controls. Assuming that the vehicle conforms to the Phase 1 Guidelines,
pairing would ensure that the visual-manual secondary tasks performed
by the driver while driving meet the time-based, eye-glance task
acceptance criteria specified in the Phase 1 Guidelines that is
intended to mitigate the risk of distracted driving. Pairing would also
ensure that certain activities that would inherently interfere with the
driver's ability to safely control the vehicle would be locked out
while driving (i.e., the ``per se lock outs'' referred to in the Phase
1 Guidelines and the proposed Phase 2 Guidelines).
---------------------------------------------------------------------------

    \76\ http://www.engadget.com/2014/10/02/apple-carplay-comes-to-pioneer-stereos-as-spotify-adds-support/ (last accessed on 10/4/16).
http://www.engadget.com/2014/10/03/hondas-in-car-connect-system-does-android-its-own-way-hands-on/ (last accessed on 10/4/16).
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    Although NHTSA recommends that pairing a portable device with the
in-vehicle interface is the best way to mitigate the distraction
associated with operating a visual-manual portable device interface,
the agency acknowledges that there will be situations when pairing does
not occur, either because the in-vehicle system and/or portable device
does not possess the capability for pairing or because the driver
chooses not to pair with the in-vehicle system. In order to mitigate
the additional distraction associated with the use of an unpaired
portable device, the agency recommends that portable devices include a
Driver Mode that, when activated, will present an interface that
conforms with the Phase 1 Guidelines recommendations for electronic
devices used by the driver while driving. In particular, when a
portable device is in Driver Mode, the device should lock out tasks
that are among the Phase 1 Guidelines per se lock outs or do not meet
Phase 1 task acceptance criteria.
    NHTSA seeks comment on this approach and whether additional per se
lock outs are appropriate for portable and aftermarket devices, whether
paired with the in-vehicle system or in Driver Mode.
    NHTSA acknowledges that some devices, such as standalone portable
navigation devices, are designed for, and exist primarily for use in a
single context (e.g. navigation in a motor vehicle). These devices are
useful because they package both the hardware and a user interface in
one compact portable unit. For such a device designed primarily for use
while driving, pairing the device with the vehicle would not provide
any benefit since its native interface should meet the Driver Mode
recommendations and pairing is not required. For this reason, portable
navigation devices that do not have pairing capability would not be
expected to have a separate Driver Mode. NHTSA requests comments on
whether the assumptions for this recommendation are reasonable and
appropriate.

C. Pairing

1. Pairing Recommendations
    The proposed Phase 2 Guidelines recommend that vehicle
manufacturers and portable device manufacturers should provide the
necessary mechanisms to easily enable pairing

between the portable device and the vehicle/in-vehicle system.\77\ In
order to reduce the potential for distraction associated with pairing
while also encouraging drivers to pair their devices, pairing should be
an easy-to-understand task that allows the driver to set up the
portable device to communicate with the in-vehicle system in the fewest
number of steps possible, even automatically if feasible. If a portable
device and vehicle pair easily, it is less likely that a user will
become discouraged and not attempt to pair a device with a vehicle.
NHTSA encourages all entities involved with the engineering and design
of pairing technologies to jointly develop compatible and efficient
processes that focus on improving the usability of connecting a
portable device with the in-vehicle system. The proposed Guidelines
further recommend that any required visual-manual interactions
necessary to pair the device should be disabled while driving in order
to avoid potential driver distraction. The agency encourages automatic
pairing between the portable device and in-vehicle system during and
after the initial setup.
---------------------------------------------------------------------------

    \77\ For purposes of this discussion, ``in-vehicle system''
includes both OE and aftermarket headunits installed in a motor
vehicle.
---------------------------------------------------------------------------

    In order to ensure that a paired portable device's functions are
operated through the in-vehicle interface, which is intended and
designed specifically for the driving environment, the proposed Phase 2
Guidelines recommend that the visual interface of the portable device
be locked out when the portable device is paired to the in-vehicle
system, with the exception of access to emergency services and
emergency notifications. All non-emergency functions and applications
of the portable device should be operable exclusively through the in-
vehicle system's interface. A paired system with a compelling user
experience and features should discourage the need for the driver to
access or interact with the portable device while driving. NHTSA seeks
comment on displaying and operating all non-emergency paired device
functions through the in-vehicle interface and whether doing so creates
unintended consequences. NHTSA also seeks comment on how best to
accommodate passenger use of a paired portable device.
2. Privacy and Data Sharing for Paired Devices
    The primary purpose of this document is to address driver
distraction and vehicle safety. However, NHTSA acknowledges that the
pairing recommendations may touch on potential privacy concerns
regarding the possibility of data transfer, sharing, and storage
between the vehicle, device, and off-board systems. The proposed
Guidelines do not recommend any particular method of pairing or specify
how automakers and the portable and aftermarket device industries
should address how information is shared and used. The agency
encourages industry to consider how privacy risks can be minimized as
part of the development and improvement of pairing systems.
    Industry groups have begun to address the issue of privacy as the
Alliance of Automobile Manufacturers and Global Automakers published a
set of principles on November 12, 2014.\78\
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    \78\ Alliance of Automobile Manufacturers and Association of
Global Automakers (2014). Consumer Privacy Protection Principles:
Privacy Principles for Vehicle Technologies and Services. Retrieved
from http://www.autoalliance.org/index.cfm?objectid=CC629950-6A96-11E4-866D000C296BA163 (last accessed on 10/4/16).
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    In light of these potential issues, NHTSA seeks comment on how
information is shared between the vehicle, device, and off-board
systems when devices are paired with the vehicle, how the type of
information that is shared may change in the future, how this
information sharing effects privacy, and what role the Guidelines can
and should play in addressing these privacy issues.
3. Cybersecurity for Paired Devices
    Designing portable devices so that they can be paired with motor
vehicles must be accompanied by appropriate cybersecurity measures.
Unless such care is taken, adding another Internet-connected device to
a vehicle's electronics system can introduce additional cybersecurity
vulnerabilities into a vehicle's computer systems.
    Safeguarding the traveling public through a combination of measures
requiring and/or encouraging the incorporation of safety features and
systems in motor vehicles and motor vehicle equipment as well as
measures to protect the performance of those features and systems is
part of NHTSA's core mission. Equally important is identifying motor
vehicles or items of motor vehicle equipment that create an
unreasonable risk of accidents occurring or unreasonable risk of death
or injury occurring in an accident because of deficiencies in design,
construction, or performance and requiring their recall and remedy.
    These Guidelines do not suggest or recommend particular methods for
creating and maintaining an effective level of cybersecurity in motor
vehicles or in portable or aftermarket devices. NHTSA expects that
OEMs, portable device manufacturers, and aftermarket manufacturers to
be proactive and take the steps necessary to protect against present
and future motor vehicle cybersecurity threats. We seek comment on the
continuing steps that must be taken to ensure that pairing does not
adversely affect vehicle cybersecurity.

