Discussion draft PAT19A73 1 2 3 S.L.C. SEC. lll. UPDATED AND NEW MOTOR VEHICLE SAFETY STANDARDS FOR AUTOMATED VEHICLES. (a) IN GENERAL.—Subchapter II of chapter 301 of 4 title 49, United States Code, is amended by adding at the 5 end the following: 6 ‘‘§ 30129. Updated and new motor vehicle safety 7 8 9 standards for automated vehicles ‘‘(a) SAFETY PRIORITY PLAN.— ‘‘(1) IN GENERAL.—Not later than 180 days 10 after the date of enactment of this section, the Sec- 11 retary shall make available to the public and submit 12 to the Committee on Commerce, Science, and Trans- 13 portation of the Senate and the Committee on En- 14 ergy and Commerce of the House of Representatives 15 a safety priority plan for highly automated vehicles. 16 ‘‘(2) INCLUSION OF PRIORITIES.—The plan 17 under paragraph (1) shall include a description of 18 the overall priorities of the National Highway Traf- 19 fic Safety Administration during the 10-year period 20 beginning on the date of issuance of the plan, in- 21 cluding motor vehicle safety standards or other regu- 22 lations required— 23 ‘‘(A) to update the motor vehicle safety 24 standards in effect on the date of enactment of Discussion draft PAT19A73 S.L.C. 2 1 this section as necessary to accommodate the 2 development and deployment of highly auto- 3 mated vehicles; 4 5 6 7 ‘‘(B) to achieve compliance with subsection (b); ‘‘(C) to address each safety-related element described in paragraph (4); and 8 ‘‘(D) to complete other safety initiatives of 9 the National Highway Traffic Safety Adminis- 10 tration. 11 ‘‘(3) REQUIREMENTS.—The plan under para- 12 13 14 graph (1) shall include— ‘‘(A) a description of the actions needed to complete each safety mandate and initiative; 15 ‘‘(B) the priority of each such action; and 16 ‘‘(C) relevant milestones, including the an- 17 ticipated start date of an action, the completion 18 date of an action, and the effective date of each 19 safety mandate and initiative. 20 ‘‘(4) SAFETY-RELATED ELEMENTS.—In devel- 21 oping the plan required under paragraph (1), the 22 Secretary shall address each of the following safety- 23 related elements, as necessary to accommodate the 24 safe introduction of highly automated vehicles into 25 interstate commerce: PAT19A73 Discussion draft S.L.C. 3 1 2 ‘‘(A) SYSTEM SAFETY.—The avoidance of unreasonable risks to safety, including— 3 ‘‘(i) safeguards to ensure that sys- 4 tems, including hardware, software, elec- 5 trical, and electronic systems, perform in- 6 tended functions; and 7 ‘‘(ii) the mitigation of unreasonable 8 risks to safety caused by malfunction of an 9 automated driving system, including any 10 component of such a system. 11 ‘‘(B) AUTOMATION FUNCTION.—Elements 12 relating to the function of automation, includ- 13 ing the following: 14 ‘‘(i) The operational design domain in 15 which the highly automated vehicle is capa- 16 ble of safely operating, including— 17 ‘‘(I) the type of roadway, geo- 18 graphical area, speed range, and envi- 19 ronmental and temporal conditions in 20 which the automated driving system is 21 capable of operating; 22 ‘‘(II) any roadway or infrastruc- 23 ture asset required for the operation 24 of the highly automated vehicle or 25 automated driving system, such as PAT19A73 Discussion draft S.L.C. 4 1 roadside equipment, pavement mark- 2 ings, signage, and traffic signals; and 3 ‘‘(III) the means by which the 4 highly automated vehicle or auto- 5 mated driving system will respond if 6 the defined operational design domain 7 unexpectedly changes. 8 ‘‘(ii) The ability of the highly auto- 9 mated vehicle or automated driving system 10 to detect and transition to a minimal-risk 11 condition when a malfunction is encoun- 12 tered, when operating in a degraded state, 13 or when operating outside of the oper- 14 ational design domain, including consider- 15 ation of the potential safety risks associ- 16 ated with a particular fallback strategy, 17 such as whether the strategy requires— 18 ‘‘(I) a human driver; 19 ‘‘(II) an automated system with 20 or without driver controls; or 21 ‘‘(III) manual override capabili- 22 ties. 23 ‘‘(iii) Precrash scenarios, including 24 control loss, crossing-path crashes, lane 25 change, head-on and opposite-direction PAT19A73 Discussion draft S.L.C. 5 1 travel, and rear-end, road departure, and 2 low-speed situations. 