[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Proposed Rules]
[Pages 58049-58053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20643]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 390

[Docket No. FMCSA-2022-0062]
RIN 2126-AC54


Unique Electronic Identification of Commercial Motor Vehicles

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Advance notice of proposed rulemaking (ANPRM) and request for 
comments.

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SUMMARY: FMCSA requests public comment on whether the agency should 
amend the Federal Motor Carrier Safety Regulations to require every 
commercial motor vehicle (CMV) operating in interstate commerce to be 
equipped with electronic identification (ID) technology capable of 
wirelessly communicating a unique ID number when queried by a Federal 
or State motor carrier safety enforcement personnel. In response to a 
petition for rulemaking from the Commercial Vehicle Safety Alliance 
(CVSA), FMCSA is considering such amendments to improve the efficiency 
and effectiveness of the roadside inspection program by more fully 
enabling enforcement agencies to focus their efforts at high-risk 
carriers and drivers.

DATES: Comments on this notification must be received on or before 
November 22, 2022.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0062 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2022-0062/document. Follow the online 
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. To be sure 
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations.
     Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Policy, FMCSA, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001; (202) 366-0676; [email protected]. If you 
have questions on viewing or submitting material to the docket, call 
Dockets Operations at (202) 366-9826.

[[Page 58050]]


SUPPLEMENTARY INFORMATION: FMCSA organizes this ANPRM as follows:

I. Public Participation and Request for Comments
    A. Submitting comments
    B. Viewing comments and documents
    C. Privacy
II. Abbreviations
III. Legal Basis
IV. Executive Order (E.O.) 12866 (Regulatory Planning and Review) 
and E.O. 13563 (Improving Regulation and Regulatory Review)
V. Background
VI. Discussion of the ANPRM and Questions

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
ANPRM (FMCSA-2022-0062), indicate the specific section of this document 
to which your comment applies, and provide a reason for each suggestion 
or recommendation. You may submit your comments and material online or 
by fax, mail, or hand delivery, but please use only one of these means. 
FMCSA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2022-0062/document, click on this ANPRM, click 
``Comment,'' and type your comment into the text box on the following 
screen.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope. FMCSA will consider all comments 
and material received during the comment period.
Confidential Business Information (CBI)
    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the ANPRM contain commercial or 
financial information that is customarily treated as private, that you 
actually treat as private, and that is relevant or responsive to the 
ANPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission that 
constitutes CBI as ``PROPIN'' to indicate it contains proprietary 
information. FMCSA will treat such marked submissions as confidential 
under the Freedom of Information Act, and they will not be placed in 
the public docket of the ANPRM. Submissions containing CBI should be 
sent to Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, Office 
of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington DC 20590-0001. 
Any comments FMCSA receives not specifically designated as CBI will be 
placed in the public docket for this rulemaking.

B. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket, 
go to https://www.regulations.gov/docket/FMCSA-2062-0062/document and 
choose the document to review. To view comments, click this ANPRM, then 
click ``Browse Comments.'' If you do not have access to the internet, 
you may view the docket online by visiting Dockets Operations in Room 
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.

C. Privacy

    DOT solicits comments from the public to better inform its 
regulatory process, in accordance with 5 U.S.C. 553(c). DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL 14--Federal Docket Management System), which 
can be reviewed at https://www.govinfo.gov/content/pkg/FR-2008-01-17/pdf/E8-785.pdf.

II. Abbreviations

ANPRM Advance Notice of Proposed Rulemaking
CBI Confidential Business Information
CMV Commercial Motor Vehicle
CVSA Commercial Vehicle Safety Alliance
DOT Department of Transportation
E.O. Executive Order
E-screening Electronic Screening
FMCSA Federal Motor Carrier Safety Administration
ID Identification
LPR License Plate Reader
MAP-21 Moving Ahead for Progress in the 21st Century Act
OCR Optical Character Recognition
OMB Office of Management and Budget
U.S.C. United States Code
VIN Vehicle Identification Number

