FMVSS No. 150, V2V Communications

On behalf of the members of the Alliance of Automobile Manufacturers, Inc. (Alliance), this responds to the National Highway Traffic Safety Administration (NHTSA or agency) Federal Register notice referenced above which initiates rulemaking to create a new Federal Motor Vehicle Safety Standard (FMVSS), FMVSS No. 150, to mandate vehicle-to-vehicle (V2V) communications for new light vehicles produced on or after a date to be determined by the final rule date and to standardize the message and format of V2V transmissions. Section 30111 of title 49 of the United States Code requires that each FMVSS, "shall be practicable, meet the need for motor vehicle safety, and be stated in objective terms." In order for the proposed rule to be practicable, the final rule must clearly state and assure that (1) the 75 MHz of spectrum in the 5.9 GHz radio frequency band remains available for Dedicated Short Range Communications (DSRC) and is kept free from harmful interference, and (2) the Security Credentials Management System (SCMS) is operational before the effective date of the final rule for testing and verification purposes. The Alliance also notes that, as described herein, certain portions of the proposed rule's requirements are not stated in objective terms. To meet the statutory requirement, this must be remedied prior to a final rule. Sufficient lead-time is essential in ensuring that the criteria are met thoughtfully and effectively. The proposed 2-year lead time with a 3-year phase-in period is more aggressive than recent rulemaking activities with much less complexity and NHTSA should consider a longer time period. Added time is necessary to enable "ground up" design for all vehicle architectures. The Alliance suggests a 3-year lead time with a 4-year phase-in period (as described in Attachment B) to ensure the necessary electronics can be designed thoughtfully, effectively, and less costly than proposed. Industry has been developing innovative technologies and networks that will enable V2V communications and some vehicle manufacturers may elect to implement systems that meet the proposed criteria in advance of any required phase-in schedule. Therefore, in order to speed up fleet penetration the agency should consider expanded credits or other incentives for early adoption. With this submission, the Alliance presents its high-level policy views and technical considerations regarding this proposed rulemaking and our preliminary findings and analyses of the existing rulemaking record. Without causing undue delay in completing an appropriate final rule, the Alliance suggests that the agency move expeditiously to publish a supplemental notice of proposed rulemaking (SNPRM). This SNPRM could incorporate responses to this proposal, include information from important Volpe studies that are pending this year, and provide additional detail on items yet to be determined, such as protection of the spectrum from harmful interference, clarification of standards to be followed and test procedures, and intended governance of the SCMS. The Alliance could then effectively understand the agency's position and engage with the agency in additional comments to assure these areas of concern were addressed.