D. Driver Mode

    Ideally, a Driver Mode would not be necessary since NHTSA believes
those functions related to the driving task should occur when the
device is paired with an in-vehicle system that conforms with the Phase
1 Guidelines. However, our data confirms what everyday observation
indicates: Many drivers routinely use their portable device(s) while
driving. The agency believes that over time as pairing becomes easier,
increased device pairing may help reduce this behavior, but is unlikely
to eliminate it, because not all vehicles will have been designed to
allow pairing and drivers may not choose to pair their devices. The
agency, therefore, believes it is necessary to propose guidelines that
attempt to reduce the risk associated with using an unpaired portable
device while driving. The agency believes that the proposed Driver Mode
outlined below, which suggests that the device's interface follow the
Phase 1 principles to the extent possible, is the best way to minimize
the distraction posed by these devices.
1. Driver Mode Recommendations
    Driver Mode is a simplified interface for unpaired devices that
conforms to the Phase 1 Guidelines when being used by a person who is
driving. When in Driver Mode, the portable device should lock out any
visual-manual secondary tasks that do not meet the Phase 1 Guidelines,
either because they are per se lockouts or because they do not meet the
eye-glance-based task acceptance criteria using a modified version of
the Phase 1 task acceptance testing procedures described in Section V
of the Phase 2 Guidelines.
    The Phase 1 Guidelines specify two different test options for
measuring the impact of performing a task on driving safety and
acceptance criteria for assessing whether a task interferes enough with
driver attention to be unsuitable for performance while driving. Either
test may be run to assess conformance with the guidelines. Both of
these test methods focus on the amount of visual attention necessary to
complete a task because existing research on visual-manual distraction
establishes a link between visual

attention (eyes off the road) and crash risk.
    The first recommended test method measures the amount of time that
the driver's eyes are drawn away from the roadway during the
performance of the task. The proposed Phase 2 Guidelines, like the
Phase 1 Guidelines, recommend that devices be designed so that tasks
can be completed by the driver while driving with glances away from the
roadway of 2 seconds or less and a cumulative time spent glancing away
from the roadway of 12 seconds or less. NHTSA anticipates that
stakeholders (e.g., OS developers, portable device developers, and
application developers) will work together to ensure that applications
and features on portable devices intended for use while driving meet
the Phase 2 Guidelines. NHTSA requests comments on how this industry
process will develop and function.
    The second test method uses a visual occlusion technique, and both
the Phase 1 and proposed Phase 2 Guidelines recommend that, when tested
with this method, devices be designed so that tasks can be completed in
a series of 1.5-second glances with a cumulative time of not more than
12 seconds.\79\ Both of these tests are part of the Phase 1 NHTSA
Guidelines and the Alliance of Automobile Manufacturers (Alliance)
guidelines.
---------------------------------------------------------------------------

    \79\ As explained in detail in the Phase 1 Guidelines notices,
the 1.5-shutter open time periods used in the occlusion method
correspond to 2 second off-road glances.
---------------------------------------------------------------------------

    Detailed discussions of how these thresholds were developed are
contained in the proposed Phase 1 Guidelines notice \80\ and the final
Phase 1 Guidelines notice.\81\ In summary, glances away from the
forward road scene greater than 2 seconds at a time are associated with
an increased risk of a crash or near crash. The total eyes off road
time criterion is based on the principle that a visual-manual secondary
task performed while driving should not exceed that associated with a
baseline reference task (in this case, the manual tuning of a radio).
NHTSA selected radio tuning as the reference task \82\ and determined
that the 85th percentile total eyes off road time (TEORT) associated
with radio tuning is 12 seconds. Recent testing conducted by the agency
to assess the proposed acceptance criteria for both the simulator and
occlusion procedures supports the use of 2-second individual glance
duration criterion and a12-second TEORT criterion (i.e., a ``2/12
Rule'').\83\
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    \80\ 77 FR 11199 (Feb. 24, 2012).
    \81\ 78 FR 24817 (Apr. 26, 2013).
    \82\ The concept of a reference task and the use of radio tuning
originated with the Alliance Guidelines, Driver Focus-Telematics
Working Group, ``Statement of Principles, Criteria and Verification
Procedures on Driver-Interactions with Advanced In-Vehicle
Information and Communication Systems,'' June 26, 2006 version,
Alliance of Automobile Manufacturers, Washington, DC.
    \83\ Ranney, T., Baldwin, S., Smith, L., Martin, J., & Mazzae,
E. (2013). Driver Behavior During Visual-Manual Secondary Task
Performance: Occlusion Method Versus Simulated Driving (DOT HS 811
726). Washington, DC: National Highway Traffic Safety
Administration.
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    NHTSA has tentatively concluded that because the crash risk
associated with distraction caused by vehicle OE interfaces and
portable devices is borne out of similar visual-manual interaction
between the driver and the device, the Phase 2 Guidelines should apply
the Phase 1 Guidelines to the proposed Driver Mode. In other words,
because a driver would be diverting his or her attention away from the
road to an area within reach and view of the driver compartment, a
recommendation for a portable device in Driver Mode should be similar
to that of in-vehicle systems.
    In addition to the recommendations regarding per se lock outs and
the task acceptance criteria, the proposed Phase 2 Guidelines recommend
that when in Driver Mode, portable device interfaces conform to the
following Phase 1 Guidelines recommendations:

 No Obstruction of View
 Easy to See and Reach
 Sound Level
 Single-Handed Operation
 Interruptibility
 Device Response Time
 Disablement
 Distinguish Tasks of Functions not intended for use while
driving
 Device Status

    Due to the differences between integrated OE interfaces and
portable devices, the proposed Phase 2 Guidelines do not include the
Phase 1 recommendations related to maximum downward viewing angle,
lateral position of visual displays, and minimum size of displayed text
information. These recommendations relate to the placement of the
interface or the size of the interface text given that placement.
Because the placement of a portable device in a vehicle is determined
by the owner or driver of the vehicle rather than the device
manufacturer or software designer, the agency has tentatively concluded
that, as it cannot know for certain where, how, or if the device will
be mounted, these recommendations are not appropriate for portable
devices.
    Despite this fact, the agency still believes it is necessary to
propose a repeatable test that would allow the agency to determine what
devices conform with the proposed Driver Mode. Such a test, even if it
does not reflect how all drivers use portable devices in all
circumstances, would, nevertheless, provide the agency with a benchmark
to measure conformance across a wide variety of different devices. The
agency proposes that manufacturers test unpaired portable devices,
including those in Driver Mode, in a location within a vehicle that, to
the greatest extent possible, conforms to the recommendations
enumerated in Phase 1 (i.e. no obstruction of view, easy to see and
reach) and do not result in the portable device interfering with airbag
deployment zones or safe operation of the vehicle controls. The agency
believes that this is a repeatable means to address Driver Mode
conformance, which may be representative of how the device may be
mounted in the vehicle by a driver. The agency acknowledges that some
drivers may not mount their portable device and, instead use it while
holding it in their hand. However, the agency does not believe it is
possible or desirable to create a repeatable test based on in-hand use.
    The agency requests comments on differences between vehicle OE
interfaces and portable devices. Specifically, NHTSA would like to know
what, if any testing methods, stakeholders currently use (or suggest
using) to address the varying placements of a portable device inside an
automobile.
    The Phase 1 Guidelines per se lock outs include activities that are
discouraged by public policy and, in some instances, prohibited by
Federal regulation or State law (e.g., entering or displaying text
messages), and activities identified in industry driver distraction
guidelines that NHTSA agrees are likely to distract drivers
significantly (e.g., automatically scrolling text). The per se lock
outs also address activities that are extremely likely to be
distracting due to their very purpose of attracting visual attention,
but whose obvious potential for distraction cannot be measured using a
task timing system because the activity could continue indefinitely
(e.g., displaying video or certain images). Below is a detailed
description of the per se lock outs taken from the Phase 1 Guidelines:
\84\
---------------------------------------------------------------------------

    \84\ 78 FR 24817 (Apr. 26, 2013), available at https://www.federalregister.gov/articles/2013/04/26/2013-09883/visual-manual-nhtsa-driver-distraction-guidelines-for-in-vehicle-electronic-devices (last accessed on 10/4/16).

