The On-Ramp: An Autonomous, Connected, and Electric Mobility Newsletter

9 min

Welcome to The On-Ramp, the newsletter published by Venable's Autonomous and Connected Mobility Team. The On-Ramp explores legal and policy developments in the world of autonomous and connected vehicles, smart infrastructure, electrification, and other emerging automotive and mobility technologies, from Capitol Hill to the U.S. Department of Transportation and beyond.

U.S. Department of Transportation

FHWA Request for Information on Medium- and Heavy-Duty Charging Technologies

On September 12, the Federal Highway Administration (FHWA) published a request for information (RFI) regarding Medium- and Heavy-Duty Electric Charging Technologies and Infrastructure Needs. The RFI seeks input on topics to support medium- and heavy-duty (MHD) battery electric vehicles (EV), including (1) unique EV charger and station needs; (2) vehicle charging patterns; (3) MHD EV charger technology and standardization; and (4) workforce, supply chain, and manufacturing to support charging of MHD battery EVs. According to the notice, the goal is to inform appropriate future federal government activities to support the development and deployment of EV chargers to meet the anticipated needs of MHD EV original equipment manufacturers, fleet operators, drivers, charging station operators, and electric utilities. Comments are due November 12, 2024.

FHWA Awards Additional Grants Under the Charging and Fueling Infrastructure Program

On August 27, the Federal Highway Administration (FHWA) announced $521 million in grants under the Charging and Fueling Infrastructure (CFI) grant program to support the buildout of electric vehicle (EV) charging and alternative-fueling infrastructure. The award recipients span 29 states. Of the awarded funds, $321 million will be allocated for 41 "community" projects that expand EV charging infrastructure within communities across the country, and $200 million will go toward 10 "corridor" fast-charging projects that build out the national charging and alternative-fueling network along designated Alternative Fuel Corridors. This is the second disbursement of funds under the first round of CFI grants. On May 30, FHWA published a Notice of Funding Opportunity (NOFO) for the second round of funding under the CFI program.

USDOT Announces V2X Deployment Plan

On August 16, the U.S. Department of Transportation (USDOT) announced a vehicle-to-everything communications (V2X) deployment plan, "Saving Lives with Connectivity: A Plan to Accelerate V2X Deployment." The deployment plan is intended to guide the implementation of V2X technologies nationwide and support USDOT's efforts to reduce roadway fatalities. The August 16 version of the plan follows from a draft version that was first released in October 2023 for public comment. The updated deployment plan is intended to support the Safe System approach adopted by USDOT through the National Roadway Safety Strategy and to build on ongoing work at USDOT concerning V2X deployment.

The deployment plan establishes short-, medium-, and long-term goals to accelerate the deployment of V2X, including:

  • Short-term (2024-28): V2X deployed on 20% of the National Highway System
  • Medium-term (2029-31): V2X deployed on 50% of the National Highway System
  • Long-term (2032-36): V2X fully deployed on the National Highway System

The plan envisions collaboration across federal agencies and the private sector to meet these and other goals, and details key focus areas to enable secure and interoperable deployment of V2X technologies. In coordination with the release of the deployment plan, USDOT held a press conference and panel discussion in which key stakeholders spoke to the importance of a holistic plan for V2X deployment and highlighted the potential safety benefits of this technology.

The plan sets USDOT's vision, goals, and milestones, and issues a call to action for stakeholders, including government at all levels, public agencies, and the private sector. The goals and targets do not imply a legislative or regulatory mandate, and there is no new dedicated federal funding associated with the plan. The plan describes how deployment of V2X can start now and defines the specific actions needed across stakeholder groups. The plan also identifies support available from USDOT and other sources.

USDOT Awards Advanced Vehicle Technology Grants to Texas

On August 12, the Federal Highway Administration (FHWA) announced that it was awarding a $19.2 million grant under the Saving Lives with Connectivity: Accelerating V2X Deployment program to advance connected and interoperable vehicle technologies. The grant will be awarded to Texas A&M Transportation Institute to deploy vehicle-to-everything technology in the Greater Houston area, the City of College Station, and the corridors connecting the two cities. The project is intended to enhance safety, efficiency, and overall mobility for vulnerable road users at signalized intersections, emergency responders navigating through traffic, transit operators seeking efficient routes, workers operating in construction zones, and everyday motorists.

This grant is part of a larger $60 million package awarded to Arizona, Texas, and Utah. In June, FHWA awarded $19.6 million to Arizona's Maricopa County Department of Transportation for the Connected Vehicle Acceleration Zone project. The grant will be used for a large-scale deployment of V2X technologies to connect 750 physical roadside and virtual units to an estimated 400 vehicle onboard units targeting transit, emergency, and freight fleets. The project will deploy emergency vehicle preemption, vulnerable road user detection, transit signal priority, and freight signal priority applications in the cities of Phoenix, Tolleson, Avondale, and Maricopa County, and along U.S. Route 60.

