{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where agency = \"NHTSA\" and title_number = 49 sorted by section_id", "rows": [["49:49:6.1.2.3.10.0.1.1", 49, "Transportation", "V", "", "525", "PART 525\u2014EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 525.1 Scope.", "NHTSA", "", "", "", "This part establishes procedures under section 502(c) of the Motor Vehicle Information and Cost Savings Act, as amended (15 U.S.C. 2002) for the submission and disposition of petitions filed by low volume manufacturers of passenger automobiles to exempt them from the average fuel economy standards for passenger automobiles and to establish alternative average fuel economy standards for those manufacturers."], ["49:49:6.1.2.3.10.0.1.10", 49, "Transportation", "V", "", "525", "PART 525\u2014EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 525.10 Renewal of exemption.", "NHTSA", "", "", "", "A manufacturer exempted under this part may request renewal of its exemption by submitting a petition meeting the requirements of \u00a7\u00a7 525.6 and 525.7."], ["49:49:6.1.2.3.10.0.1.11", 49, "Transportation", "V", "", "525", "PART 525\u2014EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 525.11 Termination of exemption; amendment of alternative average fuel economy standard.", "NHTSA", "", "", "", "(a) Any exemption granted under this part for an affected model year does not apply to a manufacturer that is ineligible under \u00a7 525.5 for an exemption in that model year.\n\n(b) The administrator may initiate rulemaking either on his own motion or on petition by an interested person to terminate an exemption granted under this part or to amend an alternative average fuel economy standard established under this part.\n\n(c) Any interested persons may petition the Administrator to terminate an exemption granted under this part or to amend an alternative average fuel economy standard established under this part."], ["49:49:6.1.2.3.10.0.1.12", 49, "Transportation", "V", "", "525", "PART 525\u2014EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 525.12 Public inspection of information.", "NHTSA", "", "", "[46 FR 2063, Jan. 8, 1981]", "(a) Except as provided in paragraph (b), any person may inspect available information relevant to a petition under this part, including the petition and any supporting data, memoranda of informal meetings with the petitioner or any other interested persons, and the notices regarding the petition, in the Docket Section of the National Highway Traffic Safety Administration. Any person may obtain copies of the information available for inspection under this paragraph in accordance with part 7 of the regulations of the Office of the Secretary of Transportation (49 CFR part 7).\n\n(b) Except for the release of confidential information authorized by section 505 of the Act and part 512 of this chapter, information made available for public inspection does not include information for which confidentiality is requested under \u00a7 525.6(g) and is granted in accordance with part 512 and sections 502 and 505 of the Act and section 552(b) of title 5 of the U.S.C."], ["49:49:6.1.2.3.10.0.1.2", 49, "Transportation", "V", "", "525", "PART 525\u2014EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 525.2 Purpose.", "NHTSA", "", "", "", "The purpose of this part is to provide content and format requirements for low volume manufacturers of passenger automobiles which desire to petition the Administrator for exemption from applicable average fuel economy standards and for establishment of appropriate alternative average fuel economy standards and to give interested persons an opportunity to present data, views and arguments on those petitions."], ["49:49:6.1.2.3.10.0.1.3", 49, "Transportation", "V", "", "525", "PART 525\u2014EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 525.3 Applicability.", "NHTSA", "", "", "", "This part applies to passenger automobile manufacturers."], ["49:49:6.1.2.3.10.0.1.4", 49, "Transportation", "V", "", "525", "PART 525\u2014EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 525.4 Definitions.", "NHTSA", "", "", "[42 FR 38376, July 28, 1977, as amended at 44 FR 55579, Sept. 27, 1979]", "(a) Statutory terms. (1) The terms fuel, manufacture, manufacturer, and model year, are used as defined in section 501 of the Act.\n\n(2) The terms average fuel economy, fuel economy, and model type are used as defined in 40 CFR 600.002-77.\n\n(3) The term automobile means a vehicle determined by the Administrator under 49 CFR part 523 to be an automobile.\n\n(4) The term passenger automobile means an automobile determined by the Administrator under 49 CFR part 523 to be a passenger automobile.\n\n(5) The term customs territory of the United States is used as defined in 19 U.S.C. 1202.\n\n(b) Other terms. (1) The term base level and vehicle configuration are used as defined in 40 CFR 600.002-77.\n\n(2) The term vehicle curb weight is used as defined in 40 CFR 85.002.\n\n(3) The term interior volume index is used as defined in 40 CFR 600.315-77.\n\n(4) The term frontal area is used as defined in 40 CFR 86.129-79.\n\n(5) The term basic engine is used as defined in 40 CFR 600.002-77(a)(21).\n\n(6) The term designated seating position is defined in 49 CFR 571.3.\n\n(7) As used in this part, unless otherwise required by the context:\n\nAct means the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513), as amended by the Energy Policy and Conservation Act (Pub. L. 94-163);\n\nAdministrator means the Administrator of the National Highway Traffic Safety Administration;\n\nAffected model year means a model year for which an exemption and alternative average fuel economy standard are requested under this part;\n\nProduction mix means the number of passenger automobiles, and their percentage of the petitioner's annual total production of passenger automobiles, in each vehicle configuration which a petitioner plans to manufacture in a model year; and\n\nTotal drive ratio means the ratio of an automobile's engine rotational speed (in revolutions per minute) to the automobile's forward speed (in miles per hour)."], ["49:49:6.1.2.3.10.0.1.5", 49, "Transportation", "V", "", "525", "PART 525\u2014EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 525.5 Limitation on eligibility.", "NHTSA", "", "", "", "Any manufacturer that