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     Device functions and tasks not intended to be used by a
driver while driving.
     Manual Text Entry. Manual text entry by the driver for the
purpose of text-based messaging, other communication, or internet
browsing.
     Displaying Video. Displaying (or permitting the display
of) video including, but not limited to, video-based entertainment and
video-based communications including video phoning and
videoconferencing.
     Exceptions: \85\
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    \85\ Certain exceptions to the video per se lock out are not
listed here because it is unlikely that a portable or aftermarket
device's interface would include that type of functionality (e.g.,
rearview images used to aid the driver performing a maneuver in
which the vehicle's transmission is in reverse gear). However, all
of the display of video per se lock out exceptions listed in the
Phase 1 Guidelines would also be applicable to portable and
aftermarket devices.
---------------------------------------------------------------------------

     Map displays. The visual presentation of dynamic map and/
or location information in a two-dimensional format, with or without
perspective, for the purpose of providing navigational information or
driving directions when requested by the driver (assuming the
presentation of this information conforms to all other recommendations
of these Guidelines). However, the display of informational detail not
critical to navigation, such as photorealistic images, satellite
images, or three-dimensional images is not recommended.
     Displaying Images. Displaying (or permitting the display
of) non-video graphical or photographic images.
     Exceptions:
     Displaying driving-related images including maps (assuming
the presentation of this information conforms to all other
recommendations of these Guidelines). However, the display of map
informational detail not critical to navigation, such as photorealistic
images, satellite images, or three-dimensional images is not
recommended.
     Static graphical and photographic images displayed for the
purpose of aiding a driver to efficiently make a selection in the
context of a non-driving-related task (e.g., music) is acceptable if
the image automatically extinguishes from the display upon completion
of the task. If appropriate, these images may be presented along with
short text descriptions that conform to these Guidelines.
     Internationally standardized symbols and icons, as well as
TrademarkTM and Registered[supreg] symbols, are not
considered static graphical or photographic images.
     Automatically Scrolling Text. The display of scrolling
(either horizontally or vertically) text that is moving at a pace not
controlled by the driver.
     Displaying Text to Be Read. The visual presentation of the
following types of non-driving-related task textual information:

 Books
 Periodical publications (including newspapers, magazines,
articles)
 Web page content
 Social media content
 Text-based advertising and marketing
 Text-based messages (see definition) and correspondence

     Exception:
     The visual presentation of limited amounts of other types
of text during a testable task is acceptable. The maximum amount of
text that should be visually presented during a single testable task is
determined by the eye-glance-based acceptance tests.
    The agency requests comment on the applicability of the Phase 1 per
se lock outs to portable devices. Are additional exceptions needed for
certain portable device tasks? Are there additional portable device
tasks that should be included in the per se lock outs if the device has
a Phase 1 Guidelines-conforming Driver Mode interface?
2. Driver Mode Activation
    The Phase 2 Guidelines' proposed recommendations regarding the
activation of the Driver Mode would differ significantly from the Phase
1 Guideline's recommendations in terms of when OE in-vehicle devices
should lock out certain tasks and meet certain other device
recommendations.
    In particular, the Phase 1 Guidelines recommend that OE in-vehicle
devices should lock out certain tasks from performance by the driver
while ``driving.'' ``Driving'' is defined as whenever a vehicle's means
of propulsion is activated unless the vehicle's transmission is in the
``Park'' position or, for manual transmission vehicles, the vehicle's
transmission is in the ``neutral'' position, the parking brake is
engaged, and the vehicle's speed is less than 5 mph.
    This definition was based on definitions used in various statutes,
regulations, and Executive Orders related to distracted driving,\86\
which defined driving as operating a vehicle on an active roadway with
the motor running, including while temporarily stationary because of
traffic, traffic control devices, etc. The agency was also concerned
that limiting ``driving'' to when a vehicle is traveling above a
certain speed could result in drivers performing distracting tasks at
low speeds, creating an increased risk of a crash at signal- or sign-
controlled intersections and in traffic. Accordingly, by using existing
definitions as a foundation, the agency developed a definition that is
based on information known to, or able to be detected by vehicle
systems: Transmission position, vehicle speed, and the status of the
parking brake.
---------------------------------------------------------------------------

    \86\ 23 U.S.C. 405(e)(9)(A); 49 CFR 392.80, Executive Order
13513, ``Federal Leadership on Reducing Text Messaging While
Driving,'' October 1, 2009; MAP-21 Public Law 112-114, 126 Stat. 405
(July 6, 2012).
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    In analyzing how to apply the Phase 1 Guidelines to portable and
aftermarket devices, the agency has determined activation of Driver
Mode is dependent upon the technologies and features present, as well
as the level of communication between a portable/aftermarket device and
a vehicle. Based on these considerations, the agency has developed two
alternative methods for activating Driver Mode.
    The first option, and the one encouraged by the agency, is
automatic activation, meaning that Driver Mode automatically engages
within a reasonable period of time when the portable device by itself
or in conjunction with the vehicle distinguishes that it is being used
by a driver while driving. If desired, the user would have the ability
to deactivate or opt-out of automatic engagement of Driver Mode. Like
the ``driving'' condition described in the Phase 1 Guidelines, this
definition is based on information (e.g., vehicle speed) that can be
determined by the portable device if it has the appropriate sensors
like GPS to measure the speed of the motor vehicle, or if the
information is transmitted from the vehicle to the portable device. The
Phase 1 definition of driving may be suitable if the automatic
distinction technology can also access speed or transmission state
information directly from the vehicle. Examples of automatic
distinction technologies that had direct connection to the vehicle, and
therefore could have access to vehicle speed or transmission state,
were presented at NHTSA's Phase 2 Public Meeting.\87\ The agency
requests comment on whether the final guidelines should include
specific triggering factors or a specific timeframe for Driver Mode to
automatically

activate, such as the vehicle speed (e.g., a speed that can reasonably
be attributed to a motor vehicle as opposed to non-motorized
transportation) at which an automatic activation would engage, as well
as other potential triggering factors. Additionally, NHTSA requests
comment on the 5 mph speed threshold applicable to the definition of
``driving'' for vehicles without a ``Park'' position (e.g. manual
transmission vehicles).
---------------------------------------------------------------------------

    \87\ Docket No. NHTSA-2013-0137, ``Driver Distraction Guidelines
(Phase 2) for Portable and After-Market Devices Public Meeting
Agenda and Presentations'' ID: NHTSA-2013-0137-0004. Available at
http://www.regulations.gov/#!docketDetail;D=NHTSA-2013-0137 (last
accessed on 10/4/16).
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    The agency recognizes that automatic activation technologies are
still in the process of being refined, and, without the ability to
reliably detect whether the device user is the driver or a passenger,
may be overly annoying to device users. Accordingly, the agency is
proposing a second option, voluntary activation, meaning that the
Driver Mode is activated in a simple manner by the user. In other
words, under this option, Driver Mode is manually activated by the
driver rather than automatically. The agency expects technologies that
support automatic Driver Mode activation to be implemented as soon as
practicable. In order to provide flexibility, NHTSA has not included
any additional specific recommendations on how activation of Driver
Mode should be designed. The agency requests comment on whether
additional specification should be included in the final guidelines.
    Recognizing that some drivers may choose not to activate Driver
Mode, and accordingly, not reduce the distraction potential of the
portable device, the agency foresees driver-initiated activation being
a temporary option in the Phase 2 Guidelines until driver-passenger
distinction technology is more developed and widely available. The
agency expects such technology to be implemented as soon as
practicable. The agency recognizes the inherent limitations of a
driver-activated Driver Mode and seeks comment on alternative
approaches to Driver Mode activation as a temporary option until
driver-passenger distinction technology is implemented.

