[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Proposed Rules]
[Pages 43888-43889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18594]



  Federal Register / Vol. 68, No. 142 / Thursday, July 24, 2003 / 
Proposed Rules  

[[Page 43888]]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 945

[FHWA Docket No. FHWA-99-5844]
RIN 2125-AE63


Dedicated Short Range Communications in Intelligent 
Transportation Systems (ITS) Commercial Vehicle Operations

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Withdrawal of proposed rulemaking and closing of public docket.

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SUMMARY: This document withdraws a proposed rulemaking to amend FHWA 
regulations to require the use of the FHWA Specification for 
``Dedicated Short Range Communications (DSRC) for Commercial 
Vehicles.'' The FHWA undertook this rulemaking action to create a 
provisional standard for Intelligent Transportation Systems (ITS) 
commercial vehicle projects using Federal-aid highway funds. The final 
determination on this action was deferred until testing of the 
provisional standard was completed. This test program is still 
underway. However, the FHWA is withdrawing this NPRM action. Any 
further action to address national interoperability will be the subject 
of a separate rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. William S. Jones, ITS Joint 
Program Office (JPO), (202) 366-2128, e-mail address: 
[email protected]; or Mr. Wilbert Baccus, Office of the 
Chief Counsel, (HCC-40), (202) 366-0780, e-mail address: 
[email protected], Federal Highway Administration, 400 
Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45 
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION: 

Electronic Access

    Internet users may access all comments received by the U.S. DOT 
Docket Facility, Room PL-401, by using the URL: http://dms.dot.gov. It 
is available 24 hours each day, 365 days each year. Please follow the 
instructions online for more information and help.
    An electronic copy of this document may be downloaded using a 
computer, modem and suitable communications software from the 
Government Printing Office's Electronic Bulletin Board Service at (202) 
512-1661. Internet users may reach the Office of the Federal Register's 
home page at: http://www.archives.gov and the Government Printing 
Office's Web site at: http://www.access.gpo.gov.

Background

    A notice of proposed rulemaking (NPRM) published at 64 FR 73674 on 
December 30, 1999, with a supplemental notice of proposed rulemaking 
(SNPRM) published at 65 FR 77534 on December 12, 2000, proposed adding 
a new part to title 23, Code of Federal Regulations. In these actions, 
the FHWA proposed to require the use of FHWA Specification for DSRC for 
Commercial Vehicles as a provisional standard for ITS commercial 
vehicle projects using highway trust funds.
    At the time there were several different technologies that were 
being proposed for use on commercial vehicles for interfacing with the 
Commercial Vehicle Information System Network (CVISN). However, CVISN 
is a national system for all commercial vehicles and it is necessary 
that there be technical uniformity in the devices on vehicles to enable 
a nationally interoperable system.
    To ensure success of the program, the Transportation Equity Act for 
the 21st Century (Pub. L. 105-178, 112 Stat. 107, 1998) (TEA-21) 
required the Secretary of Transportation to issue provisional standards 
when national interoperability was required. This authority was 
delegated to the Federal Highway Administrator. Since the industry 
could not agree on a standard, the FHWA proposed a Provisional Standard 
for use on commercial vehicles.

Comments Received in Response to the NPRM and SNPRM

    The FHWA received 24 comments in response to the NPRM and we 
summarized and discussed these comments in detail in the SNPRM. In 
response to the SNPRM, the FHWA received 4 comments in response to the 
SNPRM.
    The major objections to the original NPRM were voiced by the 
industry that manufactures the DSRC devices, and the private companies 
that are the service providers for States in the implementation of the 
CVISN roadside network. The manufacturers had been unable to agree on a 
common standard and most of the commenters were not in favor of the 
Provisional Standard. The major issue raised by other commenters 
concerned the timing of the NPRM. At the time, no equipment had been 
designed, built, or tested using the Provisional Standard. Many felt it 
was inappropriate to require the use of devices that had not been 
thoroughly tested and proven to work in the CVISN system.
    In response to these concerns, the FHWA issued an SNPRM announcing 
that further consideration of this rulemaking would be postponed until 
the appropriate testing of equipment designed to the Provisional 
Standard could be completed.
    In response to the SNPRM, the FHWA received four comments. Three of 
the comments were from the State of Oregon: The Oregon DOT, the Oregon 
Forest Products Association, and the Oregon Trucking Association. In 
addition, a comment was received from the Kentucky Transportation 
Center of the University of Kentucky.
    The four commenters supported the need for national 
interoperability for CVISN and the FHWA efforts through rulemaking to 
achieve that goal. The commenters noted that since the initial FHWA 
NPRM, all deployments of CVISN systems had used a single technology, 
and this technology had become the de facto standard. In addition, 
these commenters urged the FHWA to act on the remaining barrier to 
national interoperability.
    That barrier involves the policies of the companies that are the 
service providers to many of the States deploying CVISN systems.
    The FHWA is currently in the process of testing devices 
manufactured to the Provisional Standard. When these tests are 
completed successfully, the FHWA will reevaluate the need for 
rulemaking.

Determination

    The FHWA recognizes that a de facto standard has emerged within the 
States deploying CVISN. Further, it is recognized that national 
interoperability is no longer inhibited by the technology, but rather, 
the business practices within the service provider industry. Therefore, 
the FHWA will not pursue the existing rulemaking dealing with technical 
interoperability at this time. Any further action to address national 
interoperability for commercial vehicles would be the subject of a 
separate rulemaking if necessary.

Conclusion

    For the reasons stated above, the FHWA is terminating this proposed 
rulemaking and closing the docket.

    Authority: 23 U.S.C. 315 and 502 note; sec. 6053(b), Pub. L. 
102-240, 105 Stat. 1914, at 2190; sec. 5206(e), Pub. L. 105-178, 112 
Stat. 107, at 457; and 49 CFR 1.48.


[[Page 43889]]


    Issued on: May 12, 2003.
Mary E. Peters,
Federal Highway Administrator.
[FR Doc. 03-18594 Filed 7-23-03; 8:45 am]
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