Proposed Rule2023-25519
Federal Motor Vehicle Safety Standards; V2V Communications
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 20, 2023
Issuing agencies
Transportation DepartmentNational Highway Traffic Safety Administration
Abstract
The National Highway Traffic Safety Administration withdraws a previous proposal to create a new Federal Motor Vehicle Safety Standard requiring vehicle-to-vehicle (V2V) communications in new light vehicles. After the advent of new V2V communications protocol, and after a recent Federal Communications Commission (FCC) decision regarding the regulations governing the 5.850-5.895 gigahertz (5.9 GHz) band, the agency has decided to withdraw its V2V proposed rule.
Full Text
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<title>Federal Register, Volume 88 Issue 222 (Monday, November 20, 2023)</title>
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[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Proposed Rules]
[Pages 80685-80686]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25519]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2016-0126]
RIN 2127-AL55
Federal Motor Vehicle Safety Standards; V2V Communications
AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).
ACTION: Withdrawal of proposed rule.
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SUMMARY: The National Highway Traffic Safety Administration withdraws a
previous proposal to create a new Federal Motor Vehicle Safety Standard
requiring vehicle-to-vehicle (V2V) communications in new light
vehicles. After the advent of new V2V communications protocol, and
after a recent Federal Communications Commission (FCC) decision
regarding the regulations governing the 5.850-5.895 gigahertz (5.9 GHz)
band, the agency has decided to withdraw its V2V proposed rule.
DATES: NHTSA is withdrawing the proposed rule published January 12,
2017 (82 FR 3854) as of November 20, 2023.
FOR FURTHER INFORMATION CONTACT: Joshua Fikentscher, Office of Crash
Avoidance Standards, by telephone at 202-366-1688, by email
<a href="/cdn-cgi/l/email-protection#bfd5d0ccd7cade91d9d6d4dad1cbccdcd7dacdffdbd0cb91d8d0c9"><span class="__cf_email__" data-cfemail="066c69756e736728606f6d63687275656e63744662697228616970">[email protected]</span></a> and by fax at 202-493-2990. Rebecca Schade,
Office of the Chief Counsel, by telephone at 202-366-2992, and by email
at <a href="/cdn-cgi/l/email-protection#1d6f787f787e7e7c336e7e757c79785d797269337a726b"><span class="__cf_email__" data-cfemail="0a786f686f69696b247969626b6e6f4a6e657e246d657c">[email protected]</span></a>. Mailing address: National Highway Traffic
Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Background on V2V Technology
Vehicle-to-vehicle (V2V) technology consists of systems that enable
vehicles to broadcast Basic Safety Messages (BSMs) about their speed,
heading, brake status, and other vehicle information using the
radiofrequency spectrum, and to receive the same information from
surrounding vehicles also equipped with the technology. When received
in a timely manner, this information could help vehicle systems
identify potential crash situations with other vehicles and provide
warning messages to their drivers. V2V technology is distinct from
``vehicle-resident'' technologies (e.g., camera and sensor-based
systems) and would operate separately from, or complementarily to,
advanced driver assistance systems. V2V employs signals which can be
received around corners or other physical obstructions and in
suboptimal weather and light conditions, without line-of-sight
limitations that vehicle-resident technologies can face.
Summary of the Notice of Proposed Rulemaking
On January 12, 2017, the agency published a notice of proposed
rulemaking (NPRM) to create a new Federal Motor Vehicle Safety Standard
(FMVSS) for V2V communications, which NHTSA proposed to designate as
FMVSS No. 150.\1\ The NPRM proposed to mandate V2V communication
technology in all new light vehicles based on DSRC radiofrequency
transmissions,\2\ and also proposed a pathway for vehicles to comply
using non-DSRC technology if certain performance and interoperability
standards were met. The NPRM further proposed technical requirements
for the content, security, and handling of V2V messages as well as
system requirements more broadly. While the NPRM proposed to allow
compliance using non-DSRC technologies, all of the technical
requirements (and expectations about the effectiveness of V2V
communications at helping vehicles to prevent crashes) were based on
DSRC, and the proposal would have required non-DSRC technologies to be
interoperable with DSRC.
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\1\ 82 FR 3854.
\2\ DSRC is a short-range wireless technology that would provide
local, nearly instantaneous message transmission with good
reliability, critical characteristics for detecting potential and
imminent crash scenarios.
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The NPRM also discussed the possibility that the 5.9 gigahertz
(GHz) band of radiofrequency spectrum in which DSRC has operated might
be modified and/or opened to unlicensed devices, such as cordless
telephones and outdoor broadband transceivers.\3\ NHTSA sought comment
on what that
[[Page 80686]]
might mean for the effectiveness or viability of V2V systems using DSRC
technology.
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\3\ Detailed in a Public Notice from the FCC: <a href="https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-68A1_Rcd.pdf">https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-68A1_Rcd.pdf</a>.