3 ‘‘(iv) The performance of the highly 4 automated vehicle through the development 5 and implementation of tests, including sim- 6 ulation, test track, and onroad testing. 7 ‘‘(C) OBJECT 8 RESPONSE.—Elements 9 response, including— AND EVENT DETECTION AND relating to detection and 10 ‘‘(i) object and event detection and re- 11 sponse capabilities of the highly automated 12 driving system, including— 13 ‘‘(I) behavioral competencies; and 14 ‘‘(II) crash avoidance capability; 15 and 16 ‘‘(ii) detection, classification, and re- 17 sponse to any circumstance or condition 18 relevant to the dynamic driving task within 19 the operational design domain, including 20 objects, motorcyclists, bicyclists, pedes- 21 trians, children, individuals with disabil- 22 ities, emergency response personnel, other 23 road users, roadway signs, highway mark- 24 ers, and traffic signals, and animals. Discussion draft PAT19A73 S.L.C. 6 1 ‘‘(D) HUMAN-MACHINE INTERFACE.—Ele- 2 ments relating to human-machine interface, in- 3 cluding— 4 ‘‘(i) methods of informing a human 5 driver or operator regarding whether an 6 automated driving system is functioning 7 properly; 8 ‘‘(ii) for a highly automated vehicle 9 classified as Level 3, the methods to ad- 10 dress driver reengagement, which may in- 11 clude driver engagement monitoring to as- 12 sess driver awareness and readiness to per- 13 form the full driving task; and 14 ‘‘(iii) the use of a human-machine 15 interface by individuals with disabilities 16 through visual, auditory, or haptic dis- 17 plays, or other methods. 18 ‘‘(E) CRASHWORTHINESS.—Practicable 19 protection for all occupants given any planned 20 seating positions or interior configurations and, 21 for an unoccupied highly automated vehicle, 22 consideration of crash compatibility with other 23 motor vehicles and road users. Discussion draft PAT19A73 S.L.C. 7 1 ‘‘(F) CYBERSECURITY.—The minimization 2 of cybersecurity risks to safety, including 3 through— 4 ‘‘(i) the evaluation of elements of the 5 supply chain to identify and address cyber- 6 security vulnerabilities; 7 ‘‘(ii) the exchange of information re- 8 garding any vulnerabilities discovered from 9 field incidents, internal testing, or external 10 security research; and 11 ‘‘(iii) mechanisms for alerting a 12 human driver or operator regarding cyber- 13 security vulnerabilities. 14 ‘‘(G) CAPABILITIES.—Determination of the 15 capabilities and limitations of an automated 16 driving system, including each automated driv- 17 ing system technology and associated functions. 18 ‘‘(H) POST-CRASH BEHAVIOR.—The post- 19 crash behavior of the highly automated vehicle 20 or automated driving system if sensors or crit- 21 ical systems are damaged in a crash. 22 ‘‘(I) APPLICABLE LAWS.—Within the oper- 23 ational design domain, the manner in which the 24 automated driving system is designed to comply 25 with— Discussion draft PAT19A73 S.L.C. 8 1 ‘‘(i) applicable traffic laws; and 2 ‘‘(ii) rules of the road. 3 4 5 6 7 ‘‘(5) PERIODIC UPDATING.—The Secretary shall update the plan under paragraph (1)— ‘‘(A) not less frequently than once every 2 years; or ‘‘(B) more frequently, as the Secretary de- 8 termines to be necessary. 9 ‘‘(6) CHANGE IN PRIORITIES.— 10 ‘‘(A) IN GENERAL.—The Secretary may 11 modify the priorities described in the plan 12 under paragraph (1) at any time to address 13 matters the Secretary considers to be of greater 14 priority. 15 ‘‘(B) ACTION BY SECRETARY.—In any case 16 in which the Secretary determines that the plan 17 under paragraph (1) requires updating, the 18 Secretary shall— 19 20 21 ‘‘(i) prepare an interim update of the plan; and ‘‘(ii) submit the updated plan to— 22 ‘‘(I) the Committee on Com- 23 merce, Science, and Transportation of 24 the Senate; and Discussion draft PAT19A73 S.L.C. 9 1 ‘‘(II) the Committee on Energy 2 and Commerce of the House of Rep- 3 resentatives. 4 ‘‘(b) RULEMAKING.— 5 ‘‘(1) IN GENERAL.—Not later than 1 year after 6 the date of enactment of this section, the Secretary 7 shall initiate a rulemaking to carry out subsection 8 (a). 