Notice2022-04894

New Car Assessment Program

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
March 9, 2022

Issuing agencies

Transportation DepartmentNational Highway Traffic Safety Administration

Abstract

NHTSA's New Car Assessment Program (NCAP) provides comparative information on the safety performance of new vehicles to assist consumers with vehicle purchasing decisions and to encourage safety improvements. In addition to star ratings for crash protection and rollover resistance, the NCAP program recommends particular advanced driver assistance systems (ADAS) technologies and identifies the vehicles in the marketplace that offer the systems that pass NCAP performance test criteria for those systems. This notice proposes significant upgrades to NCAP, first, by proposing to add four more ADAS technologies to those NHTSA currently recommends. The new technologies are blind spot detection, blind spot intervention, lane keeping support, and pedestrian automatic emergency braking. Other plans on updating NCAP are discussed in the Supplementary Information.

Full Text

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[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Notices]
[Pages 13452-13521]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04894]



[[Page 13451]]

Vol. 87

Wednesday,

No. 46

March 9, 2022

Part III





Department of Transportation





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National Highway Traffic Safety Administration





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New Car Assessment Program; Notice

Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / 
Notices

[[Page 13452]]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0002]


New Car Assessment Program

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Request for comments (RFC).

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SUMMARY: NHTSA's New Car Assessment Program (NCAP) provides comparative 
information on the safety performance of new vehicles to assist 
consumers with vehicle purchasing decisions and to encourage safety 
improvements. In addition to star ratings for crash protection and 
rollover resistance, the NCAP program recommends particular advanced 
driver assistance systems (ADAS) technologies and identifies the 
vehicles in the marketplace that offer the systems that pass NCAP 
performance test criteria for those systems. This notice proposes 
significant upgrades to NCAP, first, by proposing to add four more ADAS 
technologies to those NHTSA currently recommends. The new technologies 
are blind spot detection, blind spot intervention, lane keeping 
support, and pedestrian automatic emergency braking. Other plans on 
updating NCAP are discussed in the Supplementary Information.

DATES: Comments should be submitted no later than May 9, 2022.

ADDRESSES: Comments should refer to the docket number above and be 
submitted by one of the following methods:
    <bullet> Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 
Follow the online instructions for submitting comments.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
    <bullet> Hand Delivery: 1200 New Jersey Avenue SE, West Building 
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m. 
ET, Monday through Friday, except Federal Holidays.
    <bullet> Instructions: For detailed instructions on submitting 
comments, see the Public Participation heading of the SUPPLEMENTARY 
INFORMATION section of this document. Note that all comments received 
will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including 
any personal information provided.
    <bullet> Privacy Act: Anyone can search the electronic form of all 
comments received in any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. For access to the docket to read background documents or 
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> or the street 
address listed above. Follow the online instructions for accessing the 
dockets.

FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact 
Ms. Jennifer N. Dang, Division Chief, New Car Assessment Program, 
Office of Crashworthiness Standards (Telephone: 202-366-1810). For 
legal issues, you may contact Ms. Sara R. Bennett, Office of Chief 
Counsel (Telephone: 202-366-2992). You may send mail to either of these 
officials at the National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE, West Building, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: This notice also proposes changes (including 
an increase in stringency) to the test procedures and performance 
criteria for the four currently recommended ADAS technologies in NCAP 
to enable enhanced evaluation of their capabilities in current vehicle 
models and to harmonize with other consumer information programs. 
Second, this notice describes (but does not propose at this time) how 
NHTSA could rate vehicles equipped with these ADAS technologies and 
requests comment on how best to develop this rating system. Third, 
NHTSA seeks (but does not propose at this time) to provide a crash 
avoidance rating at the point of sale on a vehicle's window sticker, 
consistent with the 2015 Fixing America's Surface Transportation (FAST) 
Act, and discusses ways of implementing the program, including a 
potential process for updating such information. Fourth, as part of a 
new NHTSA approach to NCAP, NHTSA is proposing a ``roadmap'' of the 
Agency's plans to upgrade NCAP in phases over the next several years 
and presents the roadmap for comment. Fifth, as another first for NCAP, 
NHTSA is considering utilizing NCAP to raise consumer awareness of 
certain safety technologies that may have the potential to help people 
make safe driving choices. This information may be of particular 
interest to parents or other caregivers shopping for a vehicle for a 
new or inexperienced driver in the household, or parents wanting to 
know more about rear seat alerts for hot car/heatstroke. Sixth and 
finally, this RFC discusses NHTSA's ideas for updating several 
programmatic aspects of NCAP to improve the program. The proposal on 
ADAS technologies and the aforementioned initiatives pave the way for 
the Agency to focus on a much broader safety strategy, including 
fulfilling not only the 2015 FAST Act directive but also the recent 
mandates included in Section 24213 of the November 2021 Bipartisan 
Infrastructure Law, enacted as the Infrastructure Investment and Jobs 
Act, to improve road safety for motor vehicle occupants as well as 
other vulnerable road users.

Table of Contents

I. Executive Summary
II. Background
III. ADAS Performance Testing Program
    A. Lane Keeping Technologies
    1. Updating Lane Departure Warning (LDW)
    a. Haptic Alerts
    b. False Positive Tests
    c. LDW Test Procedure Modifications
    2. Adding Lane Keeping Support (LKS)
    B. Blind Spot Detection Technologies
    1. Adding Blind Spot Warning (BSW)
    a. Additional Test Targets and/or Test Conditions
    b. Test Procedure Harmonization
    2. Adding Blind Spot Intervention (BSI)
    C. Adding Pedestrian Automatic Emergency Braking (PAEB)
    D. Updating Forward Collision Prevention Technologies
    1. Forward Collision Warning (FCW)
    2. Automatic Emergency Braking (AEB)
    a. Dynamic Brake Support (DBS)
    b. Crash Imminent Braking (CIB)
    c. Current State of AEB Technology
    d. NHTSA's CIB Characterization Study
    e. Updates to NCAP's CIB Testing
    f. Updates to NCAP's DBS Testing
    g. Updates to NCAP's FCW Testing
    h. Regenerative Braking
    3. FCW and AEB Comments Received in Response to 2015 RFC Notice
    a. Forward Collision Warning (FCW) Effective Time-to-Collision
    b. False Positive Test Scenarios
    c. Procedure Clarifications
    d. Expand Testing
    e. AEB Strikeable Target
IV. ADAS Rating System
    A. Communicating ADAS Ratings to Consumers
    1. Star Rating System
    2. Medals Rating System
    3. Points-Based Rating System
    4. Incorporating Baseline Risk
    B. ADAS Rating System Concepts
    1. ADAS Test Procedure Structure and Nomenclature
    2. Percentage of Test Conditions to Meet--Concept 1
    3. Select Test Conditions to Meet--Concept 2
    4. Weighting Test Conditions Based on Real-World Data--Concept 3
    5. Overall Rating

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V. Revising the Monroney Label (Window Sticker)
VI. Establishing a Roadmap for NCAP
VII. Adding Emerging Vehicle Technologies for Safe Driving Choices
    A. Driver Monitoring Systems
    B. Driver Distraction
    C. Alcohol Detection
    D. Seat Belt Interlocks
    E. Intelligent Speed Assist
    F. Rear Seat Child Reminder Assist
VIII. Revising the 5-Star Safety Rating System
    A. Points-Based Ratings System Concept
    B. Baseline Risk Concept
    C. Half-Star Ratings
    D. Decimal Ratings
    E. Rollover Resistance Test
IX. Other Activities
    A. Programmatic Challenges With Self-Reported Data
    B. Website Updates
    C. Database Changes
X. Economic Analysis
XI. Public Participation
XII. Appendices

I. Executive Summary

    NHTSA's New Car Assessment Program (NCAP) supports NHTSA's mission 
to reduce the number of fatalities and injuries that occur on U.S. 
roadways. NCAP, like many other NHTSA programs, has contributed to 
significant reductions in motor vehicle fatalities. In the decade prior 
to the 1978 start of NCAP, fatalities from motor vehicle crashes 
exceeded 50,000 annually. In 2019, 36,096 people still lost their lives 
on U.S. roads. Passenger vehicle occupant fatalities decreased from 
32,225 in 2000 to 22,215 in 2019.\1\ This reduction is notable, 
particularly in light of the fact that the total number of vehicle 
miles traveled (VMT) in the U.S. has increased over time. However, 
during that same timeframe, pedestrian fatalities increased by 33 
percent, from 4,739 in 2000 to 6,205 in 2019.\2\ Furthermore, a 
statistical projection of traffic fatalities for the first half of 2021 
shows that an estimated 20,160 people died in motor vehicle traffic 
crashes--the highest number of fatalities during the first half of the 
year since 2006, and the highest half-year percentage increase in the 
history of data recorded by the Fatality Analysis Reporting System 
(FARS).\3\ In addition, the projected 11,225 fatalities during the 
second quarter of 2021 represents the highest second quarter fatalities 
since 1990, and the highest quarterly percentage change (+23.1 percent) 
in FARS data recorded history. Preliminary data reported by the Federal 
Highway Administration (FHWA) show that VMT in the first half of 2021 
rebounded from a large pandemic-related dip that occurred in the first 
half of 2020, increasing by 173.1 billion miles, or about a 13 percent 
increase over the comparable period in 2020. The fatality rate for the 
first half of 2021 increased to 1.34 fatalities per 100 million VMT, up 
from the projected rate of 1.28 fatalities per 100 million VMT in the 
first half of 2020. Early evidence suggests that these fatality rates 
have increased as a result of increases in risky behaviors like driving 
and riding while unbelted, impaired driving, and speeding.\4\ Although 
there have been notable gains in automotive safety over the past fifty 
years, far more work must be done.
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    \1\ Traffic Safety Facts 2019 ``A Compilation of Motor Vehicle 
Crash Data.'' U.S. Department of Transportation. National Highway 
Traffic Safety Administration.
    \2\ Traffic Safety Facts 2000 ``A Compilation of Motor Vehicle 
Crash Data from the Fatality Analysis Reporting System and the 
General Estimates System.'' U.S. Department of Transportation. 
National Highway Traffic Safety Administration.
    \3\ National Center for Statistics and Analysis. (2021, 
October), Early Estimate of Motor Vehicle Traffic Fatalities for the 
First Half (January-June) of 2021. (Traffic Safety Facts. Report No. 
DOT HS 813 199), Washington, DC: National Highway Traffic Safety 
Administration.
    \4\ See <a href="https://www.nhtsa.gov/press-releases/2020-fatality-data-show-increased-traffic-fatalities-during-pandemic">https://www.nhtsa.gov/press-releases/2020-fatality-data-show-increased-traffic-fatalities-during-pandemic</a>.
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    This notice discusses how NCAP can support NHTSA's mission through 
its multi-faceted initiatives and broad safety strategies to address 
vehicle safety involving motor vehicle occupants, other vulnerable road 
users, and safe driving choices to further reduce injuries and 
fatalities occurring on the nation's roads. As stated in the Department 
of Transportation's National Roadway Safety Strategy, proposals to 
update NCAP are expected to emphasize safety features that protect 
people both inside and outside of the vehicle, and may include 
consideration of pedestrian protection systems, better understanding of 
impacts to pedestrians (e.g., specific considerations for children), 
and automatic emergency braking and lane keeping assistance to benefit 
bicyclists and pedestrians. In a first-of-its-kind focus--especially 
relevant in light of increases in fatalities caused by risky driving 
behaviors--this notice seeks comment on how automakers could encourage 
consumers to choose safety technologies that could prevent risky 
behaviors from occurring in the first place. This notice also proposes 
significant upgrades to NCAP by adding four additional crash avoidance 
technologies (also termed ADAS throughout this notice) to the program, 
increasing the stringency of the tests for currently recommended ADAS 
technologies in NCAP for enhanced evaluation of their current 
capabilities, and exploring, for the first time, expanding NCAP to 
include safety for road users outside of the vehicle. Finally, this 
document presents a roadmap of NHTSA's current plans to upgrade NCAP in 
phases over the next several years.
    Many of these efforts align with Section 24213 of the Bipartisan 
Infrastructure Law, enacted as the Infrastructure Investment and Jobs 
Act \5\ and signed on November 15, 2021. First, this RFC, once 
finalized, fulfills the requirements of Section 24213(a) of the 
Bipartisan Infrastructure Law because NHTSA intends for the addition of 
the four technologies proposed in this RFC to ``finalize the proceeding 
for which comments were requested'' on December 16, 2015.\6\ 
Specifically, the finalization of this RFC will close the December 16, 
2015 proceeding and notice. While NHTSA has future plans described in 
the roadmap that the Agency discussed in the December 16, 2015 notice, 
none are considered an extension of the December 16, 2015 proceeding, 
though all information previously collected by NHTSA may be used in the 
development of future notices.
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    \5\ (Pub. L. 117-58).
    \6\ Id. at Section 24213(a); the notice referred to in the 
Bipartisan Infrastructure Law is 80 FR 78522 (Dec. 16, 2015). This 
is the notice that will be finalized once the final decision notice 
for today's RFC is published.
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    Second, this RFC fulfills portions of the requirements in Section 
24213(b) of the Bipartisan Infrastructure Law that mandates the Agency 
``publish a notice, for the purposes of public comment, to establish a 
means for providing consumer information relating to advanced crash-
avoidance technologies'' within one year of enactment that includes: 
(1) An appropriate methodology for determining which advanced crash 
avoidance technologies should be included in the information, (2) 
performance test criteria for use by manufacturers in evaluating those 
technologies, (3) a distinct rating system involving each technology, 
and (4) updating overall vehicle ratings to include the new rating. 
Through this RFC, NHTSA is proposing four additional advanced crash 
avoidance technologies \7\ for inclusion in NCAP, proposing the test 
criteria for evaluating the advanced crash avoidance technologies, and 
seeking comment on the future development of a crash avoidance rating 
system. NHTSA described in detail why it chose the four

[[Page 13454]]

technologies that it did and how those technologies meet NHTSA's 
established criteria for inclusion in NCAP. Since NHTSA is proposing 
the addition of four advanced crash avoidance technologies and test 
criteria for evaluating those technologies, NHTSA meets two of the four 
requirements for fulfillment of the Advanced Crash Avoidance section of 
Sec. 24213(b).
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    \7\ This notice refers to the advanced crash avoidance 
technologies as Advanced Driver Assistance Systems (ADAS) 
technologies.
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    Section 24213(b) of the law also requires that the Agency publish a 
notice ``to establish a means for providing to consumers information 
relating to pedestrian, bicyclist, or other vulnerable road user safety 
technologies'' within one year of enactment. This notice must meet 
requirements very similar to the advanced crash avoidance notice 
mentioned above. Since NHTSA is today proposing to include pedestrian 
automatic emergency braking (PAEB) in the program and is including test 
criteria for evaluating PAEB, NHTSA meets two of the four requirements 
for fulfillment of the Vulnerable Road User Safety section of Sec. 
24213(b). The remaining requirements will be fulfilled once NHTSA 
proposes and then finalizes a new rating system for the crash avoidance 
technologies in NCAP. The law also requires that NHTSA submit reports 
to Congress on its plans for fulfilling the abovementioned 
requirements. NHTSA plans to fulfill these reporting requirements in a 
timely manner.
    Third, this RFC, once finalized, fulfills the requirements of 
Section 24213(c) for NHTSA to establish a roadmap for implementation of 
NCAP changes that covers a term of ten years, with five year mid-term 
and five year long-term components, and with updates to the roadmap at 
least once every four years to reflect new Agency interests and public 
comments. The first roadmap must be completed within one year of the 
law's enactment. Once finalized, the roadmap on future updates to NCAP 
proposed in this RFC in its entirety would fulfill the ten-year roadmap 
requirement, as some proposed initiatives will be considered in NCAP in 
the first five years while others will be proposed in the second half 
of the ten-year plan. The details and analysis of this fulfillment are 
available in the Roadmap section of this RFC.
    Fourth, this RFC, once finalized, will fulfill a provision in 
Section 24213(c) of the Bipartisan Infrastructure Law that requires 
NHTSA to make the roadmap available for public comment and to consider 
the public comments received before finalizing the roadmap. These 
provisions are in accordance with the Agency's current practice for 
updating NCAP and will be followed to finalize the roadmap. Section 
24213(c) of the Law also requires that NHTSA identify opportunities 
where NCAP would ``benefit from harmonization with third-party safety 
rating programs.'' The Agency is taking steps to harmonize with 
existing consumer information rating programs where possible, and when 
appropriate, as noted in various sections of this RFC.
    Fifth, Section 24213(c) of the Law requires the Agency to engage 
with stakeholders with diverse backgrounds and viewpoints not less than 
annually to develop future roadmaps. Again, this provision is in 
accordance with the Agency's current practice.

Components of the Notice

    There are six main parts to this notice:
    1. Proposes to add four new ADAS technologies to NCAP and updates 
to current NCAP test procedures,
    2. Discusses the Agency's plan to develop a new rating system for 
advanced driver assistance technologies,
    3. Describes steps to list the crash avoidance rating information 
on the vehicle's window sticker (the Monroney label) at the point of 
sale,
    4. Describes roadmap of the Agency's plans to update NCAP in phases 
over the next ten years,
    5. Requests comments on expanding NCAP to provide consumer 
information on safety technologies that could help people drive safer 
by preventing or limiting risky driving behavior, and
    6. Discusses NHTSA's ideas for updating several programmatic 
aspects of NCAP to improve the program as a whole.
    Each of the aforementioned aspects of the notice are described in 
greater detail that follows. First, the notice discusses in detail the 
Agency's proposed upgrade to add four more ADAS technologies to those 
currently recommended by NHTSA through NCAP and that are highlighted on 
the NHTSA website. Since 2010, NCAP has recommended four kinds of ADAS 
technologies to prospective vehicle purchasers, and has identified to 
shoppers the vehicles that have these technologies and that meet NCAP 
performance test criteria.\8\ The current technologies are forward 
collision warning (FCW), lane departure warning (LDW), crash imminent 
braking (CIB), and dynamic brake support (DBS) (with the latter two 
collectively referred to as ``automatic emergency braking).\9\ This 
notice proposes changes (including an increase in stringency) to the 
test procedures and performance criteria for LDW, CIB, DBS, and FCW to 
(1) enable enhanced evaluation of their capabilities in current vehicle 
models, (2) reduce test burden, and (3) harmonize with other consumer 
information programs. This notice also describes and proposes four more 
ADAS technologies: Blind spot detection, blind spot intervention, lane 
keeping support, and pedestrian automatic emergency braking.
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    \8\ NCAP only indicates that a vehicle has a recommended 
technology when NHTSA has data verifying that the technology meets 
the minimum performance requirements set by NHTSA for acceptable 
performance. If a vehicle's ADAS is reported to have satisfied the 
performance requirements using the test methods specified by the 
Agency, then NHTSA uses a checkmark system to indicate on the NHTSA 
website that the vehicle is equipped with the technology. Each year, 
NHTSA also selects a sample of vehicles from that model year to 
verify ADAS system performance by performing its own tests.
    \9\ <a href="https://www.nhtsa.gov/equipment/driver-assistance-technologies">https://www.nhtsa.gov/equipment/driver-assistance-technologies</a>.
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    These four new ADAS technologies are candidates for NCAP because 
data indicate they satisfy NHTSA's four prerequisites for inclusion in 
the program. The prerequisites are: (1) The update to the program 
addresses a safety need; (2) there are system designs (countermeasures) 
that can mitigate the safety problem; (3) existing or new system 
designs have safety benefit potential; and (4) a performance-based 
objective test procedure exists that can assess system performance. In 
order to address (1), a safety need, the Agency inherently looks first 
to address injuries and fatalities stemming from ``high-frequency and 
high-risk crash types''--as these crashes command the largest safety 
need and thus may also afford the biggest potential benefit. NHTSA does 
not calculate relative costs and benefits when considering inclusion in 
NCAP as it is a non-regulatory consumer information program. NHTSA 
discusses in this notice how each of the proposed ADAS technologies 
meets the four prerequisites. As explained in detail in this notice, 
the four new ADAS technologies proposed in NCAP are the only 
technologies that the Agency believes meet the four prerequisites for 
inclusion at this time. Each technology has demonstrated the ability to 
successfully mitigate high frequency and high-risk crash types. With 
the proposal to include pedestrian automatic emergency braking, NCAP 
would be expanded, for the first time, to include safety for people 
outside of the vehicle.
    Second, this notice discusses the Agency's plan to develop a future 
rating system for new vehicles based on the availability and 
performance of all the NCAP-recommended crash avoidance technologies. 
Currently, NCAP only