E. Aftermarket Devices

    The US DOT's Blueprint for ending Distracted Driving specified that
aftermarket electronic devices would be addressed in NHTSA's Phase 2
Guidelines. In line with the Blueprint, the Phase 2 Guidelines propose
to make recommendations for aftermarket devices. Tentatively, the
agency concludes that recommendations applicable to OE manufacturers in
the Phase 1 Guidelines shall be recommendations to aftermarket
electronic device manufacturers.
    Aftermarket devices include communication, entertainment, or
navigation devices that are designed to be or would be reasonably
expected to be installed or integrated after the vehicle is
manufactured, are often incorporated into existing OE slots in the
dashboard or are permanently affixed to the top surface of the
dashboard. Examples of aftermarket devices include in-dash car stereos/
receivers and in-dash navigation devices. While aftermarket devices are
addressed in the same guideline document as portable devices, there are
notable differences between portable and aftermarket devices. As
aftermarket devices are typically hardwired into a vehicle, they are
not likely to be moved in and out of a vehicle like portable devices.
Additionally, because there is a physical link between an aftermarket
device and the vehicle, there is no need for any pairing
recommendation, as the vehicle and aftermarket device are linked by
virtue of installation.
    With regard to placement within the vehicle, the installation
location of an aftermarket device is likely to be either on the
dashboard or in a vacated spot in the dash previously occupied by an OE
interface. NHTSA has tentatively concluded that because the crash risk
associated with distraction caused by OE interfaces and aftermarket
devices is borne out of similar visual-manual interaction from the same
location in a vehicle, the Phase 2 Guidelines should apply the Phase 1
guidelines to aftermarket devices. In many cases, aftermarket devices
serve as replacement devices for vehicle OE systems, replacing the
function of OE units while occupying the same location within a
vehicle. NHTSA is seeking comment on this approach.

IV. Expected Effects of the Phase 2 Guidelines

    NHTSA's overall expectation for the Phase 2 Distraction Guidelines
is to provide a safety framework for developers of portable and
aftermarket electronic devices and applications to use when developing
their systems that will reduce driver distraction through two specific
technological means. First, NHTSA envisions easy pairing solutions for
users of portable devices in their vehicles that will result in
accelerated growth and acceptance of pairing, leading to pairing
implementations throughout entire vehicle lineups and trim levels.
Pairing solutions should become seamless, thereby fostering highly
efficient interactions between the drivers, portable devices, and in-
vehicle electronics systems. Second, NHTSA expects these guidelines
will encourage the further growth and innovation of automatic driver
distinction technologies that will enable more practical and pervasive
Driver Mode implementations for portable devices in unpaired scenarios.
The development of automatic driver distinction technologies and
consequently Driver Mode interfaces should result in reduced
distraction when used by drivers while driving. Again, the agency's
goal is that information available to the driver inside the vehicle
will not cause an unsafe level of distraction to the driver (either by
functions being locked out or conforming to the applicable Phase 1
Guidelines' 2/12 performance criteria).
    In addition, NHTSA expects that through these guidelines,
automotive OEMs, application developers, portable and aftermarket
device manufacturers, operating system providers, wireless carriers,
and all involved stakeholders will jointly work together with the
primary goal of reducing fatalities, injuries, and crashes attributable
to the use of portable and aftermarket devices by drivers. NHTSA
expects that the proposed guidelines will serve as a framework for
stakeholders to continue developing a variety of technologies and
designs that reduce visual-manual distraction while driving.
Ultimately, these proposed Guidelines will raise awareness of driver
distraction and elevate vehicle safety to a top priority within the
product development processes for these wide-ranging organizations.

A. Estimated Time for Conformance

    NHTSA wants to make it absolutely clear that since its Driver
Distraction Guidelines are voluntary and non-binding, they do not have
a ``lead time'' in the same way that a FMVSS or other regulation has a
lead time. Portable and aftermarket device manufacturers, application
developers, and vehicle manufacturers are not required to meet the
NHTSA Guidelines.
    NHTSA stated that it anticipated vehicle manufacturers would
incorporate Phase 1 conformance into their normally scheduled
production cycles, and therefore NHTSA anticipates seeing production
vehicles that conform to Phase 1 Guidelines no sooner than three years
from the publication of Phase 1. NHTSA recognizes that the production
cycles for portable devices are dramatically shorter than for vehicles;
therefore NHTSA seeks comment on reasonable conformance testing timing
for Phase 2. We believe 16 months is appropriate given the speed at
which technology changes and the time needed to benchmark product
against

the final guidelines. We understand that a portable device's ability to
pair with a vehicle inherently requires some coordination with vehicle
OEMs. We request comment on the appropriateness of this timeframe.
    The agency also notes that the Guidelines are just one of many
efforts by both government and industry to address the distracted
driving problem. The NHTSA Distraction Plan \88\ describes the Agency's
comprehensive approach to the distraction problem. NHTSA has approached
the driver distraction problem from multiple fronts, from a better
understanding of the issue of distraction by improving the quality of
data on the incidence, prevalence, and crash risk from distraction, to
public service messages (e.g., ``One text or call could wreck it
all''), to working with states on enforcement programs and improving
laws, to producing the Distraction Guidelines. Industry has also worked
hard to promote anti-driver-distraction awareness and message
campaigns, as well as working toward guidance and tools for less
distracting devices and built-in user interfaces. NHTSA's Guidelines
are an important complementary effort against driver distraction.
---------------------------------------------------------------------------

    \88\ NHTSA. (2010). Overview of the National Highway Traffic
Safety Administration's Driver Distraction Program, (DOT HS 811
299). Available at http://www.nhtsa.gov/staticfiles/nti/distracted_driving/pdf/811299.pdf (last accessed on 10/4/16).
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B. NHTSA Monitoring of Portable and Aftermarket Device Conformance With
the Guidelines

    NHTSA's Office of Vehicle Safety Research intends to perform future
monitoring to assess conformance to our Driver Distraction Guidelines.
Whereas the details of this monitoring have yet to be determined, we
plan to test actual production vehicles, and production portable and
aftermarket devices. Vehicles, portable and aftermarket devices, and
applications will be selected for such monitoring so that they
represent a representative portion of makes and models available for
public consumption. NHTSA envisions that these test results would be
made available to the public.

