i8
vehicles equipped with its Laserlight Glare-Free High Beam Assist.
Similar to Volkswagen, BMW sought an exemption from the requirement of
S9.4 that prohibits the simultaneous energization of the lower and
upper beams and from the upper beam photometry requirements of
S10.14.6. BMW stated that the photometry requirements specify minimum
and maximum photometric intensities of the upper beam light that may
not be met by the Glare-Free High Beam Assist.
The basis for the application is that the exemption would make
easier the development or field evaluation of a new motor vehicle
safety feature providing a safety level at least equal to that of the
standard. BMW explained how the Glare-Free High Beam Assist operates
and the safety benefits it believes the system would offer. BMW also
submitted additional information in response to NHTSA's requests for
information in the 2018 notice.
III. Summary of Comments
NHTSA received 17 comments on one or both of the petitions. Several
manufacturers or trade groups (Truck and Engine Manufacturers
Association, SAE, Osram Sylvania Products, Inc., Alliance of Automobile
Manufacturers (Alliance), American Trucking Associations, Mercedes-Benz
USA, LLC, and Transportation Safety Equipment Institute (TSEI))
commented in support of the petitions. Two public interest groups
(Advocates for Highway Safety and Consumers Union) also supported or
conditionally supported granting one or both of the petitions. Several
individual citizens commented in support of granting one or both of the
petitions.
SAE, the Alliance, and Mercedes also responded to NHTSA's 2018
request for additional information. These comments were repeated in
these organizations' comments to the ADB NPRM. OSRAM, the Alliance,
Mercedes, and TSEI supported SAE's comment. Advocates for Highway
Safety commented on Volkswagen's petition and conditionally supported
it. Consumers Union commented on several issues, and submitted similar
comments to the NPRM.\3\
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\3\ NHTSA has addressed all significant comments to the NPRM in
the ADB final rule published today.
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IV. Agency Analysis and Decision
NHTSA has considered Petitioners' arguments, the comments received
on the petitions, and the final rule that is being issued today. NHTSA
has determined that the issuance of the final rule makes it unnecessary
for NHTSA to grant the petitions.
[[Page 9787]]
Petitioners argue that an exemption is necessary because their ADB
systems may not comply with the requirements of S9.4 and S10.14.6. They
also contend that an exemption would facilitate the development and
field evaluation of their ADB systems because it would allow them to
obtain data and consumer feedback on system performance. The
publication of the FMVSS No. 108 final rule published today--that is
effective immediately--permitting the deployment of ADB systems renders
these petitions unnecessary. Petitioners and other manufacturers
wishing to equip vehicles with ADB systems may do so, provided that the
systems comply with the requirements set out in the final rule.\4\
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\4\ We do not read the petitioners as requesting an exemption
from the requirements of the final rule, as the rule did not exist
at the time of their petitions. Alternatively, we believe it is not
necessary, nor would it be in the public interest, to exempt the ADB
systems from the requirements for ADB systems in today's final rule
based on the information provided in the petitions.
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The requirements adopted by the final rule are necessary to ensure
that ADB systems operate safely with respect to glare prevention and
visibility. The requirements are generally within the capabilities of
current ADB systems (some system modifications might be necessary).
These issues are discussed at length in the preamble to the final rule.
We note that the manufacturers' comments regarding the additional
information NHTSA requested were also included in the comments those
same manufacturers submitted to the ADB rulemaking docket in response
to the NPRM. Those comments are addressed in the preamble to the final
rule.
Decision--Based on the foregoing, the petitions from Volkswagen and
BMW for temporary exemption are denied.
Authority: 49 U.S.C. 30113; delegations of authority at 49 CFR 1.95
and 501.4, and 501.5.
Steven S. Cliff,
Deputy Administrator.
[FR Doc. 2022-02452 Filed 2-18-22; 8:45 am]
BILLING CODE 4910-59-P
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