Not really. Take the Minimal Risk Condition, for instance:
The characteristics of automated achievement of a minimal risk condition at Levels 4 and 5 will vary according to the type and extent of the system failure, the ODD (if any) for the ADS feature in question, and the particular operating conditions when the system failure or ODD exit occurs. It may entail automatically bringing the vehicle to a stop within its current travel path, or it may entail a more extensive maneuver designed to remove the vehicle from an active lane of traffic and/or to automatically return the vehicle to a dispatching facility.
That’s a few “may entail,” not “must entail,” and nothing about when one kind of MRC would be preferable to another. There are plenty of examples, but those aren’t requirements.
Contrast that with the FMVSS. You’re absolutely correct that it doesn’t specify the “how” something is acheived, only what the performance requirements for that something are. Which is why, for instance, we’re not going to get a regulation that requires LiDAR. But, FMVSS gets very specific on performance requirements, for instance on braking there are specific speeds, vehicle weights, distances, pedal forces, etc. But, nothing on brake pad material or shape of the pads, etc.
You’re losing the forest for the tree details. Tesla doesn’t need complete redundancy, it needs just enough to be able to perform a DDT Fallback. I’ve not seen a regulation that defines specific DDT Fallbacks for certain conditions, and the lazy incorporation of J3016, as I showed above, doesn’t fill in those gaps.
Ah, so you want to eat your cake and have it, too:
How much of steering is part of the ADS, if nothing in the suspension is part of the ADS? A failed suspension arm may mean the car can’t move at all due to either no propulsion to the wheel, the wheel completely disconnected from the drivetrain, or the wheel just jammed in the wheel well. In any of these cases, the car won’t be able to perform some DDT Fallbacks, “like pulling off to the side of the road.”
As you said, “There nothing about being completely fault tolerant.” Picking and choosing what is or isn’t in the ADS isn’t part of any regulation.
EDIT: I should add that I agree that HW3 vehicles are unlikely to become L4 capable, as Tesla probably won’t even try. Maybe Tesla will take the time to apply for L3 certification for these vehicles, but that’s probably a lot of time and cost with little financial benefit for the company, so I think it’s unlikely to happen.
And yes, I do agree that Musk has and will continue to make promises that won’t ever be fulfilled.
As Tesla is likely focusing on CyberCab production (supposedly the line is close to completion for first vehicles now), it does seem likely that Tesla will apply for robotaxis using CyberCab first. And I won’t disagree that perhaps Tesla will not apply for L4/robotaxis for existing vehicles, even those being built today. Seeing that Tesla already has some CyberCab prototypes with manual controls is only surprising from the POV of Elon’s statements in Issacson’s biography of Elon, where Musk hammered down on any suggestion of having CyberCab versions with manual controls. My guess there is that once it was subsequently pointed out to him that to get Robotaxi approval meant first having trials with human drivers to take over forces Tesla’s hand.
But, I don’t believe that lack of redundancy is what will prevent today’s HW4 vehicles from being used for driveless robotaxis.