V. Authority To Issue the Phase 2 Guidelines

    The agency's authority to issue the voluntary, non-binding \89\
Phase 2 Guidelines is clear under both the Highway Safety Act and the
Vehicle Safety Act.\90\ NHTSA's statutory mandate is to reduce traffic
accidents and deaths and injuries resulting from traffic accidents.\91\
To carry out this mandate, NHTSA is authorized to conduct and act on
both behavioral safety and vehicle safety research. Congress directed
the Secretary of Transportation, through amendments to the Highway
Safety Act, to assist and cooperate with private industry (among
others) to increase highway safety.\92\ Additionally, the Vehicle
Safety Act states NHTSA ``shall conduct research, development, and
testing on any area or aspect of motor vehicle safety necessary to
carry out this chapter.'' \93\ More specifically, NHTSA ``shall . . .
conduct motor vehicle safety research, development, and testing
programs and activities, including activities related to new and
emerging technologies that impact or may impact motor vehicle safety.''
\94\
---------------------------------------------------------------------------

    \89\ See Fixing America's Surface Transportation Act, Public Law
114-94, 24406 (2015) (``No guidelines issued by the Secretary with
respect to motor vehicle safety shall confer any rights on any
person, State, or locality, nor shall operate to bind the Secretary
or any person to the approach recommended in such guidelines'').
    \90\ We note that questions have been raised by, among others,
CTA and CTIA concerning NHTSA's authority to regulate portable
devices and applications. Although not at issue in these voluntary
guidelines, the agency points out that it has such authority to the
extent these technologies function as ``motor vehicle equipment'' as
defined by the Vehicle Safety Act. That said, NHTSA does not have
any current plans to develop such regulations and, as we explain
throughout, the guidelines proposed today are not regulations, but
are rather voluntary and non-binding.
    \91\ 49 U.S.C. 30101 (``The purpose of this chapter is to reduce
traffic accidents and deaths and injuries resulting from traffic
accidents. Therefore it is necessary--(1) to prescribe motor vehicle
safety standards for motor vehicles and motor vehicle equipment in
interstate commerce; and (2) to carry out needed safety research and
development.''). Delegated to NHTSA at 49 CFR 1.95.
    \92\ 23 U.S.C. 401. Delegated to NHTSA at 49 CFR 1.95.
    \93\ 49 U.S.C. 30181. Delegated to NHTSA at 49 CFR 1.95.
    \94\ 49 U.S.C. 30182 (``Powers and duties''). Sections 30181-
30182 were added to the Safety Act by the Moving Ahead for Progress
in the 21st Century Act (MAP-21), Public Law 112-141, 31204 (2012).
Prior to this, the Safety Act provisions authorizing NHTSA's motor
vehicle safety research and development were contained in Sec.
30168. MAP-21 deleted Sec.  30168 as redundant material. See MAP-21
Sec.  31204. Delegated to NHTSA at 49 CFR 1.95.
---------------------------------------------------------------------------

    By issuing these Guidelines, NHTSA seeks to fulfill its duties
under both the Highway Safety Act and the Vehicle Safety Act. The
foundation for these Guidelines is the agency research on distraction
caused by portable and aftermarket devices, and our evaluation of
research from other experts. The agency believes that today's
guidelines are an effective way of expressing NHTSA's research
conclusions. Encapsulating and publishing research results in the form
of recommendations, best practices, or guidelines is not novel for this
agency.\95\ Further, these Guidelines are a way for NHTSA to provide
private industry with assistance on practical ways of applying the
existing research to their portable application/device designs so as to
encourage their customers to use these devices and applications
appropriately when in the motor vehicle. Moreover, by releasing these
guidelines for public comment, we are cooperating with private industry
and other members of the public toward increasing highway safety in
this important area.
---------------------------------------------------------------------------

    \95\ See, e.g., Effectiveness and Acceptance of Enhanced Seat
Belt Reminder Systems: Characteristics of Optimal Reminder Systems
Final Report, DOT HS 811 097, Sec.  5.4 (``Recommended System
Characteristics'') (2009).
---------------------------------------------------------------------------

    Additionally, we note that in recently enacting the Fixing
America's Surface Transportation Act,\96\ Congress included a provision
regarding the agency's ability to issue non-binding guidance. While the
provision provides that ``[n]othing in the subsection shall be
construed to confer any authority upon or negate any authority of the
Secretary to issue guidelines under this chapter,'' we note that the
only such guidelines that the agency has issued or announced plans to
issue in recent years are those relating to distraction.
---------------------------------------------------------------------------

    \96\ Public Law 114-94, 24406 (2015).
---------------------------------------------------------------------------

    As NHTSA has stated in various agency documents, the guidelines for
portable devices are a crucial part of a comprehensive, multi-pronged
effort to address driver distraction. Taking a comprehensive approach
that addresses behavioral, technological, and environmental risk
factors is standard practice in the injury prevention field.\97\ While
the states' achievements in addressing the behavioral aspects of
distracted driving are commendable, we believe more needs to be done to
address the other two types of risk factors. As we mentioned earlier,
the 2014 statistics show that, taking account of all different types of
distractions, a substantial portion (10%) of all fatal crashes still
involves at least one distracted driver. Further, a substantial portion
of distraction-affected fatal crashes (13%) involve cell phone use.
NHTSA estimates that 404 lives were lost in cell phone-involved fatal
crashes in that year. This represents 1.2 percent of traffic fatalities
for that year.
---------------------------------------------------------------------------

    \97\ The interrelationship of the elements of this practice is
graphically depicted in the well-known analytical and planning tool
known as the Haddon Matrix.
---------------------------------------------------------------------------

    Accordingly, we believe that private industry could effectively
complement the state efforts by addressing the technological risk
factors related to portable application/device use and

driving. Furthermore, the relationship between portable devices/
applications and driver distraction makes it incumbent upon the US DOT
to utilize NHTSA's safety expertise to assist private industry in
understanding and addressing issues related to the effects of portable
application/device design on driver behavior. The contribution of these
devices to driver distraction is an important and growing motor vehicle
safety challenge. However, manufacturers of these products generally do
not have motor vehicle safety expertise, or do not design their
products with full knowledge of the potential effects on driving,
especially those devices designed for general use, rather than
specifically for use while driving. In developing these guidelines in
consultation with industry and the public, NHTSA is using its expertise
regarding the variety of factors \98\ that adversely affect driver
performance to assist private industry in improving portable devices/
applications in ways that increase highway safety by making it easier
for the driver to avoid engaging in distracting behaviors.
---------------------------------------------------------------------------

    \98\ In addition to distraction, these factors include problems
like fatigue, sleepiness, and intoxication.
---------------------------------------------------------------------------

VI. Public Participation

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
    Your comments should not be more than 15 pages long. (See 49 CFR
553.21.) We established this limit to encourage you to write your
primary comments in a concise fashion. However, you may attach
necessary additional documents to your comments. There is no limit on
the length of the attachments.
    Comments may be submitted to the docket electronically by logging
onto the Docket Management System Web site at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    You may also submit two copies of your comments, including the
attachments, to Docket Management at the address given above under
ADDRESSES.
    Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information quality standards set forth in the Office of Management
and Budget (OMB) and US DOT Data Quality Act guidelines. Accordingly,
we encourage you to consult the guidelines in preparing your comments.
OMB's guidelines may be accessed at http://www.whitehouse.gov/omb/fedreg/reproducible.html. The US DOT's guidelines may be accessed at
https://www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/subject_areas/statistical_policy_and_research/data_quality_guidelines/html/guidelines.html.

How can I be sure that my comments were received?

    If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.

How do I submit confidential business information?

