Proposed Rule2022-20643
Unique Electronic Identification of Commercial Motor Vehicles
Primary source
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Published
September 23, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA requests public comment on whether the agency should amend the Federal Motor Carrier Safety Regulations to require every commercial motor vehicle (CMV) operating in interstate commerce to be equipped with electronic identification (ID) technology capable of wirelessly communicating a unique ID number when queried by a Federal or State motor carrier safety enforcement personnel. In response to a petition for rulemaking from the Commercial Vehicle Safety Alliance (CVSA), FMCSA is considering such amendments to improve the efficiency and effectiveness of the roadside inspection program by more fully enabling enforcement agencies to focus their efforts at high-risk carriers and drivers.
Full Text
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<title>Federal Register, Volume 87 Issue 184 (Friday, September 23, 2022)</title>
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[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Proposed Rules]
[Pages 58049-58053]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20643]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 390
[Docket No. FMCSA-2022-0062]
RIN 2126-AC54
Unique Electronic Identification of Commercial Motor Vehicles
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Advance notice of proposed rulemaking (ANPRM) and request for
comments.
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SUMMARY: FMCSA requests public comment on whether the agency should
amend the Federal Motor Carrier Safety Regulations to require every
commercial motor vehicle (CMV) operating in interstate commerce to be
equipped with electronic identification (ID) technology capable of
wirelessly communicating a unique ID number when queried by a Federal
or State motor carrier safety enforcement personnel. In response to a
petition for rulemaking from the Commercial Vehicle Safety Alliance
(CVSA), FMCSA is considering such amendments to improve the efficiency
and effectiveness of the roadside inspection program by more fully
enabling enforcement agencies to focus their efforts at high-risk
carriers and drivers.
DATES: Comments on this notification must be received on or before
November 22, 2022.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0062 using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/docket/FMCSA-2022-0062/document">https://www.regulations.gov/docket/FMCSA-2022-0062/document</a>. Follow the online
instructions for submitting comments.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations.
<bullet> Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Policy, FMCSA, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001; (202) 366-0676; <a href="/cdn-cgi/l/email-protection#ffb38a949ad1b39086bf9b908bd1989089"><span class="__cf_email__" data-cfemail="f9b58c929cd7b59680b99d968dd79e968f">[email protected]</span></a>. If you
have questions on viewing or submitting material to the docket, call
Dockets Operations at (202) 366-9826.
[[Page 58050]]
SUPPLEMENTARY INFORMATION: FMCSA organizes this ANPRM as follows:
I. Public Participation and Request for Comments
A. Submitting comments
B. Viewing comments and documents
C. Privacy
II. Abbreviations
III. Legal Basis
IV. Executive Order (E.O.) 12866 (Regulatory Planning and Review)
and E.O. 13563 (Improving Regulation and Regulatory Review)
V. Background
VI. Discussion of the ANPRM and Questions
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
ANPRM (FMCSA-2022-0062), indicate the specific section of this document
to which your comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to <a href="https://www.regulations.gov/docket/FMCSA-2022-0062/document">https://www.regulations.gov/docket/FMCSA-2022-0062/document</a>, click on this ANPRM, click
``Comment,'' and type your comment into the text box on the following
screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope. FMCSA will consider all comments
and material received during the comment period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the ANPRM contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
ANPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the ANPRM. Submissions containing CBI should be
sent to Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, Office
of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington DC 20590-0001.
Any comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2062-0062/document">https://www.regulations.gov/docket/FMCSA-2062-0062/document</a> and
choose the document to review. To view comments, click this ANPRM, then
click ``Browse Comments.'' If you do not have access to the internet,
you may view the docket online by visiting Dockets Operations in Room
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
C. Privacy
DOT solicits comments from the public to better inform its
regulatory process, in accordance with 5 U.S.C. 553(c). DOT posts these
comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL 14--Federal Docket Management System), which
can be reviewed at <a href="https://www.govinfo.gov/content/pkg/FR-2008-01-17/pdf/E8-785.pdf">https://www.govinfo.gov/content/pkg/FR-2008-01-17/pdf/E8-785.pdf</a>.