III. Legal Basis for the Rulemaking

    This proposed rule is based on the authority of 49 U.S.C. 31502(b) 
(originally enacted as part of the Motor Carrier Act of 1935). DOT is 
authorized by 49 U.S.C. 31502(b) to ``prescribe requirements for--(1) 
qualifications and maximum hours of service of employees of, and safety 
of operation and equipment of, a motor carrier; and (2) qualifications 
and maximum hours of service of employees of, and standards of 
equipment of, a motor private carrier, when needed to promote safety of 
operation.''
    This proposed rule is also based on the authority granted by 49 
U.S.C. 31136(a) (originally enacted as part of the Motor Carrier Safety 
Act of 1984 (1984 Act)). DOT has authority under 49 U.S.C. 31136(a) to 
regulate drivers, motor carriers, and CMVs. ``At a minimum, the 
regulations shall ensure that--(1) commercial motor vehicles are 
maintained, equipped, loaded, and operated safely; (2) the 
responsibilities imposed on operators of commercial motor vehicles do 
not impair their ability to operate the vehicles safely; (3) the 
physical condition of operators of commercial motor vehicles is 
adequate to enable them to operate the vehicles safely . . . ; and (4) 
the operation of commercial motor vehicles does not have a deleterious 
effect on the physical condition of the operators'' (49 U.S.C. 
31136(a)). In 49 U.S.C. 31136(a)(5) (enacted as part of the Moving 
Ahead for Progress in the 21st Century Act (MAP-21) (Pub. L. 112-141, 
126 Stat. 405, 818, July 6, 2012)), there is a fifth requirement to 
ensure that ``(5) an operator of a commercial motor vehicle is not 
coerced by a motor carrier, shipper, receiver, or transportation 
intermediary to operate a commercial motor vehicle in violation of a 
regulation promulgated under this section, or chapter 51 or chapter 313 
of this title.''
    In addition, 49 U.S.C. 31133(a) (enacted as part of the 1984 Act) 
includes more general authority to ``(8) prescribe recordkeeping . . . 
requirements; . . . and (10) perform other acts the Secretary considers 
appropriate.''
    FMCSA is considering establishing requirements consistent with 
these statutory provisions that would enable safety officials to more 
efficiently and accurately identify a vehicle's motor carrier 
designation (or motor carrier on record) while in operation via 
wireless electronic means.
    FMCSA is seeking to facilitate more accurate, focused enforcement 
to help the Agency meet the mandate of 49

[[Page 58051]]

U.S.C. 31136(a)(1) to ensure that CMVs are ``operated safely.'' A rule 
stemming from information gathered as a result of this ANPRM would not 
address the requirements of 49 U.S.C. 31136(a)(2) through (4), and 
because it would only have indirect and minimal application to drivers 
of CMVs, FMCSA believes that coercion of drivers to violate the rule 
would not occur (49 U.S.C. 31136(a)(5)).

IV. Executive Order (E.O.) 12866 (Regulatory Plannng and Review) and 
E.O. 13563 (Improving Regulation and Regulatory Review)

    The Office of Information and Regulatory Affairs within the Office 
of Management and Budget (OMB) determined that this ANPRM is not a 
significant regulatory action under section 3(f) of E.O. 12866, as 
supplemented by E.O. 13563, and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. 
Accordingly, OMB has not reviewed it under these orders.
    Executive Orders 12866 and 13563 require agencies to provide a 
meaningful opportunity for public participation. Accordingly, the 
Agency has asked commenters to answer a variety of questions to elicit 
practical information about alternative approaches, including the 
associated costs and benefits of those approaches, and relevant 
scientific, technical, and economic data.

