Notice2024-27447

New Car Assessment Program Final Decision Notice-Advanced Driver Assistance Systems and Roadmap

Primary source

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Published
December 3, 2024

Issuing agencies

Transportation DepartmentNational Highway Traffic Safety Administration

Abstract

This final decision notice adds four new advanced driver assistance systems (ADAS) technologies--blind spot warning (BSW), blind spot intervention (BSI), lane keeping assist (LKA), and pedestrian automatic emergency braking (PAEB)--to the New Car Assessment Program (NCAP) and enhances the performance evaluation of ADAS technologies currently in NCAP. The notice also finalizes a 10-year roadmap for updating NCAP through multiple phases for the period 2024 through 2033. This notice responds in part to the provisions in section 24213 of the Infrastructure, Investment, and Jobs Act.

Full Text

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[Federal Register Volume 89, Number 232 (Tuesday, December 3, 2024)]
[Notices]
[Pages 95916-96083]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27447]



[[Page 95915]]

Vol. 89

Tuesday,

No. 232

December 3, 2024

Part II





Department of Transportation





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National Highway Traffic Safety Administration





New Car Assessment Program Final Decision Notice--Advanced Driver 
Assistance Systems and Roadmap; Notice

Federal Register / Vol. 89 , No. 232 / Tuesday, December 3, 2024 / 
Notices

[[Page 95916]]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2024-0077]


New Car Assessment Program Final Decision Notice--Advanced Driver 
Assistance Systems and Roadmap

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

ACTION: Final decision notice.

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SUMMARY: This final decision notice adds four new advanced driver 
assistance systems (ADAS) technologies--blind spot warning (BSW), blind 
spot intervention (BSI), lane keeping assist (LKA), and pedestrian 
automatic emergency braking (PAEB)--to the New Car Assessment Program 
(NCAP) and enhances the performance evaluation of ADAS technologies 
currently in NCAP. The notice also finalizes a 10-year roadmap for 
updating NCAP through multiple phases for the period 2024 through 2033. 
This notice responds in part to the provisions in section 24213 of the 
Infrastructure, Investment, and Jobs Act.

DATES: Decisions on planned changes to the New Car Assessment Program 
are effective for the 2026 model year.

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

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Summary
II. Summary of Updates to NCAP and Roadmap for Future Updates
III. Background
IV. Updating Forward Collision Prevention Technologies
V. Adding Pedestrian Automatic Emergency Braking (PAEB) Technology
VI. Adding Blind Spot Technologies
VII. Updating Lane Keeping Technologies
VIII. Self-Reported Data
IX. NCAP Roadmap
X. Economic Analysis
XI. Appendix

I. Executive Summary

    Since its launch in 1978, NHTSA's New Car Assessment Program (NCAP) 
has supported 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 
related crashes, fatalities, and injuries, with passenger vehicle 
occupant fatalities decreasing from 32,043 to 26,325 from 2001 to 
2021.\1\ Unfortunately, this reduction was not universal, with 
pedestrian fatalities increasing by 51 percent during the same 
timeframe, from 4,901 to 7,388.\2\ Despite improvements in automotive 
safety since NCAP's implementation, far more work must be done to 
reduce the continued high toll to human life on our nation's roads. In 
response to this need, on March 9, 2022, NHTSA published a Request for 
Comments (RFC) notice outlining proposed NCAP updates.\3\
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    \1\ Traffic Safety Facts 2021 ``A Compilation of Motor Vehicle 
Crash Data.'' U.S. Department of Transportation. National Highway 
Traffic Safety Administration. NHTSA acknowledges a recent increase 
in passenger vehicle occupant fatalities occurring during the COVID-
19 pandemic. In 2019, 22,372 passenger vehicle occupants were killed 
in traffic crashes.
    \2\ Traffic Safety Facts 2021 ``A Compilation of Motor Vehicle 
Crash Data.'' U.S. Department of Transportation. National Highway 
Traffic Safety Administration.
    \3\ Docket No. NHTSA-2021-0002. 87 FR 13452 (March 9, 2022).
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    After careful consideration of all comments received and applicable 
regulatory considerations, this notice announces the Agency's decision 
to update NCAP with the enhanced evaluation of advanced driver 
assistance systems (ADAS) technologies currently in NCAP \4\ and to add 
four new ADAS technologies to NCAP: blind spot warning (BSW), blind 
spot intervention (BSI), lane keeping assist (LKA),\5\ and pedestrian 
automatic emergency braking (PAEB). This notice also establishes a 10-
year roadmap for updating NCAP through a multi-phased approach, with 
RFC notices planned over the next several years. NHTSA will address 
comments received on program elements outside the scope of the March 
2022 RFC notice in subsequent final decision notices as part of the 
multi-phase efforts to update NCAP over the next several years.
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    \4\ The ADAS technologies currently evaluated in NCAP are 
forward collision warning (FCW), lane departure warning (LDW), 
dynamic brake support (DBS), and crash imminent braking (CIB).
    \5\ ``LKS'' was used for this technology in the March 2022 RFC. 
However, in this final decision notice, ``LKA'' is used instead to 
maintain consistency with other agency initiatives.
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A. Legal and Policy Considerations

    In finalizing its decisions for this notice, in addition to 
comments received, the Agency sought to address requirements from the 
2015 Fixing America's Surface Transportation (FAST) Act,\6\ the 2021 
Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure 
Investment and Jobs Act,\7\ and the U.S. Department of Transportation's 
National Roadway Safety Strategy. The Agency also took into 
consideration its May 9, 2024, final rule for FMVSS No. 127, 
``Automatic Emergency Braking for Light Vehicles.'' \8\ These 
considerations are described below.
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    \6\ Public Law 114-94.
    \7\ Public Law 117-58.
    \8\ Docket No. NHTSA-2023-0021. 89 FR 39686 (May. 9, 2024).
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1. 2015 Fixing America's Surface Transportation Act

    This final decision notice serves as NHTSA's initial step in 
fulfilling section 24322 of the FAST Act, which directs the Agency to 
promulgate a rule ensuring the display of crash avoidance information 
next to crashworthiness information on window stickers that 
manufacturers place on motor vehicles.\9\ The Agency is currently 
working to develop a crash avoidance rating system based on comments 
received in response to several rating system concepts discussed in the 
March 2022 RFC, and this notice finalizes additional crash avoidance 
technologies that will be included in the future crash avoidance rating 
system.
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    \9\ Section 24322 of the FAST Act, otherwise known as the 
``Safety Through Informed Consumers Act of 2015.''
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2. 2021 Bipartisan Infrastructure Law

    This notice also fulfills in part several mandates in section 24213 
of the BIL, enacted on November 15, 2021 as the Infrastructure 
Investment and Jobs Act.\10\ First, section 24213(a) requires NHTSA to 
``finalize the proceeding for which comments were requested'' on 
December 16, 2015.\11\ This final decision notice does so by adopting 
four new ADAS technologies discussed in the Agency's December 16, 2015 
RFC notice,\12\ thus finalizing that proceeding and notice.\13\
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    \10\ Public Law 117-58.
    \11\ Id. at Section 24213(a); the notice referred to in the 
Bipartisan Infrastructure Law is 80 FR 78522 (Dec. 16, 2015).
    \12\ Docket No. NHTSA-2015-0119. 80 FR 78591 (Dec. 16, 2015).
    \13\ As communicated in the March 2022 RFC, while NHTSA is 
adopting a roadmap that includes aspects of the 2015 RFC, this 
notice is not an extension of the December 2015 notice.
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    Second, this notice addresses the Advanced Crash-Avoidance 
Technologies portion of section 24213(b) of the BIL, which directs the 
Secretary of the Department of

[[Page 95917]]

Transportation to ``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 an appropriate methodology for: (1) determining 
which advanced crash avoidance technologies should be included in the 
information, (2) developing performance test criteria for use by 
manufacturers in evaluating those technologies, (3) determining a 
distinct rating system involving each crash avoidance technology, and 
(4) updating overall vehicle ratings to incorporate the advanced crash 
avoidance technology ratings. This notice satisfies two of these four 
requirements by (1) adopting established criteria for determining which 
advanced crash avoidance technology \14\ should be included as 
referenced and discussed in the March 9, 2022 RFC notice, and (2) 
finalizing test procedures and criteria to evaluate performance for 
each of these advanced crash avoidance technologies. Although the 
Agency is not yet implementing a rating system for individual crash 
avoidance technologies, it has sought comments in this regard and has 
detailed plans in its roadmap to finalize such ratings, along with an 
updated overall (i.e., crashworthiness and crash avoidance) rating, in 
the near future.
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    \14\ This notice refers to advanced crash avoidance technology 
as ADAS technology.
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    Third, this notice addresses the Vulnerable Road User Safety 
portion of section 24213(b), which directs the Secretary to publish a 
notice meeting similar requirements to those mandated for advanced 
crash avoidance technologies ``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. By applying the established inclusion criteria in the 
adoption of PAEB technology and the applicable test procedures and 
evaluation criteria included in this notice, two of the four 
requirements for the Vulnerable Road User Safety portion of section 
24213(b) will be met. NHTSA will fulfill the remaining requirements 
when it proposes and finalizes a new rating system for the crash 
avoidance technologies in NCAP.
    Fourth, this final decision notice fulfills the requirements in 
section 24213(c) of the BIL. This section states that, within one year 
of the law's enactment, the Secretary of the Department of 
Transportation shall establish a roadmap, vetted through the public 
comment process, identifying and prioritizing safety opportunities and 
technologies that could be used in future roadmaps, establishing a plan 
for implementation of NCAP changes, and considering the benefits of 
consistency with other U.S. and international rating systems. Section 
24213(c) further specifies that the roadmap shall span a term of ten 
years, with five-year mid-term and five-year long-term components. 
Further, it requires updates to the roadmap at least once every four 
years to reflect new Agency interests and diverse stakeholder input 
(garnered annually), and in consideration of opportunities to benefit 
from collaboration and/or harmonization with third-party safety rating 
programs. As will be discussed herein, the Agency is taking steps to 
harmonize with existing consumer information rating programs, where 
possible and when appropriate, both for this NCAP update and future 
initiatives included in the program's roadmap. The Agency's proposed 
roadmap includes phased updates, as mandated, and was made available 
for public comment as part of the March 2022 RFC notice. As all 
relevant comments received have been considered prior to this notice's 
finalization, the Agency has fulfilled the requirements of section 
24213(c). Additional details for the mid-term and long-term five-year 
spans are available in the NCAP Roadmap section of this notice.

3. 2022 U.S. Department of Transportation National Roadway Safety 
Strategy (NRSS)

    The U.S. Department of Transportation published the National 
Roadway Safety Strategy (NRSS) in January 2022.\15\ The NRSS announced 
key planned departmental actions aimed at significantly reducing 
serious roadway injuries and deaths to reach the Department's long-term 
zero roadway fatalities goal. At the core of the NRSS is the 
Department-wide adoption of the Safe Systems Approach,\16\ which 
focuses on building layers of protection to both prevent crashes from 
happening and minimize harm when crashes do occur.
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    \15\ U.S. Department of Transportation. (2020). ``National 
Roadway Safety Strategy, Version 1.1.'' <a href="https://www.transportation.gov/sites/dot.gov/files/2022-02/USDOT-National-Roadway-Safety-Strategy.pdf">https://www.transportation.gov/sites/dot.gov/files/2022-02/USDOT-National-Roadway-Safety-Strategy.pdf</a>.
    \16\ <a href="https://www.transportation.gov/NRSS/SafeSystem">https://www.transportation.gov/NRSS/SafeSystem</a>.
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    With respect to NCAP, the NRSS supports program updates emphasizing 
safety features that protect people both inside and outside the 
vehicle. These safety features may incorporate consideration of 
pedestrian protection systems, better understanding of impacts to 
pedestrians (e.g., specific considerations for children), and may 
include automatic emergency braking and lane keeping assistance to 
benefit bicyclists and pedestrians. The NCAP program also works to 
identify the most promising vehicle technologies to help achieve NRSS's 
safety goals, such as alcohol detection systems and driver distraction 
mitigation systems. In addition, the NRSS includes a 10-year roadmap 
for the program and lists as a key departmental action the initiation 
of rulemaking to update the vehicle Monroney label. As part of that 
process, the Agency may also consider including information on features 
that mitigate safety risks for people outside of the vehicle.
    This final decision notice presents NHTSA's initial actions towards 
the implementation of this broad, multi-faceted safety strategy for 
NCAP that includes improved road safety for both motor vehicle 
occupants and people outside of the vehicle, including pedestrians and 
other vulnerable road users. Additionally, the 10-year roadmap for the 
program presents a plan for the incorporation of future safety 
technologies and provides a projected timeline for updating the 
Monroney label to include crash avoidance information.
    Relatedly, NRSS lists the initiation of a new rulemaking to require 
automatic emergency braking and pedestrian automatic emergency braking 
on passenger vehicles as a key departmental action. In response to this 
action, NHTSA published a final rule on May 9, 2024, establishing a new 
Federal motor vehicle safety standard, FMVSS No. 127, ``Automatic 
Emergency Braking for Light Vehicles.'' Similar to the changes adopted 
by NCAP in this notice, this final rule aims to reduce the frequency 
and associated injury and fatalities of rear-end and pedestrian 
crashes. Manufacturers must comply with the final rule by September 1, 
2029.\17\ This final decision notice will upgrade NCAP to provide 
consumers with additional vehicle safety information on AEB and PAEB 
technologies to help them make more informed purchasing decisions. 
NHTSA will identify vehicles that are equipped with these recommended 
technologies and pass NHTSA's performance criteria by way of check 
marks on the NHTSA website starting with model year 2026

[[Page 95918]]

vehicles, as discussed in the following sections. Although the final 
rule and this decision on NCAP rely on the agency's separate 
authorities, NHTSA has sought to ensure that the revised test 
procedures for NCAP and the AEB final rule are compatible with one 
another, such that a manufacturer would be able to design a system that 
both received NCAP credit and would meet the requirements contained in 
the final rule.\18\ NHTSA believes these collective efforts will lead 
to more rapid and complete market penetration of AEB and PAEB 
technologies.
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    \17\ Vehicles produced by small-volume manufacturers, final-
stage manufacturers, and alterers must be equipped with a compliant 
AEB system by September 1, 2030.
    \18\ See Appendix.
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II. Summary of Updates to NCAP and Roadmap for Future Updates

    A brief summary of the updates to NCAP included in this final 
decision notice is provided below, along with the finalized 10-year 
roadmap for future updates to NCAP.

Updates To Crash Imminent Braking (CIB), Dynamic Brake Support (DBS), 
and Forward Collision Warning (FCW) Evaluations

    This notice modifies the existing test conditions, evaluation 
procedure, and performance criteria for crash imminent braking (CIB) 
and dynamic brake support (DBS) systems, subject to the same test 
scenarios currently used in NCAP.\19\ An overview of the amended test 
scenarios (Lead Vehicle Stopped (LVS), Lead Vehicle Moving (LVM), and 
Lead Vehicle Decelerating (LVD)) and test conditions (subject vehicle 
(SV) speed, principal other vehicle (POV) speed, POV headway, and POV 
deceleration) required to receive passing credit for AEB systems (i.e., 
CIB and DBS collectively) in NCAP is shown in Tables 1 and 2. NHTSA 
will test vehicles starting with the lowest test speed for a test 
scenario and incrementally increase test speed according to the test 
matrix in Tables 1 and 2, with only one trial \20\ conducted per test 
condition. The passing criterion for a test trial is no contact between 
the subject vehicle and principal other vehicle. If the subject vehicle 
contacts the principal other vehicle during a test trial, the vehicle 
fails the assessed test condition and the AEB test overall, whether CIB 
or DBS. In the event of subject vehicle-to-principal other vehicle 
contact, testing will cease for the test condition, respective test 
scenario, the AEB test being performed (i.e., CIB or DBS), and the AEB 
assessment overall.\21\ NHTSA will also continue to conduct the false 
positive \22\ test scenario currently used in NCAP, but has modified 
the test conditions and requirements for passing performance. This test 
scenario evaluates the propensity of a vehicle's DBS system to activate 
inappropriately in a non-critical driving scenario that would not 
present a safety risk to the vehicle's occupants. A vehicle must pass 
each of the 19 required CIB test conditions to obtain credit for CIB 
and must also separately pass each of the 17 required DBS test 
conditions to obtain credit for DBS.
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    \19\ CIB and DBS systems are collectively known as automatic 
emergency braking (AEB).
    \20\ 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.
    \21\ In essence, because the Agency will provide an overall 
assessment for AEB performance, if a vehicle fails a trial run in 
the DBS test, testing will cease for the DBS assessment, and CIB 
assessments will not be conducted because the vehicle will have 
failed the AEB assessment overall.
    \22\ For purposes of this document, NHTSA uses ``false 
positive'' and ``false activation'' interchangeably, and the Agency 
intends for them to refer to the same situations.
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    NHTSA is consolidating forward collision warning (FCW) testing to 
assess and evaluate FCW functionality during CIB and DBS testing in all 
test scenarios except NHTSA's false positive tests. For evaluations 
during CIB and DBS testing, the test vehicle must issue an FCW prior to 
the onset of automatic braking (as defined by the instant the subject 
vehicle deceleration reaches at least 0.15g) for the vehicle to pass 
each test trial run conducted as part of NCAP's CIB and DBS testing. If 
the required FCW is not issued prior to the onset of automatic braking 
imparted by CIB, the vehicle will fail the test trial and CIB/DBS 
assessment overall. NHTSA will conduct the AEB evaluation by (1) fully 
releasing the subject vehicle's accelerator pedal (at any rate) within 
500 milliseconds (ms) after an FCW is issued (during CIB and DBS 
evaluations, and whether before or after automatic braking has begun), 
and (2) initiating manual (robotic) brake application at a time that 
corresponds to 1.0 <plus-minus> 0.1 seconds after issuance of the 
required FCW signals (during DBS evaluations). A FCW must be presented 
to the vehicle operator via a minimum of two sensory modalities to 
receive credit in each of NCAP's CIB and DBS tests (except for the 
false positive test). A vehicle must present, at a minimum, an FCW 
comprised of visual and auditory signals. Finally, Revision G of the AB 
Dynamics (ABD) Global Vehicle Target (GVT) will be used as the 
principal other vehicle in NCAP testing instead of the currently used 
Strikable Surrogate Vehicle (SSV) test device. Other details of the 
test conditions and response to comments on updating CIB, DBS, and FCW 
evaluations are provided in relevant sections in this notice.