[[Page 13455]]

recommends crash avoidance technologies to shoppers, and identifies the 
vehicles that offer the recommended technologies that pass NCAP system 
performance criteria. Unlike its crashworthiness and rollover 
protection programs that offer a combined rating based on vehicle 
performance in frontal, side, and rollover tests, the NCAP crash 
avoidance program does not currently have a rating system to 
differentiate the performance of ADAS technologies. NHTSA seeks to 
remedy this by developing a rating system for ADAS technologies to 
provide purchasers improved data with which to compare and shop for 
vehicles, and to spur improved vehicle performance. Accordingly, this 
document seeks public input on how best to develop this rating system.
    Third, this notice announces NHTSA's steps to list the crash 
avoidance rating information on the vehicle's window sticker (the 
Monroney label) at the point of sale, as directed by the FAST Act.\10\ 
NHTSA requests comment on ideas for the Monroney label information. 
Research is underway to maximize the effectiveness of the information 
in informing purchasing decisions. A follow-on notice will propose the 
crash avoidance rating system and explain how NHTSA would use the 
ratings. NHTSA will consider the comments received on this notice in 
conjunction with the information gained from the consumer research, to 
develop a proposal for a revised label. To help shoppers make more 
informed purchasing decisions, NHTSA also plans to provide fuel economy 
and greenhouse gas rating information with the NHTSA safety ratings, 
not only at the point of sale but also on the NHTSA website.
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    \10\ This Act requires NHTSA to promulgate a rule to require 
vehicle manufacturers to include crash avoidance information next to 
the crashworthiness information on vehicle window stickers (Monroney 
labels).
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    Fourth, as part of a new approach to advancing NCAP, NHTSA has 
developed a roadmap of the Agency's current plans to upgrade NCAP in 
phases over the next several years. The roadmap sets forth NHTSA's 
near-term and longer-term strategies for upgrading NCAP. The roadmap 
takes a gradual approach, which contemplates NHTSA's issuing proposed 
upgrades in phases, as the technologies mature to readiness for 
proposed inclusion in NCAP. Following a proposal will be a final 
decision document that responds to comments and provides NHTSA's 
decisions for that phase of NCAP updates, including the lead time 
provided for the implementation. The roadmap presents an estimated 
timeframe of the phased request for comment (RFC) notices.
    Fifth, this notice also considers expanding NCAP to provide 
consumer information on safety technologies that could help people 
drive safer by preventing or limiting risky driving behavior. The 
Agency is examining the possibility of expanding NCAP to include 
technologies that promote NHTSA's continuing efforts to combat unsafe 
driving behaviors, such as distracted and impaired driving, riding in a 
vehicle unrestrained, and speeding. NHTSA currently uses many 
approaches to reduce dangerous driving behaviors, including high 
visibility enforcement and advertising campaigns like ``Click it or 
Ticket'' and ``Buzzed Driving is Drunk Driving.'' These campaigns have 
succeeded in reducing, but not eliminating, human causes of crashes and 
there is some evidence that their success has reached a plateau. NHTSA 
is considering how NCAP can promote technologies that would reduce 
unsafe driving or riding behavior like distracted and impaired driving, 
speeding, or riding in a vehicle unrestrained by targeting the human 
behaviors most likely to lead to crashes. This information may be of 
particular interest to parents or other caregivers who are shopping for 
a vehicle for a new or inexperienced driver in the household, or 
caregivers wanting to know more about rear seat alerts for hot car/
heatstroke.
    Sixth and finally, this RFC discusses NHTSA's ideas for updating 
several programmatic aspects of NCAP to improve the program as a whole. 
NHTSA requests comment on the Agency's ideas for revising the 5-star 
safety ratings program. This document also discusses ways NHTSA would 
like to update the existing ADAS technology program components, 
outlines challenges the Agency has encountered relating to manufacturer 
self-reported data, and proposes possible solutions to those problems. 
Lastly, the RFC discusses (1) updates to the NCAP website to improve 
the dissemination of vehicle safety information to consumers and (2) 
the development of an NCAP database to modernize the operational 
aspects of the program, including a new vehicle information submission 
process for vehicle manufacturers.
    This RFC includes numbered questions throughout the notice that 
highlight specific topics on which NHTSA seeks comments. Although 
several questions may be posed un-numbered within the body of certain 
sections, these un-numbered questions are reiterated at the conclusion 
of the topic discussion and in Appendix B. To help ensure that NHTSA is 
able to address all comments received, the Agency requests that 
commenters provide corresponding numbering in their responses.

II. Background

    NHTSA established its NCAP in 1978 in response to Title II of the 
Motor Vehicle Information and Cost Savings Act of 1972. When the 
program first began providing consumers with vehicle safety information 
derived from frontal crashworthiness testing, attention within the 
industry to vehicle safety was relatively new. Today's consumers are 
much more interested in vehicle safety, and this has become one of the 
key factors in vehicle purchasing decisions.\11\ Vehicle manufacturers 
have responded to these consumer demands by offering safer vehicles 
that incorporate enhanced safety features. This has resulted in 
improved vehicle safety performance in NCAP, which has historically 
translated into higher NCAP star ratings.
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    \11\ See <a href="http://www.regulations.gov">www.regulations.gov</a>, See <a href="http://www.regulations.gov">www.regulations.gov</a>, Docket 
No. NHTSA-2020-0016 for a report of ``New Car Assessment Program 5-
Star Quantitative Consumer Research.''
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    Over the years, NHTSA began to incorporate ADAS technologies into 
NCAP's crash avoidance program. In 2007, NHTSA, for the first time, 
issued an RFC exploring the addition of ADAS technologies in NCAP.\12\ 
Later, based on feedback received from written and oral comments, NHTSA 
published a final decision \13\ expanding NCAP to include certain ADAS 
technologies and specific performance thresholds that a NHTSA-
recommended ADAS system must meet. Beginning with model year 2011, the 
Agency began recommending on its website forward collision warning 
(FCW), lane departure warning (LDW), and electronic stability control 
(ESC),\14\ and identified to shoppers which vehicles have the 
technologies that meet NCAP's performance requirements. NHTSA updated 
NCAP further to include crash imminent braking (CIB) and dynamic 
braking support (DBS)

[[Page 13456]]

technologies, beginning with model year 2018 vehicles.
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    \12\ 72 FR 3473 (January 25, 2007). The RFC included a request 
for comments on a NHTSA report titled, ``The New Car Assessment 
Program (NCAP); Suggested Approaches for Future Enhancements.''
    \13\ 73 FR 40016 (July 11, 2008).
    \14\ ESC was removed from the Agency's list of recommended ADAS 
technologies through NCAP beginning in model year 2014 when the 
technology became mandated under FMVSS No. 126, ``Electronic 
stability control.'' NHTSA also included rear video systems in its 
list of recommended technologies under NCAP from model years 2014 to 
2017 and removed that technology from its list when it became 
mandated under FMVSS No. 111, ``Rear Visibility.''
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    This RFC continues those efforts. Through several notices and 
public meetings, NHTSA has continued discussions with stakeholders 
about which technologies should be included in NCAP and the minimum 
performance thresholds those technologies should meet. NHTSA has set 
forth in Appendix C to this RFC a detailed history of the requests for 
comment, public meetings, and other relevant events that underlie this 
notice.
    The last RFC NHTSA published to discuss potential changes to NCAP 
was published in 2015. It was broad in subject matter and sought 
comment on NCAP's potential use of enhanced tools and techniques for 
evaluating the safety of vehicles, generating star ratings, and 
stimulating further vehicle safety developments.\15\ On the 
crashworthiness front, the RFC sought comment on establishing a new 
frontal oblique test and on using more advanced crash test dummies in 
all tests. The RFC also sought comment about establishing a new crash 
avoidance rating category and including nine advanced crash avoidance 
technologies. Additionally, the RFC sought comment on establishing a 
new pedestrian protection rating category involving the use of adult 
and child head, upper leg, and lower leg impact tests and adding two 
new pedestrian crash avoidance technologies. The RFC sought comment on 
combining the three categories (crash avoidance, crashworthiness, and 
pedestrian protection) into one overall 5-star rating. NHTSA also 
received comments at two public hearings, one in Detroit, Michigan, on 
January 14, 2016, and the second at the U.S. DOT Headquarters in 
Washington, DC, on January 29, 2016. The numerous comments received on 
the RFC are discussed in a section below.
---------------------------------------------------------------------------

    \15\ 80 FR 78521 (Dec. 16, 2015).
---------------------------------------------------------------------------

    In October 2018, NHTSA hosted a third public meeting to re-engage 
stakeholders and seek up-to-date input to help the Agency plan the 
future of NCAP.\16\ The Agency has also been working to finalize its 
research efforts on pedestrian crash protection, advanced 
anthropomorphic test devices (crash test dummies) in frontal and side 
impact tests, a new frontal oblique crash test, and an updated rollover 
risk curve. As discussed in the roadmap, NHTSA plans to upgrade the 
NCAP crashworthiness program in phases over the next several years with 
the knowledge it has acquired from the research programs.
---------------------------------------------------------------------------

    \16\ October 1, 2018.
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III. ADAS Performance Testing Program

    ADAS technologies have the potential to increase safety by 
preventing crashes or mitigating the severity of crashes that might 
otherwise lead to injury and death. NCAP currently conducts performance 
verification tests for four ADAS technologies: Forward collision 
warning (FCW), lane departure warning (LDW), crash imminent braking 
(CIB), and dynamic brake support (DBS). CIB and DBS are collectively 
referred to as automatic emergency braking (AEB). Vehicles that are 
equipped with one or more of these systems and pass NCAP's performance 
test requirements are listed as ``Recommended'' on NHTSA's website. 
When the Agency first began recommending FCW and LDW systems for model 
year 2011 vehicles, the fitment rate for these systems was less than 
0.2 percent (where ``fitment rate'' means the percent of vehicles 
equipped with a particular ADAS system). For model year 2018 vehicles, 
38.3 percent were equipped with FCW and 30.1 percent were equipped with 
LDW.\17\ Providing vehicle safety information through NCAP can be an 
effective approach to advance the deployment of safer vehicle designs 
and technology in the U.S. market, inform consumer choices, and 
encourage adoption of new technologies that have life-saving potential.
---------------------------------------------------------------------------

    \17\ Wang, J.-S. (2019, March), Target crash population for 
crash avoidance technologies in passenger vehicles (Report No. DOT 
HS 812 653), Washington, DC: National Highway Traffic Safety 
Administration.
---------------------------------------------------------------------------

    With this notice, NHTSA is proposing to incorporate four additional 
ADAS technologies into NCAP's crash avoidance program: Lane keeping 
support (LKS), pedestrian automatic emergency braking (PAEB), blind 
spot warning (BSW), and blind spot intervention (BSI). Each of these 
technologies meets the Agency's established criteria for inclusion in 
NCAP: (1) The technology addresses a safety need; (2) system designs 
exist that can mitigate the safety problem; (3) the technology provides 
the potential for safety benefits; and (4) a performance-based 
objective test procedure exists that can assess system performance.\18\ 
Details about how each of the proposed ADAS technologies addresses a 
safety need (criterion 1) will be discussed immediately below, while 
the remaining criteria will be discussed in the relevant sections under 
each technology.
---------------------------------------------------------------------------

    \18\ 78 FR 20599 (Apr. 5, 2013).
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    To gain an understanding of the safety need that current ADAS 
technologies may address, NHTSA analyzed crash data for 84 mutually 
exclusive pre-crash scenarios.\19\ The pre-crash scenarios used in the 
Agency's analysis were devised using a typology \20\ concept \21\ 
published by the Volpe National Transportation Systems Center (Volpe), 
which categorizes crashes into dynamically distinct scenarios based on 
pre-crash vehicle movements and critical events. As detailed in the 
referenced March 2019 report, NHTSA mapped the pre-crash scenario 
typologies to twelve currently available ADAS technologies \22\ 
believed to potentially address certain pre-crash scenarios by 
assisting the driver to avoid or mitigate a crash. These mappings 
served to define the corresponding crash populations (i.e., target 
crash populations).
---------------------------------------------------------------------------

    \19\ Wang, J.-S. (2019, March), Target crash population for 
crash avoidance technologies in passenger vehicles (Report No. DOT 
HS 812 653), Washington, DC: National Highway Traffic Safety 
Administration.
    \20\ A typology is the study or analysis of something, or the 
classification of something, based on types or categories.
    \21\ Swanson, E., Foderaro, F., Yanagisawa, M., Najm, W.G., & 
Azeredo, P. (2019), Statistics of light-vehicle pre-crash scenarios 
based on 2011-2015 national crash data (Report No. DOT HS 812 745), 
Washington, DC: National Highway Traffic Safety Administration.
    \22\ The twelve ADAS technologies were as follows: FCW, DBS, 
CIB, LDW, LKS, lane centering assist (LCA), BSW, BSI, lane change/
merge warning, PAEB, RAB, and rear cross-traffic alert.
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    Since several ADAS technologies presently available on passenger 
vehicles \23\ are designed to mitigate the same crash scenarios, NHTSA 
first grouped the technologies with similar design intent into 
categories. The five technology categories that resulted from this 
grouping process include: (1) Forward collision prevention, (2) lane 
keeping, (3) blind spot detection, (4) forward pedestrian impact, and 
(5) backing collision avoidance. As shown in Table A-6, these 
categories address the following high-level crash types: (1) Rear-end; 
(2) rollover, lane departure, and road departure; (3) lane change/
merge; (4) pedestrian; and (5) backing, respectively. Of the original 
84 pre-crash scenarios studied, we mapped 34 relevant pre-crash 
scenario typologies to the five resulting technology categories that 
represented these crash types.
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    \23\ Passenger vehicles were defined as cars, crossovers, sport 
utility vehicles (SUVs), light trucks, and vans having a gross 
vehicle weight rating (GVWR) of 10,000 pounds or less.
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    The forward collision prevention category included three ADAS 
technologies: Forward collision warning, crash imminent braking, and 
dynamic brake support (FCW, CIB, and

[[Page 13457]]

DBS, respectively). The lane keeping category included lane departure 
warning (LDW), lane keeping support (LKS),\24\ and lane centering 
assist (LCA). The blind spot detection category included blind spot 
warning (BSW),\25\ blind spot intervention (BSI), and lane change/merge 
warning. The forward pedestrian impact avoidance category included 
pedestrian automatic emergency braking (PAEB). Lastly, the backing 
collision avoidance category included rear automatic braking (RAB) and 
rear cross-traffic alert (RCTA). These ADAS technologies are 
characterized as SAE International (SAE) Level 0-1 \26\ driving 
automation systems.
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    \24\ The study uses the term ``lane keeping assist'' (LKA), but 
NCAP terminology differs. NCAP uses the term ``lane keeping 
support'' throughout this document instead.
    \25\ Similarly, the study uses the term ``blind spot detection'' 
(BSD) but NCAP uses the term blind spot warning (BSW) throughout 
this document instead.
    \26\ SAE International (2018), Taxonomy and definitions for 
terms related to driving automation systems for on-road motor 
vehicles (SAE J3016). Level 0: No Automation--The full-time 
performance by the human driver of all aspects of the dynamic 
driving task, even when enhanced by warning or intervention systems. 
Level 1: Driver Assistance--The driving mode-specific execution by a 
driver assistance system of either steering or acceleration/
deceleration using information about the driving environment and 
with the expectation that the human driver performs all remaining 
aspects of the dynamic driving task.
---------------------------------------------------------------------------

    NHTSA derived target crash populations for each of the five 
technology categories using 2011 to 2015 Fatality Analysis Reporting 
System (FARS) and National Automotive Sampling System General Estimates 
System (NASS GES) data sets, which serve as records of police-reported 
fatal and non-fatal crashes, respectively, on the nation's roads. For a 
given technology category, we compiled data for each of the 
corresponding pre-crash scenarios to generate target crash populations 
surrounding the number of crashes, fatalities, non-fatal injuries, and 
property-damage-only vehicles (PDOVs).\27\ See Table 1 for a breakdown 
of target crash populations for each technology category.
---------------------------------------------------------------------------

    \27\ PDOVs are vehicles damaged in non-injury-producing crashes 
(i.e., crashes in which vehicles only incur property damage and no 
occupants incur injury).
    \28\ Defined as reverse automatic braking in DOT HS 812 653.

                             Table 1--Summary of Target Crashes by Technology Group
----------------------------------------------------------------------------------------------------------------
       Safety systems               Crashes             Fatalities       MAIS 1-5 injuries          PDOVs
----------------------------------------------------------------------------------------------------------------
1. FCW/DBS/CIB..............    1,703,541 (29.4%)         1,275 (3.8%)      883,386 (31.5%)    2,641,884 (36.3%)
2. LDW/LKA/LCA..............    1,126,397 (19.4%)       14,844 (44.3%)      479,939 (17.1%)      863,213 (11.9%)
3. BSW/BSI/LCM..............       503,070 (8.7%)           542 (1.6%)       188,304 (6.7%)      860,726 (11.8%)
4. PAEB.....................       111,641 (1.9%)        4,106 (12.3%)       104,066 (3.7%)         6,985 (0.1%)
5. RAB/RvAB \28\ RCTA.......       148,533 (2.6%)            74 (0.2%)        35,268 (1.3%)       231,317 (3.2%)
    Combined................       3,593,18 (62%)       20,841 (62.2%)    1,690,963 (60.3%)    4,604,125 (63.3%)
----------------------------------------------------------------------------------------------------------------

    It is important to note that target crash populations for the five 
technology categories covered 62 percent of all crashes. Crossing path 
crashes, which also represented a large crash population and a 
significant number of fatalities, were not part of our analysis because 
we are not aware of a currently available ADAS technology that can 
effectively mitigate this crash type.\29\ However, there are emerging 
safety countermeasures that hold potential to address some portion of 
these crashes in the future and these technologies will be considered 
for NCAP as they mature. These include intersection safety assist (ISA) 
systems that use onboard sensors with a wide field of view (e.g., 
cameras, lidar, radar) as well as vehicle communications systems.\30\ 
\31\ Loss-of-control in single-vehicle crashes \32\ also had a 
relatively high target population and fatality rate,\33\ but were not 
included because, aside from electronic stability control (ESC) 
systems, which are mandated,\34\ the Agency is not aware of an ADAS 
technology that effectively prevents this crash type and also meets 
NHTSA's criteria for inclusion in NCAP at this time.\35\
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    \29\ In its 2019 report, Volpe found that of the 5,480,886 light 
vehicle crashes occurring from 2011 through 2015, crossing path 
crashes, which totaled 1,131,273, represented 21 percent of all 
light vehicle crashes and 16 percent (3,972) of all fatalities 
(25,350).
    \30\ NHTSA recognizes that ISA systems are currently available 
on a small number of light vehicles. However, preliminary NHTSA 
testing has shown that current-generation ISA systems have only 
limited capabilities and therefore would not effectively mitigate 
intersection-related crashes at this time--which is one of the 
requirements in the four prerequisites for inclusion in NCAP.
    \31\ Vehicle-to-vehicle (V2V) and vehicle-to-everything (V2X) 
technologies have the potential to address crossing path crashes, 
but, while NHTSA remains strongly interested in these technologies, 
they are not included in the current roadmap. NHTSA is continuing to 
consider the various issues that bear upon the deployment path of 
V2X, including technological evolution and regulatory changes to the 
radio spectrum environment.
    \32\ Crash scenarios were categorized by the first sequence of a 
crash event. Target crashes for a technology (e.g., lane-keeping 
crashes) were a collective of crash scenarios that are relevant to 
the technology. The Loss-of-control in single-vehicle scenario was 
defined as crashes where the first event was initiated by a 
passenger vehicle, and the event was coded as jackknife or traction 
loss. This crash scenario is mutually exclusive from those included 
in the lane-keeping crashes.
    \33\ Loss-of-control in single-vehicle crashes are about 1% of 
crashes and associated with 3% of fatalities.
    \34\ Federal Motor Vehicle Safety Standard No. 126.
    \35\ In its 2019 report, Volpe categorized 9 percent (470,733) 
of all light vehicle crashes (5,480,886) occurring from 2011 through 
2015 as control loss crashes. Furthermore, 18 percent (4,456) of all 
fatal crashes (25,350) were due to control loss.
---------------------------------------------------------------------------

    Of the pre-crash typologies included in NHTSA's March 2019 study, 
rear-end collisions were found to be the most common crash type with an 
annual average of 1,703,541 crashes. Rear-end collisions represented 
29.4 percent of all annual crashes (5,799,883), followed by lane 
keeping typologies (1,126,397 crashes or 19.4 percent), and those 
relating to blind spot detection (503,070 crashes or 8.7 percent). 
Backing crashes (148,533) represented 2.6 percent of all crashes, 
followed by forward pedestrian crashes (111,641) at 1.9 percent.
    Rear-end collisions also had the highest number of Maximum 
Abbreviated Injury Scale (MAIS) \36\ 1-5 injuries at 883,386, which 
represented 31.5 percent of all non-fatal injuries (2,806,260) in Table 
A-1. Lane keeping crashes had the second highest number of injuries at 
479,939 (17.1 percent), as shown in Table A-2, and blind spot crashes 
had the third highest at 188,304 (6.7 percent), as shown in Table A-3. 
These typologies were followed by forward pedestrian crashes at 3.7

[[Page 13458]]

percent and backing crashes at 1.3 percent, as shown in Table A-4.\37\ 
\38\
---------------------------------------------------------------------------

    \36\ The Abbreviated Injury Scale (AIS) is a classification 
system for assessing impact injury severity developed and published 
by the Association for the Advancement of Automotive Medicine and is 
used for coding single injuries, assessing multiple injuries, or for 
assessing cumulative effects on more than one injury. AIS ranks 
individual injuries by body region on a scale of 1 to 6 where 1 = 
minor, 2 = moderate, 3 = serious, 4 = severe, 5 = critical, and 6 = 
maximum (untreatable). MAIS represents the maximum injury severity, 
or AIS level, recorded for an occupant (i.e., the highest single AIS 
for a person with one or more injuries). MAIS 0 means no injury.
    \37\ The study uses the term ``impacts'' but for consistency 
purposes, NCAP uses the term ``crashes'' in this paragraph.
    \38\ The Agency notes that the highest number of serious 
injuries (i.e., MAIS 3-5 injuries) were recorded for lane keeping 
crashes (21,282 or 0.76 percent of all non-fatal injuries), followed 
by rear-end crashes (17,918 or 0.64 percent), forward pedestrian 
crashes (5,973 or 0.21 percent), blind spot crashes (3,476 or 0.12 
percent), and backing crashes (454 or 0.02 percent).
---------------------------------------------------------------------------

