business size standards (see 13 CFR 121.201), a single stage automobile
or light truck manufacturer (NAICS code 336111, Automobile
Manufacturing; 336112, Light Truck and Utility Vehicle Manufacturing)
must have 1,000 or fewer employees to qualify as a small business. We
believe that the rulemaking would not have a significant economic
impact on these small vehicle manufacturers because we believe that the
market for the products of these several small manufacturers is highly
inelastic, and purchasers of these products are enticed by the desire
to have an unusual vehicle. Additionally, all vehicle models would
incur a similar cost to meet the proposed standard, so raising the
price to include the value of V2V technology should not have much, if
any, effect on sales of these vehicles, and costs should be able to be
passed on to consumers. Based on this analysis, we do not believe that
the proposed rule would have a significant economic impact on these
three small domestic vehicle manufacturers. Therefore, a regulatory
flexibility analysis was not prepared, but we welcome comments on this
issue for the final rule.
---------------------------------------------------------------------------

    \381\ BMW, Daimler (Mercedes), Fiat/Chrysler (which also
includes Ferrari and Maserati), Ford, Geely (Volvo), General Motors,
Honda (which includes Acura), Hyundai, Kia, Lotus, Mazda,
Mitsubishi, Nissan (which includes Infiniti), Porsche, Subaru,
Suzuki, Tata (Jaguar Land Rover), Toyota, and Volkswagen/Audi.
---------------------------------------------------------------------------

C. Executive Order 13132 (Federalism)

    NHTSA has examined today's proposal pursuant to Executive Order
13132 (64 FR 43255, August 10, 1999) and concluded that no additional
consultation with States, local governments or their representatives is
mandated beyond the rulemaking process. The agency has concluded that
the rulemaking will not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The proposal will not have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.''
    NHTSA rules can preempt in two ways. First, the National Traffic
and Motor Vehicle Safety Act contains an express preemption provision:
When a motor vehicle safety standard is in effect under this chapter, a
State or a political subdivision of a State may prescribe or continue
in effect a standard applicable to the same aspect of performance of a
motor vehicle or motor vehicle equipment only if the standard is
identical to the standard prescribed under this chapter. 49 U.S.C.
30103(b)(1). It is this statutory command by Congress that preempts any
non-identical State legislative and administrative law addressing the
same aspect of performance.
    The express preemption provision described above is subject to a
savings clause under which ``[c]ompliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person from
liability at common law.'' 49 U.S.C. 30103(e). Pursuant to this
provision, State common law tort causes of action against motor vehicle
manufacturers that might otherwise be preempted by the express
preemption provision are generally preserved. However, the Supreme
Court has recognized the possibility, in some instances, of implied
preemption of such State common law tort causes of action by virtue of
NHTSA's rules, even if not expressly preempted. This second way that
NHTSA rules can preempt is dependent upon there being an actual
conflict between an FMVSS and the higher standard that would
effectively be imposed on motor vehicle manufacturers if someone
obtained a State common law tort judgment against the manufacturer,
notwithstanding the manufacturer's compliance with the NHTSA standard.
Because most NHTSA standards established by an FMVSS are minimum
standards, a State common law tort cause of action that seeks to impose
a higher standard on motor vehicle manufacturers will generally not be
preempted. However, if and when such a conflict does exist--for
example, when the standard at issue is both a minimum and a maximum
standard--the State common law tort cause of action is impliedly
preempted. See Geier v. American Honda Motor Co., 529 U.S. 861 (2000).
    Pursuant to Executive Order 13132 and 12988, NHTSA has considered
whether this proposal could or should preempt State common law causes
of action. The agency's ability to announce its conclusion regarding
the preemptive effect of one of its rules reduces the likelihood that
preemption will be an issue in any subsequent tort litigation.
    To this end, the agency has examined the nature (e.g., the language
and structure of the regulatory text) and objectives of today's
proposal and finds that this proposal, like many NHTSA rules, would
prescribe only a minimum safety standard. As such, NHTSA does not
intend that this proposal preempt state tort law that would effectively
impose a higher standard on motor vehicle manufacturers than that to be
established by today's proposal. Establishment of a higher standard by
means of State tort law would not conflict with the minimum standard
announced here. Without any conflict, there could not be any implied
preemption of a State common law tort cause of action.

D. Executive Order 12988 (Civil Justice Reform)

    With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729; Feb. 7, 1996), requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) specifies
whether administrative proceedings are to be required before parties
file suit in court; (6) adequately defines key terms; and (7) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General. This document is
consistent with that requirement.
    Pursuant to this Order, NHTSA notes as follows. The issue of
preemption is discussed above. NHTSA notes further that there is no
requirement that individuals submit a petition for reconsideration or
pursue other administrative proceedings before they may file suit in
court.

E. Protection of Children From Environmental Health and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental
Health and Safety Risks'' (62 FR 19855, April 23, 1997), applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental,
health, or safety risk that

the agency has reason to believe may have a disproportionate effect on
children. If the regulatory action meets both criteria, the agency must
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the agency.
    This notice is part of a rulemaking that is not expected to have a
disproportionate health or safety impact on children. Consequently, no
further analysis is required under Executive Order 13045.

F. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA), a person is not
required to respond to a collection of information by a Federal agency
unless the collection displays a valid OMB control number. There is no
information collection requirement associated with this proposal. The
proposal would require new vehicles to be capable of V2V
communications, which would require a new aspect of performance where
the vehicle broadcasts Basic Safety Messages (BSMs) during operation,
which other vehicles could then receive and interpret as appropriate.
BSMs include information about a vehicle's current location, heading,
and speed, among other things--information that safety applications on
other vehicles could interpret to determine whether a warning to the
driver is needed for the driver to avoid a potential crash. The agency
does not foresee any reporting requirements or PRA related impacts
directly attributable to the proposed performance requirements in this
proposal.

G. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary
consensus standards in its regulatory activities unless doing so would
be inconsistent with applicable law (e.g., the statutory provisions
regarding NHTSA's vehicle safety authority) or otherwise impractical.
Voluntary consensus standards are technical standards developed or
adopted by voluntary consensus standards bodies. Technical standards
are defined by the NTTAA as ``performance-based or design-specific
technical specification and related management systems practices.''
They pertain to ``products and processes, such as size, strength, or
technical performance of a product, process or material.''
    Examples of organizations generally regarded as voluntary consensus
standards bodies include ASTM International, SAE International (SAE),
and the American National Standards Institute (ANSI). If NHTSA does not
use available and potentially applicable voluntary consensus standards,
we are required by the Act to provide Congress, through OMB, an
explanation of the reasons for not using such standards.
    This proposal would require new light vehicles to be capable of V2V
communications. Section III.D.10 above discusses how voluntary
consensus standards by SAE, IEEE, and ISO interact with the agency's
proposed requirements for V2V communication. In summary, the voluntary
consensus standards provide information that support both performance
requirements and design specifications, and are the bridge for
connecting the requirements to the specifications. In relation to this
proposal, NHTSA's job is to identify and define performance
requirements and verification tests that will indicate that V2V devices
have been designed and implemented such that they will operate to
provide V2V communications and security that will support crash
avoidance applications. The voluntary consensus standards are building
blocks for those requirements, but as they are not at the vehicle-
level, they cannot be incorporated wholesale into the FMVSS. We seek
comment on NHTSA's approach to inclusion of relevant voluntary
consensus standards in the development of our proposed requirements.

H. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires federal agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted for inflation with base year of
1995). Before promulgating a rule for which a written statement is
needed, section 205 of the UMRA generally requires the agency to
identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
section 205 do not apply when they are inconsistent with applicable
law. Moreover, section 205 allows the agency to adopt an alternative
other than the least costly, most cost-effective, or least burdensome
alternative if the agency publishes with the final rule an explanation
of why that alternative was not adopted.
    As noted above, NHTSA has prepared a detailed economic assessment
of this proposal in the PRIA. In that assessment, the agency analyzes
the benefits and costs of requiring new light vehicles to be capable of
V2V communications. NHTSA's preliminary analysis indicates that this
proposal could result in private expenditures of between $2 and $5
billion annually.
    The PRIA also analyzes the benefits and costs of a range of
regulatory alternatives. While the ``No Action'' alternative would
result in no costs, it would also result in no benefits. For the
alternative that would include mandates for safety applications,
NHTSA's preliminary analysis indicates that the costs would not be
significantly different from the proposal, but that benefits would
accrue faster, such that the alternative would be cost-effective and
achieve positive net benefits two model years before the proposal
would. The agency is proposing not to require applications at this
time, however, due to the need for significant additional research to
establish performance requirements and test procedures for them, and
without which unintended consequences such as high false positive rates
could occur.
    Since the agency has estimated that this proposal could result in
expenditures of over $1 billion annually, NHTSA has performed a
probabilistic uncertainty analysis to examine the degree of uncertainty
in its cost and benefit estimates and included that analysis in Chapter
12 of the PRIA.

I. National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this proposed action will not have any significant
impact on the quality of the human environment.

J. Plain Language

    Executive Order 12866 requires each agency to write all rules in
plain language. Application of the principles of plain language
includes consideration of the following questions:
     Have we organized the material to suit the public's needs?
     Are the requirements in the rule clearly stated?
     Does the rule contain technical language or jargon that
isn't clear?
     Would a different format (grouping and order of sections,
use of headings,

paragraphing) make the rule easier to understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or
diagrams?
     What else could we do to make the rule easier to
understand?
    If you have any responses to these questions, please include them
in your comments on this proposal.

K. Regulatory Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.

L. Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).

List of Subjects in 49 CFR Part 571

    Motor vehicles, Motor vehicle safety.

Proposed Regulatory Text

    In consideration of the foregoing, NHTSA proposes to amend 49 CFR
part 571 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 continues to read as follows:

    Authority:  49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.95.

0
2. Add Sec.  571.150 to subpart B to read as follows:

Sec.  571.150   Standard No. 150; V2V communications.

    S1 Scope. This standard specifies performance requirements for
vehicle-to-vehicle communications capability.
    S2 Purpose. The purpose of this standard is to ensure that new
motor vehicles are able to transmit and receive standardized,
authenticated Basic Safety Messages (BSMs), in order to create an
information environment upon which a variety of safety applications can
rely, which in turn can reduce deaths and injuries on the roads.
    S3 Application. This standard applies to new passenger cars,
multipurpose passenger vehicles, trucks, and buses with a gross vehicle
weight rating of 10,000 pounds (4,536 kilograms) or less.
    S4 Definitions.
    Basic Safety Message (BSM) contains safety data according to
specific requirements and is used in a variety of applications to
exchange safety data regarding vehicle status. BSM transmission of 10
times per second is typical when congestion control is not active. BSM
content, initialization time, transmission requirements, and other
characteristics must comply with the requirements of S5, below.
    Channel busy ratio is a measure of the amount of time a channel is
designated as busy over the total observed time channel is available.
    Coordinated Universal Time (UTC) is the international standard of
time that is kept by atomic clocks around the world
    Denial of Service (DoS) attack is an attempt to make a machine or
network resource unavailable to its intended users, such as to
temporarily or indefinitely interrupt or suspend such as disrupting
DSRC communications
    DSRC device means a device uses Dedicated Short Range
Communications to transmit and receive a variety of message traffic to
and from other DSRC devices that include On-Board Units (integrated
into a vehicle), Aftermarket Safety Devices, and Road-Side Units.
    Event Flag is part of the Basic Safety Message. An Event Flag
conveys the sender's status with respect to safety-related events such
as Antilock Brake System activation, Stability Control Activation, hard
braking, and airbag deployment.
    GNSS (Global Navigation Satellite System) means a satellite system
that is used to pinpoint the geographic location of a user's receiver
anywhere in the world.
    Packet Error Rate refers to the unit of data for radio transmission
subject to Forward Error Correction (FEC). The number of error packets
after FEC divided by the total number of received packets is the Packet
Error Rate.
    Reasonably Linkable refers to data elements in the BSM or other
aspects of V2V transmissions capable of being used to identify a
specific individual on a persistent basis without unreasonable cost or
effort, in real time or retrospectively, given available data sources.
This is intended to have the same meaning as ``linkable as a practical
matter'' as used in this standard.
    Roadside Equipment (RSE) means any roadside equipment that prepares
and transmits messages to V2V devices and receives messages from V2V
devices for the purpose of supporting V2I applications or, potentially,
security. This is intended to include the DSRC radio, traffic signal
controller where appropriate, interface to the backhaul communications
network necessary to support the applications, and support such
functions as data security, encryption, buffering, and message
processing.
    Timestamp means the current time of an event that is recorded by a
computer.
    Vehicle reference point means the theoretical point projected on
the surface of the roadway that is in the center of a rectangle
oriented about the vehicle's axis of symmetry front-to-back,
encompassing the farthest forward and rearward points and side-to-side
points on the vehicle, including original equipment such as outside
side view mirrors.
    S5 Requirements. Each vehicle to which this standard applies must
transmit and receive messages consistent with the requirements below.
To obtain interoperable V2V communications for crash avoidance safety,
DSRC devices must be capable of: First, transmitting and receiving an
established message (i.e. the BSM that has specified content of
information, but also the measuring unit for each information element
and the level of precision needed); Second, conforming to DSRC
transmission protocols that will support crash avoidance safety (i.e.,
how far, how often, on what frequency, etc.); Third, implementing a
method for a device to add validation context to message transmissions
such that a receiver of that message can authenticate certain
information about the sender of the message; Fourth, incorporating a
uniform method for dealing with possible occurrences of high volumes of
DRSC messages (i.e., potentially reducing the frequency or range of
messages in high congestion situations) and; Fifth, robustness to
incorrect or malicious incoming messages.
    S5.1 Content. Each BSM must contain the following elements, except
as provided in S5.1.7.:
    S5.1.1 Message packaging. As part of each BSM, a DSRC device must
transmit a Message ID, a Message Count, and a Temporary ID, as follows:
    S<IP_ADDRESS> The Message ID must be the digit ``2.''
    S<IP_ADDRESS> The Message Count must contain an integer between 0 and
127 that is 1 integer greater than the integer used in the last BSM
transmitted by the