                                                   Table 1--Adopted CIB Test Scenarios and Conditions
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                                                                                                                  POV
                 Test no.                    Test scenario   SV speed (kph  POV speed (kph  POV headway (m   deceleration        Requirement to pass
                                                                (mph))          (mph))          (ft.))            (g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.........................................             LVS       40 (24.9)               0             n/a             n/a  No SV-to-POV contact during
                                                                                                                             any test trial.
2.........................................                       50 (31.1)               0             n/a             n/a
3.........................................                       60 (37.3)               0             n/a             n/a
4.........................................                       70 (43.5)               0             n/a             n/a
5.........................................                       80 (49.7)               0             n/a             n/a
6.........................................             LVM       40 (24.9)       20 (12.4)             n/a             n/a
7.........................................                       50 (31.1)       20 (12.4)             n/a             n/a
8.........................................                       60 (37.3)       20 (12.4)             n/a             n/a
9.........................................                       70 (43.5)       20 (12.4)             n/a             n/a
10........................................                       80 (49.7)       20 (12.4)             n/a             n/a
11........................................             LVD       50 (31.1)       50 (31.1)      40 (131.2)             0.3
12........................................                       50 (31.1)       50 (31.1)       12 (39.4)             0.3
13........................................                       80 (49.7)       80 (49.7)      40 (131.2)             0.3
14........................................                       80 (49.7)       80 (49.7)       12 (39.4)             0.3
15........................................                       50 (31.1)       50 (31.1)      40 (131.2)             0.5
16........................................                       50 (31.1)       50 (31.1)       12 (39.4)             0.5
17........................................                       80 (49.7)       80 (49.7)      40 (131.2)             0.5

[[Page 95919]]

 
18........................................                       80 (49.7)       80 (49.7)       12 (39.4)             0.5
19........................................  False Positive       80 (49.7)             n/a             n/a             n/a  SV peak deceleration <0.25g
                                                     (STP)
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                                                   Table 2--Adopted DBS Test Scenarios and Conditions
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                                                                                                                  POV
                 Test no.                    Test scenario   SV speed (kph  POV speed (kph  POV headway (m   deceleration        Requirement to pass
                                                                (mph))          (mph))          (ft.))            (g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.........................................             LVS       70 (43.5)               0             n/a             n/a  No SV-to-POV contact during
                                                                                                                             any test trial.
2.........................................                       80 (49.7)               0             n/a             n/a
3.........................................                       90 (55.9)               0             n/a             n/a
4.........................................                      100 (62.1)               0             n/a             n/a
5.........................................             LVM       70 (43.5)       20 (12.4)             n/a             n/a
6.........................................                       80 (49.7)       20 (12.4)             n/a             n/a
7.........................................                       90 (55.9)       20 (12.4)             n/a             n/a
8.........................................                      100 (62.1)       20 (12.4)             n/a             n/a
9.........................................             LVD       50 (31.1)       50 (31.1)      40 (131.2)             0.3
10........................................                       50 (31.1)       50 (31.1)       12 (39.4)             0.3
11........................................                       80 (49.7)       80 (49.7)      40 (131.2)             0.3
12........................................                       80 (49.7)       80 (49.7)       12 (39.4)             0.3
13........................................                       50 (31.1)       50 (31.1)      40 (131.2)             0.5
14........................................                       50 (31.1)       50 (31.1)       12 (39.4)             0.5
15........................................                       80 (49.7)       80 (49.7)      40 (131.2)             0.5
16........................................                       80 (49.7)       80 (49.7)       12 (39.4)             0.5
17........................................  False Positive       80 (49.7)             n/a             n/a             n/a  SV peak deceleration <0.25g
                                                     (STP)                                                                   over the baseline peak
                                                                                                                             imparted by manual braking.
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Adding Pedestrian Automatic Emergency Braking Evaluation

    NHTSA is adding the evaluation of pedestrian automatic emergency 
braking (PAEB) to NCAP using four crossing test scenarios and two in-
path test scenarios to evaluate PAEB in daylight and darkness lighting 
conditions with no overhead lights. For the crossing scenarios (S1), a 
walking adult or running child pedestrian mannequin crosses 
perpendicular to the vehicle's line of travel from either the driver's 
left or right side. For the in-path scenarios (S4), an adult pedestrian 
mannequin is slightly overlapped with the front of the vehicle and is 
either facing away while standing in front of the vehicle, or walking 
away from the vehicle, parallel to the flow of traffic.
    The subject vehicle's lower beam headlamps will be used during all 
NCAP PAEB testing in dark lighting conditions, and the upper beam 
headlamps will not be engaged either manually or automatically by way 
of an advanced lighting system, such as adaptive driving beams, unless 
such a system cannot be deactivated. This requirement will apply even 
to those systems that are active by default when low beam headlamps are 
first engaged. The performance criterion for NCAP's PAEB tests will be 
no contact with the pedestrian mannequin. The 4activePA Adult and 
4activePA Child pedestrian test mannequins (articulating mannequins) 
will be used for NCAP's PAEB evaluation.
    NHTSA will test for each of the adopted PAEB test conditions at a 
minimum subject vehicle speed threshold of 10 kph (6.2 mph), increasing 
the subject vehicle speed in 10 kph (6.2 mph) increments until the 
maximum speed threshold is reached, so long as the test vehicle does 
not contact the pedestrian mannequin during each progressive speed 
tested. For test conditions S1a, S1b, S1e, S4a, and S4c, the Agency is 
adopting a maximum subject vehicle speed threshold of 60 kph (37.3 mph) 
for both daylight and darkness testing. For test condition S1d, NHTSA 
is adopting a maximum subject vehicle speed threshold of 60 kph (37.3 
mph) for daylight testing and 40 kph (24.9 mph) for darkness testing. 
Should the subject vehicle contact the pedestrian mannequin during the 
initial run for any test speed, testing will cease for the test 
condition, respective test scenario, and PAEB testing overall for the 
particular lighting condition. Only one trial will be conducted per 
test condition and vehicles must pass all required tests (i.e., no 
contact with pedestrian mannequin) to receive PAEB credit for the 
relevant lighting condition.
    An overview of test scenarios and test parameters (pedestrian size, 
test speed, pedestrian motion, overlap, and obstruction) is provided in 
Tables 3 and 4.

                                                                Table 3--Adopted NCAP PAEB Daylight Test Conditions and Variants
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                                                                                                                                                                     Test speeds  (kph (mph))
          Test condition                    Size                Movement            Path  origin          Overlap  (%)           Obstruction         Test no.    -------------------------------
                                                             classification                                                                                             SV          Pedestrian
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S4c...............................  Adult (Facing Away).  Walk................  Right...............  25..................  No..................               1        10 (6.2)         5 (3.1)

[[Page 95920]]

 
                                                                                                                                                               2       20 (12.4)         5 (3.1)
                                                                                                                                                               3       30 (18.6)         5 (3.1)
                                                                                                                                                               4       40 (24.9)         5 (3.1)
                                                                                                                                                               5       50 (31.1)         5 (3.1)
                                                                                                                                                               6       60 (37.3)         5 (3.1)
S4a...............................  Adult (Facing Away).  Stationary..........  Right...............  25..................  No..................               7        10 (6.2)               0
                                                                                                                                                               8       20 (12.4)               0
                                                                                                                                                               9       30 (18.6)               0
                                                                                                                                                              10       40 (24.9)               0
                                                                                                                                                              11       50 (31.1)               0
                                                                                                                                                              12       60 (37.3)               0
S1b...............................  Adult...............  Walk................  Right...............  50..................  No..................              13        10 (6.2)         5 (3.1)
                                                                                                                                                              14       20 (12.4)         5 (3.1)
                                                                                                                                                              15       30 (18.6)         5 (3.1)
                                                                                                                                                              16       40 (24.9)         5 (3.1)
                                                                                                                                                              17       50 (31.1)         5 (3.1)
                                                                                                                                                              18       60 (37.3)         5 (3.1)
S1a...............................  Adult...............  Walk................  Right...............  25..................  No..................              19        10 (6.2)         5 (3.1)
                                                                                                                                                              20       20 (12.4)         5 (3.1)
                                                                                                                                                              21       30 (18.6)         5 (3.1)
                                                                                                                                                              22       40 (24.9)         5 (3.1)
                                                                                                                                                              23       50 (31.1)         5 (3.1)
                                                                                                                                                              24       60 (37.3)         5 (3.1)
S1e...............................  Adult...............  Run.................  Left................  50..................  No..................              25        10 (6.2)         8 (5.0)
                                                                                                                                                              26       20 (12.4)         8 (5.0)
                                                                                                                                                              27       30 (18.6)         8 (5.0)
                                                                                                                                                              28       40 (24.9)         8 (5.0)
                                                                                                                                                              29       50 (31.1)         8 (5.0)
                                                                                                                                                              30       60 (37.3)         8 (5.0)
S1d...............................  Child...............  Run.................  Right...............  50..................  Yes.................              31        10 (6.2)         5 (3.1)
                                                                                                                                                              32       20 (12.4)         5 (3.1)
                                                                                                                                                              33       30 (18.6)         5 (3.1)
                                                                                                                                                              34       40 (24.9)         5 (3.1)
                                                                                                                                                              35       50 (31.1)         5 (3.1)
                                                                                                                                                              36       60 (37.3)         5 (3.1)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                Table 4--Adopted NCAP PAEB Darkness Test Conditions and Variants
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                      Test speeds (kph (mph))
          Test condition                    Size                Movement            Path  origin          Overlap  (%)           Obstruction         Test no.    -------------------------------
                                                             classification                                                                                             SV          Pedestrian
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S4c...............................  Adult (Facing Away).  Walk................  Right...............  25..................  No..................               1        10 (6.2)         5 (3.1)
                                                                                                                                                               2       20 (12.4)         5 (3.1)
                                                                                                                                                               3       30 (18.6)         5 (3.1)
                                                                                                                                                               4       40 (24.9)         5 (3.1)
                                                                                                                                                               5       50 (31.1)         5 (3.1)
                                                                                                                                                               6       60 (37.3)         5 (3.1)
S4a...............................  Adult (Facing Away).  Stationary..........  Right...............  25..................  No..................               7        10 (6.2)               0
                                                                                                                                                               8       20 (12.4)               0
                                                                                                                                                               9       30 (18.6)               0
                                                                                                                                                              10       40 (24.9)               0
                                                                                                                                                              11       50 (31.1)               0
                                                                                                                                                              12       60 (37.3)               0
S1b...............................  Adult...............  Walk................  Right...............  50%.................  No..................              13        10 (6.2)         5 (3.1)
                                                                                                                                                              14       20 (12.4)         5 (3.1)
                                                                                                                                                              15       30 (18.6)         5 (3.1)
                                                                                                                                                              16       40 (24.9)         5 (3.1)
                                                                                                                                                              17       50 (31.1)         5 (3.1)
                                                                                                                                                              18       60 (37.3)         5 (3.1)
S1a...............................  Adult...............  Walk................  Right...............  25..................  No..................              19        10 (6.2)         5 (3.1)
                                                                                                                                                              20       20 (12.4)         5 (3.1)
                                                                                                                                                              21       30 (18.6)         5 (3.1)
                                                                                                                                                              22       40 (24.9)         5 (3.1)
                                                                                                                                                              23       50 (31.1)         5 (3.1)
                                                                                                                                                              24       60 (37.3)         5 (3.1)

[[Page 95921]]

 
S1e...............................  Adult...............  Run.................  Left................  50..................  No..................              25        10 (6.2)         8 (5.0)
                                                                                                                                                              26       20 (12.4)         8 (5.0)
                                                                                                                                                              27       30 (18.6)         8 (5.0)
                                                                                                                                                              28       40 (24.9)         8 (5.0)
                                                                                                                                                              29       50 (31.1)         8 (5.0)
                                                                                                                                                              30       60 (37.3)         8 (5.0)
S1d...............................  Child...............  Run.................  Right...............  50..................  Yes.................              31        10 (6.2)         5 (3.1)
                                                                                                                                                              32       20 (12.4)         5 (3.1)
                                                                                                                                                              33       30 (18.6)         5 (3.1)
                                                                                                                                                              34       40 (24.9)         5 (3.1)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* All darkness testing to occur without the use of overhead artificial lighting.

Adding Blind Spot Warning (BSW) and Blind Spot Intervention (BSI) 
Evaluation

    This notice adds assessments for two blind spot technologies, BSW 
and BSI, to NCAP's crash avoidance program. Blind spot warning (BSW) 
and blind spot intervention (BSI) will be evaluated separately in 
individual tests conducted in daylight with the principal other vehicle 
on the left and right side of the subject vehicle, with the subject 
vehicle turn signal indicator activated and not activated. BSW will be 
evaluated using tests representing the Straight Lane Converge and 
Diverge and Straight Lane Pass-by scenarios,\23\ using an actual 
vehicle (representing a high production mid-size passenger car) as the 
principal other vehicle. For tests where the turn signal is not 
activated, a visual warning signal in the side mirror or the A-pillar 
must be issued within a specified time as detailed in the BSW test 
procedure. For tests where the turn signal is activated, an additional 
warning modality (i.e., a dual-modality warning) or an escalating 
visual warning signal (e.g., switches from steady-burning to flashing) 
is required within the time specified in the BSW test procedure.
---------------------------------------------------------------------------

    \23\ The two scenarios for assessing BSW were proposed in the 
March 2022 RFC notice and are described in a later section of this 
notice.
---------------------------------------------------------------------------

    For the BSW Straight Lane Converge and Diverge scenario, the test 
speed for both the subject vehicle and principal other vehicle will be 
72.4 kph (45.0 mph). For the BSW Straight Lane Pass-by scenario, NHTSA 
will conduct the lowest speed differential condition (subject vehicle/
principal other vehicle speeds of 72.4/80.5 kph (45.0/50.0 mph)) first. 
If the subject vehicle issues a passing BSW during the run, the 
principal other vehicle speed will be incrementally increased by 8.0 
kph (5.0 mph) and testing will continue with one run conducted per 
speed differential condition until a principal other vehicle speed of 
104.6 kph (65.0 mph) is reached. Testing will then be repeated 
following a similar methodology for principal other vehicle movement on 
the opposite side of the subject vehicle. If, for any speed 
differential condition, the subject vehicle does not issue a passing 
BSW, NHTSA will discontinue BSW testing for that vehicle model. Only 
one trial per BSW test condition will be conducted. An overview of the 
test scenarios and test parameters for the BSW tests is presented in 
Table 5. To obtain credit for BSW, the vehicle must pass all 20 tests 
for BSW.

                            Table 5--Blind Spot Warning (BSW) Adopted Test Conditions
----------------------------------------------------------------------------------------------------------------
                                     SV speed (kph  POV speed (kph     POV direction of
           Test scenario                (mph))          (mph))             approach             Turn signal
----------------------------------------------------------------------------------------------------------------
Straight Lane.....................       72.4 (45)       72.4 (45)  Right................  Enabled
Converge and Diverge..............                                                         Disabled
                                                                    Left.................  Enabled
                                                                                           Disabled
Straight Lane Pass-by.............       72.4 (45)       80.5 (50)  Right................  Enabled
                                                                                           Disabled
                                                                    Left.................  Enabled
                                                                                           Disabled
                                                         88.5 (55)  Right................  Enabled
                                                                                           Disabled
                                                                    Left.................  Enabled
                                                                                           Disabled
                                                         96.6 (60)  Right................  Enabled
                                                                                           Disabled
                                                                    Left.................  Enabled
                                                                                           Disabled
                                                        104.6 (65)  Right................  Enabled
                                                                                           Disabled
                                                                    Left.................  Enabled
                                                                                           Disabled
----------------------------------------------------------------------------------------------------------------


[[Page 95922]]

    BSI will be evaluated using tests representing two lane change 
scenarios (Subject Vehicle Lane Change with Constant Headway and 
Subject Vehicle Lane Change with Closing Headway) and one false 
positive scenario (Subject Vehicle Lane Change with Constant Headway 
False Positive Assessment),\24\ using Revision G of the ABD GVT as the 
principal other vehicle. All BSI evaluations will be conducted with 
adaptive cruise control (ACC), lane centering assistance (LCA), and/or 
lane keeping assist (LKA) technologies (if equipped and if the systems 
can be disengaged) turned off.
---------------------------------------------------------------------------

    \24\ These three scenarios for assessing BSI were proposed in 
the March 2022 RFC notice and are described in a later section of 
the notice.
---------------------------------------------------------------------------

    For the BSI Subject Vehicle Lane Change with Constant Headway and 
the False Positive tests, the test speed for both the subject vehicle 
and principal other vehicle will be 72.4 kph (45.0 mph). For the BSI 
Subject Vehicle Lane Change with Closing Headway tests, the subject 
vehicle test speed will be 72.4 kph (45.0 mph) and the principal other 
vehicle speed will be 80.5 kph (50 mph). In these tests, after a short 
period of steady-state driving, the subject vehicle driver (i.e., 
robot) initiates a lane change and follows an 800 m (2,625 ft.) radius 
curved path towards the principal other vehicles' travel lane. The 
subject vehicle driver then releases the steering wheel upon the 
subject vehicle exiting the curve so as to achieve a steady state 
lateral velocity of 0.7 <plus-minus> 0.1 m/s (2.3 <plus-minus> 0.3 ft./
s) relative to the line separating the subject vehicle and principal 
other vehicle travel lanes. Each test scenario is conducted with turn 
signal enabled and disabled and for both left and right lane change 
directions.
    To pass the Subject Vehicle Lane Change with Constant Headway and 
the Subject Vehicle Lane Change with Closing Headway tests, the BSI 
system must prevent any contact between the subject vehicle and the 
principal other vehicle. The subject vehicle BSI intervention must not 
cause a secondary departure on the opposite side of the lane. To pass a 
false positive test, the BSI system must not intervene. Only one trial 
per BSI test condition will be conducted. An overview of the test 
scenarios and test parameters for the BSI tests is presented in Table 
6. To obtain credit for BSI, the vehicle must pass all 12 tests.

                         Table 6--Blind Spot Intervention (BSI) Adopted Test Conditions
----------------------------------------------------------------------------------------------------------------
                                              SV speed    POV speed   Lane change
               Test scenario                (kph (mph))  (kph (mph))   direction            Turn signal
----------------------------------------------------------------------------------------------------------------
SV Lane Change with Constant Headway......    72.4 (45)    72.4 (45)         Left  Enabled.
                                                                                   Disabled.
                                            ...........  ...........        Right  Enabled.
                                                                                   Disabled.
SV Lane Change with Closing Headway.......    72.4 (45)    80.5 (50)         Left  Enabled.
                                                                                   Disabled.
                                            ...........  ...........        Right  Enabled.
                                                                                   Disabled.
SV Lane Change with Constant Headway,         72.4 (45)    72.4 (45)         Left  Enabled.
 False Positive Assessment.                                                        Disabled.
                                            ...........  ...........        Right  Enabled.
                                                                                   Disabled.
----------------------------------------------------------------------------------------------------------------

Adding Lane Keeping Assist (LKA) and Enhancing Lane Departure Warning 
(LDW) Evaluation

    NHTSA is adding the assessment of lane keeping assist (LKA) into 
NCAP and integrating the evaluation of lane departure warning (LDW) 
with the LKA evaluation. To evaluate a vehicle's LDW sensitivity and 
LKA intervention capabilities, NHTSA's testing includes the use of a 
single solid white lane line, dashed yellow lane line, or Botts' dots 
(raised pavement markers) on either the right or left side of the 
vehicle's travel lane, depending on testing direction. Additional tests 
will be conducted with two lane lines (solid yellow and dashed white 
lines, and dashed white and solid white lines) to evaluate a vehicle's 
ability to properly correct its heading to prevent a secondary lane 
departure after the initial intervention. For the LDW/LKA tests, the 
subject vehicle, traveling at a speed of 72.4 kph (45 mph), heads 
towards the lane line using an initial path defined by a 1,200 m (3,937 
ft.) radius curve. Tests will be conducted by incrementing the lateral 
velocity of the subject vehicle's approach toward the lane line from 
0.2 to 0.6 m/s (0.7 to 2.0 ft./s) in 0.1 m/s (0.3 ft./s) increments.
    To pass the criteria of the LDW/LKA evaluation test, the subject 
vehicle must issue a visual signal when the lateral position of the 
vehicle, represented by a two-dimensional polygon, is within 0.75 m 
(2.5 ft.) of the inboard edge of the lane line and before the lane 
departure exceeds 0.3 m (1 ft.). The LKA intervention itself will serve 
as a secondary haptic alert component. Neither an LDW nor LKA 
intervention shall occur when a vehicle has not departed its lane and 
is farther than 0.75 m (2.5 ft.) from the inboard edge of the lane 
line. In addition, the visual warning signal and LKA intervention must 
be issued before the lane departure exceeds 0.3 m (1 ft.), and the 
visual alert must be issued prior to, or concurrent with, the start of 
the LKA intervention. Only one trial per test condition is conducted. 
An overview of the test scenarios and test parameters for the LDW/LKA 
tests is presented in Table 7. To obtain credit for LDW and LKA, the 
vehicle must pass all 50 tests performed during the LDW/LKA performance 
assessment.