    NHTSA found that the lane keeping technology category, represented 
by rollover, lane departure, and road departure crashes, included the 
highest number of fatalities: 14,844, or 44.3 percent of all fatalities 
(33,477), as shown in Table A-2. This was followed by the forward 
pedestrian impact category, which included 4,106 pedestrian fatalities 
(12.3 percent), as shown in Table A-4. The forward collision prevention 
category, made up of rear-end crashes, included 1,275 fatalities (3.8 
percent), as shown in Table A-1.\39\ The blind spot detection 
technology category, represented by lane change/merge crashes, 
accounted for 1.6 percent of all fatalities, as shown in Table A-3. 
This was followed by backing crashes at 0.2 percent, as shown in Table 
A-5, which defined the backing collision avoidance category. The Agency 
notes that forward pedestrian crashes, which comprised the forward 
pedestrian impact category, ranked second highest for fatalities, and 
were the deadliest based on frequency of fatalities per crash.
---------------------------------------------------------------------------

    \39\ Similarly, the study uses the term ``impacts'' but for 
consistency purposes, NCAP uses the term ``crashes'' in this 
paragraph.
---------------------------------------------------------------------------

    In selecting the ADAS technologies to include in this proposal, the 
Agency wanted not only to target the most frequently occurring crash 
types, but also prioritize the most fatal and highest risk crashes. 
Based on the target crash populations studied, NHTSA believes that 
those represented by the forward collision prevention, lane keeping, 
blind spot detection, and forward pedestrian impact technology 
categories account for the most significant safety need.
    The Agency notes that ADAS technologies representing the backing 
collision avoidance category (i.e., RAB, RvAB, and RCTA) are not being 
proposed for this program update. The backing collision avoidance 
category did not appear in the top third for number of crashes, number 
of fatalities, or number of MAIS 1-5 injuries. This may be due, in 
part, to the fact that a significant part of this crash target 
population is addressed by FMVSS No. 111, ``Rear visibility.'' \40\ The 
Agency needs additional time to assess all available real-world data 
and study the effects of the recent full implementation of FMVSS No. 
111 prior to considering adoption of ADAS technologies designed to 
prevent backing crashes in NCAP. Furthermore, while the Agency 
acknowledges that it previously proposed adding rear automatic braking 
(RAB) to NCAP in the December 2015 notice, it is continuing to make 
changes to the RAB test procedure published in support of that proposal 
to address the comments received. Thus, it is not proposing to add this 
technology to NCAP at this time. The Agency may propose adding to NCAP 
ADAS technologies that address the backing pre-crash typologies as the 
Agency continues to analyze the real-world data and refine test 
procedure revisions.
---------------------------------------------------------------------------

    \40\ 49 CFR 571.111. See 79 FR 19177 (Apr. 07, 2014).
---------------------------------------------------------------------------

    Units of measure contained within this notice include meters (m), 
kilometers (km), millimeters per second (mm/s), meters per second (m/
s), kilometers per hour (kph), feet (ft.), inches per second (in./s), 
feet per second (ft./s), miles per hour (mph), seconds (s), and 
kilograms (kg).

A. Lane Keeping Technologies

    A study of the 2005 through 2007 fatal crashes \41\ from the 
National Motor Vehicle Crash Causation Study (NMVCCS) \42\ identified 
that 42 percent of lane departure crashes (i.e., where the driver left 
the lane of travel prior to the crash) resulted in a rollover and 37 
percent resulted in an opposite direction crash.
---------------------------------------------------------------------------

    \41\ Wiacek, C., Fikenscher, J., Forkenbrock, G., Mynatt, M., & 
Smith, P. (2017), Real-world analysis of fatal run-out-of-lane 
crashes using the National Motor Vehicle Crash Causation Survey to 
assess lane keeping technologies, 25th International Conference on 
the Enhanced Safety of Vehicles, Detroit, Michigan. June 2017, Paper 
Number 17-0220.
    \42\ The National Motor Vehicle Crash Causation Survey (NMVVCS) 
was a nationwide survey of 5,471 crashes involving light passenger 
vehicles, with a focus on factors related to pre-crash events, which 
were investigated by the U.S. Department of Transportation and NHTSA 
over a 2.5-year period from July 3, 2005, to December 31, 2007.
---------------------------------------------------------------------------

    After analyzing NHTSA's 2019 target population study, NHTSA 
believes that lane keeping technologies such as lane departure warning 
(LDW), lane keeping support (LKS), and lane centering assist (LCA), can 
address ten pre-crash scenarios including the prevention or mitigation 
of roadway departures and crossing the centerline or median (i.e., 
opposite direction crashes). These pre-crash scenarios represented on 
average 1.13 million crashes annually or 19.4 percent of all crashes 
that occurred on U.S. roadways, and resulted in 14,844 fatalities and 
479,939 MAIS 1-5 injuries, as shown in Table A-2. This equals 44.3 
percent of all fatalities and 17.1 percent of all injuries 
recorded.\43\ \44\
---------------------------------------------------------------------------

    \43\ Wang, J.-S. (2019, March), Target crash population for 
crash avoidance technologies in passenger vehicles (Report No. DOT 
HS 812 653), Washington, DC: National Highway Traffic Safety 
Administration.
    \44\ When only serious injuries (i.e., MAIS 3-5 injuries) were 
considered, lane keeping crashes represented the highest number of 
non-fatal injuries (21,282 or 0.76 percent of all non-fatal 
injuries), followed by rear-end crashes (17,918 or 0.64 percent), 
forward pedestrian crashes (5,973 or 0.21 percent), blind spot 
crashes (3,476 or 0.12 percent), and backing crashes (454 or 0.02 
percent).
---------------------------------------------------------------------------

    NCAP currently provides information on the performance of LDW, one 
of the lane keeping ADAS technologies. LDW was introduced in the 
program in 2010 for model year 2011 vehicles.\45\ At the time, the 
fitment rate for LDW was less than 0.2 percent. In model year 2018, it 
was 30.1 percent.\46\ Although the adoption rate for LDW has increased 
over this period, it has not increased as significantly as the fitment 
rate for forward collision warning (FCW), which saw an approximate 40 
percent increase over the same time period. A possible explanation 
regarding the lower fitment rate for LDW will be discussed in the next 
section. A second lane keeping ADAS technology that the Agency believes 
is appropriate for inclusion in NCAP is LKS. NHTSA believes that LKS 
may provide additional safety benefits that LDW cannot and may more 
effectively address the number of fatalities and injuries related to 
lane departure crashes.
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    \45\ 73 FR 40016 (July 11, 2008).
    \46\ Wang, J.-S. (2019, March), Target crash population for 
crash avoidance technologies in passenger vehicles (Report No. DOT 
HS 812 653), Washington, DC: National Highway Traffic Safety 
Administration.
---------------------------------------------------------------------------

1. Updating Lane Departure Warning (LDW)
    Lane departure warning is a NHTSA-recommended technology that is 
currently included in NCAP to mitigate lane departure crashes. LDW 
systems are used to help prevent crashes that result when a driver 
unintentionally allows a vehicle to drift out of its lane of travel. 
These systems often use camera-based sensors to detect lane markers, 
such as solid lines (including those marked for bike lanes), dashed 
lines, or raised reflective indicators such as Botts' Dots, ahead of 
the vehicle.\47\ Lane departure alerts are presented to the driver when 
the system detects that the vehicle is laterally approaching or 
crossing the lane markings. The alert may be visual, audible, and/or 
haptic in

[[Page 13459]]

nature. Visual alerts may show which side of the vehicle is departing 
the lane, and haptic alerts may be presented as steering wheel or seat 
vibrations to alert the driver. It is expected that an LDW alert will 
warn the driver of the unintentional lane shift so the driver can steer 
the vehicle back into its lane. When a turn signal is activated, the 
LDW system acknowledges that the lane change is intentional and does 
not alert the driver.
---------------------------------------------------------------------------

    \47\ Note that performance of LDW systems may be adversely 
affected by precipitation or poor roadway conditions due to 
construction, unmarked intersections, faded/worn/missing lane 
markings, markings covered with water, etc.
---------------------------------------------------------------------------

    As NHTSA continues its assessment of LDW systems under NCAP, it 
plans to use the current NCAP test procedure titled, ``Lane Departure 
Warning System Confirmation Test and Lane Keeping Support Performance 
Documentation,'' dated February 2013.\48\ This protocol assesses the 
system's ability to issue an alert in response to a driving situation 
intended to represent an unintended lane departure and to quantify the 
test vehicle's position relative to the lane line at the time of the 
LDW alert. In NCAP's LDW tests, a test vehicle is accelerated from rest 
to a test speed of 72.4 kph (45 mph) while travelling in a straight 
line parallel to a single lane line comprised of one of three marking 
types: Continuous white lines, discontinuous (i.e., dashed) yellow 
lines, or discontinuous raised pavement markers (i.e., Botts' Dots). 
The test vehicle is driven such that the centerline of the vehicle is 
approximately 1.8 m (6 ft.) from the lane edge. This path must be 
maintained, and the test speed must be achieved, at least 61.0 m (200 
ft.) prior to the start gate. Once the driver reaches the start gate, 
he or she manually inputs sufficient steering to achieve a lane 
departure with a target lateral velocity of 0.5 m/s (1.6 ft./s) with 
respect to the lane line. The driver of the vehicle does not activate 
the turn signal at any point during the test and does not apply any 
sudden inputs to the accelerator pedal, steering wheel, or brake pedal. 
The test vehicle is driven at constant speed throughout the maneuver. 
The test ends when the vehicle crosses at least 0.5 m (1.7 ft.) over 
the edge of the lane line marking. The scenario is performed for two 
different departure directions, left and right, and for all three lane 
marking types, resulting in a total of six test conditions. Five 
repeated trials runs are performed per test condition.
---------------------------------------------------------------------------

    \48\ National Highway Traffic Safety Administration. (2013, 
February). Lane departure warning system confirmation test and lane 
keeping support performance documentation. See <a href="http://www.regulations.gov">http://www.regulations.gov</a>, Docket No. NHTSA-2006-26555-0135.
---------------------------------------------------------------------------

    LDW performance for each test trial is evaluated by examining the 
proximity of the vehicle with respect to the edge of a lane line at the 
time of the LDW alert. The LDW alert must not occur when the lateral 
position of the vehicle, represented by a two-dimensional polygon,\49\ 
is greater than 0.8 m (2.5 ft.) from the inboard edge of the lane line 
(i.e., the line edge closest to the vehicle when the lane departure 
maneuver is initiated), and must occur before the lane departure 
exceeds 0.3 m (1 ft.). To pass the test, the LDW system must satisfy 
the pass criteria for three of the first five valid individual trials 
\50\ for each combination of departure direction and lane line type (60 
percent) and for 20 of the 30 trials overall (66 percent).
---------------------------------------------------------------------------

    \49\ The two-dimensional polygon is defined by the vehicle's 
axles in the X-direction (fore-aft), the outer edge of the vehicle's 
tire in the Y-direction (lateral), and the ground in the Z-direction 
(vertical).
    \50\ Trial or test trial is a test among a set of tests 
conducted under the same test conditions (including test speed) with 
the same subject vehicle.
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    NCAP's LDW test conditions represent pre-crash scenarios that 
correspond to a substantial portion of fatalities and injuries observed 
in real-world lane departure crashes. In its independent review of the 
2011-2015 FARS and GES data sets, Volpe showed that approximately 40 
and 30 percent of fatalities in fatal road departure and opposite 
direction crashes, respectively, occurred when the posted speed was 
72.4 kph (45 mph) or less.\51\ Similarly, the data indicated 64 and 63 
percent of injuries resulted from road departure and opposite direction 
crashes, respectively, that occurred when the posted speed was 72.4 kph 
(45 mph) or less.
---------------------------------------------------------------------------

    \51\ Swanson, E., Foderaro, F., Yanagisawa, M., Najm, W.G., & 
Azeredo, P. (2019, August), Statistics of light-vehicle pre-crash 
scenarios based on 2011-2015 national crash data (Report No. DOT HS 
812 745), Washington, DC: National Highway Traffic Safety 
Administration.
---------------------------------------------------------------------------

    Although travel speed was unknown or not reported for a high 
percentage of crashes in FARS and GES,\52\ when travel speed was 
reported, approximately 6 and 9 percent of fatal road departure and 
opposite direction crashes, respectively, occurred at travel speeds of 
72.4 kph (45 mph) or less. Likewise, the data showed 22 and 25 percent 
of the police-reported non-fatal road departure and opposite direction 
crashes, respectively, occurred at 72.4 kph (45 mph) or less. Volpe's 
data review indicates that speeding is prevalent in lane departure 
relevant pre-crash scenarios, but most road departure- and opposite 
direction-related fatalities and injuries did not occur on highways. 
For instance, 79 percent of road departure-related fatal crashes and 89 
percent of road departure-related police-reported injuries occurred on 
roads that were not highways. Similarly, for opposite direction-related 
crashes, 87 percent of fatalities and 98 percent of injuries did not 
occur on highways. Because highway driving speeds are on average much 
higher than non-highway speeds, the Volpe data about a high percentage 
of crashes occurring at speeds under 72.4 kph (45 mph) appears 
accurate. The test speed of 72.4 kph (45 mph) appears to address a 
large portion of the travel speeds where the crashes are occurring.
---------------------------------------------------------------------------

    \52\ For road departure crashes, 63 and 68 percent of the travel 
speed data, respectively, is unknown or not reported in FARS and 
GES. For opposite direction crashes, 65 and 67 percent of the data, 
respectively, is unknown or not reported in FARS and GES.
---------------------------------------------------------------------------

    Furthermore, 62 percent of road departure-related fatalities and 76 
percent of road departure-related injuries occurred on straight roads, 
thereby aligning with NCAP's test procedure. For opposite direction-
related crashes, 69 percent of fatalities and 67 percent of police-
reported injuries occurred on straight roads.
    In its December 2015 notice,\53\ NHTSA expressed concern that the 
safety benefits afforded by LDW technology were being diminished due to 
false activations. Several studies referenced in that notice had found 
that drivers were choosing to disable their vehicle's LDW system 
because it was issuing alerts too frequently. The Agency was also 
concerned about missed detections resulting from tar lines reflecting 
sun light or covered with water and other unforeseen anomalies that 
cause unreliable driver warnings. To address these issues and improve 
consumer acceptance, NHTSA requested comment in 2015 on whether to 
revise certain aspects of NCAP's LDW test procedure. Specifically, the 
Agency solicited comment on whether it is feasible to (1) award NCAP 
credit to LDW systems that only provide haptic alerts, and (2) develop 
additional test scenarios to address false activations and missed 
detections. The Agency also proposed to tighten the inboard lane 
tolerance for its LDW test procedure from 0.8 to 0.3 m (2.5 to 1.0 
ft.). In doing this, an LDW alert could only occur within a window of 
+0.3 to -0.3 m (+1.0 to -1.0 ft.) with respect to the inside edge of 
the lane line to pass NCAP's LDW procedure. This proposal effectively 
increased the space in which a vehicle could operate within a lane 
before triggering of an LDW alert was permitted. Each of these topics 
are

[[Page 13460]]

discussed in detail in the sections that follow.
---------------------------------------------------------------------------

    \53\ 80 FR 78522 (Dec. 16, 2015).
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a. Haptic Alerts
    With respect to haptic warnings, NHTSA mentioned in its December 
2015 notice that these alerts may offer greater consumer acceptance 
compared to audible alerts, and thus improve the effectiveness of LDW 
alerts if the driver does not view the alerts as a nuisance and 
disengage the system. In response to the notice, commenters generally 
did not support a haptic alert requirement. Some commenters suggested 
that requiring a specific feedback type would unnecessarily limit the 
manufacturer's flexibility to issue warnings to the driver, 
particularly when considering the potential effectiveness of different 
feedback types and the need to optimize human-machine interface (HMI) 
designs to address a suite of ADAS. Bosch suggested the Agency should 
allow all warning options to promote the availability of such systems 
in a greater number of vehicles, which should ultimately increase 
consumer awareness and encourage vehicle safety improvements. Advocates 
stated that the Agency should provide details on the effectiveness of 
the different types of sensory feedback (visual, auditory, haptic) to 
justify its decision to encourage one warning type over another. 
Consumers Union (CU) suggested awarding credit for all LDW feedback 
types and awarding additional points or credit for haptic alerts to 
encourage this feedback type in the future. The Automotive Safety 
Council (ASC) acknowledged that haptic warnings may improve driver 
acceptance of LDW systems but suggested that false activations must 
also be reduced to realize improved consumer acceptance and additional 
safety benefits.
    In a large-scale telematics-based study conducted by UMTRI \54\ for 
NHTSA on LDW usage, researchers investigated driver behavior in 
reaction to alerts. Two types of vehicles were included in the study: 
Vehicles with audible-only alerts and vehicles where the driver had the 
option to select either an audible or haptic alert. When the latter was 
available, the driver selected the haptic warning 90 percent of the 
time. Otherwise, the LDW system was turned ``off'' 38 percent of the 
time and thus was not providing alerts. For the system that only 
provided the audible warning, the LDW was turned ``off'' 71 percent of 
the time.
---------------------------------------------------------------------------

    \54\ Flannagan, C., LeBlanc, D., Bogard, S., Nobukawa, K., 
Narayanaswamy, P., Leslie, A., Kiefer, R., Marchione, M., Beck, C., 
and Lobes, K. (2016, February), Large-scale field test of forward 
collision alert and lane departure warning systems (Report No. DOT 
HS 812 247), Washington, DC: National Highway Traffic Safety 
Administration.
---------------------------------------------------------------------------

    Based on the findings from the UMTRI's research, NHTSA concludes 
that haptic alerts improve driver acceptance of LDW systems. However, 
the Agency is not certain if an increase in driver acceptance will 
translate to an improvement in the overall efficacy of the LDW system 
in reducing crashes. Furthermore, NHTSA does not want to hinder 
optimization of HMI designs given the increasing number of ADAS 
technologies available in vehicles today. Therefore, the Agency has 
decided not to require a specific alert modality for LDW warnings in 
its related NCAP test procedure at this time, but is requesting comment 
on whether this decision is appropriate. Although NHTSA has limited 
data on the effectiveness of the various alert types, it has some 
concern (similar to the one raised for FCW) that certain LDW systems, 
such as those that may provide only a visual alert, may be less 
effective than other alert options in medium or high urgency 
situations.\55\
---------------------------------------------------------------------------

    \55\ Lerner, N., Robinson, E., Singer, J., Jenness, J., Huey, 
R., Baldwin, C., & Fitch, G. (2014, September), Human factors for 
connected vehicles: Effective warning interface research findings 
(Report No. DOT HS 812 068), Washington, DC: National Highway 
Traffic Safety Administration.
---------------------------------------------------------------------------

b. False Positive Tests
    In responding to the 2015 RFC, vehicle manufacturers and suppliers 
asserted that additional false positive test requirements were not 
needed even though they acknowledged NHTSA's concern regarding the 
effect of nuisance alerts on consumer acceptance. Specifically, the 
Alliance \56\ stated that vehicle manufacturers will optimize their 
systems to minimize false positive activations for consumer acceptance 
purposes, and thus such tests will not be necessary. Similarly, Honda 
stated that vehicle manufacturers must already account for false 
positives when considering marketability and HMI. The manufacturer also 
indicated that it would be difficult for the Agency to create a valid 
false positive test procedure that is robust and repeatable. Mobileye, 
Bosch, and MTS Systems Corporation (MTS) also agreed. In fact, Mobileye 
explained that it would be hard to reproduce the exact test conditions, 
especially with respect to weather, over multiple test locations. Also, 
Bosch stated that the specialized tests required to address the 
Agency's concern may not be truly representative of all real-world 
driving situations that the system encounters. MTS suggested that, 
alternatively, a new test could be added to NCAP's LDW test procedure 
that would evaluate whether an LDW system can inform the driver that it 
is no longer able to issue warnings due to poor environmental 
conditions or other reasons.
---------------------------------------------------------------------------

    \56\ After submitting individual comments on the 2015 RFC, the 
Alliance and Global Automakers merged to form the Alliance for 
Automotive Innovation. This document addresses the individual 
comments from the organizations that were then the Alliance and 
Global Automakers.
---------------------------------------------------------------------------

    Given the concerns expressed regarding repeatability and 
reproducibility of test conditions, and the fact that the Agency's data 
do not currently support adoption of a false positive assessment for 
lane keeping technologies, NHTSA continues to monitor the consumer 
complaint data related to false positives to help inform an appropriate 
next step.
    With respect to the recommendation from MTS, the Agency recognizes 
that vehicle manufacturers install LDW telltales on the instrument 
panel that illuminate to inform drivers when the system is operational. 
The systems are typically operational when the vehicle's travel speed 
has reached a preset activation threshold speed and the lane markings 
and environmental conditions are appropriate. The telltale will 
disappear if those conditions are not met to inform the driver that the 
system is no longer operational. In such a state, the system will not 
provide an alert if the vehicle departs the travel lane. Given this 
feature, NHTSA has decided a test to inform the driver that the system 
is no longer issuing warnings is unnecessary at this time.
c. LDW Test Procedure Modifications
    Support was varied with respect to NHTSA's proposal in the December 
2015 notice to modify the LDW test requirements to reduce the leeway 
for system activation inside of a lane line from 0.8 to 0.3 m (2.5 to 
1.0 ft.). Global Automakers stated that the proposed change was 
``unduly prescriptive'' and recommended that the Agency retain the 
existing lane line tolerance. The organization explained that research 
showed 90 percent of drivers needed 1.2 s to react to a warning.\57\ 
Citing NCAP's LDW test procedure, which requires a steering input 
having a target lateral velocity of 0.5 to 0.6 m/s (1.6 to 2 ft./s), 
the trade association remarked that this requirement equates to a 
necessary warning distance of 0.6 to 0.72 m (1.9 to 2.4 ft.) to ensure 
that 90 percent of drivers can react in time to prevent a