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Summary of Comments
NHTSA received 492 comments regarding the 2017 NPRM.\4\ More than
100 comments were submitted by organizations including, but not limited
to: automotive manufacturers, suppliers and associations, and wireless
companies and associations. There were also comments from consumer and
trade associations, nonprofits, think tanks, and Federal, State, and
local governments, and more than 350 comments were received from
individual citizens. Most organizations expressed broad support for
mandating V2V technology on all new light vehicles and had various
comments about the technical implementation thereof. Most individual
citizens who commented expressed concerns about cybersecurity, privacy,
and electromagnetic hypersensitivity, though some supported a V2V
mandate for its potential safety benefits.
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\4\ Comments are available in Docket No. NHTSA-2016-0126 at
<a href="http://www.regulations.gov">http://www.regulations.gov</a>.
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Commenters also addressed the FCC proposals to allow sharing of the
5.9 GHz radio frequency band. Approximately 20 automotive organizations
addressed these proposals. The general consensus among commenters was
that the specific V2V mandate proposed in the NPRM would need to be
revisited should there be changes to the regulations governing the use
of the 5.9 GHz band.
New Technologies
Since the release of the NPRM, one potential alternative for DSRC,
LTE \5\ Cellular-V2X, or LTE C-V2X, has emerged and is supported by
some industry stakeholders as an alternative to DSRC. While based on
cellular technology, LTE C-V2X offers device-to-device communications
without the need for a cell tower to schedule and relay messages.
Standards organizations that helped develop 5G cellular technology are
also working on a 5G-based version of C-V2X (5G C-V2X) that will focus
on device-to-device communications with the potential for enhanced
performance over either DSRC or LTE C-V2X, and potentially allow for
further advancements in vehicle platooning, advanced driving, extended
sensors, and remote driving.
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\5\ LTE, Long-Term Evolution, is a predecessor to 3G cellular
technology and a precursor to 4G cellular technology.
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Revisions to the 5.9 GHz Regulations
On November 18, 2020, the FCC issued a final rule which approved a
reallocation of the 5.9 GHz spectrum \6\ that reassigns the lower 45
MHz of the previously reserved spectrum for unlicensed use. It further
requires that 20 MHz of the 30 MHz remaining for transportation use
transition from DSRC to cellular vehicle-to-everything (C-V2X)
technology. Of note, on April 24, 2023, the FCC granted a joint waiver
allowing deployment of C-V2X technology.\7\ The U.S. Department of
Transportation, in cooperation with the NTIA, DoD, NASA and NSF,
conducted a data-driven technical analysis to inform the FCC with the
relevant information to make a determination on the technical
parameters requested in the waiver. The FCC's April 24 action allows
proponents of C-V2X use of the upper 30 MHz of the 5.9 GHz band for
deployment. DOT has ongoing, active research in the area of whether and
how C-V2X could support safety-critical technologies.\8\
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\6\ Detailed in a First Report and Order, Further Notice of
Proposed Rulemaking, and Order of Proposed Modification, document
FCC-CIRC2011-01, which can be found at <a href="https://docs.fcc.gov/public/attachments/DOC-367827A1.pdf">https://docs.fcc.gov/public/attachments/DOC-367827A1.pdf</a>.
\7\ <a href="https://docs.fcc.gov/public/attachments/DA-23-343A1.pdf">https://docs.fcc.gov/public/attachments/DA-23-343A1.pdf</a>.
\8\ See, e.g., <a href="https://www.transportation.gov/content/safety-band">https://www.transportation.gov/content/safety-band</a> (last accessed Aug. 22, 2023).
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Rationale for Withdrawal
NHTSA and the DOT believe that V2V and other vehicle-to-everything
(V2X) technologies hold tremendous promise to improve safety and to
offer innovative services to consumers. The record in response to the
NPRM supports this conclusion.
However, given the advent of new V2V communications protocol, and
the revised regulations governing the 5.9 GHz band, the agency believes
a regulatory action to revise the proposed rulemaking cannot be
reasonably accomplished at this time. For this reason, the agency has
decided to withdraw the V2V rule at this time.
Conclusion
NHTSA does not believe it is reasonable to move forward with the
proposal. Based on its evaluation of the available information, NHTSA
has concluded that significant analysis must be conducted before
determining whether a V2V standard is appropriate, and, if so, what
that standard would encompass. Accordingly, NHTSA withdraws the NPRM.
NHTSA will continue to monitor the development of V2V technology for
possible future vehicle safety applications. The NPRM published in the
Federal Register January 12, 2017, at 82 FR 3854, is withdrawn.
Issued in Washington, DC, under authority delegated in 49 CFR
1.95 and 501.5.
Ann Carlson,
Acting Administrator.
[FR Doc. 2023-25519 Filed 11-17-23; 8:45 am]
BILLING CODE 4910-59-P
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