Two things. First off, I suspect that the NHTSA is going to attempt to claim that torque on the steering wheel isn't sufficient and try to get some rule or other passed that it has to be eyeball tracking or nothing. With the eyeball monitoring, Tesla may be trying to get out in front of this notion, in case it comes to pass.
By the by: I think that's nuts. Look at those GM ads and such on TV: The idiots are letting their self-driving cars fly along so they can play patty-cake. What's better - torque on the wheel where one is forced to have a hand on the wheel in case of an emergency in the self driving, or eyeballs-front monitoring, where, if there's an emergency, one has to move one's hands from wherever they are to the steering wheel, then try and steer.
More likely: Tesla's going to require both. Take that, NHTSA!
Second: So, I'm running around with the FSD-b. Believe you me, I'm not recommending this software for the general populace: despite any YouTube videos you all may have seen, this is not the autonomous software people are waiting for. I've had cases where the car has tried to t-bone other cars and, well, there's issues. Fine, such is life in Testing Land. I'm getting really good at hitting that, "Record!" icon on the dash.
But one has to have the camera enabled. And if the car thinks one is not paying attention, it tells one so. Literally.
I've been getting one or two of these, "Pay attention!" thingies per drive.. When, truly, duly, my eyes have been out the window, doing the usual scan. Front, sides, rear view mirror, dash, just like Driver's Ed. Especially when on a ramp with merging, high-speed, crowded traffic around and all. I mean, really, the car doesn't drive itself without major errors all the time, definitely on interstates, but particularly on local roads.
So, I've been chalking the eyeball business to the usual software bug city.. because, honest, I have been driving the car, not looking at silly things inside and all. Or whatever.
Today, over the space of fifteen minutes, I got, like, seven of those warnings; it disabled the auto steer, put up a 1st-of-five strikes against me, and warned me that five strikes would kick me out of the program. Note: I've been driving in the Beta for a little over a month and nothing like this has happened before. And, no, I wasn't playing with the radio or anything. It was out the window eyeballs all the time. With both hands on the wheel most of the time, but the sag on the wheel with one hand some of the time.
Therefore, point: If Tesla is going to shift to eyeballs on FSD, they're going to get a significant percentage of their uses with five-strikes-and-you're-out. Because that eyeball tracker is buggy. No question.
There's a new version of the FSD-b that appears to be in the works. Methinks I'm going to disable the Beta for a day or three to see if it stops warning me about "not paying attention". If it doesn't.. well, you all should be worried.