II. Abbreviations
ANPRM Advance Notice of Proposed Rulemaking
CBI Confidential Business Information
CMV Commercial Motor Vehicle
CVSA Commercial Vehicle Safety Alliance
DOT Department of Transportation
E.O. Executive Order
E-screening Electronic Screening
FMCSA Federal Motor Carrier Safety Administration
ID Identification
LPR License Plate Reader
MAP-21 Moving Ahead for Progress in the 21st Century Act
OCR Optical Character Recognition
OMB Office of Management and Budget
U.S.C. United States Code
VIN Vehicle Identification Number
III. Legal Basis for the Rulemaking
This proposed rule is based on the authority of 49 U.S.C. 31502(b)
(originally enacted as part of the Motor Carrier Act of 1935). DOT is
authorized by 49 U.S.C. 31502(b) to ``prescribe requirements for--(1)
qualifications and maximum hours of service of employees of, and safety
of operation and equipment of, a motor carrier; and (2) qualifications
and maximum hours of service of employees of, and standards of
equipment of, a motor private carrier, when needed to promote safety of
operation.''
This proposed rule is also based on the authority granted by 49
U.S.C. 31136(a) (originally enacted as part of the Motor Carrier Safety
Act of 1984 (1984 Act)). DOT has authority under 49 U.S.C. 31136(a) to
regulate drivers, motor carriers, and CMVs. ``At a minimum, the
regulations shall ensure that--(1) commercial motor vehicles are
maintained, equipped, loaded, and operated safely; (2) the
responsibilities imposed on operators of commercial motor vehicles do
not impair their ability to operate the vehicles safely; (3) the
physical condition of operators of commercial motor vehicles is
adequate to enable them to operate the vehicles safely . . . ; and (4)
the operation of commercial motor vehicles does not have a deleterious
effect on the physical condition of the operators'' (49 U.S.C.
31136(a)). In 49 U.S.C. 31136(a)(5) (enacted as part of the Moving
Ahead for Progress in the 21st Century Act (MAP-21) (Pub. L. 112-141,
126 Stat. 405, 818, July 6, 2012)), there is a fifth requirement to
ensure that ``(5) an operator of a commercial motor vehicle is not
coerced by a motor carrier, shipper, receiver, or transportation
intermediary to operate a commercial motor vehicle in violation of a
regulation promulgated under this section, or chapter 51 or chapter 313
of this title.''
In addition, 49 U.S.C. 31133(a) (enacted as part of the 1984 Act)
includes more general authority to ``(8) prescribe recordkeeping . . .
requirements; . . . and (10) perform other acts the Secretary considers
appropriate.''
FMCSA is considering establishing requirements consistent with
these statutory provisions that would enable safety officials to more
efficiently and accurately identify a vehicle's motor carrier
designation (or motor carrier on record) while in operation via
wireless electronic means.
FMCSA is seeking to facilitate more accurate, focused enforcement
to help the Agency meet the mandate of 49
[[Page 58051]]
U.S.C. 31136(a)(1) to ensure that CMVs are ``operated safely.'' A rule
stemming from information gathered as a result of this ANPRM would not
address the requirements of 49 U.S.C. 31136(a)(2) through (4), and
because it would only have indirect and minimal application to drivers
of CMVs, FMCSA believes that coercion of drivers to violate the rule
would not occur (49 U.S.C. 31136(a)(5)).
IV. Executive Order (E.O.) 12866 (Regulatory Plannng and Review) and
E.O. 13563 (Improving Regulation and Regulatory Review)
The Office of Information and Regulatory Affairs within the Office
of Management and Budget (OMB) determined that this ANPRM is not a
significant regulatory action under section 3(f) of E.O. 12866, as
supplemented by E.O. 13563, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order.
Accordingly, OMB has not reviewed it under these orders.
Executive Orders 12866 and 13563 require agencies to provide a
meaningful opportunity for public participation. Accordingly, the
Agency has asked commenters to answer a variety of questions to elicit
practical information about alternative approaches, including the
associated costs and benefits of those approaches, and relevant
scientific, technical, and economic data.
V. Background
FMCSA's primary mission is to reduce crashes, injuries and
fatalities involving large trucks and buses.\1\ There are an estimated
12 million large trucks and buses (also known collectively as CMVs)
registered to operate on America's roadways.\2\ Enforcement of safety
regulations for CMV operations is a major factor in providing safer
roadways.
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\1\ See 49 U.S.C. 113.
\2\ See <a href="https://www.fmcsa.dot.gov/ourroads/about-campaign">https://www.fmcsa.dot.gov/ourroads/about-campaign</a> (last
accessed Mar. 8, 2022).