V. Background

    FMCSA's primary mission is to reduce crashes, injuries and 
fatalities involving large trucks and buses.\1\ There are an estimated 
12 million large trucks and buses (also known collectively as CMVs) 
registered to operate on America's roadways.\2\ Enforcement of safety 
regulations for CMV operations is a major factor in providing safer 
roadways.
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    \1\ See 49 U.S.C. 113.
    \2\ See https://www.fmcsa.dot.gov/ourroads/about-campaign (last 
accessed Mar. 8, 2022).
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    Given the consistent growth in the CMV industry, the number of 
vehicles to regulate far outpaces enforcement resources. As such, the 
use of technology for CMV identification is key to efficient and 
productive safety regulatory oversight. Ease of identification of CMVs 
allows enforcement personnel to make timely and informed decisions to 
support their mission critical operations.
Electronic ID Technologies
    Electronic ID technologies provide a means of identifying CMVs 
either parked or in motion. Some technologies are also capable of two-
way communication of information. The technologies in use for 
identifying CMVs operating in the United States and its Territories 
include license plate readers (LPRs), wireless mobile data services,\3\ 
These technologies are used to assist businesses in tracking their 
inventory and operations. In addition, they also assist State and local 
agencies in roadside enforcement activities.
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    \3\ Report to Congress. ``Safety and Efficiency Effects of 
Replacing Transponders with License Plate Readers to Screen Trucks 
at Inspection or Weigh Stations.'' Pursuant to House Report 115-750 
accompanying House Bill 6072 and the Joint Explanatory Statement 
accompanying the Consolidated Appropriations Act, 2019 (Pub. L. 116-
6, 133 Stat. 13, Feb. 15, 2019). https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-06/Transponder%20Based%20Weigh%20Station%20Technology%20Report%20Enclosure%20FINAL%20June%202020.pdf (last accessed June 15, 2022).
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    FMCSA currently does not require CMVs to be equipped with a system 
capable of transmitting a unique electronic ID (referred to as 
electronic ID in remainder of the document) for operation. However, 
FMCSA provides grant funding to States for technology projects that 
electronically identify a CMV, verify its size, weight, and credentials 
information, and review its carrier's past safety performance while the 
vehicle is in motion and then communicate safely to the driver to 
either pull in or bypass the roadside inspection station. Per Motor 
Carrier Safety Assistance Program (MCSAP) policy, vehicles that are: 
(1) properly credentialed; (2) operated by a motor carrier with a 
history of safe operations; and (3) within weight limits (if the site 
is instrumented for weight measurements) are allowed to bypass 
inspection facilities (although such vehicles are still subject to 
random inspection).\4\ Electronic screening (e-screening) projects are 
designed to identify high-risk motor carriers/CMVs for roadside 
inspection, and to reduce operating costs for safe and legal motor 
carriers.
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    \4\ https://www.fmcsa.dot.gov/mission/grants/motor-carrier-safety-assistance-program-grant-comprehensive-policy (last accessed 
Apr. 27, 2022).
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    LPR systems combine the use of a specialized plate-reader camera 
with advanced optical character recognition (OCR) software that can 
identify and match license plates with existing registration data. The 
readers, which can be mounted on stationary poles and police cruisers, 
or are available as handheld devices, also log the time and date of 
each scan, the vehicle's GPS coordinates, and pictures of the license 
plate and/or vehicle. These types of systems are often used to identify 
traffic violations such as speeding and failure to stop at red lights. 
State CMV enforcement officers use LPR systems in conjunction with 
FMCSA's Safety and Fitness Electronic Records System to further 
identify the motor carrier responsible for safety.
    Similarly, a USDOT number reader uses a high-resolution image of 
the side of a CMV and incorporates OCR software to obtain a machine-
readable DOT number in real time at highway speeds. Although a USDOT 
number reader and a LPR serve a limited identification function as 
compared to the ID technology under consideration, those devices may 
require more resources to identify the motor carrier responsible for 
safety, and a LPR or USDOT reader may not always capture the license 
plate or USDOT number accurately. These issues may result in compliant 
carriers being stopped for roadside inspections and, conversely, non-
compliant or high-risk carriers being excluded from roadside 
inspections. Unnecessary inspections on otherwise compliant carriers 
leave less time for enforcement personnel to identify and conduct 
inspections of higher-risk carriers, and they also diminish the value 
of the advance e-screening for compliant carriers. Lack of inspections 
on non-compliant higher risk carriers may result in adverse safety 
events.
    A transponder is a device that acts as both a transmitter and 
responder and is used to wirelessly receive and transmit data to 
automatically identify and track the object (vehicle) to which the 
transponder is affixed. The transponder is then associated with an 
account holder for identification purposes. These devices are often 
utilized for toll collections.
    Section 4126 of SAFETEA-LU (Pub. L. 109-59, 119 Stat. 1144, Aug. 
10. 2005) required transponder use as part of Commercial Vehicle 
Information Systems and Networks (CVISN) program's Core deployment.\5\ 
States installed dedicated short-range communication (DSRC) transponder 
systems because those were the prevalent technology at the time the 
CVISN program was authorized. In 2013, FMCSA issued internal guidance 
clarifying that transponders include both DSRC and cellular mobile 
radio