    If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. In addition, you should
submit two copies, from which you have deleted the claimed confidential
business information, to Docket Management at the address given above
under ADDRESSES. When you send a comment containing information claimed
to be confidential business information, you should include a cover
letter setting forth the information specified in our confidential
business information regulation. (49 CFR part 512.)

Will the agency consider late comments?

    We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date. If a comment
is received too late for us to consider in developing the final
guidelines, we will consider that comment as an informal suggestion for
future guidelines.

How can I read the comments submitted by other people?

    You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above in the same location. You may also see the comments on
the Internet. To read the comments on the Internet, go to http://www.regulations.gov. Follow the online instructions for accessing the
docket.
    Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.

VII. National Technology Transfer and Advancement Act of 1995 (NTTAA)

    Under the National Technology Transfer and Advancement Act of 1995
(NTTAA) (Pub. L. 104-113), all Federal agencies and departments must
use technical standards that are developed or adopted by voluntary
consensus standards bodies, using such technical standards as a means
to carry out policy objectives or activities determined by the agencies
and departments, except when use of such a voluntary consensus standard
would be inconsistent with the law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies, such as SAE International (SAE). The NTTAA directs
agencies to provide Congress, through OMB, explanations when the agency
decides not to use available and applicable voluntary consensus
standards.
    As part of the Phase 1 Guidelines, NHTSA identified a number of
voluntary consensus standards related to distracted driving. After
careful consideration, the agency incorporated several of these
standards into the test methods in the Phase 1 Guidelines: ISO
International Standard 15008:2003, ``Road vehicles--Ergonomic aspects
of transport information and control systems--Specifications and
compliance procedures for in-vehicle visual presentation''; ISO
International Standard 16673:2007(E), ``Road Vehicles--Ergonomic
Aspects of Transport Information and Control Systems--Occlusion Method
to Assess Visual Demand due to the use of In-Vehicle Systems''; and
multiple versions of SAE Recommended Practice J941, ``Motor Vehicle
Drivers' Eye Locations,'' including SAE J941 (June 1992), SAE J941
(June 1997), SAE J941 (September 2002), SAE J941 (October 2008), and
SAE J941 (March 2010). Because the proposed Phase 2 Guidelines involve
the use of the Phase 1 Guidelines test procedure, with several
modifications, as described in

detail above, these standards are, by extension, included by reference
in the Phase 2 Guidelines.
    The agency requests comment on any other voluntary consensus
standards appropriate for use in these Guidelines.

Visual-Manual NHTSA Driver Distraction Guidelines for Portable and
Aftermarket Devices (Phase 2 Guidelines)

I. Purpose

    The purpose of the NHTSA driver distraction guidelines is to reduce
the number of motor vehicle crashes and the resulting deaths and
injuries that occur due to a driver being distracted from the primary
driving task while performing secondary activities with a portable or
aftermarket device within the vehicle.
    Phase 2 extends and tailors the recommendations specified in the
Phase 1 Visual-Manual NHTSA Driver Distraction Guidelines for In-
Vehicle Electronic Devices (henceforth referred to as ``Phase 1
Guidelines'') to cover portable and aftermarket devices. These
Guidelines are presented as an aid to vehicle manufacturers, portable
and aftermarket device manufacturers, developers, carriers, and
application developers in designing products that discourage unsafe
driver distraction resulting from use of the devices. Adherence to
these guidelines is voluntary and conformance with them is not
required.

A. Driver Responsibilities

    These Guidelines are meant to reduce the potential distraction
associated with portable and aftermarket device interfaces. A portable
or aftermarket device's conformance with these Guidelines does not mean
that the device is safe to use while driving. It remains the driver's
responsibility to ensure the safe operation of the vehicle under all
operating conditions and to comply with all traffic laws, including
those that ban texting and/or the use of hand-held devices while
driving.

II. Scope

A. Devices and Interfaces

    1. General Device and Interface Applicability. These Guidelines are
applicable to the visual-manual portions of a portable or aftermarket
device's human-machine interface. These Guidelines are applicable to
device interfaces regardless of the class or size of the vehicles in
which the portable or aftermarket devices may be used.
    2. Exclusions.
    These Guidelines are not applicable to:
    a. The auditory-vocal portions of a portable or aftermarket
device's human-machine interface.
    b. A device manufactured primarily for use in one of the following:

1. Ambulances
2. Firefighting vehicles
3. Military vehicles
4. Vehicles manufactured for use by the United States Government or a
State or local government for law enforcement, or
5. Vehicles manufactured for other emergency uses as prescribed by
regulation by the Secretary of Transportation.

    c. A device or device function, control, and/or display specified
by Federal, State, or local law or regulation.

B. Tasks

    1. General Task Applicability. These Guidelines are applicable to
the same types of tasks covered by the Phase 1 Guidelines, including
all non-driving-related tasks and some driving-related tasks. Table 1
contains a non-exhaustive list of the types of non-driving-related
tasks to which these Guidelines are applicable.

  Table 1--Non-Driving-Related Tasks/Devices To Which These Guidelines
                                  Apply
------------------------------------------------------------------------
        Type of task                          Task/device
------------------------------------------------------------------------
Communications..............  Caller Identification, Incoming Call
                               Management, Initiating and Terminating
                               Phone Calls, Conference Phoning, Two-Way
                               Radio Communications, Paging, Address
                               Book, Reminders, Text-Based
                               Communications, Social Media Messaging or
                               Posting.
Entertainment...............  Radio (including but not limited to AM,
                               FM, Internet, and Satellite), Pre-
                               recorded Music Players, All Formats,
                               Television, Video Displays, Advertising,
                               Internet Browsing, News, Directory
                               Services.
Information.................  Display and other information settings and
                               preferences.
------------------------------------------------------------------------

    These Guidelines are also applicable to driving-related tasks that
are neither related to the safe operation and control of the vehicle
nor involve the use of a system required by law. Examples of driving-
related tasks to which these Guidelines are applicable include:

1. Driver Information functions
2. Route navigation functions.

    2. Exclusions. These Guidelines are not applicable to the driving-
related tasks that are performed by the driver as part of the safe
operation and control of the vehicle, including any task relating to
the proper use of a driver safety warning system (e.g., lane departure
warning and forward collision warning systems). These include
applications for portable and aftermarket devices that assist the
driver in the mitigation and avoidance of crashes.

III. Definitions

A. Definitions From the Phase 1 Guidelines

    The following terms are defined in the Phase 1 Guidelines, and have
the same meaning in these Guidelines:
    1. Device means all components that a driver uses to perform
secondary tasks (i.e., tasks other than the primary task of safe
operation and control of the vehicle); whether stand-alone or
integrated into another device.
    2. Distraction means the diversion of a driver's attention from
activities critical for safe operation and control of a vehicle to a
competing activity.
    3. Driving means whenever the vehicle's means of propulsion (engine
and/or motor) is activated unless one of the following conditions is
met:
    a. For a vehicle equipped with a transmission with a ``Park''
position--The vehicle's transmission is in the ``Park'' position.
    b. For a vehicle equipped with a transmission without a ``Park''
position--All three of the following conditions are met:
    i. The vehicle's parking brake is engaged, and
    ii. The vehicle's transmission is known (via direct measurement
with a sensor) or inferred (by calculating that the rotational speed of
the engine divided by the rotational speed of the driven wheels does
not equal, allowing for production and measurement tolerances, one of
the overall gear ratios of the transmission/vehicle) to be in the
neutral position, and
    iii. The vehicle's speed is less than 5 mph.
    4. Function means an individual purpose which the device is
designed to fulfill. A device may have one or more functions.