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Given the consistent growth in the CMV industry, the number of
vehicles to regulate far outpaces enforcement resources. As such, the
use of technology for CMV identification is key to efficient and
productive safety regulatory oversight. Ease of identification of CMVs
allows enforcement personnel to make timely and informed decisions to
support their mission critical operations.
Electronic ID Technologies
Electronic ID technologies provide a means of identifying CMVs
either parked or in motion. Some technologies are also capable of two-
way communication of information. The technologies in use for
identifying CMVs operating in the United States and its Territories
include license plate readers (LPRs), wireless mobile data services,\3\
These technologies are used to assist businesses in tracking their
inventory and operations. In addition, they also assist State and local
agencies in roadside enforcement activities.
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\3\ Report to Congress. ``Safety and Efficiency Effects of
Replacing Transponders with License Plate Readers to Screen Trucks
at Inspection or Weigh Stations.'' Pursuant to House Report 115-750
accompanying House Bill 6072 and the Joint Explanatory Statement
accompanying the Consolidated Appropriations Act, 2019 (Pub. L. 116-
6, 133 Stat. 13, Feb. 15, 2019). <a href="https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-06/Transponder%20Based%20Weigh%20Station%20Technology%20Report%20Enclosure%20FINAL%20June%202020.pdf">https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-06/Transponder%20Based%20Weigh%20Station%20Technology%20Report%20Enclosure%20FINAL%20June%202020.pdf</a> (last accessed June 15, 2022).
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FMCSA currently does not require CMVs to be equipped with a system
capable of transmitting a unique electronic ID (referred to as
electronic ID in remainder of the document) for operation. However,
FMCSA provides grant funding to States for technology projects that
electronically identify a CMV, verify its size, weight, and credentials
information, and review its carrier's past safety performance while the
vehicle is in motion and then communicate safely to the driver to
either pull in or bypass the roadside inspection station. Per Motor
Carrier Safety Assistance Program (MCSAP) policy, vehicles that are:
(1) properly credentialed; (2) operated by a motor carrier with a
history of safe operations; and (3) within weight limits (if the site
is instrumented for weight measurements) are allowed to bypass
inspection facilities (although such vehicles are still subject to
random inspection).\4\ Electronic screening (e-screening) projects are
designed to identify high-risk motor carriers/CMVs for roadside
inspection, and to reduce operating costs for safe and legal motor
carriers.
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\4\ <a href="https://www.fmcsa.dot.gov/mission/grants/motor-carrier-safety-assistance-program-grant-comprehensive-policy">https://www.fmcsa.dot.gov/mission/grants/motor-carrier-safety-assistance-program-grant-comprehensive-policy</a> (last accessed
Apr. 27, 2022).
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LPR systems combine the use of a specialized plate-reader camera
with advanced optical character recognition (OCR) software that can
identify and match license plates with existing registration data. The
readers, which can be mounted on stationary poles and police cruisers,
or are available as handheld devices, also log the time and date of
each scan, the vehicle's GPS coordinates, and pictures of the license
plate and/or vehicle. These types of systems are often used to identify
traffic violations such as speeding and failure to stop at red lights.
State CMV enforcement officers use LPR systems in conjunction with
FMCSA's Safety and Fitness Electronic Records System to further
identify the motor carrier responsible for safety.
Similarly, a USDOT number reader uses a high-resolution image of
the side of a CMV and incorporates OCR software to obtain a machine-
readable DOT number in real time at highway speeds. Although a USDOT
number reader and a LPR serve a limited identification function as
compared to the ID technology under consideration, those devices may
require more resources to identify the motor carrier responsible for
safety, and a LPR or USDOT reader may not always capture the license
plate or USDOT number accurately. These issues may result in compliant
carriers being stopped for roadside inspections and, conversely, non-
compliant or high-risk carriers being excluded from roadside
inspections. Unnecessary inspections on otherwise compliant carriers
leave less time for enforcement personnel to identify and conduct
inspections of higher-risk carriers, and they also diminish the value
of the advance e-screening for compliant carriers. Lack of inspections
on non-compliant higher risk carriers may result in adverse safety
events.
A transponder is a device that acts as both a transmitter and
responder and is used to wirelessly receive and transmit data to
automatically identify and track the object (vehicle) to which the
transponder is affixed. The transponder is then associated with an
account holder for identification purposes. These devices are often
utilized for toll collections.
Section 4126 of SAFETEA-LU (Pub. L. 109-59, 119 Stat. 1144, Aug.