[[Page 13461]]

lane departure. Advocates agreed that nuisance notifications are a 
concern for driver acceptance, but noted that the Agency provided 
little information about the effectiveness of LDW systems meeting the 
proposed criteria. Conversely, Delphi, ASC, and MTS commented that some 
of the more robust systems that are currently available should be able 
to comply with the narrower specification. However, ASC suggested that 
the Agency may want to evaluate the impact of the proposed changes 
before finalizing the requirements to ensure that narrowing the lane 
line tolerances translates to a reduction in false positive alerts, and 
thus higher consumer acceptance for LDW systems. Mobileye stated that 
the tolerance reduction should increase the required accuracy and 
quality of lane keeping systems. MTS remarked that systems meeting the 
tighter specification will produce higher driver satisfaction, and, in 
turn, system use, compared to those that meet only the current 
requirements. Hyundai Motor Company (Hyundai) also supported the 
tolerance revision. Consumers Union (CU) agreed with others that the 
narrowed lateral tolerance should reduce the issuance of false alerts 
on main roadways but cautioned the Agency that this change may not 
effectively address false alerts on secondary or curved roads, as 
vehicles not only tend to approach within one foot of lane lines, but 
also may cross them. The group suggested that false alert conditions be 
subject to speed limitations or GPS-based position sensors to avoid 
``over activation'' on secondary or curved roads.
---------------------------------------------------------------------------

    \57\ Tanaka, S., Mochida, T., Aga, M., & Tajima, J. (2012, April 
16). Benefit Estimation of a Lane Departure Warning System using 
ASSTREET. SAE Int. J. Passeng. Cars--Electron. Electr. Syst. 
5(1):133-145, 2012, <a href="https://doi.org/10.4271/2012-01-0289">https://doi.org/10.4271/2012-01-0289</a>.
---------------------------------------------------------------------------

    Given NHTSA's goal of reducing nuisance notifications to increase 
consumer acceptance of LDW systems and the statements from several 
commenters that current LDW systems can meet the proposed reduced test 
specification, the Agency believes it is reasonable to propose adopting 
the reduced inboard lane tolerance of 0.3 m (1.0 ft.).
    In addition to the comments received pertaining to the lane line 
tolerance, the Agency also received several suggestions to adopt 
additional test scenarios for NCAP's LDW test procedure or make 
alternative procedural modifications. Similar to CU's suggestion above 
for curved roads, Mobileye suggested that NHTSA add inner and outer 
curve scenarios that allow a larger tolerance for the inner lane 
boundary than that permitted on a straight road. The company further 
recommended that the Agency add road edge detection scenarios, 
including curbs and non-structural delimiters such as gravel or dirt, 
to reflect real-world conditions and crash scenarios more accurately. 
Similarly, Bosch suggested that NHTSA consider introducing road edge 
detection requirements in addition to lane markings since not all roads 
have lane markings. Additionally, Mobileye suggested that NHTSA alter 
the Botts' Dots detail #4 (Botts dots are round, raised markers that 
mark lanes) to align with California detail #13, which is more common, 
and modify the test procedure to include Botts' Dots on both sides of 
the lane or Botts' Dots and a solid line, as these are the most 
frequently observed marking pairings.
    The Agency appreciates suggestions from commenters and agrees that 
there is merit to considering other procedural modifications for NCAP's 
lane departure test procedure(s). As will be discussed in the next 
section, the Agency is planning to conduct a feasibility study to 
determine whether curved roads can be considered for inclusion in NCAP 
test procedures to evaluate LKS systems objectively. NHTSA also plans 
to perform research to assess how lane keeping system performance on a 
test track compares to real-world data for different combinations of 
curve radius, vehicle speed, and departure timing. Additionally, the 
Agency recognizes that the European NCAP program (Euro NCAP) has 
adopted a road edge detection test that is conducted in a similar 
manner to their ``lane keep assist'' tests (described in the next 
section), but the road edge detection test does not use lane markings. 
Although NHTSA believes the number of vehicles equipped with an ability 
to recognize and respond to road edges not defined with a lane line is 
presently low, it has identified roadways where this capability could 
prevent crashes. Therefore, the Agency is requesting comment on whether 
a road edge detection test for either LDW and/or LKS is appropriate for 
inclusion in NCAP. In consideration of the lane markings currently 
assessed, the Agency proposes to remove the Botts' Dots test scenario 
from the current LDW test, as the lane marking type is being removed 
from use in California.\58\ At this time, the Agency believes the 
traditional dashed and solid lane marking tests would be sufficient.
---------------------------------------------------------------------------

    \58\ Winslow, J. (2017, May 19), Botts' Dots, after a half-
century, will disappear from freeways, highways, The Orange County 
Register, <a href="https://www.ocregister.com/2017/05/19/botts-dots-after-a-half-century-will-disappear-from-freeways-highways/">https://www.ocregister.com/2017/05/19/botts-dots-after-a-half-century-will-disappear-from-freeways-highways/</a>.
---------------------------------------------------------------------------

    Although NHTSA has tentatively decided not to adopt additional 
false activation requirements for this NCAP upgrade, the Agency is 
still concerned about the low effectiveness of LDW and its lack of 
consumer acceptance stemming from nuisance alerts and missed 
detections.
    When NHTSA decided to include ADAS in the NCAP program in 2008,\59\ 
LDW was selected because it met NCAP's four established criteria: (1) 
The technology addressed a major crash problem; (2) the system design 
of LDW had the potential to mitigate the crash problem; (3) safety 
benefits were projected, and (4) test procedures and evaluation 
criteria were available to ensure an acceptable performance level. At 
the time, the Agency estimated that existing LDW systems were 6 to 11 
percent effective in preventing lane departure crashes. Although the 
system's effectiveness was relatively low, NHTSA cited the large number 
of road departure and opposite direction crashes occurring on the 
nation's roadways as well as the resulting AIS 3+ injuries, as reasons 
to include LDW in NCAP. Several recent studies have provided varying 
results with respect to LDW effectiveness.
---------------------------------------------------------------------------

    \59\ 73 FR 40033 (July 11, 2008).
---------------------------------------------------------------------------

    In a 2017 study,\60\ the Insurance Institute for Highway Safety 
(IIHS) concluded that LDW systems were effective in reducing three 
types of passenger car crashes (single-vehicle, side-swipes, and head-
on) by 11 percent, which is the same rate NHTSA originally estimated. 
Importantly, IIHS also concluded that LDW systems reduce injuries in 
those same types of crashes by 21 percent. In its recent study of real-
world effectiveness of crash avoidance technologies in GM vehicles,\61\ 
UMTRI found that LDW systems showed a 3 percent reduction for 
applicable crashes that was determined to be not statistically 
significant. Conversely, the active safety technology, LKS (which also 
included lane departure warning capability), showed an estimated 30 
percent reduction in applicable crashes.
---------------------------------------------------------------------------

    \60\ Insurance Institute for Highway Safety (2017, August 23), 
Lane departure warning, blind spot detection help drivers avoid 
trouble, <a href="https://www.iihs.org/news/detail/stay-within-the-lines-lane-departure-warning-blind-spot-detection-help-drivers-avoid-trouble">https://www.iihs.org/news/detail/stay-within-the-lines-lane-departure-warning-blind-spot-detection-help-drivers-avoid-trouble</a>.
    \61\ Flannagan, C. and Leslie, A., Crash Avoidance Technology 
Evaluation Using Real-World Crashes, DTHN2216R00075 Vehicle 
Electronics Systems Safety IDIQ, The University of Michigan 
Transportation Research Institute Final Report, March 22, 2018.
---------------------------------------------------------------------------

    Other studies that examined driver deactivation rates also suggest 
that LDW effectiveness may be lower than originally estimated. In a 
survey of Honda vehicles brought into Honda

[[Page 13462]]

dealerships for service,\62\ IIHS researchers found that for 184 models 
equipped with an LDW system, only a third of the vehicles had the 
system activated. Furthermore, in its telematics-based study on LDW 
usage,\63\ UMTRI found that, overall, drivers turned off LDW systems 50 
percent of the time. However, in Consumer Reports' August 2019 survey 
of more than 57,000 CR subscribers, the organization found that 73 
percent of vehicle owners reported that they were satisfied with LDW 
technology. In fact, 33 percent said that the system had helped them 
avoid a crash, and 65 percent said that they trusted the system to work 
every time.\64\
---------------------------------------------------------------------------

    \62\ Insurance Institute for Highway Safety (2016, January 28), 
Most Honda owners turn off lane departure warning, Status Report, 
Vol. 51, No. 1, page 6.
    \63\ Flannagan, C., LeBlanc, D., Bogard, S., Nobukawa, K., 
Narayanaswamy, P., Leslie, A., Kiefer, R., Marchione, M., Beck, C., 
and Lobes, K. (2016, February), Large-scale field test of forward 
collision alert and lane departure warning systems (Report No. DOT 
HS 812 247), Washington, DC: National Highway Traffic Safety 
Administration.
    \64\ Consumer Reports (2019, August 5), Guide to lane departure 
warning & lane keeping assist: Explaining how these systems can keep 
drivers on the right track, <a href="https://www.consumerreports.org/car-safety/lane-departure-warning-lane-keeping-assist-guide/">https://www.consumerreports.org/car-safety/lane-departure-warning-lane-keeping-assist-guide/</a>.
---------------------------------------------------------------------------

    In light of these findings, the Agency believes that, in addition 
to LDW, there is merit to adopting an active lane keeping system, such 
as lane keeping support (LKS), in NCAP. As an enhanced active system, 
LKS offers the steering and/or braking capability necessary to guide a 
vehicle back into its lane without consumer action and should therefore 
further enhance safety benefits beyond those that can be realized by 
LDW. A detailed discussion pertaining to LKS technology is provided in 
the following section.
2. Adding Lane Keeping Support (LKS)
    LDW systems warn a driver that their vehicle is unintentionally 
drifting out of their travel lane, while lane keeping support (LKS) 
systems are designed to actively guide a drifting vehicle back into the 
travel lane by gently counter steering or applying differential 
braking. During an unintended lane departure where the driver is not 
using the turn signal, LKS systems help to prevent: ``Sideswiping'' 
where a vehicle strikes another vehicle in an adjacent lane that is 
travelling in the same direction; opposite direction crashes where a 
vehicle crosses the centerline and strikes another vehicle travelling 
in the opposite direction; and road departure crashes where a vehicle 
runs off the road resulting in a rollover crash or an impact with a 
tree or other object. LKS systems may also help to prevent unintended 
lane departures into designated bicycle lanes in situations where the 
system's speed threshold is met.
    LKS systems typically utilize the same camera(s) used by LDW 
systems to monitor the vehicle's position within the lane, and 
determine whether a vehicle is about to drift out of its lane of travel 
unintentionally. In such instances, LKS automatically intervenes by: 
Braking one or more of the vehicle's wheels; steering; or using a 
combination of braking and steering so that the vehicle returns to its 
intended lane of travel. LKS is one of two active lane keeping 
technologies mentioned in the Agency's March 2019 report,\65\ with the 
other being lane centering assist (LCA). LKS assists the driver by 
providing short-duration steering and/or braking inputs when a lane 
departure is imminent or underway, whereas LCA provides continuous 
assistance to the driver to keep their vehicle centered within the 
lane.
---------------------------------------------------------------------------

    \65\ Wang, J.-S. (2019, March), Target crash population for 
crash avoidance technologies in passenger vehicles (Report No. DOT 
HS 812 653), Washington, DC: National Highway Traffic Safety 
Administration.
---------------------------------------------------------------------------

    As discussed in the previous section, UMTRI evaluated the real-
world effectiveness of ADAS technologies, including LDW and LKS.\66\ 
The results of the LKS study (which also included lane departure 
warning functionality) showed an estimated 30 percent reduction in 
applicable crashes. Additionally, in its August 2019 survey, 74 percent 
of vehicle owners reported that they were satisfied with LKS 
technology, and 35 percent said that it had helped them avoid a crash. 
Sixty-five percent of owners said that they trusted the system to work 
every time.\67\
---------------------------------------------------------------------------

    \66\ Carol Flannagan, Andrew Leslie, Crash Avoidance Technology 
Evaluation Using Real-World Crashes, DTHN2216R00075 Vehicle 
Electronics Systems Safety IDIQ, The University of Michigan 
Transportation Research Institute Final Report, March 22, 2018.
    \67\ Consumer Reports. (2019, August 5), Guide to lane departure 
warning & lane keeping assist: Explaining how these systems can keep 
drivers on the right track, <a href="https://www.consumerreports.org/car-safety/lane-departure-warning-lane-keeping-assist-guide/">https://www.consumerreports.org/car-safety/lane-departure-warning-lane-keeping-assist-guide/</a>.
---------------------------------------------------------------------------

    In its December 2015 notice, NHTSA did not propose including LKS 
technology as part of the update to NCAP. However, many commenters 
recommended that the Agency consider including the technology. For 
instance, Bosch and Mobileye stated that LKS systems have the potential 
to prevent or mitigate a greater number of collisions involving 
injuries and fatalities than LDW systems. The ASC and Delphi 
recommended that the Agency adopt LKS in lieu of LDW, with the ASC 
adding that Euro NCAP has included LKS in its Lane Support Systems test 
protocol since 2016.\68\ \69\ The ASC, Bosch, and Continental noted the 
maturity of LKS technology and stated that such systems were already 
widely available in vehicles produced at the time. Other proponents of 
adopting LKS technology in NCAP include the National Safety Council 
(NSC), ZF TRW, and Honda. ZF TRW recommended that the Agency adopt both 
active lane keeping (termed LKS in this notice) and lane centering 
systems (termed LCA in this notice) due to the high frequency of fatal 
road departure crashes. Honda also supports the active safety benefits 
of LKS and the system's potential to help prevent crashes. NSC 
suggested that the Agency include LKS, as it would complement LDW, 
which is already in the program, similar to the way the warning 
component of FCW complements the active safety functionality of AEB.
---------------------------------------------------------------------------

    \68\ The ASC argued that data from the Highway Loss Data 
Institute (HLDI) have shown no statistically significant difference 
in collision claim frequencies for vehicles equipped with LDW 
compared to those without, and questioned whether LDW systems are 
effective in reducing crashes or fatalities.
    \69\ European New Car Assessment Programme (Euro NCAP) (2015, 
November), Test Protocol--Lane Support Systems, Version 1.0.
---------------------------------------------------------------------------

    As mentioned previously, the Agency agrees with commenters that 
there is merit to adopting LKS technology in NCAP. However, NHTSA 
believes an LDW system integrated with LKS may be a better approach for 
the Agency to consider rather than replacing LDW with LKS. NHTSA 
believes, as NSC commented, that an integrated approach (inclusive of 
passive and active safety capabilities for lane support systems) would 
be similar to what the Agency is proposing for frontal collision 
avoidance systems, FCW and AEB, later in this notice.
    NHTSA is considering the adoption of certain test methods (e.g., 
those for ``lane keep assist'') contained within the Euro NCAP Test 
Protocol--Lane Support Systems (LSS) \70\ to assess technology design 
differences for LKS. Since the test speeds and road configurations 
specified in this protocol are similar to those stipulated in the 
Agency's LDW test procedure, the Agency believes Euro NCAP's test 
protocol will sufficiently address the lane keeping crash typology 
previously detailed for LDW.
---------------------------------------------------------------------------

    \70\ European New Car Assessment Programme (Euro NCAP) (2019, 
July), Test Protocol--Lane Support Systems, Version 3.0.2. See 
section 7.2.5, Lane Keep Assist tests.
---------------------------------------------------------------------------

    Euro NCAP's LSS test procedure includes a series of ``lane keep 
assist''

[[Page 13463]]

trials that are performed with iteratively increasing lateral 
velocities towards the desired lane line. Each ``lane keep assist'' 
trial begins with the subject vehicle (SV) (i.e., the vehicle being 
evaluated) being driven at 72 kph (44.7 mph) down a straight lane 
delineated by a single solid white or dashed white line. Initially, the 
SV path is parallel to the lane line, with an offset from the lane line 
that depends on the lateral velocity used later in the maneuver. Then, 
after a short period of steady-state driving, the direction of travel 
of the SV is headed towards the lane line using a path defined by a 
1,200 m (3,937.0 ft.) radius curve. The lateral velocity of the SV's 
approach towards the lane line (from both the left and right 
directions) is increased from 0.2 to 0.5 m/s (0.7 to 1.6 ft./s) in 0.1 
m/s (0.3 ft./s) increments until acceptable LKS performance is no 
longer realized. Acceptable LKS performance occurs when the SV does not 
cross the inboard leading edge of the lane line by more than 0.3 m (1.0 
ft.).
    NHTSA conducted a limited assessment of five model year 2017 
vehicles equipped with LKS systems. The Agency used a robotic steering 
controller to maximize the repeatability and minimize variability 
associated with manual steering inputs. For this study, NHTSA also used 
a slightly modified and older version of Euro NCAP's LSS test procedure 
from what was discussed above. Specifically, the lateral velocity of 
the SV's approach towards the lane line was increased from 0.1 m/s to 
1.0 m/s in 0.1 m/s increments (0.3 ft./s to 3.3 ft./s in 0.3 ft./s 
increments) to assess how LKS systems would perform at higher 
velocities. In addition, LKS performance was considered acceptable 
(when compared to Euro NCAP's assessment criteria at the time of 
NHTSA's testing) for instances where the SV did not cross the inboard 
leading edge of the lane line by more than 0.4 m (1.3 ft.).\71\
---------------------------------------------------------------------------

    \71\ At the time of testing, an older version of Euro NCAP's LSS 
test procedure was available. This version stipulated a lane keep 
assist assessment criterion of 0.4 m (1.3 ft.) for the maximum 
excursion over the inside edge of the lane marking. European New Car 
Assessment Programme (Euro NCAP). See Assessment Protocol--Safety 
Assist, Version 7.0 (2015, November).
---------------------------------------------------------------------------

    A preliminary analysis of the five tested vehicles identified 
performance differences between the vehicles depending on the lateral 
velocity used during the test. Some vehicles only engaged a steering 
response at lower lateral velocities and others continued to provide a 
steering input as the lateral velocity was increased.\72\ The maximum 
excursion over the lane marking after an LKS activation was also found 
to be inconsistent, particularly as lateral velocity increased. These 
preliminary findings suggested that there are performance differences 
in how vehicle manufacturers are designing their systems for a given 
set of operating conditions.
---------------------------------------------------------------------------

    \72\ Wiacek, C., Forkenbrock, G., Mynatt, M., & Shain, K. 
(2019), Applying lane keeping support test track performance to 
real-world crash data, 26th Enhanced Safety of Vehicles Conference, 
Eindhoven, Netherlands. June 2019, Paper Number 19-0208.
---------------------------------------------------------------------------

    The results from these tests, as measured by the maximum excursions 
over the lane marking, were compared to the measured shoulder width of 
roads where fatal road departure crashes occurred. The analysis 
identified roadways where the shoulder width of the roadway was less 
than the 0.4 m (1.3 ft.) maximum excursion limit (e.g., certain rural 
roadways) used in the Agency's testing. It was observed that only 
vehicles displaying robust LKS performance, including at higher lateral 
velocities, would likely prevent the vehicle from departing the travel 
lane on these roadways. However, most of the roadway departure crashes 
were on roads where the shoulder width exceeded 0.4 m (1.3 ft.). On 
these roadways, assuming the LKS was engaged, the lane departure could 
have been avoided. However, some vehicles did not perform well, with 
several exhibiting no system intervention, and others exceeding the 
maximum excursion limit as the lateral velocity was increased. To 
supplement these initial findings, additional LKS testing has since 
been conducted and is undergoing analysis.
    Since the analysis showed that most fatal crashes identified in the 
study were on roadways having shoulder widths that exceeded the current 
Euro NCAP test excursion limit of 0.3 m (1.0 ft.), NHTSA believes that 
adopting the Euro NCAP criterion may provide significant safety 
benefits, but is requesting comment on whether an even smaller 
excursion limit may be more appropriate. Furthermore, as the study also 
identified fatal crashes where lane markers were not present on the 
side of the roadway where a departure occurred (such that LKS would not 
provide any benefit unless it had the capability to identify the edge 
of the roadway), the Agency is also requesting comment (as mentioned 
previously) on adding Euro NCAP's road edge detection test to NCAP so 
that it may begin to address crashes that occur where lane markings may 
not be present.
    Based on the findings from NHTSA's LKS testing, which showed 
differences in LKS performance at greater lateral velocities, the 
Agency is concerned about LKS performance at higher travel speeds when 
the vehicle first transitions from a straight to a curved road where 
lateral velocity may inherently be high. In its independent analysis of 
the 2011-2015 FARS data set, Volpe found that 29 percent of fatal road 
departure crashes and 26 percent of fatal opposite direction crashes 
occurred at known travel speeds exceeding 72.4 kph (45 mph). The 
analysis also showed that 55 percent of fatal road departure crashes 
and 67 percent of opposite direction crashes occurred on roads with 
posted speeds exceeding 72.4 kph (45 mph).\73\ \74\ Furthermore, the 
study revealed that speeding was a factor in 31 percent and 13 percent 
of fatal road departure and opposite direction crashes, 
respectively.\75\ Since NHTSA does not currently have data to show that 
LKS system performance at Euro NCAP's current test speed of 72 kph 
(44.7 mph) would be indicative of system performance when tested at 
higher speeds, NHTSA is requesting comment on whether it would be 
beneficial to incorporate additional, higher test speeds to assess the 
performance of lane keeping systems in NCAP.
---------------------------------------------------------------------------