same DSRC device. If the last BSM Message Count was 127, then the
Message Count for the following BSM is 0.
    S<IP_ADDRESS> The Temporary ID must be a randomly generated 4-digit
number. The DSRC device must randomly generate a new 4-digit number
every five minutes. However, if other temporary identifiers, such as
pseudonym certificates, are used, the Temporary ID should be changed
every time another identifier (such as a pseudonym certificate) is
changed.
    S5.1.2 Time. As part of each BSM, a DSRC device must transmit a
data element indicating the time, expressed in UTC, and within +/- 1
milliseconds of the actual UTC time.
    S5.1.3 Location. As part of each BSM, a DSRC device must transmit:
    S<IP_ADDRESS> Longitudinal and lateral location within 1.5 meters of the
actual position at a Horizontal Dilution of Precision (HDOP) smaller
than 5 within the 1 sigma absolute error; and
    S<IP_ADDRESS> Elevation location within 3 meters of the actual position
at a Horizontal Dilution of Precision (HDOP) smaller than 5 within the
1 sigma absolute error.
    S5.1.4 Movement. As part of each BSM, a DSRC device must transmit
speed, heading, acceleration, and yaw rate, as follows:
    S<IP_ADDRESS> Speed must be reported in increments of 0.02 m/s, within 1
km/h (0.28 m/s) of the vehicle's actual speed.
    S<IP_ADDRESS> Heading must be reported accurately to within 2 degrees
when the vehicle speed is greater than 12.5 m/s (~28 mph); and to
within 3 degrees when the vehicle speed is less than or equal to 12.5
m/s. Additionally, when the vehicle speed is below 1.11 m/s (~2.5 mph),
the DSRC device must latch the current heading and transmit the last
heading information prior to the speed dropping below 1.11 m/s. The
device is to unlatch the latched heading when the vehicle speed exceeds
1.39 m/s (~3.1 mph) and transmit a heading within 3 degrees of its
actual heading until the vehicle reaches a speed of 12.5 m/s where the
heading must be transmitted at 2 degrees accuracy of its actual
heading.
    S<IP_ADDRESS> Acceleration. Horizontal (longitudinal and lateral)
acceleration must be reported accurately to 0.3 m/s\2\, and vertical
acceleration must be reported accurately to 1 m/s\2\.
    S<IP_ADDRESS> Yaw rate. Yaw rate must be reported accurately to 0.5
degrees/second.
    S5.1.5 Other event based information.
    S<IP_ADDRESS> Path History. The Path History data frame will be
transmitted as a required BSM element at the operational frequency of
the BSM transmission
    S<IP_ADDRESS>.1 Path History data frame requires a history of a vehicles
past GNSS locations as dictated by GNSS data elements including UTC
time, latitude, longitude, heading, elevation sampled at a periodic
time interval of 100 ms and interpolated in-between by circular arcs,
to represent the vehicle's recent movement over a limited period of
time or distance.
    S<IP_ADDRESS>.2 Path History points should be incorporated into the Path
History data frame such that the perpendicular distance between any
point on the vehicle path and the line connecting two consecutive PH
points shall be less than 1 m.
    S<IP_ADDRESS>.3 Minimum number of Path History points vehicles should
report the minimum number of points so that the represented Path
History distance (i.e., the distance between the first and last Path
History point) is at least 300 m and no more than 310 m, unless
initially there is less than 300 m of Path History. If the number of
Path History points needed to meet both the error and distance
requirements stated above exceeds the maximum allowable number of
points (23), the Path History data frame shall be populated with only
the 23 most recent points from the computed set of points.
    S<IP_ADDRESS>.3 Path History data frame shall be populated with time-
ordered Path History points, with the first Path History point being
the closest in time to the current UTC time, and older points following
in the order in which they were determined.
    S<IP_ADDRESS> Path Prediction. Trajectories in the Path Prediction data
frame are represented, at a first order of curvature approximation, as
a circle with a radius, R, and an origin located at (0,R), where the x-
axis is aligned with the transmitting vehicle's perspective and normal
to the vehicle's vertical axis. The radius, R, will be positive for
curvatures to the right when observed from the transmitting vehicle's
perspective, and radii exceeding a maximum value of 32,767 are to be
interpreted as a ``straight path'' prediction by receiving vehicles.
    S<IP_ADDRESS>.1 When a device is in steady state conditions over a range
from 100 m to 2,500 m in magnitude, the subsystem will populate the
Path Prediction data frame with a calculated radius that has less than
2% error from the actual radius. For the purposes of this performance
requirement, steady state conditions are defined as those which occur
when the vehicle is driving on a curve with a constant radius and where
the average of the absolute value of the change of yaw rate over time
is smaller than 0.5 deg/s\2\.
    S<IP_ADDRESS>.2 After a transition from the original constant radius
(R1) to the target constant radius (R2), the subsystem shall repopulate
the Path Prediction data frame within four seconds under the maximum
allowable error bound defined above.
    S<IP_ADDRESS>.3 Path Prediction trajectories will be transmitted as a
required BSM element at the operational frequency of the BSM
transmission.
    S<IP_ADDRESS> Exterior lights. The subsystem shall set the individual
light indications in the data element to be consistent with the vehicle
status data that is available. If meaningful values are unavailable, or
no light indications will be set to indicate the light is on, the data
element should not be transmitted.
    S<IP_ADDRESS>.1 The Exterior Lights data element, if available, provides
the status of all exterior lights on the vehicle, including parking
lights, headlights (including low and high beam, and automatic light
control), fog lights, daytime running lights, turn signal (right and
left), and hazard signals.
    S<IP_ADDRESS> Event flags. If a stated criterion is met as indicated for
each Event Flag listed, the sender shall set the Event Flag to 1. If,
and only if, one or more of the defined Event Flags are set to 1, the
subsystem shall transmit a BSM with the corresponding Event Flags
within 250 ms of the initial detection of the event at the sender. The
Event Flags data element shall be included in the BSM for as long as an
event is active.
     ABS Activation: The system is activated for a period of
time exceeding 100 ms in length and is currently active.
     Stability Control Activation: The system is activated for
a period of time exceeding 100 ms in length and is currently active.
     Hard Braking: The vehicle has decelerated or is
decelerating at a rate of greater than 0.4 g.
     Air Bag Deployment: At least one air bag has been
deployed.
     Hazard Lights: The hazard lights are currently active.
     Stop Line Violation: The vehicle anticipates that it will
pass the line without coming to a full stop before reaching it.
     Traction Control System Activation: The system is
activated for a period of time exceeding 100 ms in length and is
currently active.
     Flat Tire: The vehicle has determined that at least one
tire has run flat.
     Disabled Vehicle: The vehicle considers itself to be
disabled.

     Lights Changed: The status of the external lights on the
vehicle has changed recently.
     Wipers Changed: The status of the front or rear wipers on
the vehicle has changed recently.
     Emergency Response: The vehicle is a properly authorized
public safety vehicle, is engaged in a service call, and is currently
moving. Lights and/or sirens may not be evident.
     Hazardous Materials: The vehicle is known to be carrying
hazardous materials and is labeled as such.
    S5.1.6 Vehicle-based motion indicators. As part of each BSM, a DSRC
device must transmit transmission state and steering wheel angle.
    S<IP_ADDRESS> Transmission state must be reported as either ``neutral,''
``reverse,'' or ``forward'' for any forward gear.
    S<IP_ADDRESS> Steering wheel angle must be reported accurately to 5
degrees.
    S5.1.7 Vehicle size. Vehicle size must be reported accurately to
0.2 meters of the vehicle's length and width.
    S5.1.9 Prohibited elements of the BSM. No BSM may contain data
linked or reasonably linkable to a specific private vehicle or its
driver or owner, including but not limited to VIN, VIN string, vehicle
license plate, vehicle registration information, or owner code.
    S5.2 Initialization time. A DSRC device must begin transmitting the
BSM within 2 seconds after the V2V device power is initiated.
    S5.3 Transmitting the BSM. A DSRC device must transmit the BSM with
the following power/range, on the following channel, and at the
following data rate(s) and times:
    S5.3.1 Transmission range. A DSRC device must transmit the BSM in
all directions on the same plane as the device (i.e., 360 degrees) and
at least 10 degrees above the vehicle and 6 degrees below the vehicle
(i.e., along the vertical axis) such that it can be received at any
point within at least 300 meters from the transmission antenna, with a
Packet Error Rate (PER) of less than 10 percent.
    S5.3.2 Transmission channel. A DSRC device must transmit the BSM on
Channel 172, as allocated for ``public safety applications involving
safety of life and property'' in 47 CFR part 90, subpart M. All non
safety-critical communications will occur on the remaining channels
allocated for DSRC in subpart M.
    S5.3.3 Transmission data rate. A DSRC device must transmit the BSM
at a bit rate of 6 Mbps.
    S5.3.4 Transmission staggering timing. A DSRC device must transmit
the BSM every 100 ms +/1 a random value between 0 and 5 ms.
    S5.4 Signing the BSM. [Reserved for message signature requirement
if needed]
    S5.4.1 Rotating certificates. [Reserved for rotating certificate
requirement if needed]
    S5.5 Congestion Mitigation.
    A DSRC device must transmit the BSM as follows under the following
circumstances:
    S5.5.1 Calculate Tracking Error.
    This section specifies the set of steps that calculate the tracking
error in the congestion control algorithm for the system. Note that the
tracking error is communications-induced and independent of the
positioning system tracking error. The system performs the following
operations every 100 ms.
     The system estimates the position of the HV at the current
time, defined as HV local estimator, per defined below.
[GRAPHIC] [TIFF OMITTED] TP12JA17.019