[[Page 95923]]



                                 Table 7--Lane Departure Warning (LDW)/Lane Keeping Assist (LKA) Adopted Test Conditions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                   Passing criteria
                                                                    Departure     Lateral   ------------------------------------------------------------
             Test scenario                      Line type           direction   velocity (m/  Maximum SV  excursion
                                                                                 s (ft./s))         (m (ft.))             LDW alert issued (m (ft.))
--------------------------------------------------------------------------------------------------------------------------------------------------------
Primary Departure.....................  Solid White..............         Left    0.2 (0.7)              -0.3 (-1.0)                        0.75 to -0.3
(Single Straight Lane Line)...........                                            0.3 (1.0)                                               (2.5 to -1.0).
                                                                                  0.4 (1.3)
                                                                                  0.5 (1.6)
                                                                                  0.6 (2.0)
                                        Solid White..............        Right    0.2 (0.7)
                                                                                  0.3 (1.0)
                                                                                  0.4 (1.3)
                                                                                  0.5 (1.6)
                                                                                  0.6 (2.0)
                                        Dashed Yellow............         Left    0.2 (0.7)
                                                                                  0.3 (1.0)
                                                                                  0.4 (1.3)
                                                                                  0.5 (1.6)
                                                                                  0.6 (2.0)
                                        Dashed Yellow............        Right    0.2 (0.7)
                                                                                  0.3 (1.0)
                                                                                  0.4 (1.3)
                                                                                  0.5 (1.6)
                                                                                  0.6 (2.0)
                                        Raised Pavement Markers..         Left    0.2 (0.7)
                                                                                  0.3 (1.0)
                                                                                  0.4 (1.3)
                                                                                  0.5 (1.6)
                                                                                  0.6 (2.0)
                                        Raised Pavement Markers..        Right    0.2 (0.7)
                                                                                  0.3 (1.0)
                                                                                  0.4 (1.3)
                                                                                  0.5 (1.6)
                                                                                  0.6 (2.0)
Secondary Departure...................  Solid Yellow (L)/Dashed           Left    0.2 (0.7)              -0.3 (-1.0)                        0.75 to -0.3
(Dual Straight Lane Line).............   White (R).                               0.3 (1.0)                                               (2.5 to -1.0).
                                                                                  0.4 (1.3)
                                                                                  0.5 (1.6)
                                                                                  0.6 (2.0)
                                        Solid Yellow (L)/Dashed          Right    0.2 (0.7)
                                         White (R).                               0.3 (1.0)
                                                                                  0.4 (1.3)
                                                                                  0.5 (1.6)
                                                                                  0.6 (2.0)
                                        Dashed White (L)/Solid            Left    0.2 (0.7)
                                         White (R).                               0.3 (1.0)
                                                                                  0.4 (1.3)
                                                                                  0.5 (1.6)
                                                                                  0.6 (2.0)
                                        Dashed White (L)/Solid           Right    0.2 (0.7)
                                         White (R).                               0.3 (1.0)
                                                                                  0.4 (1.3)
                                                                                  0.5 (1.6)
                                                                                  0.6 (2.0)
--------------------------------------------------------------------------------------------------------------------------------------------------------

NCAP Roadmap 2024-2033

    NHTSA has developed a final roadmap to update NCAP through multiple 
phases from 2024 through 2033, with mid-term roadmap items spanning the 
period 2024-2028, and long-term items spanning the period 2024-2033. 
The NCAP roadmap includes four phases for each NCAP initiative, along 
with a completion milestone for each phase. The four phases are: (1) 
Research phase, if applicable, (2) Request for comment (RFC) phase, (3) 
Final decision phase, and (4) Implementation phase. NHTSA plans updates 
to NCAP in the following three safety programs: crashworthiness, crash 
avoidance, and vulnerable road user safety. A summary of the mid-term 
and long-term actions for this roadmap is presented in Tables 8 and 9, 
respectively. The timeframe shown for the research, RFC, and final 
decision phases is in calendar years. The start of the implementation 
phase is in the fourth quarter of the calendar year shown in the two 
tables. Note that the implementation phase starts with vehicle models 
of the following calendar year shown in Tables 8 and 9. NHTSA plans to 
update the NCAP roadmap approximately every four years, with timelines 
updated accordingly. Details of the NCAP roadmap are provided in the 
roadmap section of this notice.

[[Page 95924]]



                                 Table 8--Roadmap for Mid-Term Upgrades to NCAP
                                               [In calendar years]
----------------------------------------------------------------------------------------------------------------
                                                                                      Final      Implementation
         Potential updates to NCAP evaluations             Research    RFC phase     decision    phase start in
                                                            phase                     phase        4th quarter
----------------------------------------------------------------------------------------------------------------
Crash Avoidance Program:
    Enhanced FCW, CIB, DBS.............................  ...........  ...........    2023-2024              2025
    LDW+LKA and BSW+BSI................................  ...........  ...........    2023-2024              2025
    Rear Automatic Braking.............................         2024         2025    2025-2026              2027
Crashworthiness Program:
    THOR-50M in Frontal Crash Tests and HIII-05F * in           2024    2024-2025    2025-2026              2027
     Driver Position in Frontal Rigid Barrier Crash
     Test..............................................
    Frontal Oblique Crash Test with THOR-50M...........         2024    2024-2025    2025-2026              2027
    WorldSID-50M in Side Impact Tests, and SID-IIs **           2024    2024-2025    2025-2026              2027
     Rib Deflections for Injury Risk Assessment........
Vulnerable Road User (VRU) Safety Program:
    PAEB (day and night-time)..........................  ...........  ...........    2023-2024              2025
    Crashworthiness Pedestrian Protection..............  ...........  ...........    2023-2024              2025
    Unattended Child Alert System (Availability of       ...........  ...........  ...........              2024
     Direct Sensing Technologies Noted in Safety
     Features Section on Ratings Webpage)..............
    Bicyclist and Motorcyclist AEB (along path             2024-2025         2025    2025-2026              2027
     scenarios)........................................
Vehicle Safety Rating:
    Rating System for Crash Avoidance Technologies.....  ...........  ...........    2024-2025              2027
    Rating Systems for Crashworthiness, VRU Safety, and  ...........    2024-2025    2025-2026              2027
     Overall Safety....................................
    Monroney Label Rulemaking--Crash Avoidance,            2023-2024         2025    2025-2026              2027
     Crashworthiness, VRU Safety, and Overall Safety
     Ratings...........................................
----------------------------------------------------------------------------------------------------------------
* The advanced 5th percentile female frontal impact test dummy, THOR-05F, is currently under evaluation/
  refinement and is included in the long-term NCAP update in this roadmap. Until THOR-05F is completed and
  included in NCAP, NHTSA will use the current HIII-05F dummy in frontal crash tests.
** The advanced 5th percentile female side impact test dummy, WorldSID-05F, is currently under development and
  its use in NCAP will be considered in the long-term section of this roadmap. Until WorldSID-05F is included in
  NCAP, the SID-IIs will be used in NCAP along with thoracic and abdominal deflection measurements.


                                 Table 9--Roadmap for Long-Term Upgrades to NCAP
                                               [In calendar years]
----------------------------------------------------------------------------------------------------------------
                                                                                      Final      Implementation
         Potential updates to NCAP Evaluations             Research    RFC phase     decision    phase start in
                                                            phase                     phase        4th quarter
----------------------------------------------------------------------------------------------------------------
Crash Avoidance Program:
    Headlighting System (Advanced Driving Beam, Semi-      2024-2026    2026-2027         2028              2030
     Automatic Beam Switching, and Lower Beam Headlamp)
    AEB for Intersection Crash Scenarios...............    2025-2027         2028         2029              2031
    Enhanced LKA (Higher Speed, Curved Road and/or Road    2024-2026         2027         2028              2030
     Edge Detection Scenarios).........................
    Enhanced AEB (Speed and Additional Scenarios)......    2026-2028         2029         2030              2032
    Driver Monitoring Systems--Distracted/Drowsy           2023-2027         2028         2029              2031
     Driving...........................................
    Intelligent Speed Assist...........................    2024-2028
Crashworthiness Program:
    THOR-05F in Frontal Crash Tests in Front and Rear      2023-2027    2027-2028    2028-2029              2031
     Seating Positions.................................
    WorldSID-05F in Side Impact Crash Tests............    2023-2029    2029-2030    2030-2031              2033
VRU Safety Program:
    Enhanced AEB for Bicyclists and Motorcyclists in       2025-2026         2027         2028              2030
     Intersection Crashes..............................
    BSW and BSI Evaluation for Bicyclists and              2025-2026         2027         2028              2030
     Motorcyclists Crash Protection....................
    Crashworthiness Pedestrian Protection using aPLI *.    2024-2025         2026         2027              2029
    Enhanced PAEB (Speed and Additional Scenarios).....    2026-2028         2029         2030              2032
    Driver Visibility..................................    2023-2027
----------------------------------------------------------------------------------------------------------------
* aPLI is the advanced pedestrian legform impactor. It assesses pedestrian injuries to the knee, upper leg, and
  lower leg in impacts with the front of vehicles.

III. Background

    The National Highway Traffic Safety Administration's (NHTSA's) New 
Car Assessment Program (NCAP) supports the Agency's mission to reduce 
the number of fatalities and injuries that occur on U.S. roadways by 
providing important vehicle safety information to consumers to inform 
their purchasing decisions. The last major NCAP upgrade occurred on 
July 11, 2008, and took effect with model year 2011 vehicles.\25\ That 
program update included the Agency's adoption of new frontal and side 
anthropomorphic test devices (crash test dummies) and associated injury 
criteria, a new oblique side pole test, and a new overall rating system 
combining the individual frontal, side, and rollover ratings. NHTSA 
also expanded NCAP to include assessment of three advanced driver 
assistance systems (ADAS) technologies: forward collision warning 
(FCW), lane departure warning (LDW), and electronic stability

[[Page 95925]]

control (ESC).\26\ Through that expansion, the Agency began to identify 
which vehicles were equipped with these technologies and met specified 
performance requirements, making this information available on the 
NHTSA website. In November 2015, NHTSA also added crash imminent 
braking (CIB) and dynamic brake support (DBS) technologies (also known 
as automatic emergency braking, or AEB technology) to its ADAS 
assessments, with implementation beginning with model year 2018 
vehicles.\27\
---------------------------------------------------------------------------

    \25\ 73 FR 40016 (July 11, 2008).
    \26\ 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 Federal motor vehicle safety 
standard (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.''
    \27\ 80 FR 68604 (Nov. 5, 2015).
---------------------------------------------------------------------------

    In December 2015, the Agency published a Request for Comments (RFC) 
notice with planned changes to the overall NCAP program. The notice 
sought comment on NCAP's potential use of enhanced tools and techniques 
to evaluate the safety of vehicles, generate star ratings, and 
encourage further vehicle safety developments.\28\ The RFC notice also 
outlined planned changes for the crashworthiness, crash avoidance, and 
ratings categories. Many commenters responding to the December 2015 RFC 
notice stated it lacked sufficient detail and supporting information to 
allow for thorough review and comment. Commenters also expressed 
concern over test procedure repeatability and reproducibility based on 
the RFC notice's lack of detail, performance criteria, and non-
standardized test devices. NHTSA hosted a public meeting in October 
2018 to re-engage stakeholders and seek up-to-date input to help the 
Agency plan the future of NCAP.
---------------------------------------------------------------------------

    \28\ 80 FR 78521 (Dec. 16, 2015).
---------------------------------------------------------------------------

    On March 9, 2022, NHTSA published an RFC notice proposing changes 
to NCAP in response to the comments received from the 2015 RFC and 
public meetings, which partially fulfills the Agency's obligations 
under the 2015 Fixing America's Surface Transportation (FAST) Act 
directive and recent mandates included in section 24213 of the November 
2021 Bipartisan Infrastructure Law (BIL). The proposed changes include:
    <bullet> Changes to test procedures and performance criteria, 
including an increase in stringency, for the four currently recommended 
ADAS technologies in NCAP (FCW, LDW, DBS, and CIB) to enhance 
evaluation of the systems' capabilities in current vehicle models, 
reduce test burden, and promote harmonization with other consumer 
information programs.
    <bullet> The addition of four new ADAS technologies--blind spot 
warning (BSW), blind spot intervention (BSI), lane keeping assist 
(LKA), and pedestrian automatic emergency braking (PAEB)--to those 
currently recommended by NCAP and highlighted on the Agency's website. 
The Agency proposed to incorporate these four new ADAS technologies 
into NCAP because data indicates they satisfy NHTSA's four 
prerequisites for inclusion in the program: (1) a known safety need 
exists; (2) system designs (countermeasures) exist that can mitigate 
the safety problem; (3) existing or new system designs have the 
potential to improve safety; and (4) a performance-based objective test 
procedure exists that can assess system performance.\29\
---------------------------------------------------------------------------

    \29\ See NCAP Rating FAQ No. 07, <a href="http://nhtsa.gov/ratings">http://nhtsa.gov/ratings</a>.
---------------------------------------------------------------------------

    <bullet> A ``roadmap'' of the Agency's plans to update NCAP in 
phases over the next ten years, setting forth NHTSA's mid-term and 
long-term strategies for upgrading the program using a phased approach. 
The roadmap presents an estimated timeframe for the issuance of phased 
request for comment notices to incorporate various potential program 
components. However, NHTSA would only issue proposals to update the 
program as technologies mature and are considered ready for inclusion 
such that they meet the program's four prerequisites. Following each 
proposal, NHTSA will issue a final decision notice responding to the 
comments received and providing the Agency's decisions for that 
particular program update, as well as the lead time for implementation.
    In addition to these proposed changes, the RFC notice proposed 
operational changes to streamline the information provided to 
consumers. Specifically, the Agency proposed a process for updating 
ADAS-related information provided to consumers to reflect changes made 
to vehicles during the middle of a model year. Further, although not 
explicitly proposed in the RFC notice, the Agency sought comment on the 
following topics to help guide future proposals:
    <bullet> The Agency's plan to develop a new ADAS rating system for 
NCAP to provide consumers with improved data to compare and shop for 
vehicles and spur improved ADAS performance. NCAP currently assigns 
ratings to vehicles based on their performance in crashworthiness 
(i.e., frontal and side impact) and rollover tests, but the program has 
no complementary rating system to differentiate performance among 
vehicles' crash avoidance systems. Instead, NCAP only recommends 
certain ADAS technologies to shoppers and identifies vehicles that 
offer the recommended technologies that pass the program's system 
performance criteria.
    <bullet> Steps to include crash avoidance rating information on a 
vehicle's window sticker (i.e., the Monroney label) at the point of 
sale, consistent with the 2015 FAST Act. The Agency noted that it is 
currently conducting consumer research to determine how best to present 
such information to maximize its effectiveness in informing vehicle 
purchasing decisions. NHTSA stated that it would consider the 
information gained from this research in conjunction with related 
comments received in response to the 2022 RFC to develop a proposal for 
a revised label, which will be detailed in a separate RFC notice.
    <bullet> Expanding NCAP to include safety technologies that promote 
NHTSA's continuing efforts to combat unsafe driving or riding 
behaviors, such as speeding and drowsy, impaired, distracted, and 
unbelted driving, as well as safety technologies that may prevent 
unintentional human behavior that may result in injury or death, such 
as vehicular heatstroke.
    <bullet> The Agency's ideas for updating several programmatic 
aspects of NCAP, including adding new crash test dummies, updating the 
rollover risk curve, and enhancing the presentation and dissemination 
of safety information provided to consumers to improve the program. 
More specifically, NHTSA requested comment on several potential ways to 
revise the 5-star safety ratings system, including adopting a points-
based rating system concept, revising the baseline risk, and 
incorporating decimal or half-star ratings.
    <bullet> Additional considerations that would allow NCAP to remain 
effective and relevant to improve vehicle safety, such as proposed 
updates to the NCAP website and the development of an NCAP database to 
modernize the operational aspects of the program, including a new 
vehicle information submission process for vehicle manufacturers.
    Following publication of the March 2022 RFC notice, NHTSA received 
comments generally supportive of the Agency's proposal to adopt 
additional crash avoidance elements. Additional details of NHTSA's 
proposal for each of

[[Page 95926]]

the items listed above is provided in later sections.
Summary of General Comments on Proposed Updates to NCAP
    NHTSA received over 4,000 comments in response to the March 2022 
RFC notice.\30\ The Agency received comments from a wide variety of 
commenters including safety advocacy groups, trade associations, 
vehicle manufacturers, suppliers and developers, government agencies 
and associations, test laboratories, an insurance company, a research/
consulting firm, and individual members of the public. A summary of the 
commenters to the March 2022 RFC notice is provided in Table 10.
---------------------------------------------------------------------------

    \30\ The March 2022 RFC notice requested comment on a number of 
topics, including emerging technologies, and potential future 
updates to NCAP, that have not been proposed, and thus are not 
addressed, in the present notice. Details of the comments received 
and the Agency's response to these comments will be provided in 
future RFC notices relevant to those topics.