    5. Interaction means an input by a driver to a device, either at
the driver's initiative or as a response to displayed information.
Interactions include control inputs and data inputs (information that a
driver sends or receives from the device that is not intended to
control the device). Depending on the type of task and the goal,
interactions may be elementary or more complex. For the visual-manual
interfaces covered by this version of these Guidelines, interactions
are restricted to physical (manual or visual) actions.
    6. Lock Out means the disabling of one or more functions or
features of a device so that the related task cannot be performed by
the driver while driving.
    7. Manual Text Entry means manually inputting individual
alphanumeric characters into an electronic device. For the purposes of
these Guidelines, digit-based phone dialing is not considered manual
text entry.

B. Additional Definitions

    1. Aftermarket Device means a Device that is designed to be or can
reasonably be expected to be installed or integrated into a vehicle
after the vehicle is manufactured, is electrically powered, and has one
or more of the following capabilities:
    a. Allows user interaction;
    b. Enters, sends, and/or receives information;
    c. Enables communication with other people, devices, or machines;
    d. Displays information in a visual and/or auditory manner; or
    e. Displays graphical images, photographic images, and/or video.
    2. Application, or App, means a specialized software program that
is installed on an OEM, portable or aftermarket device.
    3. Driver Mode means a simplified user interface for an unpaired
portable device that is designed for operation by a driver while
driving.
    4. Driver safety warning system means a system or application that
is intended to assist the driver in the avoidance or mitigation of
crashes.
    5. Human-Machine Interface (HMI) means the input and output
mechanisms that mediate the interactivity between an electronic system
and human operator. User Interface (UI) is another commonly used term
for HMI.
    6. In-Vehicle System means an OEM or aftermarket system that is
permanently installed.
    7. PAD means a portable or aftermarket device.
    8. Paired means integrated, connected, or coupled to an in-vehicle
system's visual display, audio system, and/or controls through either
wired or wireless connection methods so that the in-vehicle system has
control over the portable device's prioritization, manipulation, and
the presentation of information that originates from both local and/or
off-board sources.
    9. Portable Device means a device that can reasonably be expected
to be brought into a vehicle on a trip-by-trip basis and to be used by
a driver while driving, that is electrically powered, and that has one
or more of the following capabilities:

a. Allows user interaction
b. Enters, sends, and/or receives information
c. Displays information in a visual and/or auditory manner, or
d. Displays graphical images, photographic images, and/or video

IV. Device Interface Recommendations

A. Overview of Device Interface Recommendations

    Figure 2 below is a flow diagram that summarizes the overall
recommendations for both portable and aftermarket devices. For the
Driver Mode recommendation, the diagram depicts the preferred automatic
activation with the recognition that driver distinction technology is
not currently available in a product-level state. When the distinction
technology matures to an implementable state, NHTSA strongly recommends
that it be applied to managing the interaction of unpaired portable
devices. Manual activation of Driver Mode by the driver, also depicted
in Figure 2, is NHTSA's temporary recommendation until the preferred
automatic activation configuration is available. For the remainder of
this section, the recommendations for aftermarket and portable devices
are presented separately.

[GRAPHIC] [TIFF OMITTED] TN05DE16.003

B. Aftermarket Devices

    Installed aftermarket devices should meet the requirements as
specified for OE interfaces in the Phase 1 Guidelines.

C. Portable Devices Should Be Paired

1. Ease of Pairing
    Vehicle manufacturers and portable device manufacturers should
provide the necessary mechanisms to enable pairing between the portable
device and in-vehicle system. Pairing should be an easy-to-understand
task that allows the driver to set up their portable device with their
in-vehicle system with the fewest number of steps possible.
2. Disablement of Pairing Process
    If the initial or subsequent pairing process between the portable
device and in-vehicle system requires visual-manual interaction by the
driver, the initial process of pairing should be disabled while
driving.
3. Portable Device Interface Lock Outs While Paired
    Portable device control input means should be locked out when the
portable device is paired to the in-vehicle system and Driver mode on
the device is activated. The functions and applications on the portable
device should be operable exclusively through the in-vehicle system's
interface with the exception of accessing emergency services and
messages.
4. Emergency Services, Alerts, and Notifications
    In the event that emergency services are required, access through
the locked out paired portable device interface should be quick and
easily accessible for the driver. Along with access to emergency
services, the receiving of emergency notifications and alerts as text
messages should be allowable for display on the paired portable device
interface. All emergency messaging and alert services should follow the
standard protocol as specified by the Wireless Emergency Alerts (WEA)
system which is managed by the Federal Communications Commission (FCC)
and the Federal Emergency Management Agency (FEMA).

D. Portable Devices Should Incorporate Driver Mode for Unpaired Use

1. Driver Mode
    Portable devices should have a Driver Mode that consists of a
simplified interface that is available to the driver when the device is
unpaired, either because the in-vehicle system and/or portable device
does not possess the capability for pairing or because the driver
chooses not to pair with the in-vehicle system. However, a portable
device designed primarily for use while driving and whose native
interface design conforms to the Phase 1 Guidelines recommendations can
be considered to essentially always be in driver mode and therefore
would not warrant a separate mode for use while driving.
    The Driver Mode interface should conform to the Phase 1 Guidelines
for electronic devices used by the driver while driving. Specifically,
while in Driver Mode, the portable device should adhere to the per se
lock out tasks listed in sections V.F.1 through V.F.6 of the Phase 1
Guidelines.

1. Device functions and tasks not intended to be used by a driver while
driving
2. Manual text entry
3. Displaying video
4. Displaying images
5. Automatically scrolling text
6. Displaying text to be read

    Driver Mode should also lock out any non-driving-related task or
driving-related task that does not conform to one of the task
acceptance methods in Section VI of these Guidelines. The portable
device should also conform to the following subsections of the Phase 1
Guidelines Section V:

A. No Obstruction of View
B. Easy to See and Reach
F. Per Se Lock Outs (listed in previous paragraph)
G. Acceptance Test-Based Lock Out of Tasks
H. Sound Level
I. Single-Handed Operation
J. Interruptibility
K. Device Response Time
L. Disablement
M. Distinguish Tasks or Functions not intended for use while driving
N. Device Status
2. Emergency Services, Alerts, and Notifications
    In the event that emergency services are required, access through
the portable device Driver Mode interface should be quick and easily
accessible for the user. Along with access to emergency services, the
receiving of emergency notifications and alerts as text messages should
be allowable for display on the Driver Mode interface. All emergency
messaging and alert services shall follow the standard protocol as
specified by the WEA system which is managed by the FCC and the FEMA.
3. Driver Mode Activation
    a. Option 1--Automatic Activation. Driver mode automatically
activates within a reasonable period of time when the portable device:
(1) Is not paired with the in-vehicle system, and (2) by itself, or in
conjunction with the vehicle in which it is being used, distinguishes
that it is being used by a driver who is driving. The driver mode does
not activate when the device is being used by a non-driver.
    i. Development of technologies that can distinguish between a
device being used by a driver and a device being used by a passenger
and appropriately alter, limit, or eliminate their visual-manual
interfaces when used by a driver is encouraged. In the case in which
Driver Mode is automatically activated in a moving vehicle, the
technology should be able to distinguish the driver-operated devices
from the passenger-operated devices to a high-degree of accuracy and
reliability; and be executed in a prompt manner relative to the
starting motion of the driver's vehicle.
    b. Option 2--Driver Activation. Driver Mode is activated by the
driver before driving. If this option is used, Driver Mode should be
easily accessible via the portable device's software or hardware user
interface, enabling the driver to engage Driver Mode quickly and with
the fewest number of steps possible.
4. Unpaired Portable Device Location
    A specific location for an unpaired portable device (e.g., mounting
location) is not specified in these guidelines. The test location
described in the Task Acceptance Testing section is for testing
purposes only and not considered a recommendation for device placement.