    \73\ Swanson, E., Foderaro, F., Yanagisawa, M., Najm, W.G., & 
Azeredo, P. (2019, August), Statistics of light-vehicle pre-crash 
scenarios based on 2011-2015 national crash data (Report No. DOT HS 
812 745), Washington, DC: National Highway Traffic Safety 
Administration.
    \74\ For data where the travel speed was known, 63 and 65 
percent of the data is unknown or not reported in FARS for road 
departure and opposite direction crashes, respectively. For road 
departure and opposite direction crashes, respectively, 3 and 1 
percent of the posted speed data is unknown or not reported in FARS.
    \75\ Swanson, E., Foderaro, F., Yanagisawa, M., Najm, W.G., & 
Azeredo, P. (2019, August), Statistics of light-vehicle pre-crash 
scenarios based on 2011-2015 national crash data (Report No. DOT HS 
812 745), Washington, DC: National Highway Traffic Safety 
Administration.
---------------------------------------------------------------------------

    To date, NHTSA has only performed test track LKS evaluations using 
the straight road test configuration specified in the Euro NCAP test 
procedure. However, the Agency recognizes that a significant portion of 
road departure and opposite direction crashes resulting in fatalities 
and injuries occur on curved roads. A review of Volpe's 2011-2015 data 
set \76\ showed that for road departure crashes, 37 percent of 
fatalities and 20 percent of injuries occurred on curved roads. For 
opposite direction crashes, 30 percent of fatalities and 31 percent of 
injuries occurred on curved roads. NHTSA is not certain how LKS 
performance observed during straight road trials performed on a test

[[Page 13464]]

track would correlate to real-world system performance on curved roads. 
However, NHTSA believes, based on on-road performance testing 
experience of newer model year vehicles, that some current system 
designs include provisions to address lane departures on curved roads. 
The Agency observed that some LKS systems engage by providing limited 
operation throughout a curve--which may offer little (if any) safety 
benefits. However, other more sophisticated LKS systems maintain 
engagement longer and offer more directional authority throughout a 
curve. These systems may provide additional safety gains because the 
driver has more time to re-engage (i.e., restore effective manual 
control of the vehicle).
---------------------------------------------------------------------------

    \76\ Ibid.
---------------------------------------------------------------------------

    In NHTSA's study of the 2005 through 2007 fatal crashes \77\ from 
NMVCCS, crashes that occurred on curved roads \78\ where the driver 
departed the travel lane were analyzed. The analysis showed that, 
unlike for straight roads where LKS systems may provide smaller 
corrective steering inputs to prevent the vehicle from departing the 
lane, LKS systems would have to provide sustained lateral correction 
(i.e., corrective steering) on a curved road to prevent the vehicle 
from departing the lane.
---------------------------------------------------------------------------

    \77\ Wiacek, C., Fikenscher, J., Forkenbrock, G., Mynatt, M., & 
Smith, P. (2017), Real-world analysis of fatal run-out-of-lane 
crashes using the National Motor Vehicle Crash Causation Survey to 
assess lane keeping technologies, 25th International Technical 
Conference on the Enhanced Safety of Vehicles, Detroit, Michigan. 
June 2017, Paper Number 17-0220.
    \78\ It should be noted that the paper identified crashes where 
lane markings were not present on the side of the departure.
---------------------------------------------------------------------------

    Furthermore, in fleet testing of select model year 2012 through 
2018 vehicles equipped with LDW and LKS (referenced in the report as 
LKA), Transport Canada \79\ found variability in test results and 
generally unpredictable system behavior on curved roads. Thus, 
Transport Canada stated that it was not possible to gather enough data 
to assess the potential safety benefits associated with the technology.
---------------------------------------------------------------------------

    \79\ Meloche, E., Charlebois, D., Anctil, B., Pierre, G., & 
Saleh, A. (2019), ADAS testing in Canada: Could partial automation 
make our roads safer? 26th International Technical Conference on the 
Enhanced Safety of Vehicles, Eindhoven, Netherlands, June 2019, 
Paper Number 19-0339.
---------------------------------------------------------------------------

    To address these unknowns and further understand the potential 
effectiveness of LKS systems in the real world, the Agency is 
considering additional research to study whether testing on curved 
roads should be considered for objective evaluation of LKS systems, and 
collect a combination of test track and real-world data to quantify how 
LKS systems will operate when exposed to different combinations of 
curve radius, vehicle speed, and departure timing (e.g., at curve onset 
or midway through the curve).
    With respect to LDW and LKS, NHTSA is seeking comment on the 
following:
    (1) Should the Agency award credit to vehicles equipped with LDW 
systems that provide a passing alert, regardless of the alert type? Why 
or why not? Are there any LDW alert modalities, such as visual-only 
warnings, that the Agency should not consider acceptable when 
determining whether a vehicle meets NCAP's performance test criteria? 
If so, why? Should the Agency consider only certain alert modalities 
(such as haptic warnings) because they are more effective at re-
engaging the driver and/or have higher consumer acceptance? If so, 
which one(s) and why?
    (2) If NHTSA were to adopt the lane keeping assist test methods 
from the Euro NCAP LSS protocol for the Agency's LKS test procedure, 
should the LDW test procedure be removed from its NCAP program entirely 
and an LDW requirement be integrated into the LKS test procedure 
instead? Why or why not? For systems that have both LDW and LKS 
capabilities, the Agency would simply turn off LKS to conduct the LDW 
test if both systems are to be assessed separately. What tolerances 
would be appropriate for each test, and why?
    (3) LKS system designs provide steering and/or braking to address 
lane departures (e.g., when a driver is distracted).\80\ To help re-
engage a driver, should the Agency specify that an LDW alert must be 
provided when the LKS is activated? Why or why not?
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    \80\ Cicchino, J.B. & Zuby, D.S. (2016, October), Prevalence of 
driver physical factors leading to unintentional lane departure 
crashes, Traffic Injury Prevention, 18(5), 481-487, <a href="https://doi.org/10.1080/15389588.2016.1247446">https://doi.org/10.1080/15389588.2016.1247446</a>.
---------------------------------------------------------------------------

    (4) Do commenters agree that the Agency should remove the Botts' 
Dots test scenario from the current LDW test procedure since this lane 
marking type is being removed from use in California? \81\ If not, why?
---------------------------------------------------------------------------

    \81\ Winslow, J. (2017, May 19), Botts' Dots, after a half-
century, will disappear from freeways, highways, The Orange County 
Register, <a href="https://www.ocregister.com/2017/05/19/botts-dots-after-a-half-century-will-disappear-from-freeways-highways/">https://www.ocregister.com/2017/05/19/botts-dots-after-a-half-century-will-disappear-from-freeways-highways/</a>.
---------------------------------------------------------------------------

    (5) Is the Euro NCAP maximum excursion limit of 0.3 m (1.0 ft.) 
over the lane marking (as defined with respect to the inside edge of 
the lane line) for LKS technology acceptable, or should the limit be 
reduced to account for crashes occurring on roads with limited shoulder 
width? If the tolerance should be reduced, what tolerance would be 
appropriate and why? Should this tolerance be adopted for LDW in 
addition to LKS? Why or why not?
    (6) In its LSS Protocol, Euro NCAP specifies use of a 1,200 m 
(3,937.0 ft.) curve and a series of increasing lateral offsets to 
establish the desired lateral velocity of the SV towards the lane line 
it must respond to. Preliminary NHTSA tests have indicated that use of 
a 200 m (656.2 ft.) curve radius provides a clearer indication of when 
an LKS intervention occurs when compared to the baseline tests 
performed without LKS, a process specified by the Euro NCAP LSS 
protocol. This is because the small curve radius allows the desired SV 
lateral velocity to be more quickly established; requires less initial 
lateral offset within the travel lane; and allows for a longer period 
of steady state lateral velocity to be realized before an LKS 
intervention occurs. Is use of a 200 m (656.2 ft.) curve radius, rather 
than 1,200 m (3,937.0 ft.), acceptable for inclusion in a NHTSA LKS 
test procedure? Why or why not?
    (7) Euro NCAP's LSS protocol specifies a single line lane to 
evaluate system performance. However, since certain LKS systems may 
require two lane lines before they can be enabled, should the Agency 
use a single line or two lines lane in its test procedure? Why?
    (8) Should NHTSA consider adding Euro NCAP's road edge detection 
test to its NCAP program to begin addressing crashes where lane 
markings may not be present? If not, why? If so, should the test be 
added for LDW, LKS, or both technologies?
    (9) The LKS and ``Road Edge'' recovery tests defined in the Euro 
NCAP LSS protocol specify that a range of lateral velocities from 0.2 
to 0.5 m/s (0.7 to 1.6 ft./s) be used to assess system performance, and 
that this range is representative of the lateral velocities associated 
with unintended lane departures (i.e., not an intended lane change). 
However, in the same protocol, Euro NCAP also specifies a range of 
lateral velocities from 0.3 to 0.6 m/s (1.0 to 2.0 ft./s) be used to 
represent unintended lane departures during ``Emergency Lane Keeping--
Oncoming vehicle'' and ``Emergency Lane Keeping--Overtaking vehicle'' 
tests. To encourage the most robust LKS system performance, should 
NHTSA consider a combination of the two Euro NCAP unintended departure 
ranges, lateral velocities from 0.2 to 0.6 m/s (0.7 to 2.0 ft./s), for 
inclusion in the Agency's LKS evaluation? Why or why not?
    (10) As discussed above, the Agency is concerned about LKS 
performance on roads that are curved. As such, can the

[[Page 13465]]

Agency correlate better LKS system performance at higher lateral 
velocities on straight roads with better curved road performance? Why 
or why not? Furthermore, can the Agency assume that a vehicle that does 
not exceed the maximum excursion limits at higher lateral velocities on 
straight roads will have superior curved road performance compared to a 
vehicle that only meets the excursion limits at lower lateral 
velocities on straight roads? Why or why not? And lastly, can the 
Agency assume the steering intervention while the vehicle is 
negotiating a curve is sustained long enough for a driver to re-engage? 
If not, why?
    (11) The Agency would like to be assured that when a vehicle is 
redirected after an LKS system intervenes to prevent a lane departure 
when tested on one side, if it approaches the lane marker on the side 
not tested, the LKS will again engage to prevent a secondary lane 
departure by not exceeding the same maximum excursion limit established 
for the first side. To prevent potential secondary lane departures, 
should the Agency consider modifying the Euro NCAP ``lane keep assist'' 
evaluation criteria to be consistent with language developed for 
NHTSA's BSI test procedure to prevent this issue? Why or why not? 
NHTSA's test procedure states the SV BSI intervention shall not cause 
the SV to travel 0.3 m (1 ft.) or more beyond the inboard edge of the 
lane line separating the SV travel lane from the lane adjacent and to 
the right of it within the validity period. To assess whether this 
occurs, a second lane line is required (only one line is specified in 
the Euro NCAP LSS protocol for LKS testing). Does the introduction of a 
second lane line have the potential to confound LKS testing? Why or why 
not?
    (12) Since most fatal road departure and opposite direction crashes 
occur at higher posted and known travel speeds, should the LKS test 
speed be increased, or does the current test speed adequately indicate 
performance at higher speeds, especially on straight roads? Why or why 
not?
    (13) The Agency recognizes that the LKS test procedure currently 
contains many test conditions (i.e., line type and departure 
direction). Is it necessary for the Agency to perform all test 
conditions to address the safety problem adequately, or could NCAP test 
only certain conditions to minimize test burden? For instance, should 
the Agency consider incorporating the test conditions for only one 
departure direction if the vehicle manufacturer provides test data to 
assure comparable system performance for the other direction? Or, 
should the Agency consider adopting only the most challenging test 
conditions? If so, which conditions are most appropriate? For instance, 
do the dashed line test conditions provide a greater challenge to 
vehicles than the solid line test conditions?
    (14) What is the appropriate number of test trials to adopt for 
each LKS test condition, and why? Also, what is an appropriate pass 
rate for the LKS tests, and why?
    (15) Are there any aspects of NCAP's current LDW or proposed LKS 
test procedure that need further refinement or clarification? Is so, 
what additional refinements or clarifications are necessary?

B. Blind Spot Detection Technologies

    NHTSA's 2019 target population study showed that blind spot 
detection technologies such as blind spot warning (BSW), blind spot 
intervention (BSI), and lane change/merge warning (LCM) (which is 
essentially a BSI warning system), can help prevent or mitigate five 
pre-crash lane change/merge scenarios. These pre-crash movements 
represented, on average, 503,070 crashes annually, or 8.7 percent of 
all crashes that occurred on U.S. roadways, and resulted in 542 
fatalities and 188,304 MAIS 1-5 injuries, as shown in Table A-3. This 
equated to 1.6 percent of all fatalities and 6.7 percent of all 
injuries recorded.\82\
---------------------------------------------------------------------------

    \82\ Wang, J.-S. (2019, March), Target crash population for 
crash avoidance technologies in passenger vehicles (Report No. DOT 
HS 812 653), Washington, DC: National Highway Traffic Safety 
Administration.
---------------------------------------------------------------------------

    Currently, NCAP does not include any ADAS technology that is 
designed to address blind spot pre-crash scenarios. NHTSA requested 
comment on the inclusion of BSW as part of its upgrade to the program 
in its 2015 notice. Although the Agency did not recommend BSI for 
inclusion at that time, the Agency is proposing that both BSW and BSI 
technologies be adopted as part of this program update.
    Although the target population for blind spot detection technology 
may not be as large as the populations for AEB or lane keeping 
technologies, NHTSA believes there is merit to including blind spot 
technologies in NCAP. Consumer Reports found in its 2019 survey that 82 
percent of vehicle owners were satisfied with BSW technology, 60 
percent said that it had helped them avoid a crash, and 68 percent 
stated that they trusted the system to work every time.\83\ The Agency 
believes the technology's high consumer acceptance rate, in addition to 
its potential safety benefits discussed later in this section, supports 
its inclusion in the Agency's signature consumer information program.
---------------------------------------------------------------------------

    \83\ Monticello, M. (2017, June 29), The positive impact of 
advanced safety systems for cars: The latest car-safety technologies 
have the potential to significantly reduce crashes, Consumer 
Reports, <a href="https://www.consumerreports.org/car-safety/positive-impact-of-advanced-safety-systems-for-cars/">https://www.consumerreports.org/car-safety/positive-impact-of-advanced-safety-systems-for-cars/</a>.
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1. Adding Blind Spot Warning (BSW)
    A BSW system is a warning-based driver assistance system designed 
to help the driver recognize that another vehicle is approaching, or 
being operated within, the blind spot of their vehicle in an adjacent 
lane. In these driving situations, and for all production BSW systems 
known to NHTSA, the BSW alert is automatically presented to the driver, 
and is most relevant to a driver who is contemplating, or who has just 
initiated, a lane change. Depending on the system design, additional 
BSW features may be activated if the system is presenting an alert and 
then the driver operates their turn signal indicator.
    BSW systems use camera-, radar-, or ultrasonic-based sensors, or 
some combination thereof, as their means of detection. These sensors 
are typically located on the sides and/or rear of a vehicle. BSW alerts 
may be auditory, visual (most common), or haptic. Visual alerts are 
usually presented in the side outboard mirror glass, inside edge of the 
mirror housing, or at the base of the front a-pillars inside the 
vehicle. When another vehicle enters, or approaches, the driver's blind 
spot while operating in an adjacent lane, the BSW visual alert will 
typically be continuously illuminated. However, if the driver engages 
the turn signal in the direction of the adjacent vehicle while the 
visual alert is present, the visual alert may transition to a flashing 
state and/or be supplemented with an additional auditory or haptic 
alert (e.g., beeping or vibration of the steering wheel or seat, 
respectively).
    NHTSA requested comment on a draft research blind spot detection 
(BSD) test procedure (referred to in this notice as BSW) published on 
November 21, 2019 \84\ to assess systems' performance and capabilities 
in blind spot related pre-crash scenarios. This test procedure 
exercises the BSW system in two different scenarios on the test track: 
the Straight Lane Converge and Diverge Test, and the Straight Lane 
Pass-by Test. These two tests assess whether the BSW system displays a 
warning when other vehicles, referred to as principal other

[[Page 13466]]

vehicles (POVs), are within the driver's blind spot. The test occurs 
without activation of the tested vehicle's, referred to as the subject 
vehicle (SV), turn signal. Neither the SV nor POV turn signals are to 
be activated at any point during any test trial. A short description of 
each test scenario and the requirements for a passing result is 
provided below:
---------------------------------------------------------------------------

    \84\ 84 FR 64405 (Nov. 21, 2019).
---------------------------------------------------------------------------

    <bullet> Straight Lane Converge and Diverge Test--The POV and SV 
are driven parallel to each other at a constant speed of 72.4 kph (45 
mph) such that the front-most part of the POV is 1.0 m (3.3 ft.) ahead 
of the rear-most part of the SV in the outbound lanes of a three-lane 
straight road. After 2.5 s of steady-state driving, the POV enters 
(i.e., converges into) the SV's blind zone \85\ by making a single lane 
change into the lane immediately adjacent to the SV using a lateral 
velocity of 0.25 to 0.75 m/s (0.8 to 2.5 ft./s). The period of steady-
state driving resumes for at least another 2.5 s and then the POV exits 
(i.e., diverges from) the SV's blind zone by returning to its original 
travel lane using a lateral velocity of 0.25 to 0.75 m/s (0.8 to 2.5 
ft./s). This test is repeated for a POV approach from both the left and 
the right side of the SV.
---------------------------------------------------------------------------

    \85\ SV blind zones are defined by two rectangular regions that 
extend to the side and rear of the SV. Each rectangle is 8.2 ft. 
(2.5 m) wide and is represented by lines parallel to the 
longitudinal centerline of the vehicle but offset 1.6 ft. (0.5 m) 
from the outermost edge of the SV's body excluding the side view 
mirror(s). The rearward projection begins at the rearmost part of 
the SV side mirror housing and ends at a rearward boundary that is 
dependent on the relative speed between the SV and POV. The blind 
zone is fully described in the test procedure.
---------------------------------------------------------------------------

    --To pass a test trial: during the converge lane change, the BSW 
alert must be presented by a time no later than 300 ms after any part 
of the POV enters the SV blind zone and must remain on while any part 
of the POV resides within the SV blind zone; and during the diverge 
lane change, the BSW alert may remain active only when the lateral 
distance between the SV and POV is greater than 3 m (9.8 ft.) but less 
than or equal to 6 m (19.7 ft.). The BSW alert shall not be active once 
the lateral distance between the SV and POV exceeds 6 m (19.7 ft.).
    <bullet> Straight Lane Pass-by Test--The POV approaches and then 
passes the SV while being driven in an adjacent lane. For each trial, 
the SV is traveling at a constant speed of 72.4 kph (45 mph) whereas 
the POV is traveling at one of four constant speeds--80.5, 88.5, 96.6, 
or 104.6 kph (50, 55, 60, or 65 mph). The lateral distance between the 
two vehicles, defined as the closest lateral distance between adjacent 
sides of the polygons used to represent each vehicle, shall nominally 
be 1.5 m (4.9 ft.) for the duration of the trial. This test is repeated 
for a POV approach towards the SV from an adjacent lane to the left and 
to the right of the SV.
    --To pass a test trial, the BSW alert must be presented by a time 
no later than 300 ms after the front-most part of the POV enters the SV 
blind zone and remain on while the front-most part of the POV resides 
behind the front-most part of the SV blind zone. The BSW alert shall 
not be active once the longitudinal distance between the front-most 
part of the SV and the rear-most part of the POV exceeds the BSW 
termination distance specified for each POV speed.
    For the BSW tests, each scenario is tested using seven repeated 
trials for each combination of approach direction (left and right side 
of the SV) and test speed. This translates to a total of 14 tests 
overall for the Straight Lane Converge and Diverge Test and 56 tests 
overall for the Straight Lane Pass-by Test. NCAP is proposing that to 
pass the NCAP system performance requirements, the SV must pass at 
least five out of seven trials conducted for each approach direction 
and test speed.
    The proposed BSW tests represent pre-crash scenarios that 
correspond to a substantial portion of fatalities and injuries observed 
in real-world lane change crashes. A review of Volpe's 2011-2015 data 
set showed that approximately 28 percent of fatalities and 57 percent 
of injuries in lane change crashes occurred on roads with posted speeds 
of 72.4 kph (45 mph) or lower.\86\ For crashes where the travel speed 
was reported in FARS and GES, approximately 14 percent of fatalities 
and 24 percent of injuries occurred at speeds of 72.4 kph (45 mph) or 
lower.\87\ Furthermore, Volpe found that speeding was a factor in only 
18 percent of the fatal lane change crashes and 3 percent of lane 
change crashes that resulted in injuries. This suggests that posted 
speed corresponds well to travel speed in most lane change 
crashes.<SUP>88 89</SUP>
---------------------------------------------------------------------------

