[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Notices]
[Pages 18470-18471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06683]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2022-0029]
Denial of Motor Vehicle Defect Petition, DP21-005
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Denial of petition for a defect investigation.
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SUMMARY: This notice sets forth the reasons for the denial of a
petition submitted on September 27, 2021, by Mr. James Lamb to NHTSA's
Office of Defects Investigation (ODI). The petition requests that the
Agency initiate an investigation into alleged ``defects in the 2006
J1939 databus,'' citing a 2016 research paper published through the
University of Michigan. On December 23, 2021, NHTSA opened Defect
Petition DP21-005 to evaluate the petitioner's request. After reviewing
the information provided by the petitioner regarding the alleged defect
and conducting searches of complaints from vehicle owners, operators,
and fleet supervisors, NHTSA has concluded that there is insufficient
evidence to warrant further action at this time. Accordingly, the
Agency has denied the petition.
FOR FURTHER INFORMATION CONTACT: Mr. Ryan Rahimpour, Medium and Heavy-
Duty Vehicle Defects Division, Office of Defects Investigation, NHTSA,
1200 New Jersey Ave. SE, Washington, DC 20590 (telephone 202-366-8756).
SUPPLEMENTARY INFORMATION:
1.0 Introduction
Pursuant to 49 CFR 552.1, interested persons may petition NHTSA
requesting that the Agency initiate an investigation to determine
whether a motor vehicle or item of replacement equipment fails to
comply with applicable motor vehicle safety standards or contains a
defect that relates to motor vehicle safety. 49 U.S.C. 30162; 49 CFR
part 552. Upon receipt of a properly filed petition, the Agency
conducts a technical review of the petition, material submitted with
the petition, and any additional information. 49 U.S.C. 30162(c); 49
CFR
[[Page 18471]]
552.6. After the technical review and considering appropriate factors,
which may include, among other factors, Agency priorities, and the
likelihood of success in litigation that might arise from a
determination of a noncompliance or a defect related to motor vehicle
safety, the Agency will grant or deny the petition. 49 U.S.C. 30162(d);
49 CFR 552.8.
2.0 Petition
Mr. James Lamb (the petitioner), Executive Director of the Small
Business in Transportation Coalition (SBTC), submitted a petition to
NHTSA on September 27, 2021. The petition requested NHTSA to initiate a
defect investigation into the potential hacking susceptibility of the
Society of Automotive Engineers (SAE) J1939 Data Bus standard.
In support of the petition, the petitioner cited a 2016 study from
University of Michigan (Michigan) researchers, entitled Truck Hacking:
An Experimental Analysis of the SAE J1939 Standard, which alleges a SAE
J1939 Data Bus vulnerability in a Model Year (MY) 2001 school bus and a
MY 2006 Class-8 semi-tractor.\1\ The study alleges that, due to the
vulnerability, vehicle critical safety functions such as the
accelerator control or braking systems are susceptible to unauthorized
access and control, increasing motor vehicle safety risks. The petition
includes no other specification with respect to affected makes or
models of vehicles with the alleged safety defect.
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\1\ Burakova, Y., Hass, B., Millar, L., Weimerskirch, A.,
(2016). Truck Hacking: An Experimental Analysis of the SAE J1939
Standard. woot16-paper-burakova.pdf (usenix.org).
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3.0 Analysis
On December 23, 2021, ODI opened Defect Petition Investigation
DP21-005 to evaluate the petitioner's request. In evaluating the
petition, ODI reviewed the cited University of Michigan study to
understand and determine the scope and feasibility of the alleged
defect and reviewed the NHTSA database for similar complaints.
The petitioner did not specify the make and model of the vehicles
with the alleged safety defect. The only categories of relevant subject
vehicles specified were found in the Michigan study: MY 2001 school
buses and MY 2006 Class-8 semi-tractors.
After reviewing the available information and using ODI's risk-
based processes, ODI has not identified evidence that would support
opening a defect investigation into the subject vehicles. The vehicle
vulnerabilities reported in the Michigan study required physical access
to the J1939 connector in order to affect vehicle critical safety
functions such as the accelerator control or braking systems. Whether
there is a potential for remote compromise is a factor that NHTSA has
considered in evaluating the likelihood or frequency of a potential
safety defect. The Michigan study did not demonstrate a remote
compromise of these vehicles. In addition, based on the age of the
subject model year school buses and semi-tractors, they do not have
over-the-air software update capabilities or an internet connection to
make remote compromise possible.
ODI conducted a search for similar complaints received by the
Agency and found no complaints of any type related to this alleged
vulnerability, aside from the Petition. This evaluation included
searches of complaints from vehicle owners, operators, and fleet
supervisors. ODI has not found any similar events, complaints, or
allegations suggesting a real-life vulnerability based on the available
information. Therefore, given a thorough analysis of the potential for
finding a safety-related defect in the subject vehicles, and in view of
NHTSA's enforcement priorities, a defects investigation is unlikely to
result in a finding that a defect related to motor vehicle safety
exists.
4.0 Conclusion
NHTSA is authorized to issue an order requiring notification and
remedy of a defect if the Agency's investigation shows a defect in the
design, construction, or performance of a motor vehicle that presents
an unreasonable risk to safety. 49 U.S.C. 30102(a)(9), 30118. Given
that the existing information does not provide evidence of a real-life
vulnerability in the alleged subject vehicles, caused by a vehicle-
based defect, it is unlikely that an order concerning the notification
and remedy of a safety-related defect would be issued due to any
investigation opened upon grant of this petition. Therefore, and upon
full consideration of the information presented in the petition and the
potential risks to safety, the petition is denied. The denial of this
petition does not foreclose the Agency from taking further action if
warranted or making a future finding that a safety-related defect
exists based upon additional information the Agency may receive.
Authority: 49 U.S.C. 30162(d); delegations of authority at CFR 1.95
and 501.8.
Anne L. Collins,
Associate Administrator for Enforcement.
[FR Doc. 2022-06683 Filed 3-29-22; 8:45 am]
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