    1. First find Delta_time, the time since vehicle's last known
position.

(1) Delta_time_ms = T - T

    2. Do not perform position extrapolation in the following cases:
     If Delta_time_ms < 0, then there is a time-related error.
     If Delta_time_ms > 150 ms, then the vehicle has not
received a position update for a very long time and its position is
outdated.
    3. If 50 ms <= Delta_time_ms <= 150 ms, then perform position
extrapolation:
     Calculate the estimated distance traveled by the vehicle
in Delta_time_ms.
     Ahead_distance_m = Speed_mps * Delta_time_ms/1000
     Across_distance_m = 0
    4. Use ConvertXYtoLatLon function to find the vehicle's new
position at time T'. ConvertXYtoLatLon(. . .)

INPUT
    RefLat = e.g., REF_LATITUDE (rad)
    RefLon = e.g., REF_LONGITUDE (rad)
    RefHeading = e.g., REF_HEADING (rad)
    Y = ACROSS_DISTANCE (m w.r.t. REF LATLON)
    X = AHEAD_DISTANCE (m w.r.t. REF LATLON)
    a = 6378137; # semi-major axis of earth
    f = 0.003353; # flattening
    f1 = (f*(2-f))[caret]0.5; # eccentricity

    f2 = a*(1-f1[caret]2)/(1-
f1[caret]2*(sin(RefLat))[caret]2)[caret](3/2); # radius of earth in
meridian
    f3 = a/(1-f1[caret]2*(sin(RefLat))[caret]2)[caret](1/2); # radius
of earth in prime vertical
    E = (cos(RefHeading)*Y + sin(RefHeading)*X;
    N = (cos(RefHeading)*X - sin(RefHeading)*Y;
OUTPUT
    NEW_LATITUDE (rad) = (1/f2)*N + RefLat;
    NEW_LONGITUDE (rad) = (1/(f3*cos(RefLat)))*E + RefLon;

    5. For all future calculations, use the calculated New_Latitude and
New_Longitude as vehicle's position, and current time.
     The system makes an assumption of the latest HV state
information received by the RVs based on a Bernoulli trial
corresponding to the quality of channel indicator as defined below:
    Assumption of latest HV State Information at RVs
    After each transmission, use a Bernoulli trial with the channel
quality indicator [Pgr](k) to infer whether this previous transmission
is successfully received by RVs.
     Channel Quality Indicator ([Pgr]): The system calculates
[Pgr] as an average of the PERs observed by the HV from all of the RVs
within 100 m of the HV over an interval 5000 ms, and updated at the end
of each 1000 ms sub-interval.
    Let AVGPER be calculated as:
    [GRAPHIC] [TIFF OMITTED] TP12JA17.020

where

PER\i\ is for RV `i' and N(k) is the Vehicle Density within 100 m.

    Next, [Pgr] is calculated by smoothening AVGPER to filter out
temporal noise or disturbance in the measurement as follows:
[GRAPHIC] [TIFF OMITTED] TP12JA17.034

where

i is the weight factor 0.9, [Pgr](k) is the
channel quality indicator for the current interval window. Note
that, if [Pgr](k) exceeds 0.3, then it is set to 0.3.

    1. If the outcome of this Bernoulli trial is positive, assume that
the previous transmission by HV is successfully received by RVs. Update
the latest information the RVs have about the HV as the state
information contained in previous transmission.
    2. If, however, the outcome of this Bernoulli trial is negative,
treat the previous transmission by HV as a failure and do not update
the latest HV state information as that received by RVs.
    3. Count the number of Bernoulli trials with successive negative
outcomes. If this count is greater than 3, set the previous
transmission as successful and update the latest information the RVs
have about the HV as the state information contained in the previous
transmission.
    The state information is defined:
    Let [theta]latest be the HV's assumed latest state information
received by RVs and [theta]Pre-tx be the HV's state information
contained in the message of its previous transmission (wheret is the
time in msec when the longitudinal position x(in degrees), lateral
positiony (in degrees), speed v(in m/s), and heading [theta](t)(in
degrees) are measured. The HV's assumed latest state information
received by RVs is updated after each transmission as follows:

[GRAPHIC] [TIFF OMITTED] TP12JA17.021

where

rand () is a uniform random number generator and [Pgr](k)
is the estimated channel quality indicator.

     Using the latest HV state information assumption at RVs,
the system estimates the position of the HV at the current time,
defined as HV remote estimator, using the estimator described above.
This indicates where the HV believes the RVs ``thinks'' that the HV is
located at the current time.
     The system then calculates the tracking error e(k),
between where the HV believes its current position is and where the HV
believes RVs think the HV is located at the current time. It is also
known as the suspected, expected or estimated tracking error between
the HV local estimator and the HV remote estimator.

Where:

the tracking error is defined as the distance between HV local
estimator position (x(k), (y(k)) and output of the HV remote
estimator position, ((x(k), (y(k)) using the great circle formula,
i.e.
    e(k) = R(x(k)) x (cos-1(sin(x(k)) x sin(x(k)) +
cos(x(k)) x cos(x(k)) x cos(y(k) - y(k))))

where

    R(x(k)) = a x (1 - f1\2\)/(1 - f1\2\ x sin
\2\ (x(k)))\1.5\

is the Meridian Radius of the Earth in meters x(k)), at latitude, a
= 6378137 is the mean radius of earth in meters, fi = (f x (2 - f))
\0.5\ is the Eccentricity, and f = 0.003353 is earth's flattening.
    Here (x(k), y(k)) are the latitude and longitude from the HV
Local Estimator, converted to radians, and (x(k), y(k)) the latitude
and longitude from the HV Remote Estimator, converted to radians.