    \86\ The posted speed limit was either not reported or was 
unknown in 2 percent of fatal lane change crashes and 18 percent of 
lane change crashes that resulted in injuries.
    \87\ The travel speed was either not reported or was unknown in 
60 percent of fatal lane change crashes and 68 percent of lane 
change crashes that resulted in injuries.
    \88\ Swanson, E., Foderaro, F., Yanagisawa, M., Najm, W.G., & 
Azeredo, P. (2019, August), Statistics of light-vehicle pre-crash 
scenarios based on 2011-2015 national crash data (Report No. DOT HS 
812 745), Washington, DC: National Highway Traffic Safety 
Administration.
    \89\ It was unknown or not reported whether speeding was a 
factor in 3 percent of fatal lane change crashes and 7 percent of 
lane change crashes that resulted in injuries.
---------------------------------------------------------------------------

    As noted earlier, market research conducted by Consumer Reports 
(CR) indicated that BSW systems are desirable in consumer interest 
surveys of various ADAS technologies. In fact, CR found not only that 
an overwhelming majority of vehicle owners were satisfied with BSW 
technology, but also that 60 percent of them believed BSW technology 
had helped them avoid a crash. However, in its study to evaluate the 
real-world effectiveness of ADAS technologies in model year 2013-2017 
General Motors' (GM) vehicles, UMTRI found that GM's Side Blind Zone 
Alert produced a non-significant 3 percent reduction in lane change 
crashes. When the Side Blind Zone Alert technology was combined with an 
earlier generation technology, GM's Lane Change Alert, the 
corresponding effectiveness increased to 26 percent.\90\ UMTRI 
attributed this increase to substantially longer vehicle detection 
ranges for the Lane Change Alert with Side Blind Zone Alert system 
compared to GM's earlier generation Side Blind Zone Alert system.\91\ 
An Agency study of three BSW-equipped vehicles also showed that that 
currently available BSW systems may likely exhibit differences in 
detection capabilities and operating conditions such that their 
effectiveness estimates could vary significantly.\92\ For instance, one 
vehicle's system may simply augment a driver's visual awareness whereas 
another may effectively prevent crashes by warning of higher speed lane 
change events. In its response to NCAP's December 2015 notice, Bosch 
provided similar insight. The company stated that some BSW systems may 
only provide benefit for shorter detection distances, such as 7 m (23.0 
ft.) rearward, whereas other systems may provide detection for 
distances up to 70 m (229.7 ft.) rearward, which would help the driver 
avoid collisions with vehicles approaching from the rear in adjacent 
lanes at high speeds. The Agency plans to study these performance 
differences in its testing.
---------------------------------------------------------------------------

    \90\ Leslie, A.J., Kiefer, R.J., Meitzner, M.R., & Flannagan, C. 
A. (2019), Analysis of the field effectiveness of General Motors 
production active safety and advanced headlighting systems, The 
University of Michigan Transportation Research Institute and General 
Motors LLC, UMTRI-2019-6.
    \91\ For GM's Lane Chane Alert systems, sensors in the vehicle's 
rear bumper are utilized to warn the driver of vehicles approaching 
from the rear on either the left or right side.
    \92\ Forkenbrock, G., Hoover, R.L., Gerdus, E., Van Buskirk, 
T.R., & Heitz, M. (2014, July), Blind spot monitoring in light 
vehicles--System performance (Report No. DOT HS 812 045), 
Washington, DC: National Highway Traffic Safety Administration.

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[[Page 13467]]

    NHTSA is proposing to conduct BSW tests in NCAP in accordance with 
the Agency's BSW test procedure. The Agency believes that the Straight 
Lane Pass-by Test scenario, which stipulates incrementally higher test 
speeds for the POV, could be used to distinguish between vehicles that 
have basic versus advanced BSW capability. For instance, an SV that can 
only satisfy the BSW activation criteria when the POV approaches with a 
low relative velocity may be considered as having basic BSW capability, 
whereas a vehicle that can look further rearward, to sense a passing 
vehicle travelling at a much higher speed, may be considered to have 
superior BSW capability. NHTSA believes such an assessment is important 
because when one vehicle encroaches into the adjacent lane of the 
other, the crashes associated with higher speed differentials can be 
expected to be more severe than those that occur when the two vehicle 
speeds are more similar. Furthermore, the capability of a vehicle to 
detect when another vehicle has entered an extended rear zone could be 
important for the application of other ADAS technologies such as blind 
spot intervention (BSI) or SAE \93\ Level 2 partial driving automation 
\94\ systems that incorporate automatic lane change features. 
Therefore, the Agency believes that long-range vehicle detection may 
not only increase the effectiveness of blind spot technologies such as 
BSI, but also enhance capabilities and robustness of other ADAS 
applications. For these reasons, NHTSA is proposing (later in this 
notice) the incorporation of BSI technology in NCAP to encourage the 
proliferation of such systems along with sensing strategies that offer 
a greater field of view.
---------------------------------------------------------------------------

    \93\ SAE International (2018), SAE J3016_201806: Taxonomy and 
definitions for terms related to driving automation systems for on-
road motor vehicles, Warrendale, PA, <a href="http://www.sae.org">www.sae.org</a>.
    \94\ The sustained driving automation system of both the lateral 
and longitudinal vehicle motion control with the expectation that 
the driver supervises the driving automation system.
---------------------------------------------------------------------------

    Commenters to NHTSA's December 2015 notice overwhelmingly supported 
the addition of BSW in NCAP. In fact, many commenters suggested the 
Agency expand the testing requirements to encompass additional test 
targets, such as motorcycles, and test conditions. Several commenters 
also recommended that NHTSA harmonize its BSW test procedure with 
International Organization for Standardization (ISO) standards. Each of 
these topics will be discussed below.
a. Additional Test Targets and/or Test Conditions
    Commenters, including the ASC, Continental, Bosch, NSC, and others, 
recommended that the Agency expand the BSW testing requirements to 
include motorcycle detection. Delphi, MTS, Medical College of Wisconsin 
(MCW), and CU suggested that NHTSA evaluate a vehicle's ability to 
detect bicycles in addition to motorcycles. Similarly, Subaru suggested 
that changes to the Straight Lane Pass-by Test should be made to 
address motorcycle detection. MTS and MCW added that motorcycle riders 
and bicyclists are more vulnerable to serious and fatal injuries 
compared to occupants of motor vehicles. A few commenters were not 
supportive of adding a motorcycle detection test in NCAP. Global 
Automakers and Hyundai stated that although it was a reasonable goal 
for the future, no standardized test devices currently existed at the 
time. Similarly, Honda and the Alliance recommended that the Agency 
focus on vehicle detection as a first step since no standard test 
procedure exists for motorcycle detection. The Alliance added that 
since the location of a motorcycle within a lane can vary greatly, test 
procedures would need to specify motorcycle behavior and reasonable 
detection distances. Furthermore, MTS stated that the position of the 
motorcycle POV within the lane (near, center, far) should be specified, 
and the radar cross section and projected area of the motorcycle should 
be considered as well.
    NHTSA agrees that BSW systems capable of detecting motorcycles 
would improve safety. A review of the 2011 through 2015 FARS and GES 
data sets \95\ showed that there were 106 fatal crashes and nearly 
5,100 police-reported crashes annually, on average, for same direction 
lane change crashes involving a vehicle and motorcycle. In comparison, 
as mentioned earlier, there were 542 fatalities and 503,070 police-
reported crashes annually, on average, for lane change crashes 
involving motor vehicles. These data show that more occupants of motor 
vehicles die in lane changing crashes than do motorcyclists. However, 
the fatality rate for motorcyclists is greater than that for vehicle 
occupants.
---------------------------------------------------------------------------

    \95\ Swanson, E., Azeredo, P., Yanagisawa, M., & Najm, W. (2018, 
September), Pre-Crash Scenario Characteristics of Motorcycle Crashes 
for Crash Avoidance Research (Report No. DOT HS 812 902), 
Washington, DC: National Highway Traffic Safety Administration. In 
Press
---------------------------------------------------------------------------

    At this time, the Agency has decided to prioritize testing of BSW 
systems on motor vehicles for NCAP. NHTSA believes that performing BSW 
testing on light vehicles, particularly at higher POV closing speeds, 
and for active safety systems (as will be discussed next), should 
encourage development of robust sensing systems, which may improve the 
detection of other objects such as motorcycles. That being said, the 
Agency has planned an upcoming research project designed to address 
injuries and fatalities for other vulnerable road users, specifically 
motorcyclists. The Agency will continue to observe the development of 
BSW technology and is likely to include test procedures for motorcycle 
detection in NCAP at a later date if the technology meets the four 
prerequisites mentioned above.
    Several commenters offered additional suggestions for ways NHTSA 
could expand the BSW test procedure. MCW suggested that the Agency 
adopt test scenarios that address curved roads and low light 
conditions. CU proposed that the Agency should assess whether BSW 
systems provide a clear indication to the driver that the system is not 
operating since sensors are sometimes rendered inoperable in poor 
weather or when blocked.
    As with all the ADAS technologies, NHTSA recognizes that there is a 
need to understand and assure crash mitigation performance of BSW 
systems under all practical situations that the driver and vehicle will 
encounter in the real world. However, such comprehensive testing is not 
always practical within the scope of the NCAP program. Thus, for 
technologies that met the four principles for inclusion in NCAP, the 
Agency primarily attempted to address the most frequently occurring, 
most fatal, and most injurious pre-crash scenarios when prioritizing 
tests to add to the program. When ADAS technologies penetrate the fleet 
in sufficient numbers, then the Agency can evaluate how these systems 
are performing in the real world and adjust the system performance 
criteria accordingly to address additional test conditions, such as 
those mentioned by MCW. Regarding CU's suggestion, the Agency believes, 
after reviewing vehicle owner's manuals, that most vehicle 
manufacturers are including provisions in their system designs to 
provide a malfunction indicator to the driver if the system is no 
longer operational because the sensors are blocked or due to severe 
weather conditions.
    NHTSA has also considered Bosch's request to expand the definition 
of BSW to encourage adoption of systems that provide longer detection 
distances. NHTSA believes, as discussed above,

[[Page 13468]]

that by using higher POV closing speeds to assess BSW system 
performance, it may effectively drive enhanced blind spot system 
capabilities such as those required for other rearward-looking ADAS 
applications, like BSI, or automatic lane change functions.
b. Test Procedure Harmonization
    Several commenters suggested that NHTSA harmonize its BSW test 
procedure with International Organization for Standardization (ISO) 
standard 17387:2008, Intelligent transport systems--Lane change 
decision aid systems (LCDAS)--Performance requirements and test 
procedures or with various aspects of this standard. Global Automakers 
and Hyundai commented that NHTSA should shift the forward edge of the 
blind zone rearward from the outside rearview mirrors to the eye point 
of a 95th percentile person, as specified in ISO 17387. Hyundai stated 
that the ISO procedure is designed such that when the POV is in-line 
with the SV driver's eye ellipse, the driver's peripheral vision allows 
him/her to see the POV without the assistance of BSW systems. The ASC, 
Continental, and Subaru also suggested that the Agency align the 
warning zones in the Agency's BSW test procedure with those specified 
in ISO 17387.
    The Agency does not agree with commenters' suggestion to adopt the 
ISO procedure for defining the forward edge of the blind zone as 
measured using the eye ellipse from a seated 95th percentile person. 
NHTSA believes that the blind zone should be defined not by a specific 
seated individual but by the vehicle's characteristics, since a real-
world blind spot for any particular vehicle would differ depending on 
the size characteristics of the individual driving the vehicle at the 
time. Since people vary in size, they will sit in different seating 
positions and have different seating preferences. For instance, a 95th 
percentile male will be seated more rearward whereas a 5th percentile 
female will be seated more forward. In addition, drivers have personal 
preferences for adjusting their side view mirrors that may not be 
considered optimal and may not provide a full field of view when 
checking the mirrors to make change lanes. For these reasons, the 
Agency tentatively concludes that it is more appropriate and better for 
the safety of consumers to set the forward plane of the blind zone at 
the rearmost part of the side view mirrors, as specified in its BSW 
test procedure. This approach should not only best accommodate a wide 
variety of driver sizes and seating positions, but also reduce test 
complexity when defining the blind zone.
2. Adding Blind Spot Intervention (BSI)
    Blind spot intervention (BSI) systems are similar to AEB and LKS 
systems in that they provide active intervention to help the driver 
avoid a collision with another vehicle. BSW systems alert a driver that 
a vehicle is in his/her blind spot, whereas BSI systems activate when 
the BSW alert is ignored, and intervene either by automatically 
applying the vehicle's brakes or providing a steering input to guide 
the vehicle back into the unobstructed lane. With their active 
capability, BSI systems can help a driver avoid collisions with other 
vehicles that are approaching the vehicle's blind spot, in addition to 
preventing crashes with vehicles operating within the vehicle's blind 
spot.
    Like BSW systems, BSI systems utilize rear-facing sensors to detect 
other vehicles that are next to or behind the vehicle in adjacent 
lanes. Depending on the design of these systems, BSI activation may or 
may not require the driver to operate his/her turn signal indicator 
during a lane change. Furthermore, some BSI systems may only operate if 
the vehicle's BSW system is also enabled.
    As discussed earlier, UMTRI found that GM's BSW system, Side Blind 
Zone Alert, produced a non-significant 3 percent reduction in lane 
change crashes. However, when Side Blind Zone Alert was combined with a 
later generation technology, GM's Lane Change Alert, the corresponding 
effectiveness increased to 26 percent.\96\ Given BSI is only now 
penetrating the fleet, NHTSA is unaware of any effectiveness studies 
for this technology. However, as discussed earlier, the Agency believes 
that active safety technologies are more effective than warning 
technologies. The UMTRI study concluded that AEB is more effective than 
FCW alone and that LKS is more effective than LDW. The Agency believes 
the same relationship will likely hold true for blind spot systems, and 
that BSI will be more effective than BSW alone. NHTSA also believes, as 
mentioned above, that adopting ADAS technologies such as BSI should 
also encourage development of enhanced BSW system capabilities (e.g., 
motorcycle and bicycle detection), and may increase the robustness of 
other ADAS applications.
---------------------------------------------------------------------------

    \96\ Leslie, A.J., Kiefer, R.J., Meitzner, M.R., & Flannagan, 
C.A. (2019), Analysis of the field effectiveness of General Motors 
production active safety and advanced headlighting systems, The 
University of Michigan Transportation Research Institute and General 
Motors LLC, UMTRI-2019-6.
---------------------------------------------------------------------------

    NHTSA is proposing to use its published draft test procedure 
titled, ``Blind Spot Intervention System Confirmation Test,'' \97\ to 
evaluate the performance of vehicles equipped with BSI technology in 
NCAP. The Agency's test procedure consists of three scenarios: Subject 
Vehicle (SV) Lane Change with Constant Headway, SV Lane Change with 
Closing Headway, and SV Lane Change with Constant Headway, False 
Positive Assessment. In the first two scenarios, an SV initiates or 
attempts a lane change into an adjacent lane while a single POV is 
residing within the SV's blind zone (Scenario 1), or is approaching it 
from the rear (Scenario 2). The third scenario is used to evaluate the 
propensity of a BSI system to activate inappropriately in a non-
critical driving scenario that does not present a safety risk to the 
occupants in the SV. In each of the tests, the POV is a strikeable 
object with the characteristics of a compact passenger car. The system 
performance requirements stipulate that the SV may not contact the POV 
during the conduct of any test trial. NHTSA is requesting comment on 
the number of trials that are appropriate for each test. Each of these 
scenarios, along with the proposed evaluation criteria, is detailed 
below: \98\
---------------------------------------------------------------------------

    \97\ 84 FR 64405 (Nov. 21, 2019).
    \98\ The Agency notes that these test scenario descriptions 
assume the SV is operating in SAE Automation Level 0 or Level 1 
operation with only the Automatic Cruise Control (ACC) enabled. 
Though the Agency's BSI test procedure has provisions to evaluate 
vehicles operating in SAE Automation Levels 2 or 3. Test scenario 
descriptions for these evaluations are not discussed herein.
---------------------------------------------------------------------------

    <bullet> SV Lane Change with Constant Headway--The POV is driven at 
72.4 kph (45 mph) in a lane adjacent and to the left of the SV also 
traveling at 72.4 kph (45 mph) with a constant longitudinal offset such 
that the front-most part of the POV is 1 m (3.3 ft.) ahead of the rear-
most part of the SV. After a short period of steady-state driving, the 
SV driver engages the left turn signal indicator at least 3 s after all 
pre-SV lane change test validity criteria have been satisfied. Within 
1.0 <plus-minus> 0.5 s after the turn signal has been activated, the SV 
driver initiates a manual lane change into the POV's travel lane. The 
SV driver then releases the steering wheel within 250 ms of the SV 
exiting a 800.1 m (2,625 ft.) radius curve during the lane change. To 
meet the performance criteria, the BSI system must intervene so as to 
prevent the left rear of the SV from contacting the right front of the 
POV. Additionally, the SV

[[Page 13469]]

BSI intervention shall not cause the SV to travel 1.0 ft. (0.3 m) or 
more beyond the inboard edge of the lane line separating the SV travel 
lane from the lane adjacent and to the right of it within the validity 
period.
    <bullet> SV Lane Change with Closing Headway Scenario--The POV is 
driven at a constant speed of 80.5 kph (50 mph) towards the rear of the 
SV in an adjacent lane to the left of the SV, which is traveling at a 
constant speed of 72.4 kph (45 mph). During the test, the SV driver 
engages the turn signal indicator when the POV is 4.9 <plus-minus> 0.5 
s from a vertical plane defined by the rear of the SV and perpendicular 
to the SV travel lane. Within 1.0 <plus-minus> 0.5 s after the turn 
signal has been activated, the SV driver initiates a manual lane change 
into the POV's travel lane. The SV driver then releases the steering 
wheel within 250 ms of the SV exiting a 800.1 m (2,625 ft.) radius 
curve. To meet the performance criteria, the BSI system must intervene 
to prevent the left rear of the SV from contacting the right front of 
the POV. Additionally, the SV BSI intervention shall not cause the SV 
to travel 1.0 ft. (0.3 m) or more beyond the inboard edge of the lane 
line separating the SV travel lane from the lane adjacent and to the 
right of it within the validity period.
    <bullet> SV Lane Change with Constant Headway, False Positive 
Assessment Test--The POV is driven at 72.4 kph (45 mph) in a lane that 
is two lanes to the left of the SV's initial travel lane with a 
constant longitudinal offset such that the front-most part of the POV 
is 1 m (3.3 ft.) ahead of the rear-most part of the SV, which is also 
travelling at 72.4 kph (45 mph). The SV driver engages the left turn 
signal indicator at least 3 s after all pre-SV lane change test 
validity criteria have been satisfied. Within 1.0 <plus-minus> 0.5 s 
after the turn signal has been activated, the SV driver initiates a 
manual lane change into the left adjacent lane (the one between the SV 
and POV). For this test, the driver does not release the steering 
wheel. Since the lane change will not result in an SV-to-POV impact, 
the SV BSI system must not intervene during any valid trials. To 
determine whether a BSI intervention occurred, the SV yaw rate data 
collected during the individual trials performed in this scenario are 
compared to a baseline composite. After being aligned in time to the 
baseline, the difference between the data must not exceed 1 degree/
second within the test validity period.
    The proposed crash-imminent BSI test scenarios represent pre-crash 
scenarios that correspond to a substantial portion of fatalities and 
injuries observed in real-world lane change crashes. As discussed in 
the BSW crash statistics section, Volpe showed that approximately 28 
percent of fatalities and 57 percent of injuries in lane change crashes 
occurred on roads with posted speeds of 72.4 kph (45 mph) or lower.\99\ 
Furthermore, approximately 14 percent of fatalities and 24 percent of 
injuries were reported for crashes that occurred at known travel speeds 
of 72.4 kph (45 mph) or lower.\100\
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    \99\ The posted speed limit was either not reported or was 
unknown in 2 percent of fatal lane change crashes and 18 percent of 
lane change crashes that resulted in injuries.
    \100\ The travel speed was either not reported or was unknown in 
65 percent of fatal lane change crashes and 67 percent of lane 
change crashes that resulted in injuries.
---------------------------------------------------------------------------

    NHTSA has conducted a series of tests utilizing its proposed BSI 
test procedure. Since BSI systems are not widely available in the 
fleet, the Agency selected vehicles in order to cover as many 
manufacturers as possible that have implemented this technology. All 
vehicles selected for BSW testing also underwent BSI testing. Test 
reports related to both test programs can be found in the docket for 
this notice. For the purposes of this testing, the Agency used the 
Global Vehicle Target (GVT) Revision G to represent the POV, which is 
specified in the BSI test procedure as a strikeable object.\101\ When 
the BSI technology assessment is incorporated into NCAP, the Agency 
plans to use the GVT Revision G as a strikeable target to be consistent 
with Euro NCAP's ADAS test procedures that specify a strikeable target. 
In the context of testing BSW and BSI technologies in NCAP to address 
lane change crashes, NHTSA is seeking comment on the following:
---------------------------------------------------------------------------

    \101\ The GVT is a three-dimensional surrogate that resembles a 
white hatchback passenger car. It is currently used by other 
consumer organizations, including Euro NCAP, and vehicle 
manufacturers in their internal testing of ADAS technologies. See 
Section III.D.2. of this notice for an expanded discussion of the 
GVT.
---------------------------------------------------------------------------

    (16) Should all BSW testing be conducted without the turn signal 
indicator activated? Why or why not? If the Agency was to modify the 
BSW test procedure to stipulate activation of the turn signal 
indicator, should the test vehicle be required to provide an audible or 
haptic warning that another vehicle is in its blind zone, or is a 
visual warning sufficient? If a visual warning is sufficient, should it 
continually flash, at a minimum, to provide a distinction from the 
blind spot status when the turn signal is not in use? Why or why not?
    (17) Is it appropriate for the Agency to use the Straight Lane 
Pass-by Test to quantify and ultimately differentiate a vehicle's BSW 
capability based on its ability to provide acceptable warnings when the 
POV has entered the SV's blind spot (as defined by the blind zone) for 
varying POV-SV speed differentials? Why or why not?
    (18) Is using the GVT as the strikeable POV in the BSI test 
procedure appropriate? Is using Revision G in NCAP appropriate? Why or 
why not?
    (19) The Agency recognizes that the BSW test procedure currently 
contains two test scenarios that have multiple test conditions (e.g., 
test speeds and POV approach directions (left and right side of the 
SV)). Is it necessary for the Agency to perform all test scenarios and 
test conditions to address the real-world safety problem adequately, or 
could it test only certain scenarios or conditions to minimize test 
burden in NCAP? For instance, should the Agency consider incorporating 
only the most challenging test conditions into NCAP, such as the ones 
with the greatest speed differential, or choose to perform the test 
conditions having the lowest and highest speeds? Should the Agency 
consider only performing the test conditions where the POV passes by 
the SV on the left side if the vehicle manufacturer provides test data 
to assure the left side pass-by tests are also representative of system 
performance during right side pass-by tests? Why or why not?
    (20) Given the Agency's concern about the amount of system 
performance testing under consideration in this RFC, it seeks input on 
whether to include a BSI false positive test. Is a false positive 
assessment needed to insure system robustness and high customer 
satisfaction? Why or why not?
    (21) The BSW test procedure includes 7 repeated trials for each 
test condition (i.e., test speed and POV approach direction). Is this 
an appropriate number of repeat trials? Why or why not? What is the 
appropriate number of test trials to adopt for each BSI test scenario, 
and why? Also, what is an appropriate pass rate for each of the two 
tests, BSW and BSI, and why is it appropriate?
    (22) Is it reasonable to perform only BSI tests in conjunction with 
activation of the turn signal? Why or why not? If the turn signal is 
not used, how can the operation of BSI be differentiated from the 
heading adjustments resulting from an LKS intervention? Should the SV's 
LKS system be switched off during conduct of the Agency's BSI 
evaluations? Why or why not?

