[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 [www.gpo.gov]
[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 
[email protected] and by fax at 202-493-2990. Rebecca Schade, 
Office of the Chief Counsel, by telephone at 202-366-2992, and by email 
at [email protected]. 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: https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-68A1_Rcd.pdf.
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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 
http://www.regulations.gov.
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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 https://docs.fcc.gov/public/attachments/DOC-367827A1.pdf.
    \7\ https://docs.fcc.gov/public/attachments/DA-23-343A1.pdf.
    \8\ See, e.g., https://www.transportation.gov/content/safety-band (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