    S5.5.2 Transmission power must vary depending on the following:
    S<IP_ADDRESS> If there is an Event Flag or a transmission decision is
based on p(k), the BSM must be transmitted at maximum power despite
the presence of any other conditions;
    S<IP_ADDRESS> If the channel busy ratio is below 50% (Umin) and the
transmission is based on Max_Trans_Time, then the BSM must be
transmitted at maximum power (20 dBm, Pmax);
    S<IP_ADDRESS> If the channel busy ratio is above 80% (Umax) and the
transmission is based on Max_Trans_Time, then the BSM must be
transmitted at minimum power (10 dBm, Pmin);
    S<IP_ADDRESS> If the channel busy ratio is between (c) and (b), then
the BSM must be transmitted at a power based on a linear function
that proportionally reduces the transmission power based on the
channel busy ratio value during the previous transmission (U(k-1))
and the previous transmission power (P(k-1). Where the transmitted
power (P(k)) is defined by:
[GRAPHIC] [TIFF OMITTED] TP12JA17.022

    S5.6 Detecting misbehavior. A DSRC device must detect
misbehavior in the following ways:
    S5.6.1 Internal self-diagnostics. A DSRC device must be able to
perform the following self-diagnostic checks:
    S<IP_ADDRESS> If a DSRC device detects a malfunctioning sensor which
may cause misbehavior, the device must:
    (a) Either transmit the BSM with the affected elements set to
``Unavailable'' if relevant standards allow the element to be set to
``Unavailable''; or
    (b) Cease BSM transmission if relevant standards do not allow
the element to be set to ``Unavailable.''
    If either (a) or (b) is detected, [Reserved for requirement to
report malfunctions if needed]
    S<IP_ADDRESS> [Reserved for requirement to report physical tampering]
    S5.6.2 Checking and reporting on the plausibility of incoming
BSMs. A DSRC device must perform a preliminary plausibility check on
all incoming BSMs and respond accordingly, as follows:
    S<IP_ADDRESS> The preliminary plausibility check must identify as an
implausible message any BSM for which the components of the vehicle
dynamic state (position, speed, acceleration, and yaw rate) are
outside the following values:
    (a) Speed greater than 70 m/s (252 km/h or 156 mph);
    (b) Longitudinal acceleration of 0-100 km/h in fewer than 2.3
seconds (greater than 12 m/s\2\);
    (c) Longitudinal deceleration of 100-0 km/h in fewer than 95
feet (greater than 12 m/s\2\);
    (d) Lateral acceleration of greater than 11 m/s\2\ (1.12 G);
    (e) Yaw rate of greater than 1.5 radian/s
    Additionally, a BSM must be identified as implausible if values
within the BSM are not internally consistent given the formula V\2\
= ac/(Y')\2\.
    S<IP_ADDRESS> A DSRC device must be able to perform the plausibility
checks described in S<IP_ADDRESS> on at least 5,500 BSMs per second.
    S<IP_ADDRESS> [Reserved for requirement to report any failed
plausibility check]
    S<IP_ADDRESS> A DSRC device must support the detection of other
devices which are suspected of misbehaving, and at a minimum detect
the following types of misbehavior:
    (a) Proximity Plausibility: Instances are detected of two or
more vehicles, either partially or wholly, occupying the same
physical space based on the reported GPS positions.
    (b) Motion Validation: Attempts to validate the reported
position of a transmitting vehicle based on the previously-reported
velocity and heading values of the vehicle.
    (c) Content and Message Verification: Attempts to categorize
BSMs as suspicious by checking the data validity of the BSM.
    (d) Denial of Service Detection: Attempts to disrupt, limit, or
alter the functionality of V2V device to meet the requirements
through exhaustions of storage, computation, or other limited
resources of the V2V device.
    S5.6.3 [Reserved for requirements for sending misbehavior
reports]
    S5.7 Indicating a malfunction. The DSRC device must be able to
indicate to its user the occurrence of one or more malfunctions that
affect the performance of the device, its supporting equipment, or
the inputs used to form, transmit, or receive a BSM, as follows:
    S5.7.1 Malfunctions could include, but are not limited to, the
following:
    (a) Device components not operating properly;
    (b) Input sensor data falling outside tolerance levels;
    (c) On-board memory failures;
    (d) GPS receiver failures;
    (e) An inability to transmit or receive BSMs; or
    (f) Any other failure that could prevent normal operation.
    S5.7.2 The malfunction indication must be clearly presented to
device users in the form of a telltale lamp or message.
    S5.7.3 Owners' information for the device (or vehicle, if the
DSRC device is installed as original equipment) must clearly
describe the malfunction indication, potential causes, and when the
device must be taken in for service (as needed).
    S5.7.4 The malfunction indication must remain present and/or
illuminated until the malfunction no longer exists and the DSRC
device is returned to proper operation.
    S5.8 [Reserved for requirement to communicate with the SCMS if
needed].
    S5.9 Communicating about and obtaining software and security
updates. A DSRC device must be able to indicate clearly to users
that either device software or security updates are available and
that the user must consent to the update before it can occur. If the
DSRC device is included in a vehicle as original equipment, the
indicator must be present in the vehicle. If the DSRC device is not
included in the vehicle as original equipment, the indicator must be
present in the device itself.
    S5.10 [Reserved for hardware protection requirement].
    S5.11 Consumer Privacy Statement.
    S5.11.1 Owners information for the device must include the
statement set forth in Appendix A below.
    S5.11.2 Manufacturers also must make the statement set forth in
Appendix A easily accessible to the public, as by publishing it on
an easily located Web site indexed by make, model, and year.
    S6 Test Conditions.
    S6.1 Ambient conditions.
    S6.1.1 The ambient temperature is between 0 [deg]C (32[emsp14]
[deg]F) and 40 [deg]C (104[emsp14] [deg]F).
    S6.1.2 The maximum wind speed is no greater than 10 m/s (22 mph)
for passenger cars and 5 m/s (11 mph) for multipurpose passenger
vehicles, trucks, and buses.
    S6.2 Road test surface.
    S6.2.1 The tests are conducted on a dry, uniform, solid-paved
surface. Surfaces with irregularities and undulations, such as dips
and large cracks, are unsuitable.
    S6.2.3 The test surface has a consistent slope between level and
1 percent.
    S6.3 Vehicle conditions.
    S6.3.2 Test weight. The vehicle may be tested at any weight
consisting of the test driver and instrumentation only that fall
between its lightly loaded vehicle weight (LLVW) and its gross
vehicle weight rating (GVWR) without exceeding any of its gross axle
weight ratings.
    S6.3.3 Tires. The vehicle is tested with the tires installed on
the vehicle at the time of initial vehicle sale. The tires are
inflated to the vehicle manufacturer's recommended cold tire
inflation pressure(s) specified on the vehicle's placard or the tire
inflation pressure label.
    S7 Test Procedures.
    S7.1 Pre-test/Inspection.
    S7.1.1 Inflate the vehicles' tires to the cold tire inflation
pressure(s) provided on the vehicle's placard or the tire inflation
pressure label.
    S7.1.2 Vehicle dimensions.
    S<IP_ADDRESS> Measure vehicle length including any equipment
installed on the vehicle when first sold.
    S<IP_ADDRESS> Measure vehicle width including any equipment installed
on the vehicle when first sold.
    S<IP_ADDRESS> Measure vehicle height including any equipment
installed on vehicle when first sold.