10. 2005) required transponder use as part of Commercial Vehicle
Information Systems and Networks (CVISN) program's Core deployment.\5\
States installed dedicated short-range communication (DSRC) transponder
systems because those were the prevalent technology at the time the
CVISN program was authorized. In 2013, FMCSA issued internal guidance
clarifying that transponders include both DSRC and cellular mobile
radio
[[Page 58052]]
service (CMRS) technology, in recognition that CMRS transponders
accomplish what is needed and may be more widely available and less
costly. With the passage of the FAST Act, and its requirement that the
Secretary ``establish an innovative technology deployment [(ITD)] grant
program to make discretionary grants to eligible States for the
innovative technology deployment of commercial motor vehicle
information systems and networks,'' \6\ FMCSA replaced the CVISN
program with the ITD program. Unlike the SAFETEA-LU provision, the ITD
provision in the FAST Act did not specifically require transponder use.
Accordingly, FMCSA amended its 2016 MCSAP Grant Comprehensive Policy
\7\ for a broader, performance-based approach to accomplishing e-
screening by-pass, while still maintaining consistency with many of the
concepts and definitions (including the broader definition of
transponders) from the CVISN program.
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\5\ The term Core deployment was defined in paragraph (g)(3) to
mean the deployment of systems in a State necessary to provide the
State with certain capabilities, including ``(C) Roadside electronic
screening to electronically screen transponder-equipped commercial
vehicles at a minimum of one fixed or mobile inspection site in the
State and to replicate this screening at other sites in the State.''
\6\ See 49 U.S.C. 31101(l)(3) (added by sec. 5101(a) of the FAST
Act (Pub. L. 114-94, 129 Stat. 1514, 1520-1521, Dec. 4, 2015)).
\7\ <a href="https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Motor%20Carrier%20Safety%20Assistance%20Program%20Grant%20Comprehensive%20Policy%20v3.0%20Final%2006-10-2016.pdf">https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Motor%20Carrier%20Safety%20Assistance%20Program%20Grant%20Comprehensive%20Policy%20v3.0%20Final%2006-10-2016.pdf</a> (last accessed June 15,
2022).
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There are two major transponder-based by-pass providers that cover
a large portion of continental United States and Canada. In addition,
there are a few known State systems that provide this functionality as
well as other products (e.g., LPR and DOT number readers) that use the
performance-based approach to provide the same service without using a
traditional transponder.
Some vehicles are equipped with internet connectivity through
wireless networks. Trucking companies offer wireless connections
through cellular coverage areas by connecting existing wireless devices
to a commercial mobile radio service. Using these services, operators
of vehicles can send and receive electronic messages, order parts, and
find loads.
FMCSA is undertaking an operational test of Level VIII Electronic
Inspections to enhance its current process for monitoring and enforcing
motor carrier and driver safety compliance. This test will provide
insight into several of the issues being considered in this rulemaking.
The electronic inspections being examined as part of the operational
test effort would enable FMCSA to assess on-the-road safety compliance
while a commercial motor vehicle (CMV) is still in motion, minimizing
disruption to the motor carrier and therefore, supply chain, and doing
so in a way that significantly reduces large trucks and bus emissions
across the Nation. This effort would also enable FMCSA to collect more
safety data about more carriers, with the goal of further reducing
injuries and fatalities resulting from large truck and bus crashes.
CVSA Petition for Rulemaking
On July 26, 2010, CVSA submitted a petition for rulemaking
requesting that FMCSA amend Sec. 390.21 to require that every
commercial motor vehicle, as defined in Sec. 390.5, used in interstate
commerce be equipped with an electronic device capable of communicating
a unique ID number when queried by a law enforcement roadside
system.\8\ CVSA contended that implementation of a mandate requiring an
electronic ID would ``facilitate efficiency and efficacy in the
roadside inspection program by more fully enabling roadside enforcement
agencies to target their efforts at high-risk operators, while at the
same time, providing an incentive for safe and legal operations.'' In
the petition, CVSA did not recommend specific technologies or identify
specific systems or solutions; it did, however, provide an extensive
list of minimum suggested functional requirements. CVSA also did not
explain why motor carriers using vehicles equipped with electronic ID
would be more incentivized to engage in safe and legal operations, but
FMCSA assumes the incentive would be not being subject to unnecessary
roadside inspections.