         Table 10--Commenters to the March 2022 NCAP RFC Notice
------------------------------------------------------------------------
           Category                            Commenters
------------------------------------------------------------------------
Safety Advocacy Groups.......  AAA Inc. (AAA), AARP, Advanced Mobility
                                Group, Advocates for Highway and Auto
                                Safety (Advocates), American
                                Motorcyclist Association (AMA), Center
                                for Auto Safety (CAS), Consortium for
                                Constituents with Disabilities
                                Transportation Task Force (CCD
                                Transportation Task Force), Consumer
                                Reports (CR), Insurance Institute for
                                Highway Safety (IIHS), Kids and Car
                                Safety (KAC), Families for Safe Streets
                                (FSS), Intelligent Transportation
                                Society of America (ITS America),
                                Massachusetts Vision Zero Coalition, The
                                League of American Bicyclists (The
                                League), Vision Zero Network (VZN), and
                                ZF Group.
Industry Trade Associations..  Alliance for Automotive Innovation (Auto
                                Innovators), Automotive Safety Council
                                (ASC), Motor & Equipment Manufacturers
                                Association (MEMA), Motorcycle Industry
                                Council and Motorcycle Safety Foundation
                                (MIC/MSF), National Automobile Dealers
                                Association (NADA), Specialty Equipment
                                Market Association (SEMA), The Lidar
                                Coalition.
Vehicle Manufacturers........  American Honda Motor Co., Inc. (Honda),
                                BMW of North America, LLC (BMW), FCA US
                                LLC (FCA), Ford Motor Company (Ford),
                                General Motors (GM), Hyundai America
                                Technical Center, Inc. (HATCI), Hyundai
                                Motor North America (Hyundai), Mercedes-
                                Benz, LLC, a division of Mercedes-Benz
                                Automotive Group (Mercedes-Benz), North
                                American Subaru, Inc. (Subaru), Rivian
                                Automotive, LLC (Rivian), Tesla, Inc.
                                (Tesla), Toyota Motor North America
                                (Toyota).
Suppliers and Developers.....  Aptiv PLC (Aptiv), Bosch LLC (Bosch),
                                DENSO Corporation (DENSO), Intel
                                Corporation (Intel), Robert Vayyar,
                                Velodyne Lidar, Inc. (Velodyne).
Government Agencies and        American Association of State Highway and
 Associations.                  Transportation Officials (AASHTO),
                                National Association of City
                                Transportation Officials (NACTO),
                                National Transportation Safety Board
                                (NTSB), New York City Department of
                                Transportation & New York City
                                Department of Citywide Administrative
                                Services, Vision Zero Task Force (NYC
                                DOT/NYC DCAS, Vision Zero Task Force).
Test Laboratories............  Applus IDIADA (IDIADA), Dynamic Research
                                Inc. (DRI), Transportation Research
                                Center, Inc. (TRC).
Insurance Companies..........  State Farm Insurance Companies (State
                                Farm).
Research/Consulting Companies  Safe Streets Research & Consulting (Safe
                                Streets).
General Public...............  Individuals.
------------------------------------------------------------------------

    Many commenters stated they support NHTSA's goal of providing 
comparative safety information to consumers through NCAP but encouraged 
the Agency to further leverage NCAP to ensure consumers have a 
comprehensive understanding of vehicle safety. Commenters also stated 
that more testing, rating, and information-sharing with consumers about 
the functionalities of advanced safety technologies via NCAP will 
promote the technologies' use in future vehicles and advance vehicle 
safety. The Alliance for Automotive Innovation (Auto Innovators) stated 
it supports NHTSA's efforts to modernize NCAP, noting that a key 
benefit of a well-developed and technically robust NCAP is the 
introduction of advanced safety technologies and performance evaluation 
through market incentives (objective ratings) in a structured and 
predictable manner via the development of testing procedures, 
evaluation metrics, and safety benefits. Auto Innovators stated that 
doing so will lead to more vehicles being equipped with new ADAS 
technologies, ultimately decreasing technology costs, and bolstering 
the case for potential regulation.
    Many commenters, including those who have lost loved ones in 
automotive accidents, expressed support for the proposed NCAP changes 
but stated they do not go far enough, noting the U.S. program is behind 
other countries' NCAP programs in updating, implementing, and 
``standardizing'' NCAP with proven safety technologies to save more 
lives. The Advocates for Highway and Auto Safety (Advocates), the 
Consumer Federation of America, and many others expressed concern that 
the approach described in the March 2022 RFC is not sufficiently 
specific and lacks firm commitments on key updates to the program. 
Further, the National Safety Council (NSC) stated that its data 
continues to suggest NHTSA is not doing enough to address roadway 
safety, with thousands of people dying in preventable crashes each 
year.
    Several commenters pointed out that fatalities involving 
pedestrians and cyclists have been increasing at alarming rates and 
urged NHTSA to consider the safety of those outside of the vehicle. 
Many cyclist organizations stated that any NCAP updates should include 
cyclist AEB testing and tests aimed at increasing cyclist safety. One 
individual noted the more than 50 percent increase in annual pedestrian 
fatalities in the past decade, stating that safety innovations are 
benefiting those inside, not outside, of the vehicle. Many other 
individual commenters expressed concern for the safety of pedestrians, 
mobility device users, and cyclists amidst rising fatalities from 
increasingly large vehicles, suggesting that NHTSA should consider 
promoting technologies and performing tests to protect them.
    Many commenters expressed support for the Agency's proposed 
inclusion of the four new ADAS technologies and for enhancing the 
evaluation of ADAS technologies currently in NCAP. However, some 
commenters argued the proposal did not go far enough, suggesting that 
ADAS technologies (including PAEB) should not just be part of the 
voluntary NCAP program but should be mandatory on new vehicles to 
reduce fatalities, especially in urban areas. Many commenters also 
requested that NHTSA harmonize test procedures and evaluations with 
other existing testing protocols like Euro NCAP. While commenters 
generally supported the proposed roadmap, some noted that it

[[Page 95927]]

lacked sufficient specificity on future timelines, dates, and required 
actions. Commenters requested periodic stakeholder engagement and 
collaboration for developing future NCAP roadmaps.
    Several commenters also provided detailed responses to questions 
NHTSA posed in the March 2022 RFC notice to help guide its decisions. 
The following sections discuss in detail: (1) NHTSA's proposal for each 
technology, (2) the Agency's response to the comments received to the 
questions posed, and (3) final decisions on the proposed changes to 
NCAP specific to the technology.

IV. Updating Forward Collision Prevention Technologies

    NHTSA is updating assessments for FCW and AEB technologies (i.e., 
CIB and DBS) in NCAP's crash avoidance program. As discussed in NHTSA's 
March 2022 RFC notice, these technologies, designed to address forward 
collisions (rear-end crashes), have the potential to help prevent or 
mitigate rear-end pre-crash scenarios representing approximately 1.7 
million crashes annually, or 29 percent of all crashes that currently 
occur on U.S. roadways.\31\ These crashes result in 1,275 fatalities, 
on average, and 883,386 MAIS 1-5 injuries annually, representing 3.8 
percent of all fatalities and 32 percent of all injuries, 
respectively.\32\ FCW and AEB technologies have proven effective in 
reducing crashes, fatalities, and injuries. For instance, as discussed 
in the March 2022 RFC notice, the University of Michigan Transportation 
Research Institute (UMTRI) found that for 3.8 million model year 2013-
2017 GM vehicles, camera-based FCW systems produced an estimated 21 
percent reduction in rear-end striking crashes, while the AEB systems 
studied (which included a combination of camera-only, radar-only, and 
fused camera-radar systems) produced an estimated 46 percent reduction 
in the same crash type.\33\ These findings align with a 2017 Insurance 
Institute for Highway Safety (IIHS) study,\34\ which concluded that 
vehicles equipped with FCW and AEB showed a 50 percent reduction for 
the same crash type.\35\
---------------------------------------------------------------------------

    \31\ 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.
    \32\ 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).
    \33\ 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.
    \34\ Cicchino, J.B. (2017, February), Effectiveness of forward 
collision warning and autonomous emergency braking systems in 
reducing front-to-rear crash rates, Accident Analysis and 
Prevention, 2017 Feb;99(Pt A):142-152. <a href="https://doi.org/10.1016/j.aap.2016.11.009">https://doi.org/10.1016/j.aap.2016.11.009</a>.
    \35\ Low-speed AEB showed a 43% reduction.
---------------------------------------------------------------------------

    Until these technologies are standard equipment on all passenger 
vehicles, it is important for NCAP to continue to recommend FCW and AEB 
technologies to consumers and to inform them which vehicles have FCW 
and AEB technologies meeting NHTSA's performance criteria. Further, 
given recent increases in the penetration of FCW and AEB technologies 
in the vehicle fleet and improvements to sensors, now is an opportune 
time to increase the stringency of the current NCAP performance 
requirements for these technologies.

A. Forward Collision Warning (FCW)

    FCW systems use forward-looking sensors (e.g., radar, lidar, camera 
systems, or a combination thereof) that detect objects (e.g., vehicles, 
pedestrians) in front of vehicles and issue an alert to the driver. An 
FCW system uses the sensors' input to determine the speed of the object 
in front of it and the distance between the vehicle and the object. If 
the sensing system determines that the closing distance and velocity 
\36\ between the driver's vehicle and the object in front of it is such 
that a collision may be imminent, the warning system is designed to 
induce an immediate crash avoidance response by the vehicle operator. 
Warning systems in use today provide drivers with a visual display, 
such as an illuminated telltale on or near the instrument panel, an 
auditory signal (e.g., buzzer or chime), and/or a haptic signal that 
provides tactile feedback (e.g., rapid vibrations of the seat pan or 
steering wheel). These signals warn the driver of an impending 
collision so the driver may then manually intervene (e.g., apply the 
vehicle's brakes or make an evasive steering maneuver) to avoid or 
mitigate a crash. FCW systems alone do not brake the vehicle.
---------------------------------------------------------------------------

    \36\ Closing velocity is the rate at which two objects are 
getting closer to each other.
---------------------------------------------------------------------------

    NHTSA added FCW systems to its NCAP ADAS evaluations in 2008 (with 
performance evaluations beginning with model year 2011 vehicles) 
because these systems met the Agency's four prerequisites for inclusion 
at the time.\37\ In its March 2022 RFC notice, the Agency proposed to 
continue to include FCW assessments in NCAP, as it found FCW systems to 
be effective, well-accepted by consumers, and widely available in the 
current vehicle fleet. For example, in its 2017 study, IIHS \38\ found 
that FCW systems reduced rear-end crashes by 27 percent. Further, in a 
2019 survey of more than 57,000 Consumer Reports subscribers, 69 
percent of vehicle owners reported they were satisfied with their 
vehicle's FCW technology.\39\ Currently, manufacturer-submitted data 
collected by NHTSA indicates 91 percent of model year 2023 vehicles are 
equipped with FCW systems as standard equipment.
---------------------------------------------------------------------------

    \37\ 73 FR 40033 (July 11, 2008).
    \38\ Cicchino, J.B. (2017, February), Effectiveness of forward 
collision warning and autonomous emergency braking systems in 
reducing front-to-rear crash rates, Accident Analysis and 
Prevention, 2017 Feb;99(Pt A):142-152. <a href="https://doi.org/10.1016/j.aap.2016.11.009">https://doi.org/10.1016/j.aap.2016.11.009</a>.
    \39\ Consumer Reports (2019, November), Consumer Perception of 
ADAS, <a href="https://data.consumerreports.org/reports/consumer-perceptions-of-adas/">https://data.consumerreports.org/reports/consumer-perceptions-of-adas/</a>.
---------------------------------------------------------------------------

NCAP's Current Forward Collision Warning Test Procedure
    The Agency included FCW as a recommended technology in NCAP and 
conducted performance evaluations beginning with model year 2011 
vehicles. The FCW test procedure adopted at that time is still in use 
in the Agency's testing today.\40\
---------------------------------------------------------------------------

    \40\ 73 FR 40016 (July 11, 2008).
---------------------------------------------------------------------------

    Currently, NCAP's FCW test procedure \41\ consists of three 
scenarios that simulate the most frequent types of rear-end crashes. 
These include lead vehicle stopped (LVS), lead vehicle decelerating 
(LVD), and lead vehicle moving (LVM) scenarios. In each scenario, the 
vehicle being evaluated is called the subject vehicle (SV). The SV is 
driven by a professional driver who provides the necessary 
acceleration, braking, and steering inputs during the test. A 
production mid-size passenger car, designated as the principal other 
vehicle (POV) during testing, is positioned directly in front of the SV 
and is also driven by a professional driver. Time-to-collision (TTC) 
criteria are prescribed for each FCW scenario. The TTC for each 
scenario is calculated by considering the speed of the SV relative to 
the POV at the time of the FCW. If the FCW system fails to issue a 
warning within the required time during testing, the SV's professional 
test

[[Page 95928]]

driver brakes, or steers away, to avoid a collision with the POV. A 
short description of each test scenario and the requirements for a 
passing result based on the prescribed TTC is provided below:
---------------------------------------------------------------------------

    \41\ National Highway Traffic Safety Administration. (2013, 
February). Forward collision warning system confirmation test. 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Docket No. NHTSA-2006-26555-0134.
---------------------------------------------------------------------------

    <bullet> LVS--The SV encounters a stopped POV directly in front of 
it on a straight road. The SV is moving at 72.4 kph (45 mph), and the 
POV is stationary. To pass this test, the SV must issue an FCW when the 
TTC is at least 2.1 s. See Figure 1 (below) for a scenario diagram.
[GRAPHIC] [TIFF OMITTED] TN03DE24.000

    <bullet> LVD--The SV encounters a POV slowing with constant 
deceleration directly in front of it on a straight road. The SV and POV 
are both driven at 72.4 kph (45 mph) with an initial headway of 30.0 m 
(98.4 ft.). The POV then decelerates, braking at a constant 
deceleration of 0.3g in front of the SV. To pass this test, the SV must 
issue an FCW when the TTC is at least 2.4 s. See Figure 2 (below) for a 
scenario diagram.
[GRAPHIC] [TIFF OMITTED] TN03DE24.001

    <bullet> LVM--The SV encounters a slower-moving POV directly in 
front of it on a straight road. The SV and POV are driven at constant 
speeds of 72.4 kph (45 mph) and 32.2 kph (20 mph), respectively. To 
pass this test, the SV must issue an FCW when the TTC is at least 2.0 
s. See Figure 3 (below) for a scenario diagram.
[GRAPHIC] [TIFF OMITTED] TN03DE24.002

    Each of these three scenarios is conducted up to seven times. To 
pass the NCAP FCW system performance tests, the SV must satisfy the 
respective TTC-based performance criteria for at least five out of 
seven trials \42\ for each of the three test scenarios.
---------------------------------------------------------------------------

    \42\ As noted in the Agency's 2015 AEB final decision notice (80 
FR 68618 (Nov. 5, 2015)), a pass rate of five out of seven tests per 
scenario was adopted for NCAP's current FCW test protocol to provide 
the Agency with a way to encourage system robustness without 
precluding the proliferation of emerging technologies offering the 
potential for significant safety benefits.
---------------------------------------------------------------------------

B. Automatic Emergency Braking (AEB)

    One limitation of FCW systems is that, although designed to warn 
the driver of an impending rear-end crash, they do not actively and 
automatically assist drivers with avoiding rear-end crashes or 
mitigating their severity. To address this, CIB and DBS (known 
collectively as AEB) both provide significant automatic braking of the 
vehicle.\43\ DBS systems provide supplemental braking when sensors 
determine that driver-applied braking is insufficient to avoid an 
imminent crash. CIB systems provide automatic braking when forward-
looking sensors indicate that a crash is imminent, and the driver has 
not braked.
---------------------------------------------------------------------------

    \43\ Some FCW systems use haptic brake pulses to alert the 
driver of a crash-imminent driving situation, but they are not 
intended to effectively slow the vehicle.
---------------------------------------------------------------------------

    Research has shown that active safety systems such as AEB provide 
greater safety benefits than the corresponding warning systems alone, 
such as FCW. In its 2019 study, UMTRI \44\ found that

[[Page 95929]]

AEB systems produced an estimated 46 percent reduction in applicable 
rear-end crashes when combined with a forward collision warning, which 
alone showed only a 21 percent reduction.\45\ Like FCW systems, AEB 
systems are also well-accepted by consumers and widely available in the 
current vehicle fleet. In Consumer Reports' 2019 subscriber survey, 81 
percent of owners of vehicles equipped with AEB reported they were 
satisfied with AEB technology.\46\ Currently, manufacturer-submitted 
data collected by NHTSA indicates approximately 91 percent of model 
year 2023 vehicles are equipped with AEB systems as standard equipment. 
For these reasons, in 2015, NHTSA added CIB and DBS technologies to its 
ADAS assessments starting with model year 2018 vehicles, and why the 
Agency also proposed to continue to include AEB assessments in NCAP in 
its March 2022 RFC notice.\47\
---------------------------------------------------------------------------

    \44\ Leslie, A.J., Kiefer, R.J., Meitzner, M.R., & Flannagan, 
C.A. (2019, September), 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.
    \45\ The AEB systems studied by UMTRI consisted of camera-only, 
radar-only, and fused camera-radar AEB systems, the latter two 
systems of which also included adaptive cruise control 
functionality.
    \46\ Consumer Reports, (2019, November), Consumer Perceptions of 
ADAS, <a href="https://data.consumerreports.org/reports/consumer-perceptions-of-adas/">https://data.consumerreports.org/reports/consumer-perceptions-of-adas/</a>.
    \47\ Docket No. NHTSA-2021-0002. 87 FR 13452. March 9, 2022.
---------------------------------------------------------------------------

1. Dynamic Brake Support (DBS)
    Like FCW (and CIB) systems, DBS systems employ forward-looking 
sensors to detect vehicles in the path directly ahead while 
simultaneously monitoring the operational state of the driver's vehicle 
(e.g., speed, the relative speed of and distance to the lead vehicle, 
driver inputs of steering and braking). In response to an FCW or an 
imminent crash, a driver may initiate braking to avoid a rear-end 
crash. However, research suggests that a driver's brake application may 
not take full advantage of the vehicle's foundation braking system in 
cases where the driver is inattentive, receives an FCW, and re-engages 
in the driving task prior to automatic braking (i.e., CIB) taking 
place. In situations where the driver's braking is insufficient to 
prevent a collision, DBS can automatically supplement the driver's 
braking action to prevent or mitigate the crash.\48\ The NCAP DBS 
performance evaluations serve to ensure that the vehicle's supplemental 
braking is sufficient to augment the driver's manual brake application 
and avoid a collision with the lead vehicle in the tested driving 
situations. DBS testing also endeavors to ensure that a vehicle's 
automatic brake application (i.e., CIB) is not suppressed in the event 
of a driver's manual brake application.
---------------------------------------------------------------------------

    \48\ DBS systems differ from traditional brake assist systems 
used with the vehicle's foundation brakes. Whereas both systems rely 
on brake pedal application rate to determine whether supplemental 
braking is required, DBS has a lower activation threshold since it 
also uses information from forward-looking sensors to verify that 
more braking is needed.
---------------------------------------------------------------------------

NCAP's Current Dynamic Brake Support Test Procedure
    NCAP's current DBS test procedure \49\ consists of the same three 
rear-end pre-crash scenarios specified in the FCW system performance 
test procedure: LVS, LVD, and LVM. However, most of the test speed 
combinations specified in the DBS test procedure differ. The single 
exception is that the FCW and DBS test procedures both use an LVM test 
performed with SV and POV speeds of 72.4 and 32.2 kph (45 and 20 mph), 
respectively. The DBS performance assessment also includes a Steel 
Trench Plate (STP) false positive suppression test conducted at two 
test speeds. The false positive suppression test series evaluates the 
ability of a DBS system to differentiate a steel trench plate, often 
found on roadways, from an object presenting a genuine safety risk to 
the SV. Although STPs are large and metallic, they are designed to be 
driven over without risk of injury to drivers or vehicles. This fourth 
test scenario is used to evaluate the propensity of a vehicle's DBS 
system to activate inappropriately in this non-critical driving 
scenario that would not present a safety risk to the vehicle's 
occupants.
---------------------------------------------------------------------------

    \49\ National Highway Traffic Safety Administration (2015, 
October), Dynamic brake support performance evaluation confirmation 
test for the New Car Assessment Program, <a href="http://www.regulations.gov">http://www.regulations.gov</a>, 
Docket No. NHTSA-2015-0006-0026.
---------------------------------------------------------------------------

    Like NCAP's FCW tests, the vehicle subjected to the DBS test 
scenarios is termed the SV. However, unlike NCAP's FCW tests, the DBS 
test procedure uses a surrogate vehicle (i.e., a realistic looking 
artificial vehicle) as the POV instead of an actual vehicle to limit 
the potential for damage to the SV and/or the test equipment in the 
event of a collision. Additionally, instead of driver- (human-) based 
inputs, like those required in NCAP's FCW tests, a programmable 
(robotic) brake controller is used to provide all SV brake pedal 
applications made during the DBS system performance evaluations.
    The Strikeable Surrogate Vehicle (SSV) is the surrogate vehicle 
presently used as the POV by NCAP for the Agency's DBS testing. The 
SSV, developed by NHTSA for the purpose of track testing, appears as a 
``real'' vehicle to the camera, radar, and lidar sensors used by 
existing AEB systems. The SSV system is comprised of (a) a shell,\50\ 
which is a visually and dimensionally accurate representation of a 
compact passenger car; (b) a slider and load frame assembly to which 
the shell is attached, (c) a two-rail track on which the slider 
operates, (d) a road-based lateral restraint track, and (e) a tow 
vehicle, which pulls the SSV and its peripherals down the test track 
during the test where the POV (i.e., SSV) must be in motion.
---------------------------------------------------------------------------