Other Federal Agency Activity

Department of Commerce Issues Proposed Rule on Connected Vehicles

On September 23, 2024, the Department of Commerce Bureau of Industry and Security published a notice of proposed rulemaking (NPRM), "Securing the Information and Communications Technology and Services Supply Chain: Connected Vehicles." This NPRM builds upon the advanced notice of proposed rulemaking issued on March 1, 2024. The purpose of this rule is to prohibit the sale or import of connected vehicles that incorporate specific pieces of hardware and software, or those components sold separately, with a sufficient nexus to the People's Republic of China (PRC) or Russia. BIS states that certain information and communications technologies and services (ICTS) originating from the PRC or Russia present an undue risk to both U.S. critical infrastructure and those who use connected vehicles, and that this proposed rule is a proactive measure designed to protect U.S. national security and the safety of U.S. drivers. The NPRM was published in the Federal Register on September 26, and the comment period closes October 28, 2024.

USTR Announces Final Modifications to Section 301 Tariffs

On September 13, 2024, the Office of the U.S. Trade Representative (USTR) announced it has finalized modifications to Section 301 tariffs on specific imports from the People's Republic of China. The first set of tariffs, which went into effect on September 27, 2024, applies to electric vehicles (EVs), battery parts (not including lithium-ion batteries, or "LIBs"), EV LIBs, face masks, ship-to-shore cranes, many critical minerals, and steel and aluminum products. These modifications raise the tariff on completed EVs to 100%, and additionally raise tariffs on lithium-ion EV batteries and non-lithium-ion battery parts to 25%. Other products, including non-EV LIBs, medical gloves, graphite, and permanent magnets, will be tariffed beginning January 1, 2026. Semiconductors will be tariffed at 50% beginning in 2025. These modifications expand existing tariffs on Chinese-made EVs and EV components to all major parts of the EV supply chain, from critical minerals down to finished cars.

Congress

House and Senate FY25 Department of Transportation Appropriations Bills

On July 25 and 10, respectively, the Senate and House Appropriations Committees approved their fiscal year 2025 Transportation, Housing and Urban Development (THUD) appropriations bills. The House THUD appropriations bill advanced out of Committee by a vote of 31-26, and the Senate version advanced by a vote of 28-1. Appropriations bills are accompanied by reports, which contain more detailed guidance to departments and agencies on spending instructions, directives, expectations, and restrictions. Both the House report and Senate report include numerous provisions related to autonomous vehicles (AVs), vehicle equipment and components, vehicle cybersecurity, and electric vehicles. Neither the House of Representatives nor the Senate held a floor vote for their respective THUD bills before the August recess. Congress did not pass all 12 spending bills by the September 30, 2024 deadline. Prior to leaving for the October recess, the chairman of the House Appropriations Committee, Tom Cole (R-OK), introduced a Continuing Resolution (CR) to fund the government through December 20, 2024. The CR passed both Houses of Congress and was signed into law by President Biden on September 26, 2024. Congress has to pass the full slate of fiscal year funding bills upon its return to Washington following the November 2024 elections.

Hearings
  • Senate Budget Hearing on EVs. On July 31, the Senate Budget Committee held a hearing, "Charging Ahead: The Future of Electric Vehicles." Witnesses at the hearing included (1) Dr. Jesse Jenkins, Assistant Professor and Macro-Scale Energy Systems Engineer, Department of Mechanical and Aerospace Engineering and the Andlinger Center for Energy and Environment, Princeton University; (2) Britta Gross, Director of Transportation, Electric Power Research Institute; (3) Maureen Hinman, Co-Founder and Chairwoman, Silverado Policy Accelerator; (4) Dave Schwietert, Chief Government Affairs and Policy Officer, Alliance for Automotive Innovation; and (5) Jeff Davis, Senior Fellow, Eno Center for Transportation. The purpose of this hearing was to examine the economic, national security, and climate implications of transitioning away from fossil fuels and to understand the opportunities and challenges associated with the transition.
  • House Transportation and Infrastructure Committee Hearing on USDOT's Regulatory and Administrative Agenda. On July 24, the House Transportation and Infrastructure Subcommittee on Highways and Transit held a hearing, "Examining the Department of Transportation's Regulatory and Administrative Agenda." Witnesses at the hearing included (1) Tim Duit, on behalf of the American Road & Transportation Builders Association (ARTBA); (2) Philip K. Bell, CAE, Steel Manufacturers Association (SMA); (3) William "Lewie" Pugh, Owner-Operator, Independent Drivers Association (OOIDA); and (4) Beth Osborne, Director, Transportation for America (T4A). The purpose of the hearing was to examine the Department of Transportation's regulatory and administrative agenda with respect to the modal administrations under the subcommittee's jurisdiction, including FHWA, the Federal Motor Carrier Safety Administration, and NHTSA. Numerous questions asked by members focused on regulation impacting truck drivers and medium- and heavy-duty vehicles. Specifically, members asked questions on the pending automatic emergency braking (AEB) rulemaking, underride guards and the role of the underride advisory committee, speed limiters, and greenhouse gas emissions standards.

States

On August 30, 2024, the California Department of Motor Vehicles (DMV) released draft regulatory language for the operation of autonomous vehicles (AVs) in California. The draft language does not constitute a formal regulatory proposal but is a precursor to the formal rulemaking process, during which there will be an opportunity for public comment. The DMV is seeking informal feedback by October 14, 2024.

The draft regulations propose a unified framework for the operation of both light-duty AVs and heavy-duty AVs with a gross vehicle weight rating over 10,000 pounds. Whereas light-duty AVs have been permitted to operate in California under the DMV's regulatory framework since 2018, heavy-duty AVs have been prohibited from testing and deployment in the state.

* The authors would like to thank Autonomous & Connected Mobility Analyst Tess Brennan for her assistance writing this newsletter.