    S<IP_ADDRESS> Measure the V2V System GNSS Receiver Antenna.
    S<IP_ADDRESS> Measure the independent instrumented vehicle sensor
coordinates.
    S7.2 Static Performance Test Procedure:
    S7.2.1 Place the test vehicle on car wheel rollers and position
the vehicle on the test track.
    S7.2.2 Two dimensional Range: Position a DSRC packet capture
device directly in front of the test vehicle with the following
characteristics:
    S<IP_ADDRESS> The device is 1.5 m above the test surface;
    S<IP_ADDRESS> The device is at a nominal distance of 300 m in front
of the test vehicle.
    S7.2.3 Upward elevation range: Position a DSRC packet capture
device at any point along the following line.
    S<IP_ADDRESS> The line originates at a point that is directly 1.5 m
above the vehicle reference point.
    S<IP_ADDRESS> The line rises at a +10 degree angle from the test
surface proceeding in the direction directly in front of the test
vehicle.
    S<IP_ADDRESS> The line terminates at a point that is directly above
the point used in S7.2.2.
    S7.2.4 Downward elevation range: Position a DSRC packet capture
device at any point along the following line.
    S<IP_ADDRESS> The line originates at a point that is directly 1.5 m
above the vehicle reference point.
    S<IP_ADDRESS> The line falls at a -6 degree angle from the test
surface proceeding in the direction directly in front of the test
vehicle.
    S<IP_ADDRESS> The line terminates at any point where it intersects
the test surface.
    S7.2.5 Configure the DSRC packet capture devices to log BSMs
over-the-air (OTA); devices must have a receive sensitivity of -92
dBm.
    S7.2.6 Activate the DSRC packet capture devices to log BSMs OTA.
    S7.2.7 Activate the test vehicle starting system to initiate BSM
transmission.
    S<IP_ADDRESS> Run the vehicle for 110 mins.
    S<IP_ADDRESS> Rotate the vehicle 90 degrees in the clockwise
direction every 15 minutes until the time in S<IP_ADDRESS> expires.
    S7.2.8 Deactivate the test vehicle and DSRC packet capture
devices.
    S7.2.9 Retrieve and process the log files to determine
compliance with S.5.
    S7.2.10 Positional Accuracy Test.
    S<IP_ADDRESS> Using the transmission blocking water filled plastic
blanket that will hold one gallon of water with a water width of 1
inch, cover the test vehicle GPS antenna to prevent it from
receiving a valid GNSS signal.
    S<IP_ADDRESS> Connect GPS signal generator to the test vehicle OBE.
    S<IP_ADDRESS> Activate the test vehicle starting system to initiate
BSM transmission.
    S<IP_ADDRESS> Activate the DSRC packet capture devices to log BSMs
OTA.
    S<IP_ADDRESS> Using the GPS signal generator, inject a known fake
GPS signal into the OBE.
    S<IP_ADDRESS> After 5 minutes, deactivate the test vehicle starting
system and DSRC capture packet device.
    S<IP_ADDRESS> Retrieve and process the log files to determine
compliance with the positional accuracy requirements.
    S7.3 Simulated Performance Tests.
    S7.3.1 Place the test vehicle on the test track.
    S7.3.2 Position a DSRC packet capture device directly in front
of the test vehicle with the following characteristics:
    S<IP_ADDRESS> The device is 1.5 m above the test surface;
    S<IP_ADDRESS> The device is at a nominal distance of 300 m in front
of the test vehicle.
    S7.3.3 Configure the DSRC packet capture device to log BSMs
over-the-air (OTA); devices must have a receive sensitivity of -92
dBm.
    S7.3.4 Congestion Mitigation.
    S<IP_ADDRESS> Position a reference OBE device (i.e. rack of OBE
modules) on the test track within a 300 m range of the test vehicle.
    S<IP_ADDRESS> Activate the DSRC packet capture device to log BSMs
OTA.
    S<IP_ADDRESS> Activate the test vehicle starting system to initiate
BSM transmission.
    S<IP_ADDRESS>.1 Run the vehicle for 15 minutes.
    S<IP_ADDRESS>.2 After 5 minutes, activate the reference OBE device in
S<IP_ADDRESS> to simulate a congested DSRC environment.
    S<IP_ADDRESS>.3 After another 5 minute period, deactivate the
reference OBE device in S<IP_ADDRESS>.
    S<IP_ADDRESS>.4 After another 5 minute period, deactivate the test
vehicle starting system.
    S<IP_ADDRESS> Retrieve and process the log files to determine
compliance with the correct congestion mitigation strategy in S5.5.
    S7.3.5 Misbehavior Detection.
    S<IP_ADDRESS> Position a reference OBE device on the test track
within a 300 m range of the test vehicle.
    S<IP_ADDRESS> Activate the DSRC packet capture device to log BSMs
OTA.
    S<IP_ADDRESS> Activate the test vehicle starting system to initiate
BSM transmission.
    S<IP_ADDRESS> Using the reference OBE device, transmit simulated
misbehaving BSMs.
    S<IP_ADDRESS>.1 After 10 mins, deactivate the reference OBE device.
    S<IP_ADDRESS> Retrieve and process the log files to determine
compliance with the misbehavior detection requirement in S5.6.
    S7.4 Dynamic Performance Test Procedure.
    S7.4.1 Configure the test vehicle to send BSMs representing the
best estimate of the BSM data parameters.
    S7.4.2 Configure the test vehicle to send ground truth data
(position, speed, heading, acceleration, yaw rate, and time) from
independent sensors mounted on the test vehicle via non-DSRC
wireless link.
    S7.4.3 Configure the DSRC packet capture device to log BSMs
over-the-air (OTA); devices must have a receive sensitivity of -92
dBm.
    S7.4.4 Configure an RSE on the test track to receive the test
vehicles' ground truth data.
    S7.4.5 Dynamic test maneuver.
    S<IP_ADDRESS> Activate the test vehicle starting system to initiate
BSM transmission.
    S<IP_ADDRESS> Activate the DSRC packet capture device to log BSMs
OTA.
    S<IP_ADDRESS> Put the test vehicle transmission in ``Drive'' and
accelerate the vehicle to 30 mph +/-1 mph.
    S<IP_ADDRESS> Apply the service brake to decelerate the vehicle 0.3
g, bring the vehicle to a stop.
    S<IP_ADDRESS> Shift the transmission to ``Park'' and cycle the
ignition.
    S<IP_ADDRESS> Shift the transmission to ``Drive'' and accelerate the
vehicle to 15 mph +/-mph.
    S<IP_ADDRESS> Proceed up an incline with a minimum rise of ? ft.
    S<IP_ADDRESS> Drive the test vehicle in a figure eight at 18 mph.
    S<IP_ADDRESS> Bring the test vehicle to a stop and shift the
transmission to ``Reverse''.
    S<IP_ADDRESS> Accelerate the test vehicle in the reverse direction.
    S<IP_ADDRESS> Decelerate the vehicle to a stop and shift the
transmission to ``Park''.
    S<IP_ADDRESS> Cycle the ignition.
    S<IP_ADDRESS> Deactivate the test vehicle starting system.
    S<IP_ADDRESS> Retrieve and process the log files to determine
compliance with S5.
    S7.4.6 Misbehavior Detection: Plausibility.
    S<IP_ADDRESS> Configure a remote test vehicle (RV1) to offset its
positional BSM data laterally into the left adjacent lane.
    S<IP_ADDRESS> Place RV1 on a two lane test track and position it in
the right most lane.
    S<IP_ADDRESS> Activate the test vehicle starting system to initiate
BSM transmission.
    S<IP_ADDRESS> Activate the DSRC packet capture device to log BSMs
OTA.
    S<IP_ADDRESS> Drive the test vehicle [30 mph +/-1 mph] along the test
track in the left lane and proceed past RV1.
    S<IP_ADDRESS> Repeat S<IP_ADDRESS> three (3) times.
    S<IP_ADDRESS> Retrieve and process the log files to determine
compliance with S5.6.
    S<IP_ADDRESS> Drive the test vehicle past the RSE at a constant [30
mph +/-1 mph].
    S<IP_ADDRESS> Bring the test vehicle to a stop.
    S<IP_ADDRESS> [Reserved for requirement to retrieve and process the
log files to determine if a Misbehavior Report was sent to the
SCMS].
    S7.4.7 [Reserved for Misbehavior Detection Signature Failure
testing requirement].
    S7.5 V2V Malfunction Detection.
    S7.5.1 Start-up Self test:
    S7.5.2 Position the test vehicle on the test platform.
    S7.5.3 Position a DSRC packet capture device at a nominal
distance of 300 m from the test device.
    S7.5.4 Create a malfunction on the test vehicle.
    S7.5.5 Activate the DSRC packet capture device to log BSMs over-
the-air (OTA).
    S7.5.6 Activate the test vehicle starting system to initiate BSM
transmission.
    S7.5.7 Retrieve and process the log files to determine
compliance with S5.
    S7.5.8 Cycle the test vehicle starting system.
    S7.5.9 Deactivate the vehicle starting system.
    S7.5.10 Correct the system malfunction.
    S7.5.11 Reactivate the test vehicle starting system.
    S7.5.12 Deactivate the test vehicle starting system.
    S8 Phase-in schedule.
    S8.1 Vehicles manufactured on or after September 1, [2 years
after issuance of a final rule], and before September 1, [3 years
after issuance of a final rule]. For vehicles manufactured on or
after September 1, [2 years after issuance of a final rule], and