V. Task Acceptance Testing

    Task acceptance testing for portable devices should use the same
test methods as those described in the Phase 1 Guidelines Section VI.
The specific procedures for Eye Glance Measurement Using Driving
Simulator Testing and Occlusion Testing are incorporated by reference,
as detailed in the following subsections of the Phase 1 Guidelines
Section VI:
    A. Test Participant Recommendations.
    B. Test Participant Training Recommendations.
    C. Driving Simulator Recommendations.
    D. Recommended Driving Simulator Scenario.
    E. Eye Glance Measurement Using Driving Simulator Test Procedure.
    F. Eye Glance Characterization.
    G. Occlusion Testing.
    H. Text Performance Errors During Testing.
    The Acceptance Criteria detailed in the Phase 1 Guidelines for both
the Simulator (Section VI.E.14) and Occlusion (Section VI.G.17) test
methods are also applicable for testing portable devices.

A. Additional Test Procedures for Portable and Aftermarket Devices

    1. Permanently Installed Aftermarket Devices. Devices that are
intended to be permanently installed in the vehicle should be tested in
the location prescribed by the device manufacturer, and according to
the test procedures noted above. Such prescribed installation locations
should conform to the guidelines specified in the following subsections
from Phase 1 Guidelines Section V:
    A. No Obstruction of View.
    B. Easy to See and Reach.
    C. Maximum Display Downward Angle.
    D. Lateral Position of Visual Displays.
    2. Paired Devices: Testing procedures assume the portable device is
already paired to the vehicle system, as defined in Section III.
Because the testing of the paired portable device will use the built-in
display and controls system, the location of the paired portable device
itself is not specified.
    3. Unpaired Devices: Unpaired portable devices should only be
tested in a mounted location using tasks that are accessed through the
Driver Mode interface. NHTSA recognizes that there are substantial
variations in portable device mounting hardware options and vehicle
interior designs that are available to drivers. As such, unpaired
portable devices should be mounted within a vehicle to the greatest
extent possible to the following recommendations:
    a. The mount location should conform to the recommendations
specified in the Phase 1 Guidelines Section V.A through Section V.D
noted above.
    b. The mounting location should not result in the portable device
interfering with airbag deployment zones or safe operation of the
vehicle controls (e.g., steering wheel, gear shifter, etc.).

VI. Driver Distraction Guidelines Interpretation Letters

    NHTSA intends to clarify the meaning of its Driver Distraction
Guidelines in response to questions posed through the issuance of
interpretation letters.

A. Guideline Interpretation Letter Procedure

    1. Guidelines interpretation letters will only be issued in
response to specific written requests for interpretation of the NHTSA
Guidelines.
    2. Requests for Guidelines interpretation letters may be submitted
to the National Highway Traffic Safety Administration. The mailing
address is: Chief Counsel, NCC-200, National Highway Traffic Safety
Administration, 1200 New Jersey Ave. SE., Washington, DC 20590.
    3. Responses will be mailed to requestors, published in the docket,
and posted in a designated area on the NHTSA Web site.

    Issued in Washington, DC, on November 21, 2016 under authority
delegated by 49 CFR 1.95.
Nathaniel Beuse,
Associate Administrator for Vehicle Safety Research.
[FR Doc. 2016-29051 Filed 12-2-16; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: April 5, 2006 (Volume 71, Number 65)]
[Notices]
[Page 17099]
[DOCID:fr05ap06-65]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2002-0281; FRL-7772-1]

Pesticides; NAFTA Guidance Document on Requirements for
Tolerances on Imported Commodities in the U.S. and Canada; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces the availability of the NAFTA Guidance
Document on Requirements for Tolerances on Imported Commodities in the
United States and Canada. It follows up on an April 16, 2003 notice,
which made a proposed version of the document available for a 60-day
public comment period. The document provides detailed guidance on data
requirements that meet NAFTA standards for the establishment of
pesticide import tolerances or maximum residue levels in Canada and the
United States, and has been developed consistently with the goals of
the North American Free Trade Agreement. This guidance document does
not change the U.S. data requirements for obtaining a U.S. import
tolerance. This common approach to the establishment of import
tolerances is expected to promote trade between North America and the
rest of the world and maintain North American high standards for food
safety.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Special Review and
Reregistration Division, (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you sell,
manufacture, or use pesticides for agricultural applications, produce
food, distribute or sell food, or implement governmental pesticide
regulations. Potentially affected entities may include, but are not
limited to:
     Food manufacturers (NAICS 311), e.g., Commercial
processors.
     Pesticide Manufacturers (NAICS 32532), e.g., pesticide
registrants and pesticide producers.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
Docket identification number (ID) [EPA-HQ-OPP-2002-0281; FRL-7772-1].
Publicly available docket materials are available either electronically
at http://www.regulations.gov or in hard copy at the Public Information

and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1801 S. Bell St., Arlington, VA. This Docket Facility is open from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
Docket telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/. The guidance document itself

is available on the NAFTA Technical Working Group in the Pesticides
website at http://www.epa.gov/oppfead1/international/naftatwg/.

II. Background

A. What Action is the Agency Taking?

    This notice announces the availability of the NAFTA Guidance
Document on Data Requirements for Tolerances on Imported Commodities.
It has been developed consistently with the goals of the North American
Free Trade Agreement (NAFTA). A common NAFTA approach to import
tolerances will promote trade between North American and the rest of
the world.

B. What is the Agency's Authority for Taking this Action?

    On June 1, 2000, EPA issued in the Federal Register U.S. guidance
on import tolerances. The NAFTA Guidance Document on Data Requirements
for Tolerances on Imported Commodities in the United States and Canada
is consistent with the earlier guidance.
    EPA regulates pesticides under two major statues: The Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal
Food, Drug, and Cosmetic Act (FFDCA). FIFRA requires that pesticides be
registered (licensed) by EPA before they may be sold or distributed for
use in the United States. Section 408 of the FFDCA authorizes EPA to
establish, modify or maintain tolerances or tolerance exemptions for
pesticide residues in or on food. Any food with pesticide residues not
covered by a tolerance or tolerance exemption (or with residues in
excess of the tolerance) may be subject to regulatory action by the
U.S. government (including seizure). Pesticide tolerances and
exemptions are enforced by individual states and the U.S. Food and Drug
Administration for most foods, and by the U.S. Department of
Agriculture for meat, poultry, and some egg products.
    EPA has an obligation under section 408 of the FFDCA to establish
tolerances for pesticide chemicals at levels that are ``safe.'' EPA
also has an obligation to ensure that the tolerances continue to be
``safe'' over time, since new information may alter EPA's earlier
safety finding under the FFDCA.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 29, 2006.
James Jones,
Director, Office of Pesticide Programs.
[FR Doc. E6-4948 Filed 4-4-06; 8:45 am]

BILLING CODE 6560-50-S