    \50\ The shell is constructed from lightweight composite 
materials with favorable strength-to-weight characteristics, 
including carbon fiber, Kevlar[supreg], phenolic, and Nomex 
honeycomb. It is also wrapped with a commercially available vinyl 
material to simulate paint on the body panels, rear bumper, and a 
tinted glass rear window. A foam bumper having a neoprene cover is 
attached to the rear of the SSV to reduce the peak forces realized 
immediately after an impact from a test vehicle occurs.
---------------------------------------------------------------------------

    For the three test scenarios where braking is expected, the SV must 
provide enough supplemental braking to completely avoid contact with 
the SSV (i.e., POV) to pass a trial run. In the case of the DBS false 
positive test scenario, the performance criterion is minimal to no 
activation for both test speeds.<SUP>51 52</SUP> A short description of 
each DBS system performance test scenario, and the requirements for a 
passing result, is provided below:
---------------------------------------------------------------------------

    \51\ Minimal activation is defined as a peak SV deceleration 
attributable to DBS intervention that is less than or equal to 1.5 
times the average of the deceleration recorded for the vehicle's 
foundation brake system alone during its approach to the STP. The 
1.5 multiplier serves to provide some system flexibility, meaning a 
mild DBS intervention is acceptable, but one where the vehicle 
thinks it must respond to the STP as if it was a real vehicle is 
not.
    \52\ Note that the March 2022 notice specified a multiplier of 
1.25. This specification was in error.
---------------------------------------------------------------------------

    <bullet> Lead Vehicle Stopped (LVS)--The SV encounters a stopped 
POV directly in front of it on a straight road. The SV is moving at 
40.2 kph (25 mph) and the POV is stationary. The SV throttle is 
released within 500 ms after the SV issues an FCW, and the SV brake 
pedal is manually applied at a TTC of 1.1 s (i.e., at a nominal headway 
of 12.2 m (40 ft.)). To pass this test, the SV must not contact the 
POV. See Figure 1 for a scenario diagram.
    <bullet> Lead Vehicle Decelerating (LVD)--The SV encounters a POV 
slowing with constant deceleration directly in front of it on a 
straight road. The SV and POV are both driven at 56.3 kph (35 mph) with 
an initial headway of 13.8 m (45.3 ft.). The POV brakes are then 
applied to achieve a constant deceleration of 0.3g in front of the SV. 
The SV throttle is released within 500 ms after the SV issues an FCW, 
and the SV brake pedal

[[Page 95930]]

is manually applied at a TTC of 1.4 s (i.e., at a nominal headway of 
9.6 m (31.5 ft.)). To pass this test, the SV must not contact the POV. 
See Figure 2 for a scenario diagram.
    <bullet> Lead Vehicle Moving (LVM)--The SV encounters a slower-
moving POV directly in front of it on a straight road. In the first 
test, the SV and POV are driven on a straight road at a constant speed 
of 40.2 kph (25 mph) and 16.1 kph (10 mph), respectively. In the second 
test, the SV and POV are driven at a constant speed of 72.4 kph (45 
mph) and 32.2 kph (20 mph), respectively. In both tests, the SV 
throttle is released within 500 ms after the SV issues an FCW, and the 
SV brake pedal is manually applied at a TTC of 1 s (i.e., at a nominal 
headway of 6.7 m (22 ft.) in the first test, and 11.3 m (37 ft.) in the 
second test). To pass these tests, the SV must not contact the POV. See 
Figure 3 for a scenario diagram.
    <bullet> Steel Trench Plate (STP) false positive suppression test--
The SV is driven over a 2.4 m x 3.7 m x 25.4 mm (8 ft. x 12 ft. x 1 
in.) steel trench plate at 40.2 kph (25 mph) and 72.4 kph (45 mph). If 
an FCW is issued, the SV throttle is released within 500 ms of the 
alert. If no FCW is issued by a TTC of 2.1 s, the SV throttle is 
released within 500 ms of a TTC of 2.1 s. In both instances, the SV 
brakes are applied at a TTC of 1.1 s (i.e., at a nominal distance of 
12.3 m (40 ft.) from the edge of the STP at 40.2 kph (25 mph), or 22.3 
m (73 ft.) at 72.4 kph (45 mph)). To pass this test, the performance 
criterion is minimal to no activation, as defined previously. See 
Figure 4 (below) for a scenario diagram.
[GRAPHIC] [TIFF OMITTED] TN03DE24.003

    Currently, to pass NCAP's DBS system performance criteria, the SV 
must pass at least five out of seven trials for each of the six test 
conditions.
2. Crash Imminent Braking (CIB)
    If a driver does not manually apply the vehicle's brakes when a 
rear-end crash is imminent, CIB systems, using the same forward-looking 
sensors as DBS systems, apply the vehicle's brakes automatically to 
slow or stop the vehicle. Unlike DBS systems, which provide additional 
braking to supplement the driver's brake input, CIB systems activate 
when the driver has not applied the brake pedal.
NCAP's Current Crash Imminent Braking (CIB) Test Procedure
    The Agency's current CIB test procedure \53\ is comprised of the 
same four test scenarios (LVS, LVD, LVM, and the STP false positive 
suppression test) and test speeds specified in the DBS test procedure. 
However, the performance criteria vary slightly. Whereas collision 
avoidance is the performance requirement stipulated for all DBS test 
scenarios except the false positive scenario, only the LVM 40.2 kph/
16.1 kph (25 mph/10 mph) CIB test condition requires that the SV not 
contact the POV. The LVS, LVD, and the LVM 72.4 kph/32.2 kph (45 mph/20 
mph) test conditions permit SV-to-POV contact but require minimum SV 
speed reductions prior to the contact being made. For the CIB false 
positive tests, the performance criterion is little-to-no activation, 
like the comparable DBS tests. Also, like NCAP's DBS tests, the SSV is 
the POV presently used in the program's CIB testing. A short 
description of each test scenario and the requirements for a passing 
result are provided below:
---------------------------------------------------------------------------

    \53\ National Highway Traffic Safety Administration. (2015, 
October). Crash imminent brake system performance evaluation for the 
New Car Assessment Program. <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Docket No. 
NHTSA-2015-0006-0025.
---------------------------------------------------------------------------

    <bullet> LVS--The SV encounters a stopped POV directly in front of 
it on a straight road. The SV is moving at 40.2 kph (25 mph) and the 
POV (i.e., the SSV) is stationary. The SV throttle is released within 
500 ms after the SV issues an FCW. To pass this test, the SV speed 
reduction attributable to CIB intervention must be >= 15.8 kph (9.8 
mph). See Figure 1 for a scenario diagram.
    <bullet> LVD--The SV encounters a POV slowing with constant 
deceleration directly in front of it on a straight road. The SV and POV 
are both driven at 56.3 kph (35 mph) with an initial headway of 13.8 m 
(45.3 ft.). The POV then decelerates, braking at a constant 
deceleration of 0.3g in front of the SV, after which the SV throttle is 
released within 500 ms after the SV issues an FCW. To pass this test, 
the SV speed reduction attributable to CIB intervention must be >= 16.9 
kph (10.5 mph). See Figure 2 for a scenario diagram.
    <bullet> LVM--The SV encounters a slower-moving POV directly in 
front of it on a straight road. In the first test, the SV and POV are 
driven on a straight road at a constant speed of 40.2 kph (25 mph) and 
16.1 kph (10 mph), respectively. In the second test, the SV and POV are 
driven at a constant speed of 72.4 kph (45 mph) and 32.2 kph (20 mph), 
respectively. In both tests, the SV throttle is released within 500 ms 
after the SV issues an FCW. To pass the first test, the SV must not 
contact the POV. To pass the second test, the SV speed reduction 
attributable to CIB intervention must be >= 15.8 kph (9.8 mph). See 
Figure 3 for a scenario diagram.
    <bullet> STP test (to assess false positive suppression)--The SV is 
driven towards a steel trench plate at 40.2 kph (25 mph) in one test 
and 72.4 kph (45 mph) in the other test. If an FCW is issued, the SV 
throttle is released within 500 ms of the alert. If no FCW is issued, 
the throttle is not released until the test's validity period (the time 
when all test specifications and tolerances must be satisfied) has 
passed. To pass these tests, the SV must not achieve a peak 
deceleration equal to or greater than 0.5g at any time during its 
approach to the steel trench plate. See Figure 4 for a scenario 
diagram.
    To pass NCAP's CIB system performance criteria, the SV must pass at 
least five out of seven trials for each of the six test conditions.

[[Page 95931]]

C. Linking Current FCW and AEB Test Scenarios With Real-World Crashes
    NCAP's FCW and AEB test scenarios are directly related to real-
world crash data. From its analysis of 2011 to 2015 Fatality Analysis 
Reporting System (FARS) and National Automotive Sampling System General 
Estimate System (GES) data, the Agency found that crashes analogous to 
the LVS test scenario, where a struck vehicle was stopped at the time 
of impact, occurred in 65 percent of the rear-end crashes 
studied.<SUP>54 55</SUP> The LVD scenario, in which the struck vehicle 
was decelerating at the time of impact, occurred in 22 percent of the 
rear-end crashes, and the LVM scenario, in which the struck vehicle was 
moving at a constant, but slower, speed compared to the striking 
vehicle at impact, occurred in 10 percent of the rear-end crashes. 
Collectively, these test scenarios represented 97 percent of rear-end 
crashes.
---------------------------------------------------------------------------

    \54\ 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.
    \55\ NHTSA notes that the target crash populations reported for 
the LVS, LVD, and LVM scenarios encompass all related real-world 
rear-end crashes (where the light vehicle is making a critical 
action) that could potentially be addressed by a DBS system. As 
such, the target crash populations for each crash scenario reflect 
crashes exhibiting variations in vehicle overlap, roadway curvature, 
environmental conditions, etc.; target crash populations were not 
reduced to align exactly with those represented by NCAP's LVS, LVD, 
and LVM test scenarios.
---------------------------------------------------------------------------

    With respect to test speed, in its independent review of the 2011-
2015 FARS and GES data sets, the John A. Volpe National Transportation 
Systems Center (Volpe) concluded that, when posted speed limit was 
known, 2 percent of fatal rear-end crashes and 6 percent of all rear-
end crashes occurred on roadways with posted speed limits of 40.2 kph 
(25 mph) or less.<SUP>56 57 58</SUP> Eleven percent of fatal rear-end 
crashes and 33 percent of all rear-end crashes where posted speed limit 
was known occurred on roads with posted speeds of 56.3 kph (35 mph) or 
less. For posted speeds of 72.4 kph (45 mph) or less, Volpe found the 
comparable statistics to be 29 percent and 70 percent, respectively.
---------------------------------------------------------------------------

    \56\ 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.
    \57\ NHTSA notes that throughout this notice, all crash 
statistics cited from Report No. DOT HS 812 745 encompass those 
where the light vehicle made the critical action (e.g., losing 
control, departing road, changing lanes, striking, maneuvering, 
etc.).
    \58\ For rear-end crashes, posted speed limit was unknown or not 
reported for 2 percent of fatal crashes and 11 percent of injurious 
crashes.
---------------------------------------------------------------------------

    Roadway alignment and grade for the current FCW and AEB test 
scenarios are also comparable to those found where real-world rear-end 
crashes occur. NHTSA's LVS, LVD, and LVM procedures are to be performed 
on straight, level roads. In its review of 2011-2015 FARS and GES data 
sets, for rear-end crashes where roadway alignment was known, Volpe 
found that 95 percent of both fatal and injurious crashes occurred on a 
straight roadway.\59\ For rear-end crashes where roadway grade was 
known, 77 percent of fatal crashes and 84 percent of crashes with 
injuries occurred on level roads.\60\
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    \59\ For rear-end crashes, roadway alignment was unknown or not 
reported for 1 percent of fatal crashes and 3 percent of injurious 
crashes.
    \60\ For rear-end crashes, roadway grade was unknown or not 
reported for 4 percent of fatal crashes and 18 percent of injurious 
crashes.
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1. AEB Installation Rates, Effectiveness, and Research Tests
a. AEB Installation Rates
    When NHTSA's CIB test scenarios were developed, relatively few 
vehicles were equipped with this technology; those that were equipped 
had systems with limited capabilities. Since then, fitment rates for 
CIB systems have increased significantly due in part to a voluntary 
industry commitment made in March 2016.\61\ Per this commitment, 20 
vehicle manufacturers, representing more than 99 percent of light motor 
vehicle sales in the U.S., voluntarily committed to make FCW and CIB 
standard on virtually all light-duty vehicles with a gross vehicle 
weight rating (GVWR) of 3,855.5 kg (8,500 pounds) or less beginning no 
later than September 1, 2022, and all trucks with a GVWR between 
3,856.0 and 4,535.9 kg (8,501 and 10,000 pounds) beginning no later 
than September 1, 2025.\62\ Conforming vehicles were required to be 
equipped with (1) an AEB system that earned at least an ``advanced'' 
rating from IIHS in its then-current front crash prevention track LVS 
tests and (2) an FCW system that met the performance requirements 
specified in two of NCAP's current three FCW test scenarios, LVD and 
LVM.\63\ By 2019, participating manufacturers had equipped 75 percent 
of their new vehicle fleet with AEB,\64\ and for model year 2023 
vehicles, approximately 91 percent of the fleet was equipped with FCW 
and AEB systems as standard equipment.
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    \61\ The Agency also asserts that its recommendation of AEB 
systems (i.e., CIB and DBS) that meet NCAP performance criteria on 
its website since the 2018 model year has further encouraged 
adoption of these technologies.
    \62\ Insurance Institute for Highway Safety (2016, March 17), 
U.S. DOT and IIHS announce historic commitment of 20 automakers to 
make automatic emergency braking standard on new vehicles, <a href="https://www.iihs.org/news/detail/u-s-dot-and-iihs-announce-historic-commitment-of-20-automakers-to-make-automatic-emergency-braking-standard-on-new-vehicles">https://www.iihs.org/news/detail/u-s-dot-and-iihs-announce-historic-commitment-of-20-automakers-to-make-automatic-emergency-braking-standard-on-new-vehicles</a>.
    \63\ To achieve an advanced rating in IIHS' front crash 
prevention track tests, a vehicle's AEB system must show a speed 
reduction of at least 16.1 kph (10 mph) in either IIHS's 19.3 or 
40.2 kph (12 or 25 mph) tests, or a speed reduction of 8.0 kph (5 
mph) in both tests. <a href="https://www.iihs.org/news/detail/u-s-dot-and-iihs-announce-historic-commitment-of-20-automakers-to-make-automatic-emergency-braking-standard-on-new-vehicles">https://www.iihs.org/news/detail/u-s-dot-and-iihs-announce-historic-commitment-of-20-automakers-to-make-automatic-emergency-braking-standard-on-new-vehicles</a>.
    \64\ National Highway Traffic Safety Administration (2019, 
December 17), NHTSA announces update to historic AEB commitment by 
20 automakers, <a href="https://www.nhtsa.gov/press-releases/nhtsa-announces-update-historic-aeb-commitment-20-automakers">https://www.nhtsa.gov/press-releases/nhtsa-announces-update-historic-aeb-commitment-20-automakers</a>.
---------------------------------------------------------------------------

    As fitment increased, the sensor technology for CIB systems also 
advanced significantly. In 2017, many systems were not designed to meet 
the voluntary commitment thresholds, whereas by 2021, most vehicles 
with FCW and CIB systems could pass all relevant NCAP test scenarios, 
most of which are more stringent than those included in the voluntary 
agreement.\65\ In its RFC, NHTSA noted that the original equipment 
manufacturer (OEM)-reported pass rate for NCAP's FCW and CIB tests for 
model year 2021 vehicles \66\ equipped with these technologies, and for 
which manufacturers submitted data, was 89 percent and 70 percent, 
respectively.\67\ Furthermore, NHTSA mentioned that only 63 percent of 
model year 2017 vehicles avoided contacting the POV for at least five 
out of seven of the required runs in the LVS CIB scenario during the 
Agency's testing, whereas 100 percent of model year 2021 vehicles were 
able to repeatedly avoid contact when tested.\68\ It should be noted 
that a speed reduction of 15.8 kph (9.8 mph) for at least five out of 
seven trial runs is currently required to pass NCAP's CIB LVS test, not 
complete crash avoidance. For the model year 2023 vehicle fleet, the 
OEM-reported pass rate for the Agency's FCW test was 98 percent of 
equipped vehicles, and 86 percent for

[[Page 95932]]

the CIB test. In the Agency's model year 2023 CIB testing, all vehicles 
avoided contacting the POV test device for at least five out of seven 
runs, and thus received credit for passing performance. For the FCW 
assessments, only one vehicle model failed to provide a passing 
performance for the LVS and LVD scenarios.
---------------------------------------------------------------------------

    \65\ NCAP's CIB test protocol requires a speed reduction of at 
least 15.8 kph (9.8 mph) in the program's 40 kph (24.9 mph) LVS 
test. However, the voluntary commitment allows a vehicle to comply 
with the memorandum for a speed reduction of 8.0 kph (5 mph) in 
IIHS's 19.3 and 40.2 kph (12 and 25 mph) LVS tests.
    \66\ In this instance, ``vehicles'' refers to the total number 
of vehicles in the 2021 fleet, and not the total number of vehicle 
models for that year.
    \67\ These values assume a 50 percent take rate for vehicles 
having optional equipment.
    \68\ No contact was assumed if the test vehicle did not contact 
the POV in five or more of the seven required trial runs.
---------------------------------------------------------------------------

b. Model Year 2019 and 2020 Research Testing
    As NHTSA noted in its March 2022 RFC, research testing conducted 
for a sample of model year 2019 and 2020 vehicles from various 
manufacturers also confirmed advancement of CIB system capabilities in 
recent years. The goal of this testing was to characterize the 
performance of then-current CIB systems and evaluate the technology's 
future potential for the new model years' vehicle fleet. For this 
purpose, the Agency chose to focus testing on NCAP's LVS and LVD test 
scenarios, as its review of the 2011-2015 FARS and GES rear-end crash 
data sets showed that LVS and LVD rear-end scenarios resulted in the 
highest number of crashes and MAIS 1-5 injuries.\69\ NHTSA conducted 
testing for each scenario in accordance with NCAP's current CIB test 
procedure. These tests were then repeated using an ABD GVT as the 
surrogate vehicle in lieu of the SSV to verify that little to no change 
in performance would result.\70\ The Agency also performed additional 
tests for each scenario using the GVT to assess how specific procedural 
changes (i.e., increases in test speed and POV deceleration magnitude) 
affected CIB system performance.\71\
---------------------------------------------------------------------------

    \69\ Per 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, there were 1,099,868 LVS, 374,624 LVD, and 174,217 
LVM crashes annually. Furthermore, there were 561,842 MAIS 1-5 
injuries resulting from the LVS crash scenario, 196,731 for LVD, and 
97,402 for LVM. The LVS scenario also had the second highest number 
of fatalities.
    \70\ The Agency desired to use the GVT in lieu of the SSV for 
its higher speed testing because, given its material properties, the 
GVT significantly reduced the potential for damage to the testing 
equipment and test vehicles.
    \71\ Test reports related to NHTSA's CIB characterization 
testing can be found in the docket for the March 2022 RFC notice.
---------------------------------------------------------------------------