before September 1, [3 years after issuance of a final rule], the
number of vehicles complying with this standard must not be less
than 50 percent of the manufacturer's production on or after
September 1, [2 years after issuance of a final rule], and before
September 1, [3 years after issuance of a final rule].
    S8.2 Vehicles manufactured on or after September 1, [3 years
after issuance of a final rule], and before September 1, [4 years
after issuance of a final rule]. For vehicles manufactured on or
after September 1, [3 years after issuance of a final rule], and
before September 1, [4 years after issuance of a final rule], the
number of vehicles complying with this standard must not be less
than 75 percent of the manufacturer's production on or after
September 1, [3 years after issuance of a final rule], and before
September 1, [4 years after issuance of a final rule].
    S8.3 Vehicles manufactured on or after September 1, [4 years
after issuance of a final rule]. All vehicles manufactured on or
after September 1, [4 years after issuance of a final rule] must
comply with this standard.
    S8.4 Calculation of number of complying vehicles.
    (a) For purposes of complying with S8.1, a manufacturer may
count a vehicle if it is certified as complying with this standard
and is manufactured on or after June 5, [1 year after issuance of a
final rule], but before September 1, [3 years after issuance of a
final rule].
    (b) For purposes of complying with S8.2, a manufacturer may
count a vehicle if it.
    (1) Is certified as complying with this standard and is
manufactured on or after June 5, [1 year after issuance of a final
rule], but before September 1, [4 years after issuance of a final
rule], and is not counted toward compliance with S8.1; or
    (2) Is certified as complying with this standard and is
manufactured on or after September 1, [3 years after issuance of a
final rule], but before September 1, [4 years after issuance of a
final rule].
    S8.5 Vehicles produced by more than one manufacturer.
    S8.5.1 For the purpose of calculating average annual production
of vehicles for each manufacturer and the number of vehicles
manufactured by each manufacturer under S8.1 through S8.3, a vehicle
produced by more than one manufacturer must be attributed to a
single manufacturer as follows, subject to S8.5.2:
    (a) A vehicle that is imported must be attributed to the
importer.
    (b) A vehicle manufactured in the United States by more than one
manufacturer, one of which also markets the vehicle, must be
attributed to the manufacturer that markets the vehicle.
    S8.5.2 A vehicle produced by more than one manufacturer must be
attributed to any one of the vehicle's manufacturers specified by an
express written contract, reported to the National Highway Traffic
Safety Administration under 49 CFR part 585, between the
manufacturer so specified and the manufacturer to which the vehicle
would otherwise be attributed under S8.5.1.
    S8.6 Small volume manufacturers. Vehicles manufactured during
any of the two years of the September 1, [2 years after issuance of
a final rule] through August 31, [4 years after issuance of a final
rule] phase-in by a manufacturer that produces fewer than 5,000
vehicles for sale in the United States during that year are not
subject to the phase-in requirements of S8.1 through S8.4. Instead,
all vehicles produced by these manufacturers on or after September
1, [4 years after issuance of a final rule] must comply with this
standard.
    S8.7 Final-stage manufacturers and alterers. Vehicles that are
manufactured in two or more stages or that are altered (within the
meaning of 49 CFR 567.7) after having previously been certified in
accordance with part 567 of this chapter are not subject to the
phase-in requirements of S8.1 through S8.4. Instead, all vehicles
produced by these manufacturers on or after September 1, [5 years
after issuance of a final rule] must comply with this standard.
    S9 Interoperable technology.
    S9.1 The agency is also recognizing that communications mediums
other than DSRC may be capable of providing equal or better
performance than DSRC. These alternative technologies would be
permissible if and only if it satisfies all of the criteria set
forth in this section:
    S9.1.1 Interoperable technology testing requirements:
    S<IP_ADDRESS> Transmitting and receiving an established message with
all other V2V devices, including DSRC devices, including BSM content
data as specified in S5.1.2, S5.1.3, S5.1.4, S5.1.5, S5.1.6, and
S5.1.7;
    S<IP_ADDRESS> Utilizing transmissions protocols that achieve at least
the same level of performance as DSRC including S5.2, S5.3.1,
S5.3.4, and S5.3.5; and
    S<IP_ADDRESS> Ensuring, at the minimum, the same robustness to
incorrect or malicious incoming messages as DSRC as specified in the
plausibility checks specified in S5.6.2.
    S9.1.2 Interoperable technology performance requirements:
    S<IP_ADDRESS> A device that enables V2V communication, but does not
use DSRC technology must perform at the same level as the
requirements found in S5.2, S5.3, S5.4, S5.7-S5.10 for DSRC devices,
except that it is not required to meet:
    S<IP_ADDRESS> Specific references to DSRC, where the technology meets
all other requirements;
    S<IP_ADDRESS> The message packaging or protocol suite requirements
found in S5.1.1.
    S<IP_ADDRESS> The required channel or data rate in S5.3.2 and S5.3.3;
and
    S<IP_ADDRESS> The requirements associated with message congestion
mitigation and misbehavior detection found in S5.5 and S5.6 except
as specified in S5.6.2;
    S9.1.3 Interoperability technology testing procedures:
    S<IP_ADDRESS> The test conditions for testing non-DSRC V2V devices
shall be the same as those for DSRC devices in S6.
    S<IP_ADDRESS> The test procedures for testing non-DSRC V2V devices to
determine whether they can send BSMs that are interoperable with
DSRC devices shall be the same as those for DSRC devices in S7,
minus any specific references to DSRC in the vehicle being tested,
including but not limited to S7.3.4, S7.3.5, and S7.4.6.
    S<IP_ADDRESS> [Reserved for test procedures on receiving BSMs from a
DSRC test device]
    S<IP_ADDRESS> [Reserved for test procedures on ensuring
interoperability with other approved non-DSRC V2V devices]

Appendix A to Sec.  571.150: V2V Privacy Statement

(a) V2V Messages

    (1) The National Highway Traffic Safety Administration (NHTSA)
requires that your vehicle be equipped with a Vehicle-to-Vehicle
(V2V) safety system. The V2V system is designed to give your vehicle
a 360 degree awareness of the driving environment and warn you in
the event of a pending crash, allowing you to take actions to avoid
or mitigate the crash, if the manufacturer of your vehicle has
installed V2V safety applications.
    (2) Your V2V system periodically broadcasts and receives from
all nearby vehicles a V2V message that contains important safety
information, including vehicle position, speed, and direction. V2V
messages are broadcast ten times per second in only the limited
geographical range (approximately 300 meters) necessary to enable
V2V safety application to warn drivers of pending crash events.
    (3) To help protect driver privacy, V2V messages do not directly
identify you or your vehicle (as through vehicle identification
number or State motor vehicle registration), or contain data that is
reasonably or, as a practical matter, linkable to you. For purposes
of this statement, V2V data is ``reasonably'' or ``as a practical
matter'' linkable to you if it can be used to trace V2V messages
back to you personally for more than a temporary period of time (in
other words, on a persistent basis) without unreasonable expense or
effort, in real time or after the fact, given available data
sources. Excluding reasonably linkable data from V2V messages helps
protect consumer privacy, while still providing your V2V system with
sufficient information to enable crash-avoidance safety
applications.