[[Page 58052]]

service (CMRS) technology, in recognition that CMRS transponders 
accomplish what is needed and may be more widely available and less 
costly. With the passage of the FAST Act, and its requirement that the 
Secretary ``establish an innovative technology deployment [(ITD)] grant 
program to make discretionary grants to eligible States for the 
innovative technology deployment of commercial motor vehicle 
information systems and networks,'' \6\ FMCSA replaced the CVISN 
program with the ITD program. Unlike the SAFETEA-LU provision, the ITD 
provision in the FAST Act did not specifically require transponder use. 
Accordingly, FMCSA amended its 2016 MCSAP Grant Comprehensive Policy 
\7\ for a broader, performance-based approach to accomplishing e-
screening by-pass, while still maintaining consistency with many of the 
concepts and definitions (including the broader definition of 
transponders) from the CVISN program.
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    \5\ The term Core deployment was defined in paragraph (g)(3) to 
mean the deployment of systems in a State necessary to provide the 
State with certain capabilities, including ``(C) Roadside electronic 
screening to electronically screen transponder-equipped commercial 
vehicles at a minimum of one fixed or mobile inspection site in the 
State and to replicate this screening at other sites in the State.''
    \6\ See 49 U.S.C. 31101(l)(3) (added by sec. 5101(a) of the FAST 
Act (Pub. L. 114-94, 129 Stat. 1514, 1520-1521, Dec. 4, 2015)).
    \7\ https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Motor%20Carrier%20Safety%20Assistance%20Program%20Grant%20Comprehensive%20Policy%20v3.0%20Final%2006-10-2016.pdf (last accessed June 15, 
2022).
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    There are two major transponder-based by-pass providers that cover 
a large portion of continental United States and Canada. In addition, 
there are a few known State systems that provide this functionality as 
well as other products (e.g., LPR and DOT number readers) that use the 
performance-based approach to provide the same service without using a 
traditional transponder.
    Some vehicles are equipped with internet connectivity through 
wireless networks. Trucking companies offer wireless connections 
through cellular coverage areas by connecting existing wireless devices 
to a commercial mobile radio service. Using these services, operators 
of vehicles can send and receive electronic messages, order parts, and 
find loads.
    FMCSA is undertaking an operational test of Level VIII Electronic 
Inspections to enhance its current process for monitoring and enforcing 
motor carrier and driver safety compliance. This test will provide 
insight into several of the issues being considered in this rulemaking. 
The electronic inspections being examined as part of the operational 
test effort would enable FMCSA to assess on-the-road safety compliance 
while a commercial motor vehicle (CMV) is still in motion, minimizing 
disruption to the motor carrier and therefore, supply chain, and doing 
so in a way that significantly reduces large trucks and bus emissions 
across the Nation. This effort would also enable FMCSA to collect more 
safety data about more carriers, with the goal of further reducing 
injuries and fatalities resulting from large truck and bus crashes.
CVSA Petition for Rulemaking
    On July 26, 2010, CVSA submitted a petition for rulemaking 
requesting that FMCSA amend Sec.  390.21 to require that every 
commercial motor vehicle, as defined in Sec.  390.5, used in interstate 
commerce be equipped with an electronic device capable of communicating 
a unique ID number when queried by a law enforcement roadside 
system.\8\ CVSA contended that implementation of a mandate requiring an 
electronic ID would ``facilitate efficiency and efficacy in the 
roadside inspection program by more fully enabling roadside enforcement 
agencies to target their efforts at high-risk operators, while at the 
same time, providing an incentive for safe and legal operations.'' In 
the petition, CVSA did not recommend specific technologies or identify 
specific systems or solutions; it did, however, provide an extensive 
list of minimum suggested functional requirements. CVSA also did not 