C. Adding Pedestrian Automatic Emergency Braking (PAEB)

    Another important ADAS technology NHTSA proposes to include in its 
upgrade of NCAP is pedestrian automatic emergency braking (PAEB).

[[Page 13470]]

PAEB systems function similar to AEB systems but detect pedestrians 
instead of vehicles. PAEB uses information from forward-looking sensors 
to issue a warning and actively apply the vehicle's brakes when a 
pedestrian, or sometimes a cyclist, is in front of the vehicle and the 
driver has not acted to avoid the impending impact. Similar to AEB, 
PAEB systems typically use cameras to determine whether a pedestrian is 
in imminent danger of being struck by the vehicle, but some systems may 
use a combination of cameras, radar, lidar, and/or thermal imaging 
sensors.
    Many pedestrian crashes occur when a pedestrian is in the forward 
path of a driver's vehicle. Four common pedestrian crash scenarios 
include when the vehicle is:
    1. Heading straight and a pedestrian is crossing the road;
    2. Turning right and a pedestrian is crossing the road;
    3. Turning left and a pedestrian is crossing the road; and
    4. Heading straight and a pedestrian is walking along or against 
traffic.
    These four crash scenarios are defined as Scenarios S1-S4, 
respectively, by the Crash Avoidance Metrics Partnership (CAMP) Crash 
Imminent Braking (CIB) Consortium.\102\
---------------------------------------------------------------------------

    \102\ Carpenter, M.G., Moury, M.T., Skvarce, J.R., Struck, M. 
Zwicky, T. D., & Kiger, S.M. (2014, June), Objective tests for 
forward looking pedestrian crash avoidance/mitigation systems: Final 
report (Report No. DOT HS 812 040), Washington, DC: National Highway 
Traffic Safety Administration.
---------------------------------------------------------------------------

    Two of these scenarios, S1 and S4, are included in NHTSA's draft 
research PAEB test procedure, published on November 21, 2019, and 
referenced herein as the 2019 PAEB test procedure.\103\ The S1 scenario 
represents a pedestrian crossing the road in front of the vehicle, 
while the S4 scenario represents a pedestrian moving with or against 
traffic along the side of the road in the path of the vehicle. Both 
test scenarios are repeated for multiple pedestrian impact locations. 
The S1 and S4 crash scenarios were chosen for inclusion in NHTSA's 2019 
PAEB test procedure because a review of pedestrian crashes from the 
2011 through 2012 GES and FARS data sets \104\ found that, on average, 
these two pre-crash scenarios (S1 and S4) accounted for approximately 
33,000 (52 percent) of vehicle-pedestrian crashes and 3,000 (90 
percent) fatal vehicle-pedestrian crashes with a light-vehicle striking 
a pedestrian as the first event. Furthermore, these crashes accounted 
for 67 percent of MAIS 2+ and 76 percent of MAIS 3+ injured 
pedestrians.\105\ The 2019 PAEB test procedure only considered daylight 
test conditions for both the S1 and S4 crash scenarios.
---------------------------------------------------------------------------

    \103\ 84 FR 64405 (Nov. 21, 2019).
    \104\ Yanagisawa, M., Swanson, E., Azeredo, P., & Najm, W.G. 
(2017, April), Estimation of potential safety benefits for 
pedestrian crash avoidance/mitigation systems (Report No. DOT HS 812 
400), Washington, DC: National Highway Traffic Safety 
Administration.
    \105\ As explained previously, the Abbreviated Injury Scale 
(AIS) is a classification system for assessing impact injury 
severity. AIS ranks individual injuries by body region on a scale of 
1 to 6 where 1 = minor, 2 = moderate, 3 = serious, 4 = severe, 5 = 
critical, and 6 = maximum (untreatable). MAIS represents the maximum 
injury severity, or AIS level, recorded for an occupant (i.e., the 
highest single AIS for a person with one or more injuries).
---------------------------------------------------------------------------

    The Agency's 2019 PAEB test procedure does not include CAMP 
scenario S2 (vehicle turning right and a pedestrian crossing the road), 
and CAMP scenario S3 (vehicle turning left and a pedestrian crossing 
the road). In response to the December 2015 notice, several commenters 
stated that addressing these scenarios with available technology may 
generate a significant number of false positive detections. Such false 
detections could have the unintended consequences of causing hazardous 
situations (e.g., unexpected sudden braking while turning in traffic) 
that could lead drivers to disable their PAEB systems, or even lead to 
an increase in rear-end collisions. The commenters explained that the 
S2 and S3 test scenarios require more sophisticated algorithms as well 
as more robust test methodologies than those required for scenarios S1 
and S4. However, ZF TRW mentioned that ADAS sensors designed to meet 
Euro NCAP's Vulnerable Road Users test procedures would have increased 
fields of view (FOV), which should improve their effectiveness in 
turning scenarios. Others stated that the articulating mannequins may 
not be representative of a real human for all sensing technologies in 
turning scenarios. Most commenters indicated that it was more 
appropriate to focus on the scenarios affording the most significant 
safety benefits first--S1 and S4. Commenters stated that adding the S2 
and S3 scenarios would be more practical when the technology matures. 
NHTSA will continue to evaluate PAEB systems to assess the feasibility 
of expanding the suite of PAEB tests as technological advancements are 
made. The Agency will consider adding these test scenarios (S2 and S3) 
to NCAP in the future once the Agency has repeatable and reliable test 
data to support their inclusion.
    In the 2019 PAEB test procedure, the S1 test scenario includes 
seven different test conditions--S1a, S1b, S1c, S1d, S1e, S1f, and S1g. 
For these tests, the SV travels in a straight, forward direction at 40 
kph (24.9 mph). Additionally, the SV also travels at 16 kph (9.9 mph) 
for test conditions S1a, S1b, S1c, and S1d. A pedestrian mannequin 
crosses perpendicular to the subject vehicle's line of travel at 5 kph 
(3.1 mph) for all test conditions, except for S1e, in which the 
mannequin crosses at 8 kph (5.0 mph). In test condition S1a, the SV 
encounters a crossing adult pedestrian mannequin walking from the 
nearside (i.e., the passenger's side of the vehicle) with 25 percent 
overlap of the vehicle.\106\ In test conditions S1b and S1c, the SV 
encounters a crossing adult pedestrian walking from the nearside with 
50 percent and 75 percent overlap of the vehicle, respectively. In test 
condition S1d, the SV encounters a crossing child pedestrian mannequin 
running from behind parked vehicles from the nearside with 50 percent 
overlap of the vehicle. In test condition S1e, the SV encounters a 
crossing adult pedestrian running from the ``offside'' (i.e., the 
driver's side of the vehicle) with 50 percent overlap of the vehicle. 
In test condition S1f, the SV encounters a crossing adult pedestrian 
walking from the nearside that stops short (-25% overlap) of entering 
the vehicle's path. In test condition S1g, the SV encounters a crossing 
adult pedestrian walking from the nearside that clears the vehicle's 
path (125% overlap).
---------------------------------------------------------------------------

    \106\ Overlap is defined as the percent of the vehicle's width 
that the pedestrian would traverse prior to impact if the vehicle's 
speed and pedestrian's speed remain constant.
---------------------------------------------------------------------------

    The S4 test scenario in the 2019 PAEB test procedure includes three 
different test conditions--S4a, S4b, and S4c. In this test scenario, 
the SV travels in a straight, forward direction at 40 kph (24.9 mph) 
and/or 16 kph (9.9 mph) (for test conditions S4a and S4b) and a 
pedestrian mannequin moves parallel to the flow of traffic at 5 kph 
(3.1 mph) (for test condition S4c) or is stationary (for test condition 
S4a and S4b) in front of the SV. For all S4 test conditions, the SV is 
aligned to impact the pedestrian at 25 percent overlap. In test 
condition S4a, the SV encounters an adult pedestrian standing in front 
of the vehicle on the nearside of the road facing away from the 
approaching SV. In test condition S4b, the SV encounters an adult 
pedestrian standing in front of the vehicle on the nearside of the road 
facing towards the approaching SV. In test condition S4c, the SV 
encounters an adult pedestrian walking in front of the vehicle on the 
nearside of the road facing away from the approaching SV.

[[Page 13471]]

    The Agency is proposing to make several changes to the 2019 PAEB 
test procedure for the purpose of adopting it for use in NCAP. These 
changes involve the pedestrian mannequins, test speeds and included 
test conditions, the specified lighting conditions, and the number of 
test trials required to be conducted for each test condition.
    The first change the Agency is proposing to make to the 2019 PAEB 
test procedure concerns the pedestrian targets. As was recommended by 
several commenters who responded to the December 2015 notice, the 
Agency proposes to utilize state-of-the-art mannequins with 
articulated, moving legs, instead of the posable child and adult 
pedestrian test mannequins specified in the 2019 PAEB test procedure. 
NHTSA believes that the articulating pedestrian targets are more 
representative of walking pedestrians and expects that these more 
realistic targets will encourage development of PAEB systems that 
detect, classify, and respond to pedestrians more accurately and 
effectively. In turn, this should allow manufacturers to improve the 
effectiveness of current PAEB systems. The Agency also recognizes that 
adopting the child and adult articulating targets would harmonize with 
other major consumer information-focused entities that use articulating 
mannequins, such as Euro NCAP and IIHS. The Bipartisan Infrastructure 
Law mandated that NHTSA identify opportunities where NCAP would 
``benefit from harmonization with third-party safety rating programs,'' 
and the Agency believes that the pedestrian mannequins represent one 
such opportunity.
    The second change the Agency is proposing to make to the 2019 PAEB 
test procedure for incorporation into NCAP involves test speeds. The 
test speeds specified in the 2019 PAEB test procedure correspond to a 
relatively small percentage of crashes that result in pedestrian 
injuries and fatalities. Volpe's analysis of 2011-2015 FARS and GES 
crash data sets showed that 9 percent of pedestrian fatalities and 25 
percent of pedestrian injuries resulted from crashes that occurred on 
roadways with posted speeds of 40.2 kph (25 mph) or less, whereas 88 
percent of fatalities and 43 percent of injuries occurred for crashes 
on roadways with posted speeds greater than 40.2 kph (25 
mph).<SUP>107 108</SUP> For crashes that occurred on roadways where the 
travel speed was known, 6 percent of pedestrian fatalities and 19 
percent of pedestrian injuries were reported for travel speeds of 40.2 
kph (25 mph) or less, whereas 36 percent of fatalities and 7 percent of 
injuries occurred for travel speeds greater than 40.2 kph (25 
mph).\109\ NHTSA notes that speeding was a factor in only 5 percent of 
the fatal pedestrian crashes, which suggests that the posted speed 
could correlate closely with the travel speed of the vehicle prior to 
impact with the pedestrian.<SUP>110 111</SUP>
---------------------------------------------------------------------------

    \107\ Swanson, E., Foderaro, F., Yanagisawa, M., Najm, W.G., & 
Azeredo, P. (2019, August), Statistics of light-vehicle pre-crash 
scenarios based on 2011-2015 national crash data (Report No. DOT HS 
812 745), Washington, DC: National Highway Traffic Safety 
Administration.
    \108\ The posted speed limit was either not reported or was 
unknown in 4 percent of fatal pedestrian crashes and 29 percent of 
pedestrian crashes that resulted in injuries.
    \109\ The travel speed was either not reported or was unknown in 
59 percent of fatal pedestrian crashes and 72 percent of pedestrian 
crashes that resulted in injuries.
    \110\ Swanson, E., Foderaro, F., Yanagisawa, M., Najm, W.G., & 
Azeredo, P. (2019, August), Statistics of light-vehicle pre-crash 
scenarios based on 2011-2015 national crash data (Report No. DOT HS 
812 745), Washington, DC: National Highway Traffic Safety 
Administration.
    \111\ In 4 percent of pedestrian crashes, it was unknown or not 
reported whether speeding was a factor.
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    As Volpe's analysis focused on 2011-2015 FARS and GES crash data 
sets, it is likely that most vehicles studied were not equipped with 
PAEB systems. Recently, IIHS studied approximately 1,500 police-
reported crashes involving a wide variety of 2017-2020 model year 
vehicles from various manufacturers to examine the effects of PAEB 
systems on real-world pedestrian crashes.\112\ In this study, the 
Institute found that ``pedestrian AEB was associated with a 32 percent 
reduction in the odds of a pedestrian crash on roads with speed limits 
of 25 mph or less and a 34 percent reduction on roads with 30-35 mph 
limits, but no reduction at all on roads with speed limits of 50 mph or 
higher. . .''. These findings highlight the limitations of existing 
PAEB systems and the importance of adopting higher test speeds for PAEB 
testing (where feasible) to encourage additional safety improvement.
---------------------------------------------------------------------------

    \112\ Cicchino, J.B. (2022, February), Effects of automatic 
emergency braking systems on pedestrian crash risk, Insurance 
Institute for Highway Safety, <a href="https://www.iihs.org/api/datastoredocument/bibliography/2243">https://www.iihs.org/api/datastoredocument/bibliography/2243</a>.
---------------------------------------------------------------------------

    To establish feasible speed thresholds for adoption in its PAEB 
test procedure, the Agency conducted a series of tests on a selection 
of MY 2020 vehicles from various manufacturers to assess the 
operational range and performance of current PAEB systems. Vehicles for 
the PAEB characterization tests were selected with the intent of 
testing a variety of vehicle makes, types, sizes; global and domestic 
products; and forward-facing sensor types (camera only, stereo camera, 
fused camera plus radar, etc.) for a given manufacturer and across all 
manufacturers.
    For the purpose of this study, the Agency used the 2019 PAEB test 
procedure, but employed the articulating mannequins in lieu of the 
posable mannequins and expanded the test procedure specifications to 
include increased vehicle test speeds for the S1b, S1d, S1e, S4a, and 
S4c test conditions. For these tests, the SV speed was incrementally 
increased to identify when each SV reached its operational limits and 
did not respond to the pedestrian target. Before the tests were 
initiated, the maximum test speeds for the S1 and S4 scenarios were set 
to 60 kph (37.2 mph) and 80 kph (49.7 mph), respectively.\113\ These 
maximum speeds are consistent with Euro NCAP's AEB Vulnerable Road User 
test protocol and correspond to up to 74 percent of fatal pedestrian 
crashes and 65 percent of injurious pedestrian crashes that occurred on 
U.S. roadways, per Volpe's 2011-2015 FARS and GES analysis of posted 
speed data.\114\ When no or late intervention occurred for a vehicle 
and test condition (i.e., combination of test scenario and speed), 
NHTSA repeated the test condition at a test speed that was 5 kph (3.1 
mph) lower. This reduced speed defined the system's upper capabilities.
---------------------------------------------------------------------------

    \113\ These test speeds represent the maximum test speeds 
potentially utilized for a given test condition. The actual speeds 
used for a given combination of vehicle and test condition depended 
on observed PAEB system performance.
    \114\ European New Car Assessment Programme (Euro NCAP). (2019, 
July). TEST PROTOCOL--AEB VRU systems 3.0.2.
---------------------------------------------------------------------------

    A test matrix of the PAEB characterization study regarding test 
speed is provided below.
    <bullet> Full PAEB test series (includes S1 a-g and S4 a-c)
    Daytime light conditions, articulating dummies, and additional SV 
test speeds in kph (mph) for S1b, d, and e, and S4a and c, as shown in 
Table 4.

[[Page 13472]]



                                               Table 4--Complete Matrix of the PAEB Characterization Study
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 Scenario                      S1a        S1b        S1c        S1d        S1e        S1f        S1g        S4a        S4b        S4c
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subject Vehicle Speed (kph/mph)...........   16.0/9.9   16.0/9.9   16.0/9.9   16.0/9.9  40.0/24.9  40.0/24.9  40.0/24.9   16.0/9.9   16.0/9.9   16.0/9.9
                                            40.0/24.9  20.0/12.4  40.0/24.9  20.0/12.4  50.0/31.1  .........  .........  40.0/24.9  40.0/24.9  40.0/24.9
                                            .........  30.0/18.6  .........  30.0/18.6  60.0/37.3  .........  .........  50.0/31.1  .........  50.0/31.1
                                            .........  40.0/24.9  .........  40.0/24.9  .........  .........  .........  60.0/37.3  .........  60.0/37.3
                                            .........  50.0/31.1  .........  50.0/31.1  .........  .........  .........  70.0/43.5  .........  70.0/43.5
                                            .........  60.0/37.3  .........  60.0/37.3  .........  .........  .........  80.0/49.7  .........  80.0/49.7
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Agency's characterization testing showed that many MY 2020 
vehicles were able to repeatedly avoid impacting the pedestrian 
mannequins at higher test speeds than those specified in the 2019 PAEB 
test procedure. In fact, several vehicles repeatably achieved full 
crash avoidance at speeds up to 60 kph (37.3 mph) or higher for the 
assessed S1 and S4 test conditions. Test reports related to this 
testing can be found in the docket for this notice.
    In light of these results, NHTSA is proposing to increase the 
maximum SV test speed from the 40 kph (24.9 mph) specified in the 2019 
PAEB test procedure to 60 kph (37.3 mph) for all PAEB test conditions 
the Agency is proposing to include in NCAP. These include S1a-e and 
S4a-c. The Agency notes that it is not proposing to include PAEB false 
positive test conditions (i.e., S1f and S1g) in NCAP at this time, but 
is requesting comment on whether the omission of these test conditions 
is appropriate. NHTSA also notes that 60 kph (37.3 mph) is the maximum 
vehicle speed Euro NCAP uses to assess PAEB performance for test 
conditions that are similar to, if not identical to, some of those 
proposed for use in NCAP, namely S1a, c, d, and e, and S4c. Adopting 
this higher test speed will also drive improved PAEB system performance 
to address a larger portion of real-world fatalities and injuries.
    The Agency is also proposing a minimum test speed of 10 kph (6.2 
mph) for all of the proposed test scenarios. Although this speed is 
lower than the minimum test speed used in the 2019 PAEB test procedure 
and in its characterization testing (i.e., 16 kph (9.9 mph)), it is the 
minimum test speed specified in Euro NCAP's pedestrian tests, with the 
exception of Euro NCAP's Car-to-Pedestrian Longitudinal Adult (CPLA) 
scenario. The minimum vehicle test speed for the CPLA scenario, which 
is similar to the Agency's PAEB S4c test scenario, is 20 kph (12.4 
mph).\115\ As stated earlier, in accordance with the Bipartisan 
Infrastructure Law, the Agency is taking steps to harmonize with 
existing consumer information rating programs where possible and when 
appropriate. NHTSA also believes that reducing the minimum test speed 
to 10 kph (6.2 mph) will assure PAEB system functionality for crashes 
that may still cause injuries.
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    \115\ One difference in the Agency's proposed S4c test condition 
and Euro NCAP's CPLA test condition is the amount of pedestrian 
overlap with the vehicle at the lower speed (NHTSA uses a 25 percent 
overlap while a 50 percent overlap is used in Euro NCAP's CPLA 
test). NHTSA believes that for the 25 percent overlap condition in 
S4c, a minimum test speed of 10 kph (6.2 mph) is appropriate and 
does not see a reason to deviate from the minimum test speed (10 kph 
(6.2 mph)) proposed for the other PAEB test conditions.
---------------------------------------------------------------------------

    In an effort to harmonize with other consumer information programs 
on vehicle safety, NHTSA is also proposing to adopt Euro NCAP's 
approach to assessing vehicles' PAEB system performance by 
incrementally increasing the SV speed from the minimum test speed for a 
given scenario to the maximum. The Agency is proposing 10 kph (6.2 mph) 
increments for this progression in test speed. In their comments to the 
December 2015 notice, Global Automakers and Mobileye encouraged NHTSA 
to expand the applicability of the PAEB tests, particularly the S1 
scenario, to include a broader range of test speeds because pedestrian 
injuries occurred over a wide range of crash speeds, as the Agency has 
also indicated. The organizations also mentioned that PAEB system 
performance reflects a trade-off between FOV and collision speed/
detection distance. Systems that have a narrow FOV are more effective 
at addressing higher speed crashes since they can see further, and 
systems that have a wider FOV are more effective at addressing lower 
speed impacts.
    As its third change to the 2019 PAEB test procedure, the Agency is 
proposing to expand PAEB evaluation to include different lighting 
conditions. NHTSA's PAEB characterization study included performance 
assessments for dark lighting conditions (i.e., nighttime testing), in 
addition to the daylight conditions specified in the 2019 PAEB test 
procedure, for the same test vehicles. For each vehicle model tested, 
one set of tests was conducted with the pedestrian mannequin 
illuminated only by the vehicle's lower beams and a second set of tests 
with the pedestrian mannequin illuminated by the upper beams. The area 
where the mannequin was located was not provided any additional (i.e., 
external) light source. This repeat testing was conducted because 
Volpe's 2011-2015 FARS data set showed that 36 percent of pedestrian 
fatalities occurred in the dark with no overhead lights. Test matrices 
of the PAEB characterization study with respect to dark lighting 
conditions are provided in Tables 5 and 6.
    <bullet> PAEB test series (includes S1b, d, and e, and S4a and c)
    Dark conditions with lower beams, articulating dummies, and 
additional SV test speeds in kph (mph), are shown in Table 5.