(b) Collection, Storage and Use of V2V Information

    (1) Your V2V system does not collect or store V2V messages
except for a limited time needed to maintain awareness of nearby
vehicles for safety purposes or in case of equipment malfunction. In
the event of malfunction, the V2V system collects only those
messages required, and keeps that information only for long enough
to assess a V2V device's misbehavior and, if a product defect seems
likely, to provide defect information to your vehicle's
manufacturer.
    (2) NHTSA does not regulate the collection or use of V2V
communications or data beyond the specific use by motor vehicles and
motor vehicle equipment for safety-related applications. That means
that other individuals and entities may use specialized equipment to
collect and aggregate (group together) V2V transmissions and use
them for any purpose including applications such as motor vehicle
and highway safety, mobility, environmental, governmental and
commercial purposes. For example, States and localities may deploy
roadside

equipment that enables connectivity between your vehicle, roadways
and non-vehicle roadway users (such as cyclists or pedestrians).
These technologies may provide direct benefits such as use of V2V
data to further increase your vehicle's awareness of its
surroundings, work zones, first responders, accidents, cyclists and
pedestrians. State and local entities (such as traffic control
centers or transportation authorities) may use aggregate V2V safety
messages for traffic monitoring, road maintenance, transportation
research, transportation planning, truck inspection, emergency and
first responder, ride-sharing, and transit maintenance purposes.
Commercial entities also may use aggregate V2V messages to provide
valuable services to customers, such as traffic flow management and
location-based analytics, and for other purposes (some of which
might impact consumer privacy in unanticipated ways). NHTSA does not
regulate the collection or use of V2V data by commercial entities or
other third parties.
    (3) While V2V messages do not directly identify vehicles or
their drivers, or contain data reasonably linkable to you on a
persistent basis, the collection, storage and use of V2V data may
have residual privacy impacts on private motor vehicle owners or
drivers. Consumers who want additional information about privacy in
the V2V system may review NHTSA's V2V Privacy Impact Assessment,
published by The U.S. Department of Transportation at http://www.transportation.gov/privacy.
    (4) If you have concerns or questions about the privacy
practices of vehicle manufacturers or third party service providers
or applications, please contact the Federal Trade Commission.
https://www.ftc.gov.

    Dated: December 12, 2016.
Anthony R. Foxx,
Secretary, Department of Transportation.

[FR Doc. 2016-31059 Filed 1-3-17; 4:15 pm]
 BILLING CODE 4910-59-P


[Federal Register: August 19, 2010 (Volume 75, Number 160)]
[Notices]
[Page 51306-51308]
[DOCID:fr19au10-89]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62719; File No. SR-BX-2010-056]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Establishing Strike Price Intervals for Options on Trust Issued
Receipts, Including Holding Company Depositary Receipts

August 13, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'')\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on August 9, 2010, NASDAQ OMX BX, Inc. (the ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASDAQ OMX BX, Inc. (the ``Exchange'') proposes to amend Chapter
IV, Section 6 (Series of Options Contracts Open for Trading) of the
Rules of the Boston Options Exchange Group, LLC (``BOX'') to establish
strike price intervals for options on Trust Issued Receipts (``TIRs''),
including Holding Company Depositary Receipts (``HOLDRs''). The text of
the proposed rule change is available from the principal office of the
Exchange, on the Commission's Web site at http://www.sec.gov, at the
Commission's Public Reference Room and also on the Exchange's Internet
Web site at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing is to amend Chapter IV, Section 6,
Supplementary Material .01 of the BOX Rules to allow BOX to list
options on Trust Issued Receipts (``TIRs''), including Holding Company
Depository Receipts (``HOLDRs''), in $1 or greater strike price
intervals, where the strike price is $200 or less, and $5 or greater
where the strike price is greater than $200.\3\
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    \3\ HOLDRs are a type of TIR and the current proposal would
permit $1 strikes for options on HOLDRS where the strike price is
less than $200.
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    Currently, the strike price intervals for options on TIRs are as
follows: (1) $2.50 or greater where the strike price is $ 25.00 or
less; (2) $5.00 or greater where the strike price is greater than
$25.00; and (3) $10.00 or greater where the strike price is greater
than $200.\4\
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    \4\ See Chapter IV, Section 6(d) of the BOX Rules.
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    BOX is seeking to permit $1 strikes for options on TIRs where the
strike price is less than $200 because TIRs have characteristics
similar to exchange traded funds (``ETFs''). Specifically, TIRs are
exchange-listed securities representing beneficial ownership of the
specific deposited securities represented by the receipts. They are
negotiable

receipts issued by a trust representing securities of issuers that have
been deposited and held on behalf of the holders of the TIRs. TIRs,
which trade in round-lots of 100, and multiples thereof, may be issued
after their initial offering through a deposit with the trustee of the
required number of shares of common stock of the underlying issuers.
This characteristic of TIRs is similar to that of ETFs, which also may
be created on any business day upon receipt of the requisite securities
or other investment assets comprising a creation unit. The trust only
issues receipts upon the deposit of the shares of the underlying
securities that are represented by a round-lot of 100 receipts.
Likewise, the trust will cancel, and an investor may obtain, hold,
trade or surrender TIRs in a round-lot and round-lot multiples of 100
receipts.
    Strike prices for ETF options are permitted in $1 or greater
intervals where the strike price is $200 or less and $5 or greater
where the strike is greater than $200. Accordingly, BOX believes that
the rationale for permitting $1 strikes for ETF options equally applies
to permitting $1 strikes for options on TIRs. BOX has analyzed its
capacity and believes the Exchange and the Options Price Reporting
Authority (``OPRA'') have the necessary systems capacity to handle the
additional traffic associated with the listing and trading of $1
strikes where the strike price is less than $200 for options on TIRs.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Securities Exchange Act of 1934
(``Exchange Act''),\5\ in general, and Section 6(b)(5) of the Exchange
Act,\6\ in particular, in that it is designed to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in, securities, to remove impediments to and perfect the mechanism for
a free and open market and national market system and, in general, to
protect investors and the public interest. In particular, BOX believes
that the marketplace and investors expect options on TIRs to trade in a
similar manner to ETF options. BOX further believes that investors will
be better served if $1 strike price intervals are available for options
on TIRs where the strike price is less than $200.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act\7\ and Rule 19b-
4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied the five-day pre-filing
requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the proposal is substantially similar to a rule of
another exchange that has been approved by the Commission.\9\
Therefore, the Commission designates the proposal operative upon
filing.\10\
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    \9\ See Securities Exchange Release No. 34-62141 (May 20, 2010),
75 FR 29787 (May 27, 2010) (SR-CBOE-2010-036).
    \10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2010-056 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BX-2010-056. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2010-056 and should be
submitted on or before September 9, 2010.
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    \11\ 17 CFR 200.30-3(a)(12).

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-20554 Filed 8-18-10; 8:45 am]
BILLING CODE 8010-01-P