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\8\ The petition for rulemaking and request for reconsideration
submitted by CVSA and the FMCSA denial letter can be found in the
docket for this ANPRM at <a href="https://www.regulations.gov/search?filter=FMCSA-2022-0062">https://www.regulations.gov/search?filter=FMCSA-2022-0062</a>.
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FMCSA denied the petition for rulemaking on May 24, 2013. While
FMCSA agreed that the use of automated systems to positively identify
CMVs via an electronic device placed on each CMV would be both feasible
and supportable given available technologies, the Agency stated it
would be inappropriate to grant the petition because the Agency lacked
information necessary to estimate the costs and benefits of an
electronic ID mandate. FMCSA noted that, before undertaking rulemaking,
it would be prudent to:
(1) Fully explore the costs and safety benefits associated with a
rule to require the use of electronic ID systems on all CMVs;
(2) Explore the currently available technological options; and
(3) Work cooperatively with the Federal Highway Administration,
CVSA, and other interested parties to develop a technically sound,
cost-effective, long-term approach to identifying CMVs at roadside.
On February 20, 2015, CVSA asked FMCSA to reconsider its denial
issued May 24, 2013, and provided information to address the
deficiencies the Agency had identified in the original petition
response. After considering the additional information provided by
CVSA, FMCSA granted the petition for rulemaking on November 2, 2015.
The petition, 2013 denial letter, request for reconsideration, and 2015
grant letter are available in the docket for this rulemaking.
Electronic ID in the CMV Industry -- Studies or Reports
The Joint Explanatory Statement accompanying the Consolidated
Appropriations Act, 2019, (Pub. L. 116-6, 133 Stat. 13, Feb. 15, 2019)
\9\ requested that DOT submit certain reports, including the report
``Safety and Efficiency Effects of Replacing Transponders with License
Plate Readers to Screen Trucks at Inspection or Weigh Stations: Report
to Congress.'' \10\ In the report, FMCSA studied the impact of
replacing existing e-screening transponder systems with LPRs at truck
inspection or weigh stations.
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\9\ FMCSA notes that in the 2017 Consolidated Appropriations Act
(Pub. L. 115-31, 131 Stat. 135, 742, May 5, 2017), FMCSA was
prohibited from using funds made available by that Act or previous
appropriations Acts to pay for costs associated with design,
development, testing, or implementation of a wireless roadside
inspection program until 180 days after the Secretary of
Transportation certifies to the House and Senate Committees on
Appropriations that ``such program does not conflict with existing
non-Federal electronic screening systems, create capabilities
already available, or require additional statutory authority to
incorporate generated inspection data into safety determinations or
databases, and has restrictions to specifically address privacy
concerns of affected motor carriers and operators.'' As a result of
this language, effective May 6, 2017, FMCSA discontinued its
wireless roadside inspection pilot program, and announced it would
not be collecting, monitoring, or reviewing data related to the
wireless roadside inspection pilot program until Congress
appropriates funds for it to do so.
\10\ See <a href="https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-06/Transponder%20Based%20Weigh%20Station%20Technology%20Report%20Enclosure%20FINAL%20June%202020.pdf/">https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-06/Transponder%20Based%20Weigh%20Station%20Technology%20Report%20Enclosure%20FINAL%20June%202020.pdf/</a> (last accessed June 14, 2022).
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The report found that LPR/USDOT number readers and transponders
each improve the ability to electronically identify CMVs while the
vehicle is in motion compared to the manual verification done at
roadside inspection sites. Specifically, LPR/USDOT number readers
identify the majority of the carrier population (at least 80 percent),
including carriers with poor safety records and those enrolled in a
[[Page 58053]]
traditional transponder-based bypass system. Transponder and app-based
(i.e., wireless network-based) systems offer improved identification
accuracy for a limited portion (13 percent) of the carrier population.
Participation in these systems is voluntary for fleets, and
participating fleets must maintain safety standards set by member
States to stay enrolled. The systems use the same algorithm to inform
inspection selection based on safety factors. However, the report found
that regardless of the e-screening system in use at a weigh or
inspection station, inspectors still often rely on visual cues and
other factors (e.g., site layout and capacity) to inform inspection
decisions.
VI. Discussion of ANPRM and Questions
FMCSA is considering a rulemaking to require all CMVs operating in
interstate commerce to have an electronic ID system. FMCSA is therefore
soliciting further information regarding various aspects of electronic
identification including the best possible technical and operational
concepts along with associated costs, benefits, security,
vulnerability, privacy and other relevant deployment and operational
implications. The questions are organized by topic. As noted in the
instructions for submitting comments in Section I.A., above, FMCSA
requests that commenters provide a reason for each suggestion or
recommendation.