    For the additional LVS tests, the Agency incrementally increased 
the vehicle speed from 40.2 to 72.4 kph (25 to 45 mph) in 8.0 kph (5 
mph) increments to identify when or if the vehicle reached its 
operational limits and/or did not react to the POV ahead. When the 
vehicle's intervention was insufficient (i.e., the SV's maximum (peak) 
deceleration was less than 0.5g), the Agency repeated the test scenario 
at a test speed that was 4.0 kph (2.5 mph) lower. This reduced speed 
was used to define the system's upper capabilities for the LVS 
scenario.
    For the additional LVD tests, the Agency evaluated how changes made 
to either the SV and POV speed (72.4 kph versus 56.3 kph (45 mph versus 
35 mph)) or POV deceleration magnitude (0.5g versus 0.3g) affected CIB 
performance. No changes were made to the SV-to-POV headway; it was 
retained at 13.8 m (45.3 ft.).
    The Agency chose to increase the test speeds for the scenarios 
included in its CIB characterization study because, in its independent 
analysis of the 2011-2015 FARS data set, Volpe found that, when the 
posted speed limit was known, approximately 29 percent of fatalities 
and 70 percent of injuries in rear-end crashes occurred when the posted 
speed on roadways was 72.4 kph (45 mph) or less.\72\ The additional 
change to increase the POV deceleration in the LVD scenario was 
intended to create a more stringent test to address situations where 
the driver of a lead vehicle brakes aggressively, causing the driver of 
the following vehicle to have even less time to avoid or mitigate the 
crash than had the lead vehicle braking been at the 0.3g level 
presently specified in the Agency's test procedure. Based on previous 
Agency research, when drivers need to apply the brakes in a non-
emergency situation, they do so by decelerating up to approximately 
0.306g, while drivers encountering an unexpected obstacle apply the 
brakes at 0.48g.\73\ Further, NHTSA noted that a deceleration of 0.5g 
falls within the range of deceleration magnitudes prescribed by Euro 
NCAP in its AEB Car-to-Car systems test protocol, Version 3.0.3, dated 
April 2021 for the Car-to-Car rear braking CCRb scenario. In its CCRb 
test, Euro NCAP specifies POV deceleration magnitudes of 2 m/s\2\ and 6 
m/s\2\ (approximately 0.2 to 0.6 g) for an SV-to-POV headway of 12 m 
(39.4 ft.) and SV test speed of 50 kph (31.1 mph).
---------------------------------------------------------------------------

    \72\ 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.
    \73\ Gregory M. Fitch, Myra Blanco, Justin F. Morgan, Jeanne C. 
Rice, Amy Wharton, Walter W. Wierwille, and Richard J. Hanowski 
(2010, April) Human Performance Evaluation of Light Vehicle Brake 
Assist Systems: Final Report (Report No. DOT HS 811 251) Washington, 
DC: National Highway Traffic Safety Administration, p. 13 and p. 
101.
---------------------------------------------------------------------------

    The Agency's characterization testing showed that many vehicles 
were able to repeatedly provide complete crash avoidance at higher test 
speeds and generally more aggressive conditions than those specified in 
NCAP's current CIB test procedure. For the 56.3 kph (35.0 mph) LVS 
tests conducted with a POV deceleration of 0.3g, seven out of the 
eleven vehicles avoided contact with the lead vehicle in every test 
trial. One of the remaining vehicles avoided contact in six out of 
seven test trials and the other three vehicles demonstrated an average 
speed reduction that exceeded 30.6 kph (19 mph). For the 72.4 kph (45.0 
mph) LVS tests conducted with a POV deceleration of 0.3g, four out of 
the eleven vehicles avoided contact in every test trial and two other 
vehicles avoided contact in all but one test trial. Three of the 
remaining vehicles avoided contact in one or two test trials, while the 
two other vehicles could not avoid contact but both demonstrated an 
average 21 kph (13 mph) speed reduction. For the 56.3 kph (35.0 mph) 
LVD tests conducted at 0.5g rather than 0.3g, as specified in NCAP's 
current CIB test procedure, eight vehicles demonstrated the ability to 
avoid contact with the lead vehicle in at least one trial and three 
vehicles avoided contact in all trials, despite having less time to 
avoid the crash.\74\ Similarly, when the speed of the SV and lead 
vehicle was increased to 72.4 kph (45 mph), nine vehicles demonstrated 
the ability to avoid contact with the lead vehicle in at least one test 
while four vehicles avoided contact in all tests. One vehicle avoided 
contact in all lead vehicle decelerating trials, including both 
increased speeds and increased lead vehicle deceleration.
---------------------------------------------------------------------------

    \74\ Two vehicles avoided contact with the POV in four out of 
five trials.
---------------------------------------------------------------------------

    Given these findings, the Agency concluded that current CIB systems 
are capable of significantly exceeding NCAP's current testing 
requirements. Thus, it is feasible to update the program's CIB test 
conditions to further safety improvements and address a greater number 
of rear-end crashes, particularly those which cause a greater number of 
injuries and fatalities in the real world.
c. AEB Effectiveness
    In its March 2022 RFC notice, NHTSA discussed findings from several 
studies suggesting that AEB systems (i.e., CIB and DBS) have 
collectively been effective in reducing rear-end crashes. As noted in 
the introductory section, UMTRI \75\ found that AEB systems

[[Page 95933]]

produced an estimated 46 percent reduction in applicable rear-end 
crashes when combined with a forward collision alert, which alone 
showed only a 21 percent reduction.\76\ Similarly, in a 2017 study, 
IIHS found that rear-end collisions decreased by 50 percent for 
vehicles equipped with AEB and FCW.\77\ Furthermore, a 2019 study 
conducted by IIHS \78\ suggested that the increasing effectiveness of 
AEB technology in certain crash situations, particularly those 
evaluated by NCAP and other consumer information programs, is changing 
the rear-end crash problem.
---------------------------------------------------------------------------

    \75\ Leslie, A.J., Kiefer, R.J., Meitzner, M.R., & Flannagan, 
C.A. (2019, September), 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.
    \76\ The AEB systems studied by UMTRI consisted of camera-only, 
radar-only, and fused camera-radar AEB systems, the latter two 
systems of which also included adaptive cruise control 
functionality.
    \77\ Cicchino, J.B. (2017, February), Effectiveness of forward 
collision warning and autonomous emergency braking systems in 
reducing front-to-rear crash rates, Accident Analysis and 
Prevention, 2017 Feb;99(Pt A):142-152, <a href="https://doi.org/10.1016/j.aap.2016.11.009">https://doi.org/10.1016/j.aap.2016.11.009</a>.
    \78\ Cicchino, J.B. & Zuby, D.S. (2019, August), Characteristics 
of rear-end crashes involving passenger vehicles with automatic 
emergency braking, Traffic Injury Prevention, 2019, VOL. 20, NO. S1, 
S112-S118 <a href="https://doi.org/10.1080/15389588.2019.1576172">https://doi.org/10.1080/15389588.2019.1576172</a>.
---------------------------------------------------------------------------

    While these studies suggest that AEB systems (i.e., CIB and DBS) 
have collectively been effective in reducing rear-end crashes, NHTSA 
stated in its March 2022 notice that it was not clear how effective 
each of these systems is independently, or whether their individual 
effectiveness may change for certain crash scenarios, environmental 
conditions, or driver factors (e.g., poor judgement, distraction, 
etc.). The Agency also stated it is not aware of any studies of 
current-generation AEB systems that have determined the extent to which 
CIB and DBS individually contribute to crash reduction. Since NHTSA 
could not differentiate between the individual effectiveness of CIB and 
DBS systems, it tentatively concluded that NCAP should continue to 
assess CIB and DBS system performance individually and therefore retain 
DBS assessments. NHTSA explained that this approach would ensure 
vehicles would not suppress AEB operation in situations where the 
driver applies the vehicle's foundation brakes.\79\ However, as 
discussed later, the Agency also sought comment on removing the DBS 
test conditions from NCAP entirely in an effort to reduce test burden.
---------------------------------------------------------------------------

    \79\ Foundation brake system means all components of the service 
braking system of a motor vehicle intended for the transfer of 
braking application force from the operator to the wheels of a 
vehicle. See 49 CFR 579.4.
---------------------------------------------------------------------------

    The Agency did not perform DBS testing as part of its 
characterization study to evaluate system performance capabilities 
beyond what is currently required in NCAP's respective test procedure. 
However, DBS systems have historically been shown to impart additional 
braking beyond that afforded by CIB systems. NHTSA has observed 
complete crash avoidance in DBS tests but only speed reduction in the 
equivalent CIB tests conducted for the same vehicle models. Therefore, 
it was expected that DBS performance should typically be as good as, if 
not better than, CIB performance. NHTSA believed that it was fitting to 
align the proposed CIB and DBS evaluations for the assessed situations, 
since doing so would allow the Agency to evaluate whether a vehicle's 
DBS system would provide sufficient supplemental braking if the driver 
brakes but additional braking is warranted. To verify that equivalent 
performance requirements and criteria proposed for CIB would also be 
appropriate for DBS, NHTSA planned research tests for model year 2021 
and 2022 vehicles.
d. Model Year 2021 and 2022 Research Testing
    In accordance with its plans expressed in the March 2022 RFC, NHTSA 
conducted a series of AEB research tests in 2022 to further analyze 
current fleet performance.\80\ This testing, which involved 12 model 
year 2021 and 2022 light vehicles, included CIB and DBS testing in a 
variety of CIB and DBS test conditions. The goal of this research was 
to evaluate NHTSA's AEB proposals (found in subsequent sections) and to 
gain further knowledge regarding the capabilities of the current 
vehicle fleet.
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    \80\ <a href="https://www.regulations.gov/document/NHTSA-2023-0021-0005">https://www.regulations.gov/document/NHTSA-2023-0021-0005</a>.
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    Both CIB and DBS tests were conducted in the LVS, LVM, LVD, and STP 
false positive scenarios. Additionally, NHTSA conducted two other false 
positive test scenarios as part of this research: a ``Pass Through'' 
test, in which the SV approaches two stationary lead vehicles located 
to the left and right of the SV forward path, and ``Pass Through + 
STP'' test, which is a combination of the STP and Pass Through 
scenarios.\81\ See Table 11 for the nominal test parameters used in 
this series of research tests. The ABD GVT Revision G, secured to a GST 
robotic platform (or carrier), was used as the POV for the model year 
2021 and 2022 research testing.
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    \81\ In the Pass Through + STP test, the SV approaches a large 
steel plate positioned longitudinally on the test surface in the 
forward path of the SV. Two stationary lead vehicles are located to 
the left and right of the STP in the SV forward path. The SV is 
driven over the STP, between the two lead vehicles.

                                     Table 11--Nominal Test Parameters for Model Year 2021 and 2022 Research Testing
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Test speeds (kph (mph))
               Test scenario                ---------------------------------------------    Headway  (m (ft.))    POV  decel.      CIB          DBS
                                                           SV                    POV                                   (g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lead Vehicle Stopped (LVS).................  10, 40, 50, 60, 70, 80 (6.2,              0  .......................  ...........      [check]  ...........
                                              24.9, 31.1, 37.3, 43.5, 49.7).
                                             70, 80, 90, 100 (43.5, 49.7,              0  .......................  ...........  ...........      [check]
                                              55.9, 62.1).
Lead Vehicle Moving (LVM)..................  40, 50, 60, 70, 80 (24.9,         20 (12.4)  .......................  ...........      [check]  ...........
                                              31.1, 37.3, 43.5, 49.7).
                                             70, 80, 90, 100 (43.5, 49.7,      20 (12.4)  .......................  ...........  ...........      [check]
                                              55.9, 62.1).
Lead Vehicle Decelerating (LVD)............  50 (31.1).....................    50 (31.1)     12, 40 (39.4, 131.2)     0.4, 0.5      [check]      [check]
                                             80 (49.7).....................    80 (49.7)     12, 40 (39.4, 131.2)     0.4, 0.5      [check]      [check]
Steel Trench Plate (STP)...................  80 (49.7).....................  ...........  .......................  ...........      [check]      [check]
Pass Through...............................  80 (49.7).....................            0  .......................  ...........      [check]      [check]
Pass Through + Steel Trench Plate..........  80 (49.7).....................            0  .......................  ...........      [check]      [check]
--------------------------------------------------------------------------------------------------------------------------------------------------------

    For the LVS and LVM test series, SV speed was increased from lowest 
to highest. One initial trial was conducted per test speed. If no SV-
to-POV contact was observed, the next highest SV speed was run. 
However, if SV-to-POV contact

[[Page 95934]]

occurred and the SV speed at the time of impact was less than or equal 
to 50 percent of the initial SV speed, up to four additional (repeated) 
trials were performed at the same SV speed. If two additional SV-to-POV 
impacts were observed during the repeat sequence, the test series was 
terminated. Furthermore, if the SV speed at the time of impact was 
greater than 50 percent of the initial SV speed during the initial 
trial, no repeat runs were performed; testing for that scenario was 
terminated. For the LVD test series, testing proceeded in a similar 
manner. The SV speed was increased from lowest to highest, and POV 
deceleration was iteratively increased from 0.4g to 0.5g for a given 
speed combination and headway. Relevant outcomes of this research are 
detailed throughout the applicable sections of this notice.

D. NHTSA's Proposals, Summary of Comments, Response to Comments, and 
Agency Decisions

1. AEB
a. Forward Collision Prevention Technologies Inclusion in General
    Many commenters, including the NTSB, Bosch, HMNA, and NADA, 
expressed support for the Agency's proposed updates for NCAP's AEB 
testing. Additional proponents, such as the Advocates and QuantivRisk, 
Inc., cited the need for increased test stringency to realize 
additional safety benefits. In this vein, NTSB specifically asked NHTSA 
to ``strive for the performance we want the systems to be able to 
reach, not merely evaluate the current capabilities of the systems.'' 
Auto Innovators expressed a need for consistency between changes to 
NCAP and those planned for AEB standards. Other respondents, such as 
MEMA, appreciated the Agency's attempts to focus resources on emerging 
trends and harmonize its AEB test procedures with those used by 
European New Car Assessment Programme (Euro NCAP) and other consumer 
information programs. Toyota also supported the Agency's attempts at 
shared global assessments but recommended that NHTSA select (1) tests 
that can adequately ensure performance across a range of conditions to 
improve overall test efficiency and (2) performance criteria that 
reflect real-world benefits. Citing rising fatalities, several 
commenters requested that the Agency consider AEB test additions for 
cyclists and motorcyclists, while others mentioned current AEB system 
limitations, such as systems' inability to detect cyclists and other 
vulnerable road users (VRUs) at higher speeds and in low light and 
inclement weather.
b. AEB Test Procedure Changes, Including Higher Speeds and POV 
Deceleration Magnitude for LVD Test; and Removal of DBS Tests and Only 
High-Speed DBS Assessments
    NHTSA proposed harmonizing many aspects of changes to NCAP's CIB 
and DBS procedures with Euro NCAP's AEB Car-to-Car systems test 
protocol. The Agency reasoned this approach was most appropriate based 
on requirements of the BIL. The Agency also argued that it would be 
beneficial to standardize the current AEB test specifications with 
other consumer information programs, as doing so would allow the Agency 
and vehicle manufacturers to focus resources on emerging trends for 
rear-end crashes as AEB-equipped vehicles become more abundant in the 
fleet.\82\ NHTSA also noted it would consider making additional updates 
to its AEB test evaluation as the rear-end crash problem evolves.
---------------------------------------------------------------------------

    \82\ Cicchino, J.B., & Zuby, D.S. (2019, August), 
Characteristics of rear-end crashes involving passenger vehicles 
with automatic emergency braking, Traffic Injury Prevention, 2019, 
VOL. 20, NO. S1, S112-S118, <a href="https://doi.org/10.1080/15389588.2019.1576172">https://doi.org/10.1080/15389588.2019.1576172</a>.
---------------------------------------------------------------------------

    The updated CIB and DBS tests proposed in the 2022 RFC are detailed 
below for each test scenario. Tables 12 and 13 summarize the proposed 
test scenarios and conditions.

                      Table 12--CIB Test Scenarios and Conditions Proposed in the 2022 RFC
----------------------------------------------------------------------------------------------------------------
                                                        POV            POV
     Test  scenario         SV speed    POV speed   headway  (m   deceleration         Requirement to pass
                          (kph (mph))  (kph (mph))     (ft.))          (g)
----------------------------------------------------------------------------------------------------------------
LVS.....................    40 (24.9)            0          n/a             n/a  (1) No SV-to-POV contact on
                            50 (31.1)            0          n/a             n/a   first trial;
                            60 (37.3)            0          n/a             n/a  OR
                            70 (43.5)            0          n/a             n/a  (2) Any SV-to-POV contact where
                            80 (49.7)            0          n/a             n/a   the relative velocity between
                                                                                  the SV and POV is <= 50% of
                                                                                  initial SV speed
                                                                                 AND
                                                                                 No SV-to-POV contact in 3 out
                                                                                  of 5 total trials.
LVM.....................    40 (24.9)    20 (12.4)          n/a             n/a
                            50 (31.1)    20 (12.4)          n/a             n/a
                            60 (37.3)    20 (12.4)          n/a             n/a
                            70 (43.5)    20 (12.4)          n/a             n/a
                            80 (49.7)    20 (12.4)          n/a             n/a
LVD *...................    50 (31.1)    50 (31.1)    12 (39.4)             0.5
                            60 (37.3)    60 (37.3)    12 (39.4)             0.5
                            70 (43.5)    70 (43.5)    12 (39.4)             0.5
                            80 (49.7)    80 (49.7)    12 (39.4)             0.5
----------------------------------------------------------------------------------------------------------------
* For LVD, NHTSA requested comment on whether at least five of seven trials should be required for vehicles
  whose contact velocity is <=50 percent of the initial velocity, whether a 40 m headway should be included, and
  whether NHTSA should employ a 0.6g POV deceleration in lieu of 0.5g.


                      Table 13--DBS Test Scenarios and Conditions* Proposed in the 2022 RFC
----------------------------------------------------------------------------------------------------------------
                                                         POV           POV
      Test  scenario         SV speed    POV speed   headway  (m  deceleration         Requirement to pass
                           (kph (mph))  (kph (mph))     (ft.))         (g)
----------------------------------------------------------------------------------------------------------------
LVS **...................    70 (43.5)            0          n/a           n/a  (1) No SV-to-POV contact on
                             80 (49.7)            0          n/a           n/a   first trial;
                                                                                OR
                                                                                (2) Any SV-to-POV contact where
                                                                                 the relative velocity between
                                                                                 the SV and POV is <=50% of
                                                                                 initial SV speed
                                                                                AND
                                                                                No SV-to-POV contact in 3 out of
                                                                                 5 total trials.
LVM **...................    70 (43.5)    20 (12.4)          n/a           n/a
                             80 (49.7)    20 (12.4)          n/a           n/a

[[Page 95935]]

 
LVD ***..................    70 (43.5)    70 (43.5)    12 (39.4)           0.5
                             80 (49.7)    80 (49.7)    12 (39.4)           0.5
----------------------------------------------------------------------------------------------------------------
* For all DBS conditions, NHTSA requested comment on removal of all DBS test conditions.
** For LVS and LVM, NHTSA requested comment on the additional inclusion of 40, 50, and 60 kph (24.9, 31.1, and
  37.3 mph).
*** For LVD, NHTSA requested comment on the additional inclusion of 50 and/or 60 kph (31.1 and/or 37.3 mph) SV/
  POV speeds or only 70 and 80 kph (43.5 and 49.7 mph) (if they were adopted for CIB as well). NHTSA also
  requested comment on whether at least five of seven trials should be required to satisfy the performance
  requirement for vehicles whose relative velocity at contact is <=50 percent of the initial SV speed, whether
  40 m headway should be included, and whether NHTSA should employ 0.6g POV deceleration in lieu of 0.5g.