explain why motor carriers using vehicles equipped with electronic ID 
would be more incentivized to engage in safe and legal operations, but 
FMCSA assumes the incentive would be not being subject to unnecessary 
roadside inspections.
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    \8\ The petition for rulemaking and request for reconsideration 
submitted by CVSA and the FMCSA denial letter can be found in the 
docket for this ANPRM at https://www.regulations.gov/search?filter=FMCSA-2022-0062.
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    FMCSA denied the petition for rulemaking on May 24, 2013. While 
FMCSA agreed that the use of automated systems to positively identify 
CMVs via an electronic device placed on each CMV would be both feasible 
and supportable given available technologies, the Agency stated it 
would be inappropriate to grant the petition because the Agency lacked 
information necessary to estimate the costs and benefits of an 
electronic ID mandate. FMCSA noted that, before undertaking rulemaking, 
it would be prudent to:
    (1) Fully explore the costs and safety benefits associated with a 
rule to require the use of electronic ID systems on all CMVs;
    (2) Explore the currently available technological options; and
    (3) Work cooperatively with the Federal Highway Administration, 
CVSA, and other interested parties to develop a technically sound, 
cost-effective, long-term approach to identifying CMVs at roadside.
    On February 20, 2015, CVSA asked FMCSA to reconsider its denial 
issued May 24, 2013, and provided information to address the 
deficiencies the Agency had identified in the original petition 
response. After considering the additional information provided by 
CVSA, FMCSA granted the petition for rulemaking on November 2, 2015. 
The petition, 2013 denial letter, request for reconsideration, and 2015 
grant letter are available in the docket for this rulemaking.
Electronic ID in the CMV Industry -- Studies or Reports
    The Joint Explanatory Statement accompanying the Consolidated 
Appropriations Act, 2019, (Pub. L. 116-6, 133 Stat. 13, Feb. 15, 2019) 
\9\ requested that DOT submit certain reports, including the report 
``Safety and Efficiency Effects of Replacing Transponders with License 
Plate Readers to Screen Trucks at Inspection or Weigh Stations: Report 
to Congress.'' \10\ In the report, FMCSA studied the impact of 
replacing existing e-screening transponder systems with LPRs at truck 
inspection or weigh stations.
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    \9\ FMCSA notes that in the 2017 Consolidated Appropriations Act 
(Pub. L. 115-31, 131 Stat. 135, 742, May 5, 2017), FMCSA was 
prohibited from using funds made available by that Act or previous 
appropriations Acts to pay for costs associated with design, 
development, testing, or implementation of a wireless roadside 
inspection program until 180 days after the Secretary of 
Transportation certifies to the House and Senate Committees on 
Appropriations that ``such program does not conflict with existing 
non-Federal electronic screening systems, create capabilities 
already available, or require additional statutory authority to 
incorporate generated inspection data into safety determinations or 
databases, and has restrictions to specifically address privacy 
concerns of affected motor carriers and operators.'' As a result of 
this language, effective May 6, 2017, FMCSA discontinued its 
wireless roadside inspection pilot program, and announced it would 
not be collecting, monitoring, or reviewing data related to the 
wireless roadside inspection pilot program until Congress 
appropriates funds for it to do so.
    \10\ See https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-06/Transponder%20Based%20Weigh%20Station%20Technology%20Report%20Enclosure%20FINAL%20June%202020.pdf/ (last accessed June 14, 2022).
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    The report found that LPR/USDOT number readers and transponders 
each improve the ability to electronically identify CMVs while the 
vehicle is in motion compared to the manual verification done at 
roadside inspection sites. Specifically, LPR/USDOT number readers 
identify the majority of the carrier population (at least 80 percent), 
including carriers with poor safety records and those enrolled in a