1. General
a. Should a device capable of transmitting an electronic ID be
permanently affixed or removable/transferrable to CMVs currently in
operation? Would FMCSA's rule need to specify?
b. What data should be included as part of the electronic ID (e.g.,
carrier name, carrier contact information, vehicle ID number, license
plate number, USDOT number, and gross vehicle weight rating)?
<bullet> Should the information be limited to non-PII information?
If not, why not?
<bullet> Should it include information specific to the driver
(e.g., hours of service, Commercial Driver's License compliance, and
medical certification)?
<bullet> Should it also include information that may vary from trip
to trip (e.g., axle weight, pre-trip inspection date and time, and GPS
coordinates and time when requested)?
<bullet> Depending on how you answer the above questions, should
the electronic ID be transferrable in the event of a CMV sale?
<bullet> Depending on how you answer the above questions, who
should be responsible for providing the data set (see question 1.b.)
associated with the electronic ID for a CMV (i.e., driver, carrier,
third party)?
c. Depending on the scope of the data you believe is necessary in
1.b., how should the data be transmitted and received?
<bullet> Can existing technology (e.g., ELDs) be used to collect
and transmit the electronic ID data and receive a response from
enforcement officials?
<bullet> How far in advance (time, distance) does a state need to
gather the electronic ID information to positively ID a vehicle and
message the vehicle whether further inspection is required?
<bullet> Should FMCSA propose a standard for the method of data
transmission, and, if so, what should it be, or do you believe a
voluntary standard can be developed?
d. Are there reports or studies not already referenced above
available regarding the use of electronic devices to identify CMVs that
FMCSA may find useful in finding a technically sound, cost-effective,
long-term means to identify CMVs at roadside? If so, please provide the
references in your responses.
e. Should the electronic ID be limited only to CMV power units
(e.g., motorcoaches, truck-tractors) or also include trailers?
f. How would an electronic ID apply to rented or leased vehicles
that are operated by different carriers or parties throughout the
course of the year?
g. How would or should an electronic ID be tied to States' CMV
record keeping (e.g., International Registration Plan registration,
Performance and Registration Information Systems Management (PRISM))?
h. Are there privacy, health, or coercion concerns FMCSA should
consider in a future proposal?
2. Functionality
a. Should the electronic ID framework be flexible so that
functionality could be added later, as new safety and other vehicle
technologies emerge?
b. What operational and/or technical processes should be in place
for handling situations where messages or data concerning the
electronic ID do not send or receive correctly?
c. How quickly can malfunctions in any electronic ID system be
located and corrected?
d. What cybersecurity issues (e.g., ``spoofing,'' and interference)
should FMCSA consider in a future electronic ID proposal? Compare and
contrast such concerns with the current electronic ID systems.
e. How could tampering be prevented if some or all data entry or
transfer is performed manually?
3. Populations Affected
a. What is the population of trucks that already have a type of
electronic ID technology (e.g., PrePass, Drivewyze)?
b. What is the percentage of carriers that are not identified
through current electronic screening capabilities? Please provide any
supporting studies or reports.
4. Cost/Benefits
a. What are the current and potential future safety benefits of
electronic IDs?
<bullet> Are there studies or reports that provide data to support
the benefits of electronic IDs?
<bullet> Would implementing an electronic ID requirement lower
crash rates, if so, how?
b. How would requiring an electronic ID impact the overall
effectiveness of State CMV inspection programs?
c. How much time would compliant motor carriers save if an
electronic ID were to be required?
d. What is the cost of adding electronic ID technology by type
(e.g., transponder, wireless, software, etc.)?
e. What is the cost of electronic ID equipment for States,
carriers, and drivers?
f. What is the cost of maintaining/operating electronic ID
equipment (e.g., internet connection, inspection, repair, third party
contracting fees, etc.)?
g. What is the additional administrative burden (time and costs not
already associated with vehicle or carrier registration) for
registering the electronic ID and updating the registration as
necessary to ensure that it is associated with the current motor
carrier responsible for safety?
5. Other
a. Is there any other information associated with electronic IDs
that FMCSA should consider? Please describe.
Issued under the authority of delegation in 49 CFR 1.87.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-20643 Filed 9-22-22; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on September 23, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.