                         Table 5--PAEB Test Series for Dark Conditions With Lower Beams
----------------------------------------------------------------------------------------------------------------
            Scenario                    S1b             S1d             S1e             S4a             S4c
----------------------------------------------------------------------------------------------------------------
Subject Vehicle Speed (kph/mph).        16.0/9.9        16.0/9.9       40.0/24.9        16.0/9.9        16.0/9.9
                                       20.0/12.4       20.0/12.4       50.0/31.1       40.0/24.9       40.0/24.9
                                       30.0/18.6       30.0/18.6       60.0/37.3       50.0/31.1       50.0/31.1
                                       40.0/24.9       40.0/24.9  ..............       60.0/37.3       60.0/37.3
                                       50.0/31.1       50.0/31.1  ..............       70.0/43.5       70.0/43.5
                                       60.0/37.3       60.0/37.3  ..............       80.0/49.7       80.0/49.7
----------------------------------------------------------------------------------------------------------------


[[Page 13473]]

    <bullet> PAEB test series (includes S1b, d, and e, and S4a and c)
    Dark conditions with upper beams, articulating dummies, and 
additional SV test speeds in kph (mph), are shown in Table 6.

                         Table 6--PAEB Test Series for Dark Conditions With Upper Beams
----------------------------------------------------------------------------------------------------------------
            Scenario                    S1b             S1d             S1e             S4a             S4c
----------------------------------------------------------------------------------------------------------------
Subject Vehicle Speed (kph/mph).        16.0/9.9        16.0/9.9       40.0/24.9        16.0/9.9        16.0/9.9
                                       20.0/12.4       20.0/12.4       50.0/31.1       40.0/24.9       40.0/24.9
                                       30.0/18.6       30.0/18.6       60.0/37.3       50.0/31.1       50.0/31.1
                                       40.0/24.9       40.0/24.9  ..............       60.0/37.3       60.0/37.3
                                       50.0/31.1       50.0/31.1  ..............       70.0/43.5       70.0/43.5
                                       60.0/37.3       60.0/37.3  ..............       80.0/49.7       80.0/49.7
----------------------------------------------------------------------------------------------------------------

    The Agency's characterization testing (Tables 5 and 6) revealed 
that PAEB system performance generally degraded in dark conditions 
compared to daylight conditions. Additionally, certain test conditions, 
such as S1d and S1e, were particularly challenging in dark conditions, 
especially when the vehicle's lower beams were used. However, a few 
vehicles were able to repeatedly avoid contact with the pedestrian 
mannequins at speeds up to 60 kph (37.3 mph) for certain test 
conditions when the vehicles' lower beams provided the only source of 
light.
    NHTSA's findings for PAEB system performance during testing align 
generally well with those from IIHS' recent system effectiveness study 
for 2017-2020 model year vehicles. IIHS found that although PAEB 
systems were associated with a 32 percent reduction in pedestrian 
crashes occurring during daylight, and a 33 percent reduction in 
pedestrian crashes for areas with artificial lighting during dawn, 
dusk, or at night, there was no evidence that PAEB systems were 
effective at nighttime without street lighting.\116\
---------------------------------------------------------------------------

    \116\ Cicchino, J.B. (2022, February), Effects of automatic 
emergency braking systems on pedestrian crash risk, Insurance 
Institute for Highway Safety, <a href="https://www.iihs.org/api/datastoredocument/bibliography/2243">https://www.iihs.org/api/datastoredocument/bibliography/2243</a>.
---------------------------------------------------------------------------

    Based on the results of the PAEB characterization study and IIHS' 
findings in its recent study, NHTSA is proposing to perform the 
proposed test conditions (S1 a-e and S4 a-c) under daylight conditions 
and under dark conditions with the vehicle's lower beams. NHTSA notes 
that Euro NCAP conducts PAEB testing that is similar to the Agency's 
S4c test condition under dark conditions with vehicles' upper beams in 
use. Because the Agency cannot be assured that a vehicle's upper beams 
are in use during nighttime (i.e., dark lighting conditions) real-world 
driving, NHTSA is proposing only to perform nighttime PAEB assessments 
using vehicles' lower beams for all test conditions included in NCAP at 
this time. However, if the SV is equipped with advanced lighting 
systems such as semiautomatic headlamp beam switching and/or adaptive 
driving beam head lighting system, they shall be enabled to 
automatically engage during the nighttime PAEB assessment. The Agency 
believes this approach covers the two extreme light conditions and as 
such, information regarding performance with the upper beams or under 
infrastructure lighting can be reasonably inferred.
    The Agency recognizes that Euro NCAP performs testing similar to 
S1a and S1c at speeds of 10 kph (6.2 mph) to 60 kph (37.3 mph) in dark 
conditions with the SV lower beams in use; however, overhead 
streetlights are also used in these tests to provide additional light 
source. To study potential performance differences attributable to the 
use of overhead lights during dark conditions, NHTSA performed 
additional testing for PAEB scenarios S1 b, d, and e and S4 a and c for 
a subset of test speeds, 16 kph (9.9 mph) and 40 kph (24.9 mph), for 
two of the MY 2020 vehicles used in its initial characterization study. 
This study was performed using the vehicles' lower beams under dark 
conditions with overhead lights. For this limited testing, the Agency 
observed slightly better PAEB performance in dark lighting conditions 
with overhead lights than in dark lighting conditions without overhead 
lights.
    NHTSA believes that testing with the vehicles' lower beams in dark 
conditions without overhead lights is appropriate, particularly at 
higher test speeds, as it would assure system performance for real-
world situations where visibility is the most limited. Furthermore, as 
mentioned previously, dark lighting conditions with no overhead lights 
represented 36 percent of pedestrian fatalities and dark lighting 
conditions with overhead lights represented 39 percent of pedestrian 
fatalities in Volpe's 2011-2015 FARS data set. Additionally, PAEB 
systems that meet the performance test specifications under dark 
lighting conditions with no overhead lights are likely to meet the 
performance specifications under dark lighting conditions with overhead 
lights. Thus, the Agency believes assessment of PAEB systems under dark 
conditions with no overhead lights and with the vehicle's lower beams 
will encourage vehicle manufacturers to make design improvements to 
address a significant portion of crashes that currently result in 
pedestrian fatalities.
    For the PAEB performance criteria, NHTSA is proposing that a 
vehicle must achieve complete crash avoidance (i.e., have no contact 
with the pedestrian mannequin) in order to pass a test trial conducted 
at each specified test speed (i.e., 10, 20, 30, 40, 50, and 60 kph 
(6.2, 12.4, 18.6, 24.9, 31.1, and 37.3 mph)) for each test condition 
(S1a, b, c, d, and e and S4a, b, and c). NHTSA believes that this 
approach, used in conjunction with an incremental increase in SV speed, 
should limit damage to the pedestrian mannequin and/or the SV during 
testing.
    Along these lines, NHTSA is proposing a fourth change to the 2019 
PAEB test procedure regarding the number of test trials conducted for 
each combination of test condition and test speed. The 2019 PAEB test 
procedure specifies seven test trials be conducted for each test speed 
under each test condition. The Agency is proposing, however, to not 
require that more than one test be conducted per test speed and test 
condition combination if certain criteria are met, and is proposing 
that the pass rate for a given test speed will be dependent on whether 
additional test trials are required to be performed.\117\
---------------------------------------------------------------------------

    \117\ This is a divergence from assessment of LKS, BSW, and BSI 
where a vehicle must meet performance requirements for five out of 
seven valid test trials for a particular test condition to pass that 
test condition.
---------------------------------------------------------------------------

    For a given test condition, the test sequence is initiated at the 
10 kph (6.2 mph) minimum speed. To achieve a pass result, the test must 
be valid (i.e., all test specification and tolerances satisfied), and 
the SV must not contact

[[Page 13474]]

the pedestrian mannequin. If the SV does not contact the pedestrian 
mannequin during the first valid test, the test speed is incrementally 
increased by 10 kph (6.2 mph), and the next test in the sequence is 
performed. Unless the SV contacts the pedestrian mannequin, this 
iterative process continues until a maximum test speed of 60 kph (37.3 
mph) is evaluated. If the SV contacts the pedestrian mannequin, and the 
relative longitudinal velocity between the SV and pedestrian mannequin 
is less than or equal to 50 percent of the initial speed of the SV, the 
Agency will perform four additional (repeated) test trials at the same 
speed for which the impact occurred. The vehicle must not contact the 
pedestrian mannequin for at least three out of the five test trials 
performed at that same speed to pass that specific combination of test 
condition and test speed.\118\ If the SV contacts the pedestrian 
mannequin during a valid test of a test condition (whether it be the 
first test performed for a particular test speed or a subsequent test 
trial at that same speed), and the relative impact velocity exceeds 50 
percent of the initial speed of the SV, no additional test trials will 
be conducted at the given test speed and test condition and the SV is 
considered to have failed the test condition at that specific test 
speed.
---------------------------------------------------------------------------

    \118\ The Agency notes that a similar pass/fail criterion (i.e., 
a vehicle must meet performance requirements for three out of five 
trials for a particular test condition to pass the test condition) 
is included in its LDW test procedure, as referenced earlier.
---------------------------------------------------------------------------

    The Agency is pursuing an assessment approach for PAEB systems that 
differs from the evaluation criteria proposed for the other four 
proposed ADAS technologies discussed earlier in an attempt to reduce 
test burden, but still ensure that passing systems include robust 
designs that will afford an enhanced level of safety. NHTSA recognizes 
that it is proposing a large number of PAEB test conditions for 
inclusion in NCAP--eight total. The Agency also acknowledges that these 
test conditions must be repeated for multiple test speeds and lighting 
conditions, which inherently imposes additional test burden. Therefore, 
the Agency believes that it is reasonable to reduce the number of test 
trials that must be conducted at a given test speed for a particular 
test condition since the SV's PAEB system will also be assessed at 
subsequent test speeds, which would help system robustness. This would 
further be supported by the Agency's proposal to require that five test 
trials be performed in instances where the SV is unable to meet the no 
contact performance requirement in the initial valid trial for that 
combination of test condition and speed.
    Although NHTSA believes that the assessment approach for PAEB 
systems proposed herein is the most reasonable one, the Agency is 
requesting comment on whether it should instead pursue an alternative 
approach, such as conducting seven trials for each test condition and 
speed combination, and requiring that five of the seven trials meet the 
no contact performance criterion. Again, this latter approach would be 
similar to the one proposed for the other ADAS technologies discussed 
earlier.
    Previously, NHTSA noted that it did not conduct the S2 and S3 test 
scenarios as part of the characterization study and is not proposing 
these test scenarios for inclusion in this proposal. The Agency agrees 
with the comments mentioned previously that the majority of vehicles in 
the U.S. fleet are not currently equipped with sensing systems capable 
of detecting pedestrians while a vehicle is turning, as they do not 
have the necessary FOV. The American Automobile Association (AAA) \119\ 
recently conducted PAEB tests, including an S2 scenario where the 
vehicle is turning right with an adult pedestrian crossing. The PAEB 
systems in four model year 2019 vehicles that were tested did not react 
to the test targets during a testing scenario that is similar to 
NHTSA's S2 scenario described above, resulting in all test vehicles 
colliding with the pedestrian target. These systems performed better in 
a scenario that was similar to NHTSA's S1; however, the vehicles 
avoided a collision with the pedestrian target 40 percent of the time 
at a 32.2 kph (20 mph) test speed and nearly all the time at a 48.3 kph 
(30 mph) test speed. Furthermore, in its recent study on PAEB system 
effectiveness, IIHS found that while AEB with pedestrian detection was 
associated with significant reductions in pedestrian crash risk (~27 
percent) and pedestrian injury crash risk (~30 percent), there was no 
evidence to suggest that existing systems were effective while the 
PAEB-equipped vehicle was turning.\120\ Considering these findings, 
NHTSA believes that it is more beneficial at this time to focus our 
efforts on performing PAEB testing at higher speeds and with various 
lighting conditions using the proposed S1 and S4 test scenarios.
---------------------------------------------------------------------------

    \119\ American Automobile Association (2019, October), Automatic 
emergency braking with pedestrian detection, <a href="https://www.aaa.com/AAA/common/aar/files/Research-Report-Pedestrian-Detection.pdf">https://www.aaa.com/AAA/common/aar/files/Research-Report-Pedestrian-Detection.pdf</a>.
    \120\ Cicchino, J. B (2022, February), Effects of automatic 
emergency braking systems on pedestrian crash risk, Insurance 
Institute for Highway Safety, <a href="https://www.iihs.org/api/datastoredocument/bibliography/2243">https://www.iihs.org/api/datastoredocument/bibliography/2243</a>.
---------------------------------------------------------------------------

    In the context of the NCAP PAEB testing program, NHTSA is seeking 
comment on the following:
    (23) Is the proposed test speed range, 10 kph (6.2 mph) to 60 kph 
(37.3 mph), to be assessed in 10 kph (6.2 mph) increments, most 
appropriate for PAEB test scenarios S1 and S4? Why or why not?
    (24) The Agency has proposed to include Scenarios S1 a-e and S4 a-c 
in its NCAP assessment. Is it necessary for the Agency to perform all 
test scenarios and test conditions proposed in this RFC notice to 
address the safety problem adequately, or could NCAP test only certain 
scenarios or conditions to minimize test burden but still address an 
adequate proportion of the safety problem? Why or why not? If it is not 
necessary for the Agency to perform all test scenarios or test 
conditions, which scenarios/conditions should be assessed? Although 
they are not currently proposed for inclusion, should the Agency also 
adopt the false positive test conditions, S1f and S1g? Why or why not?
    (25) Given that a large portion of pedestrian fatalities and 
injuries occur under dark lighting conditions, the Agency has proposed 
to perform testing for the included test conditions (i.e., S1 a-e and 
S4 a-c) under dark lighting conditions (i.e., nighttime) in addition to 
daylight test conditions for test speed range 10 kph (6.2 mph) to 60 
kph (37.3 mph). NHTSA proposes that a vehicle's lower beams would 
provide the source of light during the nighttime assessments. However, 
if the SV is equipped with advanced lighting systems such as 
semiautomatic headlamp beam switching and/or adaptive driving beam head 
lighting system, they shall be enabled to automatically engage during 
the nighttime PAEB assessment. Is this testing approach appropriate? 
Why or why not? Should the Agency conduct PAEB evaluation tests with 
only the vehicle's lower beams and disable or not use any other 
advanced lighting systems?
    (26) Should the Agency consider performing PAEB testing under dark 
conditions with a vehicle's upper beams as a light source? If yes, 
should this lighting condition be assessed in addition to the proposed 
dark test condition, which would utilize only a vehicle's lower beams 
along with any advanced lighting system enabled to automatically 
engage, or in lieu of the proposed dark testing condition?

[[Page 13475]]

Should the Agency also evaluate PAEB performance in dark lighting 
conditions with overhead lights? Why or why not? What test scenarios, 
conditions, and speed(s) are appropriate for nighttime (i.e., dark 
lighting conditions) testing in NCAP, and why?
    (27) To reduce test burden in NCAP, the Agency proposed to perform 
one test per test speed until contact occurs, or until the vehicle's 
relative impact velocity exceeds 50 percent of the initial speed of the 
subject vehicle for the given test condition. If contact occurs and if 
the vehicle's relative impact velocity is less than or equal to 50 
percent of the initial SV speed for the given combination of test speed 
and test condition, an additional four test trials will be conducted at 
the given test speed and test condition, and the SV must meet the 
passing performance criterion (i.e., no contact) for at least three out 
of those five test trials in order to be assessed at the next 
incremental test speed. Is this an appropriate approach to assess PAEB 
system performance in NCAP, or should a certain number of test trials 
be required for each assessed test speed? Why or why not? If a certain 
number of repeat tests is more appropriate, how many test trials should 
be conducted, and why?
    (28) Is a performance criterion of ``no contact'' appropriate for 
the proposed PAEB test conditions? Why or why not? Alternatively, 
should the Agency require minimum speed reductions or specify a maximum 
allowable SV-to-mannequin impact speed for any or all of the proposed 
test conditions (i.e., test scenario and test speed combination)? If 
yes, why, and for which test conditions? For those test conditions, 
what speed reductions would be appropriate? Alternatively, what maximum 
allowable impact speed would be appropriate?
    (29) If the SV contacts the pedestrian mannequin during the initial 
trial for a given test condition and test speed combination, NHTSA 
proposes to conduct additional test trials only if the relative impact 
velocity observed during that trial is less than or equal to 50 percent 
of the initial speed of the SV. For a test speed of 60 kph (37.3 mph), 
this maximum relative impact velocity is nominally 30 kph (18.6 mph), 
and for a test speed of 10 kph (6.2 mph), the maximum relative impact 
velocity is nominally 5 kph (3.1 mph). Is this an appropriate limit on 
the maximum relative impact velocity for the proposed range of test 
speeds? If not, why? Note that the tests in Global Technical Regulation 
(GTR) No. 9 for pedestrian crashworthiness protection simulates a 
pedestrian impact at 40 kph (24.9 mph).
    (30) For each lighting condition, the Agency is proposing 6 test 
speeds (i.e., those performed from 10 to 60 kph (6.2 to 37.3 mph) in 
increments of 10 kph (6.2 mph)) for each of the 8 proposed test 
conditions (S1a, b, c, d, and e and S4a, b, and c). This results in a 
total of 48 unique combinations of test conditions and test speeds to 
be evaluated per lighting condition, or 96 total combinations for both 
light conditions. The Agency mentions later, in the ADAS Ratings System 
section, that it plans to use check marks, as is done currently, to 
give credit to vehicles that (1) are equipped with the recommended ADAS 
technologies, and (2) pass the applicable system performance test 
requirements for each ADAS technology included in NCAP until it issues 
(1) a final decision notice announcing the new ADAS rating system and 
(2) a final rule to amend the safety rating section of the vehicle 
window sticker (Monroney label). For the purposes of providing credit 
for a technology using check marks, what is an appropriate minimum 
overall pass rate for PAEB performance evaluation? For example, should 
a vehicle be said to meet the PAEB performance requirements if it 
passes two-thirds of the 96 unique combinations of test conditions and 
test speeds for the two lighting conditions (i.e., passes 64 unique 
combinations of test conditions and test speeds)?
    (31) Given previous support from commenters to include S2 and S3 
scenarios in the program at some point in the future and the results of 
AAA's testing for one of the turning conditions, NHTSA seeks comment on 
an appropriate timeframe for including S2 and S3 scenarios into the 
Agency's NCAP. Also, NHTSA requests from vehicle manufacturers 
information on any currently available models designed to address, and 
ideally achieve crash avoidance during conduct of, the S2 and S3 
scenarios to support Agency evaluation for a future program upgrade.
    (32) Should the Agency adopt the articulated mannequins into the 
PAEB test procedure as proposed? Why or why not?
    (33) In addition to tests performed under daylight conditions, the 
Agency is proposing to evaluate the performance of PAEB systems during 
nighttime conditions where a large percentage of real-world pedestrian 
fatalities occur. Are there other technologies and information 
available to the public that the Agency can evaluate under nighttime 
conditions?
    (34) Are there other safety areas that NHTSA should

[…truncated; see source link]
Indexed from Federal Register on March 9, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.