Crash Imminent Braking (CIB)
Lead Vehicle Stopped (LVS)
    Currently, NCAP's CIB LVS test is conducted at a speed of 40.2 kph 
(25 mph). In its upgrade proposal, the Agency recommended assessing CIB 
system performance over a range of test speeds for this test scenario. 
Specifically, NHTSA proposed a minimum SV test speed of 40 kph (24.9 
mph) (similar to that currently specified in NHTSA's CIB test 
procedure) and a maximum SV test speed of 80 kph (49.7 mph). NHTSA also 
proposed increasing the SV test speed in 10 kph (6.2 mph) increments 
from the minimum test speed to the maximum test speed for the LVS 
assessment, performing one trial per speed. To achieve a passing result 
for each speed, NHTSA proposed that the test trial must be valid (all 
test specifications and tolerances satisfied), and the SV must not 
contact the POV. Further, the Agency proposed that it would conduct 
four additional trials for any specific test speed that resulted in a 
test failure (i.e., contact) as long as the SV relative velocity at 
impact was less than or equal to 50 percent of the initial SV speed. 
For these five trials (i.e., one failed trial and four additional 
trials), NHTSA proposed that the SV must avoid contact with the POV for 
at least three trials to pass the test condition (i.e., combination of 
test scenario and test speed).
    In justifying its recommendation to incorporate higher test speeds 
for the LVS scenario, in addition to Volpe's real-world data analysis, 
which illustrated the safety need, the Agency indicated its CIB 
characterization testing demonstrated that several vehicles repeatedly 
afforded full crash avoidance (i.e., no contact) at speeds up to 72.4 
kph (45 mph) when subjected to this test. Further, NHTSA recognized 
that Euro NCAP's Car-to-Car Rear stationary (CCRs) scenario, which is 
comparable to the Agency's LVS test, is conducted at speeds as high as 
80 kph (49.7 mph) in the ``AEB only'' test condition. NHTSA reasoned 
that Euro NCAP's use of higher test speeds suggests higher test speeds 
are, from the perspective of test conduct, practicable for NCAP's LVS 
test as well.\83\ The Agency believed it was appropriate to harmonize 
with Euro NCAP on the maximum LVS test speed of 80 kph (49.7 mph), as 
this should better address the higher severity, high-speed crash 
problem and, in turn, further reduce fatalities and serious injuries. 
However, NHTSA did not propose to harmonize with Euro NCAP's protocol 
on the minimum SV test speed. Euro NCAP's CCRs scenario specifies a 
minimum SV speed of 10 kph (6.2 mph) for AEB systems, but the Agency 
stated it did not see the need to conduct its updated LVS testing at a 
speed less than that which is specified in its existing test procedure 
(40.2 kph (25 mph)). As such, a minimum test speed of 40 kph (24.9 mph) 
was proposed instead.
---------------------------------------------------------------------------

    \83\ European New Car Assessment Programme (Euro NCAP) (April 
2021), Test Protocol--AEB Car-to-Car systems, Version 3.0.3. See 
section 8.2.3.
---------------------------------------------------------------------------

    The Agency sought comment on whether the proposed speeds and 
overall assessment approach were appropriate for LVS or whether 
alternatives should be considered.
Lead Vehicle Moving (LVM)
    As mentioned previously, NCAP's CIB test procedure currently 
includes two LVM test conditions: a lower speed assessment that 
specifies an SV speed of 40.2 kph (25 mph) and POV speed of 16.1 kph 
(10 mph), and a higher speed assessment that prescribes an SV speed of 
72.4 kph (45 mph) and POV speed of 32.2 kph (20 mph). For this NCAP 
update, NHTSA proposed to assess CIB system performance over a range of 
SV test speeds for the LVM scenario. Similar to its proposal for the 
LVS scenario, NHTSA proposed to implement a ``no contact'' performance 
criterion for the LVM scenario and to increase the SV test speed for 
the LVM assessment in 10 kph (6.2 mph) increments from a minimum speed 
of 40 kph (24.9 mph) to a maximum speed of 80 kph (49.7 mph), with a 
POV speed of 20 kph (12.4 mph) for every SV test speed. The Agency also 
proposed to perform one trial run per speed and four additional trials 
for any specific test speed that resulted in a test failure for initial 
runs where the SV had a relative velocity at impact less than or equal 
to 50 percent of the initial SV speed. Similar to its proposal for LVS, 
the Agency proposed that the SV must not contact the POV for at least 
three out of the five test trials performed at that same speed to pass 
the LVM test condition.
    The Agency noted that the proposed minimum SV test speed of 40 kph 
(24.9 mph) is nearly equivalent to the speed currently specified for 
its lower speed LVM assessment, 40.2 kph (25 mph), and the proposed 
maximum SV test speed of 80 kph (49.7 mph) is only slightly higher than 
the speed specified for its higher speed LVM assessment, 72.4 kph (45 
mph). Since NCAP's higher speed CIB LVM assessment (conducted at an SV 
speed of 72.4 kph (45 mph) and POV speed of 32.2 kph (20 mph)) showed 
that many vehicles were able to stop without contacting the POV test 
device for each of the required test trials, NHTSA believed it was 
reasonable to raise the SV speed in NCAP's LVM test even though it had 
not performed additional LVM testing as part of its characterization 
study. The Agency also noted that Euro NCAP performs its Car-to-Car 
Rear moving (CCRm) scenario (which is comparable to NCAP's LVM tests) 
at speeds as high as 80 kph (49.7 mph), further suggesting that higher 
SV test speeds are practicable.\84\ Given this, NHTSA believed it was 
appropriate to harmonize with Euro NCAP on the maximum SV test speed of 
80 kph (49.7 mph) for the Agency's LVM test. NHTSA reasoned that 
adopting a higher maximum SV test speed than that which is currently 
required in the Agency's CIB procedure should encourage improved CIB 
system performance at higher speeds, and thus further reduce fatalities 
and serious injuries.
---------------------------------------------------------------------------

    \84\ European New Car Assessment Programme (Euro NCAP) (April 
2021), Test Protocol--AEB Car-to-Car systems, Version 3.0.3. See 
section 8.2.4.
---------------------------------------------------------------------------

    Although it proposed to harmonize with Euro NCAP's protocol with 
respect to the maximum SV speed adopted for

[[Page 95936]]

its LVM test, the Agency did not suggest harmonizing with Euro NCAP 
with respect to the minimum required SV test speed. Euro NCAP's CCRm 
scenario specifies a minimum SV test speed of 30 kph (18.6 mph) for 
AEB-equipped vehicles; however, the Agency did not believe there was 
not a compelling reason to perform its updated LVM test at a speed that 
is less than the current required test speed (i.e., 40.2 kph (25 mph)) 
since most vehicles have been able to meet NCAP's current LVM test 
requirements at 40.2 kph (25 mph) to date with a similar POV test 
speed. Accordingly, NHTSA proposed a minimum SV test speed of 40 kph 
(24.9 mph).
    NHTSA proposed to adopt a POV test speed of 20 kph (12.4 mph). The 
Agency noted this POV speed is specified in Euro NCAP's CCRm protocol, 
and therefore adopting this speed for NHTSA's LVM testing seemed 
appropriate since it would further support harmonization efforts.
    Comments were requested on whether the SV/POV speeds and assessment 
approach proposed for NCAP's CIB LVM tests were appropriate or whether 
alternative speeds or approaches should be considered instead.
Lead Vehicle Decelerating (LVD)
    For the LVD scenario, NHTSA proposed to reduce the minimum nominal 
SV and POV test speeds from 56 kph (34.8 mph), as specified in NCAP's 
test procedure, to 50 kph (31.1 mph), as stated in Euro NCAP's AEB Car-
to-Car systems test protocol, Version 3.0.3, dated April 2021 for the 
Car-to-Car rear braking (CCRb) scenario.\85\ The Agency stated that, 
given additional changes proposed for the SV-to-POV headway and 
deceleration magnitude for the LVD scenario, the proposed reduction in 
test speed would not lead to an overall reduction in test stringency or 
loss of safety benefits. NHTSA requested comment on whether this 
proposed test speed change was appropriate for NCAP's LVD testing.
---------------------------------------------------------------------------

    \85\ European New Car Assessment Programme (Euro NCAP) (April 
2021), Test Protocol--AEB Car-to-Car systems, Version 3.0.3. See 
section 8.2.5.
---------------------------------------------------------------------------

    The Agency also sought comment on whether it would be appropriate 
to incorporate additional SV and POV test speeds for the LVD test 
scenario: 60, 70, and 80 kph (37.3, 43.5, and 49.7 mph, respectively). 
Similar to the proposed CIB LVS and LVM test scenarios, NHTSA proposed 
to concurrently increase the SV and POV test speeds in 10 kph (6.2 mph) 
increments from the minimum test speed to the maximum test speed for 
NCAP's LVD assessment if multiple speeds were adopted. The Agency also 
proposed, as discussed in a later section, to perform one trial run per 
speed and four additional trials for any specific test speed that 
resulted in a test failure (i.e., SV-to-POV contact) where the SV had a 
relative velocity at impact less than or equal to 50 percent of the 
initial SV speed. Like the other two CIB test scenarios, the Agency 
proposed the SV must not contact the POV for at least three out of the 
five test trials performed at that same speed to pass the test 
condition. Alternatively, the Agency sought comment on whether testing 
at only 50 kph (31.1 mph) and 80 kph (49.7 mph) would be acceptable.
    NHTSA acknowledged in its proposal that it had not yet performed 
LVD testing at 80 kph (49.7 mph), mainly due to equipment and test 
track length limitations, as this test scenario requires that both the 
SV and POV be travelling at the same speed at the onset of the test 
validity period. However, the Agency recognized that higher speed tests 
may be warranted. For instance, Volpe's analysis of the 2011-2015 FARS 
data set showed that, when posted speed limit was known, the majority 
of fatal rear-end crashes (71 percent) occurred on roads with posted 
speeds exceeding 72.4 kph (45 mph). Considering the braking performance 
observed during the high-speed LVS tests conducted as part of its 
characterization study, the Agency noted current vehicles may perform 
well in LVD tests conducted at even higher speeds. Additionally, NHTSA 
believed that CIB systems may be able to classify POVs more confidently 
in the LVD test compared to the LVS test due to the POV's detected 
motion (i.e., path history). Accordingly, NHTSA conducted research to 
assess vehicles' CIB system performance in the LVD test at SV and POV 
speeds ranging from 50 kph (31.1 mph) to 80 kph (49.7 mph) to determine 
the feasibility of adopting one or more of these speeds for this test 
scenario.\86\
---------------------------------------------------------------------------

    \86\ The Agency proposed these speeds would each be assessed for 
both 12 and 40 m (39.4 and 131.2 ft.) headways and POV deceleration 
magnitudes of 0.4g and 0.5g.
---------------------------------------------------------------------------

    In its March 2022 RFC notice, NHTSA also proposed to reduce the 
minimum nominal SV-to-POV headway of 13.8 m (45.3 ft.), currently 
specified for the LVD scenario, to 12 m (39.4 ft.) for the proposed 
test speed of 50 kph (31.1 mph). Although not assessed as part of its 
CIB characterization testing, the Agency asserted this change would not 
only harmonize with Euro NCAP's CCRb scenario with respect to test 
conduct, but also maintain similar stringency to NCAP's current LVD 
test scenario, given the proposed test speed reduction from 56 kph 
(34.8 mph) to 50 kph (31.1 mph). Euro NCAP also specifies an additional 
SV-to-POV headway of 40 m (131.2 ft.); however, the Agency did not 
propose to conduct this assessment as part of the RFC, as NHTSA 
suggested there would not be a safety benefit in adopting 40 m (131.2 
ft.) as an additional, and presumably less stringent, headway. 
Therefore, the Agency did not want to increase the test burden 
unnecessarily. However, the Agency indicated that it would assess 
vehicle performance at both 12 and 40 m (39.4 and 131.2 ft.) headways 
as part of its future research for each of the test speeds to be 
evaluated. The Agency also sought public comment on which SV-to-POV 
headway(s) may be appropriate for adoption not only for the proposed 
test speed (i.e., 50 kph (31.1 mph)), but also for each of the 
additional test speeds (ranging from 60 kph (37.3 mph) to 80 kph (49.7 
mph)) it planned to evaluate and possibly incorporate.
    The last change the Agency proposed for the LVD test scenario was 
increasing the POV deceleration magnitude currently specified in its 
CIB test procedure from 0.3g to 0.5g. In the Agency's CIB 
characterization study, three vehicles repeatedly afforded full crash 
avoidance (i.e., no contact) for all trials when the POV executed a 
0.5g braking maneuver in the LVD condition with an SV test speed of 
56.3 kph (35 mph) and SV-to-POV headway of 13.8 m (45.3 ft.), 
demonstrating that the change to POV deceleration for the revised LVD 
test conditions (which also includes a slightly lower test speed and 
slightly shorter SV-to-POV headway) is likely feasible. The Agency also 
noted that, in Euro NCAP's AEB Car-to-Car systems test protocol, the 
organization specifies POV deceleration magnitudes of 2 m/s\2\ and 6 m/
s\2\ (approximately 0.2 and 0.6g) for its CCRb scenario.\87\ As such, 
NHTSA reasoned that adopting a 0.5g POV deceleration magnitude would be 
practicable. To verify this assumption, as part of its research study, 
NHTSA committed to evaluating POV deceleration magnitudes of both 0.4 
and 0.5g for the range of test speeds considered (i.e., 60, 70, and/or 
80 kph (37.3, 43.5, and/or 49.7 mph)) for future LVD testing.\88\ The 
Agency also sought comment on what deceleration magnitude(s) would be 
appropriate for the proposed test speed (i.e., 50 kph

[[Page 95937]]

(31.1 mph)), as well as each of these additional test speeds.
---------------------------------------------------------------------------

    \87\ European New Car Assessment Programme (Euro NCAP) (), Test 
Protocol--AEB Car-to-Car systems, Version 3.0.3. See section 8.2.5.
    \88\ NHTSA notes that the LVD research tests were conducted only 
for 50 and 80 kph (31.1 and 49.7 mph) test speeds.
---------------------------------------------------------------------------

    NHTSA did not propose a 0.6g POV deceleration magnitude for use in 
its LVD test, even though Euro NCAP specifies 0.6g as the maximum POV 
deceleration for its CCRb scenario. In proposing 0.5g as the maximum 
POV deceleration in lieu of 0.6g, the Agency stated a lower POV 
deceleration may reduce equipment wear, particularly for the tires and 
braking components of the POV propulsion system, thus improving test 
efficiency. Specifically, NHTSA explained it has observed instances 
where the tires of the low-profile robotic vehicle (LPRV) platform \89\ 
used to move the GVT developed flat spots while performing a braking 
maneuver similar to that specified in the Agency's CIB LVD test \90\ 
but with higher POV decelerations. During this testing, NHTSA also 
found it was more difficult to achieve and accurately control POV 
deceleration within prescribed tolerances when braking maneuvers higher 
than 0.5g were used, even with extensive LPRV tuning efforts.\91\ The 
Agency noted that a deceleration of 0.6g is not only very close to the 
maximum braking capability of the LPRV, but also very close to the 
default magnitude used by the LPRV during an emergency stop (maximum 
deceleration). However, NHTSA acknowledged that newer robotic platforms 
(i.e., robotic carriers) offering greater capabilities are now becoming 
available, and they may resolve the issues observed in the Agency's 
testing. Accordingly, NHTSA requested comment on whether it may now be 
feasible to adopt a POV deceleration magnitude of 0.6g in lieu of 0.5g, 
as proposed.
---------------------------------------------------------------------------

    \89\ The GVT is secured to the top of the LPRV. The LPRV is 
responsible for any movement of the GVT during test conduct.
    \90\ Fogle, E. E., Arquette, T. E. (TRC), and Forkenbrock, G. J. 
(NHTSA), (2021, May), Traffic Jam Assist Draft Test Procedure 
Performability Validation (Report No. DOT HS 812 987), Washington, 
DC: National Highway Traffic Safety Administration.
    \91\ From Section 4.1 of DOT HS 812 987: ``POV deceleration 
validity check failures occurred during six trials of the eight 
LVDAD trials performed. Four of the seven 0.6 g failures were 
because the POV was unable to achieve the minimum deceleration 
threshold of 0.55 g. The remaining three 0.6 g failures were because 
the POV was unable to maintain a minimum average deceleration of at 
least 0.55 g.'' Here, LVDAD refers to ``Lead Vehicle Accelerates, 
Decelerates, then Decelerates.'' The LVDAD test is a more complex 
variant of the LVD test and was used by NHTSA to perform traffic jam 
assist research.
---------------------------------------------------------------------------

Dynamic Brake Support (DBS)
    With respect to DBS, the Agency proposed to align all test 
conditions (e.g., SV and POV test speed(s), headway(s), POV 
deceleration magnitude(s), etc.) for the comparable LVD, LVM, and LVS 
test scenarios with those proposed for CIB. Likewise, NHTSA proposed a 
similar performance criterion (i.e., no contact) and assessment 
approach as well; when applicable, speeds would be increased in 10 kph 
(6.2 mph) increments from the minimum test speed to the maximum test 
speed, with one trial performed per speed, and four additional trials 
conducted for any specific test speed that resulted in a test failure 
(i.e., contact) as long as the SV had a relative velocity at impact 
less than or equal to 50 percent of the initial SV speed. Similar to 
CIB, the Agency proposed that the SV must avoid contact with the POV 
for at least three out of the five test trials performed at that same 
speed to pass the test condition (if the vehicle fails the initial 
trial at a given test speed).
    Although the Agency had not conducted DBS testing as part of its 
characterization study to evaluate system performance capabilities 
beyond what is currently required in NCAP's DBS test procedure, NHTSA 
believed it was nonetheless fitting to align the proposed CIB and DBS 
evaluations, as it would allow NHTSA to assess whether a vehicle's DBS 
system will provide supplemental braking if the driver manually applies 
a brake pedal input but additional braking is warranted to afford crash 
avoidance. Further, the Agency noted its CIB and DBS test procedures 
are currently aligned with respect to test scenarios, test speeds, 
headways, etc. Differences exist only with respect to the use of manual 
brake application (i.e., for the SV in DBS testing) and (most) 
performance criteria.\92\ Therefore, the Agency reasoned it would be 
appropriate to adopt the CIB test conditions (i.e., test speeds, 
headways, etc.) for the comparable DBS test conditions for future 
testing as well. NHTSA requested comments on whether this proposal for 
future DBS testing, including the assessment method, was appropriate.
---------------------------------------------------------------------------

    \92\ NHTSA's DBS test procedure currently specifies ``no 
contact'' as the performance criterion for all DBS test conditions, 
whereas the Agency's CIB test procedure currently requires a 
specified speed reduction for each of the CIB test conditions (with 
the exception of the lower speed LVM condition where the POV speed 
is 16.1 kph (10 mph) and the SV speed is 40.2 kph (25 mph), which 
requires ``no contact.''
---------------------------------------------------------------------------

    The Agency also sought comment on removing the LVD, LVM, and LVS 
DBS test conditions from NCAP entirely (in addition to the false 
positive test conditions, discussed later) to reduce test burden and 
associated costs given findings from Volpe's analysis of the 2011-2015 
FARS and GES data sets and other changes NHTSA proposed for its CIB 
assessments.
    Specifically, Volpe found that the driver braked in just 8 percent 
of rear-end crashes involving fatalities and in 20 percent of those 
crashes involving injuries. The study also showed that the driver made 
no attempt to avoid the crash (e.g., no braking, steering, 
accelerating) for 56 percent of crashes involving fatalities and for 21 
percent of those involving injuries.\93\ These findings were contrary 
to those documented by NHTSA during a review of 2003-2009 National 
Automotive Sampling System Crashworthiness Data System data to define 
the target population for rear-end crashes.\94\ For that analysis, the 
Agency concluded that the driver braked in approximately half of the 
crashes and did not brake in the other half, which lends merit to 
performing both CIB and DBS tests. The Agency believed it was possible 
the brake application rates differed in the two studies because of (1) 
target crash population refinements made for NHTSA's original analysis 
and (2) differences in data collection methods between the crash 
databases. For instance, high-speed crashes were excluded from NHTSA's 
target crash population review because the AEB systems tested at the 
time had limited speed reduction capabilities.
---------------------------------------------------------------------------