[[Page 58053]]

traditional transponder-based bypass system. Transponder and app-based 
(i.e., wireless network-based) systems offer improved identification 
accuracy for a limited portion (13 percent) of the carrier population. 
Participation in these systems is voluntary for fleets, and 
participating fleets must maintain safety standards set by member 
States to stay enrolled. The systems use the same algorithm to inform 
inspection selection based on safety factors. However, the report found 
that regardless of the e-screening system in use at a weigh or 
inspection station, inspectors still often rely on visual cues and 
other factors (e.g., site layout and capacity) to inform inspection 
decisions.

VI. Discussion of ANPRM and Questions

    FMCSA is considering a rulemaking to require all CMVs operating in 
interstate commerce to have an electronic ID system. FMCSA is therefore 
soliciting further information regarding various aspects of electronic 
identification including the best possible technical and operational 
concepts along with associated costs, benefits, security, 
vulnerability, privacy and other relevant deployment and operational 
implications. The questions are organized by topic. As noted in the 
instructions for submitting comments in Section I.A., above, FMCSA 
requests that commenters provide a reason for each suggestion or 
recommendation.

1. General

    a. Should a device capable of transmitting an electronic ID be 
permanently affixed or removable/transferrable to CMVs currently in 
operation? Would FMCSA's rule need to specify?
    b. What data should be included as part of the electronic ID (e.g., 
carrier name, carrier contact information, vehicle ID number, license 
plate number, USDOT number, and gross vehicle weight rating)?
     Should the information be limited to non-PII information? 
If not, why not?
     Should it include information specific to the driver 
(e.g., hours of service, Commercial Driver's License compliance, and 
medical certification)?
     Should it also include information that may vary from trip 
to trip (e.g., axle weight, pre-trip inspection date and time, and GPS 
coordinates and time when requested)?
     Depending on how you answer the above questions, should 
the electronic ID be transferrable in the event of a CMV sale?
     Depending on how you answer the above questions, who 
should be responsible for providing the data set (see question 1.b.) 
associated with the electronic ID for a CMV (i.e., driver, carrier, 
third party)?
    c. Depending on the scope of the data you believe is necessary in 
1.b., how should the data be transmitted and received?
     Can existing technology (e.g., ELDs) be used to collect 
and transmit the electronic ID data and receive a response from 
enforcement officials?
     How far in advance (time, distance) does a state need to 
gather the electronic ID information to positively ID a vehicle and 
message the vehicle whether further inspection is required?
     Should FMCSA propose a standard for the method of data 
transmission, and, if so, what should it be, or do you believe a 
voluntary standard can be developed?
    d. Are there reports or studies not already referenced above 
available regarding the use of electronic devices to identify CMVs that 
FMCSA may find useful in finding a technically sound, cost-effective, 
long-term means to identify CMVs at roadside? If so, please provide the 
references in your responses.
    e. Should the electronic ID be limited only to CMV power units 
(e.g., motorcoaches, truck-tractors) or also include trailers?
    f. How would an electronic ID apply to rented or leased vehicles 
that are operated by different carriers or parties throughout the 
course of the year?
    g. How would or should an electronic ID be tied to States' CMV 
record keeping (e.g., International Registration Plan registration, 
Performance and Registration Information Systems Management (PRISM))?
    h. Are there privacy, health, or coercion concerns FMCSA should 
consider in a future proposal?

2. Functionality

    a. Should the electronic ID framework be flexible so that 
functionality could be added later, as new safety and other vehicle 
technologies emerge?
    b. What operational and/or technical processes should be in place 
for handling situations where messages or data concerning the 
electronic ID do not send or receive correctly?
    c. How quickly can malfunctions in any electronic ID system be 
located and corrected?
    d. What cybersecurity issues (e.g., ``spoofing,'' and interference) 
should FMCSA consider in a future electronic ID proposal? Compare and 
contrast such concerns with the current electronic ID systems.
    e. How could tampering be prevented if some or all data entry or 
transfer is performed manually?

3. Populations Affected

    a. What is the population of trucks that already have a type of 
electronic ID technology (e.g., PrePass, Drivewyze)?
    b. What is the percentage of carriers that are not identified 
through current electronic screening capabilities? Please provide any 
supporting studies or reports.

4. Cost/Benefits

    a. What are the current and potential future safety benefits of 
electronic IDs?
     Are there studies or reports that provide data to support 
the benefits of electronic IDs?
     Would implementing an electronic ID requirement lower 
crash rates, if so, how?
    b. How would requiring an electronic ID impact the overall 
effectiveness of State CMV inspection programs?
    c. How much time would compliant motor carriers save if an 
electronic ID were to be required?
    d. What is the cost of adding electronic ID technology by type 
(e.g., transponder, wireless, software, etc.)?
    e. What is the cost of electronic ID equipment for States, 
carriers, and drivers?
    f. What is the cost of maintaining/operating electronic ID 
equipment (e.g., internet connection, inspection, repair, third party 
contracting fees, etc.)?
    g. What is the additional administrative burden (time and costs not 
already associated with vehicle or carrier registration) for 
registering the electronic ID and updating the registration as 
necessary to ensure that it is associated with the current motor 
carrier responsible for safety?

5. Other

    a. Is there any other information associated with electronic IDs 
that FMCSA should consider? Please describe.

    Issued under the authority of delegation in 49 CFR 1.87.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-20643 Filed 9-22-22; 8:45 am]
BILLING CODE 4910-EX-P