9 ø‘‘(2) SAFETY ASSURANCE RULEMAKING.—Not 10 later than ø10¿ years after the date of enactment 11 of this section, the Secretary shall promulgate a 12 safety assurance rule øfor manufacturers¿ to objec- 13 tively and transparently assess and validate the safe- 14 ty of the design, construction, and performance of a 15 highly automated vehicle or automated driving sys- 16 tem by issuing motor vehicle safety standards or 17 other regulations, as necessary, to address each safe- 18 ty-related element described in subsection (a)(4).¿ 19 20 ø‘‘(3) EVALUATION OF STANDARD.—The Sec- retary shall—¿ 21 ø‘‘(A) evaluate the standard of United 22 Laboratories entitled ‘Standard for Safety for 23 the Evaluation of Autonomous Products’ and 24 numbered UL 4600; and¿ Discussion draft PAT19A73 S.L.C. 10 1 ø‘‘(B) incorporate elements of that stand- 2 ard into motor vehicle safety standards or other 3 regulations promulgated pursuant to paragraph 4 (2), as the Secretary determines to be nec- 5 essary.¿ 6 ‘‘(4) SAFETY 7 ‘‘(A) IN SELF-ASSESSMENT.— GENERAL.—Not later than 2 years 8 after the date of enactment of this section, the 9 Secretary shall issue a final rule requiring the 10 submission of a safety assessment certification 11 by each manufacturer introducing highly auto- 12 mated vehicles or automated driving systems 13 into interstate commerce until the date on 14 which the rule under paragraph (2) is promul- 15 gated. 16 17 18 19 ‘‘(B) INCLUSIONS.—The rule under subparagraph (A) shall include— ‘‘(i) a specification of each manufacturer required to submit certifications; 20 ‘‘(ii) a clear description of the relevant 21 test results, data, and other contents re- 22 quired to be submitted by each manufac- 23 turer in order to demonstrate that the 24 highly automated vehicles or automated PAT19A73 Discussion draft S.L.C. 11 1 driving systems of the manufacturer are 2 likely— 3 ‘‘(I) to maintain safety; 4 ‘‘(II) to function as intended; and 5 ‘‘(III) to contain fail-safe fea- 6 tures; and 7 ‘‘(iii) a specification of the cir- 8 cumstances under which certifications are 9 required to be updated or resubmitted. 10 ‘‘(C) INTERIM REQUIREMENT.—During the 11 period beginning on the date of enactment of 12 this section and ending on the date on which 13 the final rule issued pursuant to subparagraph 14 (A) takes effect, safety assessment letters shall 15 be submitted to the National Highway Traffic 16 Safety Administration as contemplated by 17 ømost recent relevant guidance¿ or any suc- 18 cessor guidance issued with respect to highly 19 automated vehicles requiring a safety assess- 20 ment letter. 21 ‘‘(D) PERIODIC REVIEW AND UPDATING.— 22 Not later than 5 years after the date on which 23 the final rule is issued under subparagraph (A), 24 and not less frequently than once every 5 years 25 thereafter, the Secretary shall— Discussion draft PAT19A73 S.L.C. 12 1 ‘‘(i) review the rule; and 2 ‘‘(ii) update the rule, as the Secretary 3 determines to be necessary. 4 ‘‘(E) RULES OF CONSTRUCTION.— 5 ‘‘(i) IN GENERAL.—Nothing in this 6 section limits or affects the authority of 7 the Secretary under any other provision of 8 law. 9 10 11 ‘‘(ii) NO CONDITIONS ON DEPLOY- MENT.— ‘‘(I) IN GENERAL.—The Sec- 12 retary may not condition the introduc- 13 tion of highly automated vehicles or 14 automated driving systems into com- 15 merce on a review of a safety assess- 16 ment certification. 17 ‘‘(II) EFFECT.—Nothing in this 18 clause precludes the Secretary from 19 using information contained in a cer- 20 tification under this subsection for 21 any other purpose. 22 ‘‘(iii) NO NEW AUTHORITIES.—Noth- 23 ing in this section provides to the Sec- 24 retary any new authority, except with re- PAT19A73 Discussion draft S.L.C. 13 1 spect to the promulgation of rules pursu- 2 ant to this section. 3 ‘‘(iv) DISCOVERY.—Nothing in this 4 section affects discovery, a subpoena or 5 any other court order, or any other judicial 6 process otherwise in accordance with appli- 7 cable Federal or State law. 8 ø‘‘(5) DRIVER ENGAGEMENT.