    \93\ The Agency notes that for the rear-end pre-crash scenario 
group, the driver avoidance maneuver was unknown in 25 percent and 
54 percent of the FARS and GES crashes, respectively. When excluding 
cases where a driver avoidance maneuver was unknown, the driver made 
no attempt to avoid the crash in 75 percent and 48 percent of the 
FARS and GES crashes, respectively. Likewise, when a driver's 
avoidance maneuver was known, the driver braked in 11 percent of 
FARS crashes and 45 percent of GES crashes.
    \94\ National Highway Traffic Safety Administration (2012, 
June), Forward-looking advanced braking technologies research 
report, <a href="https://www.regulations.gov/document?D=NHTSA-2012-0057-0001">https://www.regulations.gov/document?D=NHTSA-2012-0057-0001</a>.
---------------------------------------------------------------------------

    As previously mentioned, NHTSA proposed to adopt a more stringent 
``no contact'' performance criterion for each of NCAP's CIB test 
conditions. The Agency's existing CIB test procedure requires a 
specified speed reduction for each of the CIB test conditions (with the 
exception of the lower speed LVM condition, which requires ``no 
contact''), whereas the DBS test procedure currently specifies ``no 
contact'' as the performance criterion for all DBS test conditions. The 
proposed change for CIB would effectively align the CIB performance 
requirements with those currently specified for DBS, and NHTSA 
questioned whether it was necessary to continue performing DBS tests in 
NCAP given public comments previously

[[Page 95938]]

received. For example, in its comments to NCAP's December 2015 notice, 
the Alliance \95\ stated that since crash avoidance (i.e., no SV-to-POV 
contact) is the desired outcome for all imminent rear-end crash events, 
if an SV avoids contact with the POV in all CIB tests, DBS testing 
should not be necessary. The Agency agreed with the Alliance's 
rationale in principle but questioned whether there would be merit to 
ensuring both AEB systems perform as designed and help the driver to 
mitigate or prevent the crash. NHTSA hypothesized that it may be 
possible for the driver to apply the brakes but with a magnitude that 
does not result in achieving the vehicle's maximum crash avoidance 
potential (i.e., deceleration). Further, the Agency explained that, in 
the past, some manufacturers had assumed the driver was in control when 
the brake pedal was depressed, and designed CIB systems such that 
automatic braking was overridden by the driver's input, even when the 
driver's braking was insufficient to avoid a crash. Based on this 
reasoning, NHTSA explained it was hesitant to assume that if a 
vehicle's CIB system works effectively during testing, its DBS system 
would automatically do so as well.
---------------------------------------------------------------------------

    \95\ Alliance of Automobile Manufacturers (The Alliance) merged 
with Global Automakers in January 2020 to create the Alliance for 
Automotive Innovation (Auto Innovators). Both automotive industry 
groups separately submitted comments to the December 2015 notice.
---------------------------------------------------------------------------

    Thus, as an alternative to removing the DBS performance evaluations 
from NCAP entirely (or retaining the LVD, LVM, and LVS DBS tests in 
NCAP, as proposed), the Agency concluded that it might be more 
reasonable to conduct only LVS and LVM DBS tests in NCAP at the highest 
two test speeds proposed for CIB--70 and 80 kph (43.5 and 49.7 mph, 
respectively)--to ensure (1) the DBS system functions properly at these 
speeds and (2) the SV will not suppress AEB operation when the driver 
applies the vehicle's foundation brakes. The Agency further noted that 
it would also consider conducting the DBS LVD test at only 70 and 80 
kph (43.5 and 49.7 mph, respectively) if it decided to adopt those same 
higher test speeds for the CIB LVD test. Comments were requested on 
this alternative proposal and whether an alternative assessment method 
would be more appropriate if any or all of the DBS test scenarios were 
conducted only at the two highest test speeds.
Summary of Comments
Regarding NHTSA's AEB Proposal, In General
    Several commenters, including BMW, FCA, and Honda, supported the 
Agency's proposal for CIB and DBS with respect to SV and POV speeds, 
headway distances, and POV deceleration magnitudes. FCA stated that the 
proposal was appropriate because it reflects current system 
capabilities and real-world crashes. With the exception of suggested 
changes for the LVD scenario, discussed later, Tesla also generally 
agreed with the Agency's proposal with respect to test speeds, headway, 
and deceleration magnitudes for CIB testing and the general intent to 
harmonize with Euro NCAP test protocols. Specifically, Tesla supported 
conducting LVS and LVM scenarios at test speeds ranging from 40 to 80 
kph (24.9 and 49.7 mph) with 10 kph (6.2 mph) increments, as proposed. 
Auto Innovators also generally agreed with the proposed test 
requirements but suggested the Agency harmonize with Euro NCAP and 
conduct CIB testing up to 50 kph (31.1 mph) and DBS testing at speeds 
over 50 kph (31.1 mph).
    Like Tesla, Advocates and Bosch also supported generally 
harmonizing the Agency's CIB testing with that performed by Euro NCAP, 
but with small variations. Advocates supported aligning the LVM and LVS 
POV and SV speeds with those used by Euro NCAP but did not support the 
Agency's justification for not aligning minimum test speeds for these 
two scenarios with those prescribed by Euro NCAP (10 kph, or 6.2 mph) 
as being sufficient. Bosch also mentioned harmonization with respect to 
test speeds but suggested the Agency should further investigate whether 
there is merit to increasing test speeds to assess AEB systems.
    Conversely, GM opposed any change to the test conditions prescribed 
in the Agency's current CIB test procedure. The automaker stated that 
the current AEB test speeds show significant real-world safety benefits 
\96\ and, as documented in DOT HS 811 521A, ``Objective Tests for 
Automatic Crash Imminent Braking (CIB) Systems,'' the current test 
parameters are ``well-supported by field crash scenarios most relevant 
to these features and associated with the highest societal harm, as 
measured by Functional Years Lost.''
---------------------------------------------------------------------------

    \96\ See GM Appendix 1.
---------------------------------------------------------------------------

    Other commenters suggested that the Agency remove certain test 
conditions. Auto Innovators suggested that the Agency remove one of the 
two original LVM scenarios, preferably the lower speed condition (i.e., 
SV and POV speeds of 40 and 16 kph (25 and 10 mph), respectively), 
since real-world data shows only 2 percent of fatalities and 6 percent 
of injuries occur on roads having posted speed limits of 40 kph (25 
mph) or less. Similarly, Toyota stated that the Agency should adopt 
only the number of test conditions sufficient to communicate accurate 
performance information to consumers. The automaker suggested that, if 
testing only at a certain speed would ensure performance for a large 
speed range, then that approach was acceptable for testing.
    With respect to other procedural considerations, Subaru recommended 
that NHTSA adopt a speed increment of 20 kph (12.4 mph) in lieu of 10 
kph (6.2 mph) for LVM testing. A few other respondents also generally 
supported the test parameters, but suggested slight modifications, 
which are addressed later in this section.
Adopt Higher AEB Test Speeds Than Those Proposed
    State Farm, IIHS, and Uhnder supported CIB and DBS testing at 
higher speeds, stating that such speeds better reflect real-world 
driving conditions. Uhnder supported adoption of test speeds that 
exceed 88.5 kph (55 mph), citing a May 2022 study from IIHS finding 
nearly 70 percent of fatal rear-end crashes occurred when the speed 
limit was 88.5 kph (55 mph) or higher.\97\ Similarly, IIHS noted that 
nearly 80 percent of police-reported rear-end crashes occurred on roads 
having speed limits ranging from 48.3 to 104.6 kph (30 to 65 mph),\98\ 
and the speed of the striking vehicle was more than 40 kph (24.9 mph), 
even on roads with speed limits of 40.2 kph (25 mph).\99\
---------------------------------------------------------------------------

    \97\ See footnote 11 of Uhnder response.
    \98\ Kidd, 2022a.
    \99\ Kidd, 2022b.
---------------------------------------------------------------------------

    Adasky, NTSB, and CAS also favored higher speed AEB assessments 
than those proposed. CAS asserted that NHTSA should conduct CIB tests 
at the highest speeds possible to still afford safe testing so that 
consumers may identify vehicles offering superior CIB performance at 
each test speed. Similarly, NTSB encouraged NHTSA to consider more 
challenging test speeds to drive desired (i.e., ideal) system 
performance instead of testing to current system capabilities. Finally, 
Rivian also suggested adopting higher speeds for DBS tests than those 
proposed if the Agency continued DBS testing in the future.

[[Page 95939]]

Test Speeds and Headway for the LVD Test Scenario Specifically
    Several commenters favored adopting AEB test speeds up to 80 kph 
(49.7 mph) for the LVD test scenario, with BMW and Honda stating that 
these test speeds were appropriate since they were supported by crash 
data.
    Tesla, along with Subaru, recommended conducting LVD scenarios at 
50 kph (31.1 mph), as proposed (similar to Euro NCAP), and also at 80 
kph (49.7 mph), as suggested by NHTSA. Subaru added that, if a test 
failure occurs at 80 kph (49.7 mph), the test speed should then be 
reduced by 10 kph (6.2 mph). Advocates favored harmonization with Euro 
NCAP with respect to test speed, headway, and deceleration for the LVD 
scenario, but preferred NHTSA's alternative proposal of adopting 
multiple higher test speeds (above 50 kph (31.1 mph)), suggesting NHTSA 
should also include a ``range of test speeds'' based on crash data and 
the Agency's testing.
    Toyota encouraged NHTSA to conduct additional feasibility studies 
and research, particularly for the LVD test scenario, to: (1) resolve 
possible GVT stability issues; (2) study the possible conflict with 
human driver steering avoidance maneuver timing; and (3) research the 
effectiveness of FCW and DBS based on the physical limitations imposed 
by the proposed LVD DBS test condition, and, considering driver 
reaction times, determine whether such higher-speed testing is feasible 
and appropriate before modifying the AEB test conditions. With respect 
to the first request, Toyota noted the Agency's statement that it has 
not conducted CIB/DBS LVD testing at 80 kph (49.7 mph) because of 
equipment and test track length limitations. Regarding its second 
point, the automaker asserted that the time required to steer to avoid 
a collision at higher speeds is less than the time required to brake, 
and that by imposing the suggested high speed CIB test conditions, the 
Agency may create a challenging `braking' situation that could 
interfere with a driver's ability to avoid the crash by steering 
instead. Lastly, Toyota voiced concern that the SV and POV dynamics for 
DBS LVD testing at higher speeds may pose physical limitations.\100\ 
More specifically, for speeds of 50 kph (31.1 mph) and greater, the 
manufacturer asserted that, given the (constant) headway prescribed, 
the time (i.e., TTC) required to activate the brake to avoid impact, 
and the proposed brake application timing of 1.0 s after issuance of 
the FCW, it is possible the FCW would have to be issued before the POV 
test device begins to decelerate in the DBS test for the SV to avoid 
contact with the POV. Toyota was supportive of DBS testing at higher 
speeds for the LVS test scenario.
---------------------------------------------------------------------------

    \100\ See case study included in Toyota's comments.
---------------------------------------------------------------------------

    Intel shared Toyota's concerns about the LVD DBS tests, explaining 
the proposed headway (12 m (39.4 ft.)) may be too small given a POV 
deceleration of 0.5 to 0.6g, such that it may not be possible to issue 
the FCW early enough to achieve brake activation one second after the 
issuance of the FCW as NHTSA proposed for the test procedure. Intel 
also cautioned the Agency that it should ensure it is feasible for test 
labs to conduct LVD tests at the proposed higher speeds considering the 
GVT platform experiences performance degradation at high speeds. Intel 
further noted many automakers limit speed reductions to approximately 
60 kph (37.3 mph) per Automotive Safety Integrity Level (ASIL) 
considerations.
    Auto Innovators did not support the Agency's adoption of test 
speeds exceeding the capabilities afforded by current systems for the 
LVD test condition because it may induce false positives under real-
world driving conditions, which may in turn discourage AEB use. The 
group, like Toyota, also cautioned that the proposed high-speed testing 
may cause unexpected interactions between the SV and POV during 
testing. Auto Innovators recommended that the Agency consider the 
proposed changes for CIB and DBS for future program updates to (1) 
allow additional time to investigate the field relevance of the 
proposed changes for both technologies and (2) provide sufficient time 
for system capabilities to improve.
    To better align with Euro NCAP testing, Intel suggested that LVD 
testing should be limited to 50 kph (31.1 mph) and should be performed 
only for vehicles equipped with both AEB and FCW. HATCI recommended 
that the Agency harmonize with the test speeds prescribed in Euro 
NCAP's protocol for the LVD test scenario if it ultimately adopts 
higher test speeds, and asked that the SV-to-POV headway be increased 
for each higher speed test condition based on field-representative 
distances or TTCs. Subaru recommended that the Agency maintain vehicle 
headway in LVD testing at a spacing equivalent to 1.0 second (instead 
of 12 m (39.4 ft.), as proposed) regardless of test speed. FCA also 
favored higher speed assessments for the LVD test scenario. However, 
FCA stated that the SV-to-POV headway should be adjusted for each speed 
to reflect a 0.9 second following distance, asserting this following 
distance is typical of real-world driving.
POV Deceleration Magnitude for LVD Test Scenario
    Most commenters addressing this issue favored a 0.5g POV 
deceleration for the LVD CIB test instead of 0.6g, with TRC citing 
issues with repeatability when attempting to tune the GVT braking 
system to operate at a deceleration greater than 0.5g. Although it 
acknowledged that new robotic platforms make tuning easier, TRC also 
suggested that they are expensive and require modification of existing 
equipment before they can be utilized. BMW also cited robotic platform 
operational limits and tire wear as reasons not to adopt a 0.6g POV 
deceleration requirement. HATCI favored a 0.5g deceleration magnitude 
because of proven repeatability and minimal equipment damage. The 
commenter recommended that the Agency increase the vehicle headway if 
it chooses to adopt a 0.6g POV deceleration instead.
    GM and Auto Innovators supported a 0.5g deceleration, asserting 
that this is a ``common'' deceleration level (based on crash data 
reviewed by NHTSA) and therefore ``realistic.'' Both commenters 
mentioned that a 0.6g deceleration has not been shown to induce 
differences in vehicle performance, but can cause problems with test 
equipment (based on experience in conducting Euro NCAP tests at 6 m/
s\2\). In a similar vein to the repeatability concerns mentioned by 
others, GM also noted that China NCAP no longer generally performs LVD 
tests (and other consumer groups are expected to follow suit) because 
they are difficult to conduct and test results for a given vehicle 
model are often widely variable.
    A few commenters expressed conditional support for the higher POV 
deceleration. Specifically, Honda and Auto Innovators offered support 
for adoption of a 0.6g deceleration if crash data indicates such a 
limit is more representative of driver braking in real-world crashes. 
Auto Innovators added that the Agency must also ensure testing 
tolerances. FCA suggested that a 0.6g deceleration may be acceptable if 
NHTSA wanted to ``reduce validation effort.''
    Intel expressed support for adopting a 0.6g deceleration criterion 
for the LVD CIB test to harmonize with other entities and regulations 
and thus reduce test burden. The company stated that, considering the 
tolerance currently prescribed for the POV deceleration, the

[[Page 95940]]

difference between 0.5g and 0.6g is small. Bosch also supported 
adoption of a 0.6g deceleration magnitude, as did Tesla. However, Tesla 
suggested that in lieu of a single POV deceleration of 0.5 or 0.6g, as 
proposed, the Agency should adopt deceleration magnitudes of -2 m/s\2\ 
and -6 m/s\2\ (approximately 0.2 and 0.6g), respectively, for each test 
speed to harmonize with Euro NCAP. Advocates shared this opinion.
Agree With Removal of DBS Tests
    MEMA, Subaru, and HATCI agreed with the Agency's proposal to remove 
the DBS test scenarios from NCAP's AEB test matrix, with the latter 
commenter suggesting that CIB and DBS functionality may overlap at 
certain speeds such that DBS functionality would be redundant when CIB 
is activated. HATCI therefore suggested that, if the Agency decided to 
continue conducting separate DBS assessments in NCAP, such tests should 
only be performed when a vehicle exhibits a test failure during CIB 
testing for that condition, as this would reduce test burden. Rivian 
remarked that the DBS testing was unnecessary because a vehicle's CIB 
system will activate and slow the vehicle when the braking imparted by 
DBS is insufficient. Subaru recommended removal or replacement of any 
ADAS test that currently has a high rate of passing results if adoption 
rates for the related ADAS technology are also high.
Retain Some or All DBS Tests
    Several commenters expressed that the Agency should continue to 
conduct DBS assessments in NCAP because DBS affords additional safety 
benefits compared to CIB. ZF Group favored retaining the DBS tests to 
ensure that vehicles continue to be equipped with DBS, noting that DBS 
systems ``can react earlier in critical situations.'' Similarly, CAS 
asserted that DBS ``can provide additional safety margin.''
    Other commenters recommended that NHTSA continue DBS testing to 
ensure system functionality. Advocates, GM, and Auto Innovators 
suggested the Agency should (Advocates and GM), or could (Auto 
Innovators), continue to conduct DBS tests to ensure that brake pedal 
application does not override AEB system functionality in general. NTSB 
also agreed that DBS functionality should be verified and supported 
NHTSA's alternative proposal to retain DBS testing in NCAP and conduct 
LVM and LVS testing at higher speeds (70 and 80 kph (43.5 and 49.7 
mph)).
    GM and Auto Innovators also recommended other options centered on 
performing DBS tests only at certain speeds that NHTSA could adopt to 
reduce the burden of DBS testing. GM noted that China NCAP performs CIB 
tests at lower speeds and DBS tests at higher speeds. The automaker 
suggested that for speeds higher than 40 kph (24.9 mph) the Agency 
could alternate between CIB and DBS testing. Auto Innovators stated 
that DBS testing would be unnecessary in situations where the CIB 
system provides complete avoidance in all tests, noting that the Agency 
could simply assume DBS performance and apply points for both systems 
equally. Auto Innovators also stated that each assessed test speed 
should afford equal weighting for both CIB and DBS, noting it should 
not be the case that one test speed carries twice the weight simply 
because both systems are assessed at that speed, whereas another test 
speed carries less weight because only one of the two systems is 
assessed at that speed. Both GM and Auto Innovators noted, similar to 
HATCI, that NHTSA could conduct CIB tests until the system can no 
longer provide full avoidance and then begin DBS testing for the next 
subsequent higher test speed. If the CIB system was able to provide 
complete avoidance at all test speeds, then the commenters suggested 
that DBS testing could be repeated for only the maximum test speed to 
ensure system functionality. GM also noted that for 2023 Euro NCAP 
removed the DBS tests for LVM and LVD from their assessment and going 
forward it will only perform the DBS test for the LVS scenario. 
Finally, Auto Innovators encouraged the Agency to reduce the number of 
test scenarios and evaluate FCW during DBS testing (i.e., record the 
time of the FCW) to further reduce test burden.
    Like other com

[…truncated; see source link]
Indexed from Federal Register on December 3, 2024.

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.