—Not later than 9 øll¿ years after the date of enactment of this 10 section, the Secretary shall require manufacturers to 11 install systems in partially automated vehicles and 12 highly automated vehicles classified as Level 3—¿ 13 ø‘‘(A) to sense, as applicable—¿ 14 ø‘‘(i) the level of engagement of each 15 driver in a partially automated vehicle; or¿ 16 ø‘‘(ii) the awareness of a driver in a 17 highly automated vehicle classified as Level 18 3; and¿ 19 ø‘‘(B) to alert the driver when that en- 20 gagement or awareness is lacking while the par- 21 tial driving automation or automated driving 22 system is engaged.¿ 23 ø‘‘(6) DATA 24 25 ø‘‘(A) RECORDING.—¿ IN GENERAL.—Not later than øll¿ years after the date of enactment of PAT19A73 Discussion draft S.L.C. 14 1 this section, the Secretary shall update part 2 563 of title 49, Code of Federal Regulations, as 3 the Secretary determines to be necessary to re- 4 vise the data elements to account for partial 5 driving automation and automated driving sys- 6 tems, including the control status of a vehicle 7 during a crash.¿ 8 ø‘‘(B) PRIORITY.—Notwithstanding any 9 other provision of law, the Secretary shall 10 prioritize the update under subparagraph (A) to 11 gather data necessary to promulgate the rule 12 pursuant to paragraph (2).¿ 13 ø‘‘(7) OPERATING SAFEGUARDS.—Not later 14 than øll¿ years after the date of enactment of 15 this section, the Secretary shall issue a motor vehicle 16 safety standard requiring each partially automated 17 vehicle to incorporate system safeguards that limit 18 the use of the partial driving automation to the 19 operational design domain for which the partial driv- 20 ing automation was designed.¿ 21 22 ø‘‘(8) UPDATING ø‘‘(A) IN SAFETY STANDARDS.—¿ GENERAL.—Not later than 3 23 years after the date of enactment of this sec- 24 tion, the Secretary shall finalize regulations to 25 update, as necessary, existing Federal motor ve- Discussion draft PAT19A73 S.L.C. 15 1 hicle safety standards, testing procedures, and 2 methods for determining compliance with safety 3 standards for dedicated highly automated vehi- 4 cles or highly automated vehicles when the 5 automated driving system is performing the en- 6 tirety of the dynamic driving task.¿ ø‘‘(B) CONDITIONS.—In carrying out sub- 7 8 paragraph (A), the Secretary—¿ 9 ø‘‘(i) shall ensure that all require- 10 ments remain objective and practicable; 11 and¿ 12 ø‘‘(ii) shall not modify the purpose or 13 intent of any Federal motor vehicle safety 14 standard.¿ 15 ‘‘(c) REPORT TO CONGRESS.—Not later than 5 years 16 after the date of enactment of this section, the Secretary 17 shall— 18 19 20 21 ‘‘(1) review each safety requirement under subsection (b) to determine whether— ‘‘(A) any additional matter should be addressed; 22 ‘‘(B) any matter should not be addressed 23 because the area is addressed by another appli- 24 cable Federal standard; and Discussion draft PAT19A73 S.L.C. 16 1 ‘‘(C) any rule or standard applicable to the 2 requirement would not improve motor vehicle 3 safety; and 4 ‘‘(2) if the Secretary makes a positive deter- 5 mination under paragraph (1), submit to the Com- 6 mittee on Commerce, Science, and Transportation of 7 the Senate and the Committee on Energy and Com- 8 merce of the House of Representatives a report that 9 includes— 10 11 ‘‘(A) an explanation of why such a rulemaking, as applicable— 12 ‘‘(i) should be completed; or 13 ‘‘(ii) should not be completed; 14 ‘‘(B) a description of any alternative action 15 that will be carried out by the Secretary; and 16 ‘‘(C) recommendations for potential legisla- 17 18 tive changes, if any. ‘‘(d) JUDICIAL REVIEW.—Section 706 of title 5 shall 19 apply to any action carried out under this section. 20 21 ‘‘(e) RULE OF CONSTRUCTION.— ‘‘(1) IN GENERAL.—Each Federal motor vehicle 22 safety standard adopted pursuant to this section 23 shall meet the applicable requirements of section 24 30111. PAT19A73 Discussion draft S.L.C. 17 1 ‘‘(2) EFFECT OF SECTION.—Nothing in this 2 section restricts the authority of the Secretary under 3 section 30111.’’. 4 (b) CONFORMING AMENDMENT.—The analysis for 5 subchapter II of chapter 301 of title 49, United States 6 Code, is amended by adding after the item relating to sec7 tion 30128 the following: ‘‘§ 30129. Updated and new motor vehicle safety standards for automated vehicles.’’.