manufactures (whether or not in the customs territory of the United States) 10,000 or more passenger automobiles in the second model year preceding an affected model year or in the affected model year is ineligible for an exemption for that affected model year."], ["49:49:6.1.2.3.10.0.1.6", 49, "Transportation", "V", "", "525", "PART 525\u2014EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 525.6 Requirements for petition.", "NHTSA", "", "", "[42 FR 38376, July 28, 1977, as amended at 44 FR 55579, Sept. 27, 1979; 46 FR 2063, Jan. 8, 1981]", "Each petition filed under this part must\u2014\n\n(a) Identify the model year or years for which exemption is requested;\n\n(b) Be submitted not later than 24 months before the beginning of the affected model year, unless good cause for later submission is shown;\n\n(c) Be submitted in three copies to: Administrator, National Highway Traffic Safety Administration, Washington, DC 20590;\n\n(d) Be written in the English language;\n\n(e) State the full name, address, and title of the official responsible for preparing the petition, and the name and address of the manufacturer;\n\n(f) Set forth in full data, views and arguments of the petitioner supporting the exemption and alternative average fuel economy standard requested by the petitioner, including the information and data specified by \u00a7 525.7 and the calculations and analyses used to develop that information and data. No documents may be incorporated by reference in a petition unless the documents are submitted with the petition;\n\n(g) Specify and segregate any part of the information and data submitted under this part that the petitioner wishes to have withheld from public disclosure in accordance with part 512 of this chapter."], ["49:49:6.1.2.3.10.0.1.7", 49, "Transportation", "V", "", "525", "PART 525\u2014EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 525.7 Basis for petition.", "NHTSA", "", "", "[42 FR 38376, July 28, 1977, as amended at 44 FR 55579, Sept. 27, 1979; 58 FR 18029, Apr. 7, 1993]", "(a) The petitioner shall include the information specified in paragraphs (b) through (h) in its petition.\n\n(b) Whether the petitioner controls, is controlled by, or is under common control with another manufacturer of passenger automobiles, and if so, the nature of that control relationship, and the total number of passenger automobiles manufactured by such other manufacturer or manufacturers.\n\n(c) The total number of passenger automobiles manufactured or likely to be manufactured (whether or not in the customs territory of the United States) by the petitioner in the second model year immediately preceding each affected model year.\n\n(d) For each affected model year, the petitioner's projections of the most fuel efficient production mix of vehicle configurations and base levels of its passenger automobiles which the petitioner could sell in that model year, and a discussion demonstrating that these projections are reasonable. The discussion shall include information showing that the projections are consistent with\u2014\n\n(1) The petitioner's annual total production and production mix of passenger automobiles manufactured or likely to be manufactured in each of the four model years immediately preceding that affected model year;\n\n(2) Its passenger automobile production capacity for that affected model year;\n\n(3) Its efforts to comply with that average fuel economy standard; and\n\n(4) Anticipated consumer demand in the United States for passenger automobiles during that affected model year.\n\n(e) For each affected model year, a description of the following features of each vehicle configuration of the petitioner's passenger automobiles to be manufactured in that affected model year;\n\n(1) Maximum overall body width, overall length, and overall height, determined in accordance with Motor Vehicle Dimensions SAE J1100a (report of Human Engineering Committee, approved September 1973, as revised September 1975);\n\n(2) Vehicle curb weight;\n\n(3) Number of designated seating positions and interior volume index;\n\n(4) Basic engine, displacement, and SAE rated net power, kilowatts;\n\n(5) Fuel metering system, including the number of carburetor barrels, if applicable;\n\n(6) Drive train configuration and total drive ratio;\n\n(7) Emission control system;\n\n(8) Dynamometer road load setting, determined in accordance with 40 CFR part 86, and the method used to determine that setting, including information indicating whether the road load setting was adjusted to account for the presence of air conditioning and whether the setting was based on the use of radial ply tires; and\n\n(9) Use of synthetic lubricants, low viscosity lubricants, or lubricants with additives that affect friction characteristics in the crankcase, differential, and transmission of the vehicles tested under the requirements of 40 CFR parts 86 and 600. With respect to automobiles which will use these lubricants, indicate which one will be used and explain why that type was chosen. With respect to automobiles which will not use these lubricants, explain the reasons for not so doing.\n\n(f) For each affected model year, a fuel economy value for each vehicle configuration specified in 40 CFR 600.506(a)(2), base level, and model type of the petitioner's passenger automobiles to be manufactured in that affected model year calculated in accordance with subpart C of 40 CFR part 600 and based on tests or analyses comparable to those prescribed or permitted under 40 CFR part 600 and a description of the test procedures or analytical methods.\n\n(g) For each affected model year, an average fuel economy figure for the petitioner's passenger automobiles to be manufactured in that affected model year calculated in accordance with 40 CFR 600.510(e) and based upon the fuel economy values provided under paragraph (f) of this section and upon the petitioner's production mix projected under paragraph (d) of this section for the affected model year.\n\n(h) Information demonstrating that the average fuel economy figure provided for each affected model year under paragraph (g) of this section is the maximum feasible average fuel economy achievable by the petitioner for that model year, including\u2014\n\n(1) For each affected model year and each of the two model years immediately following the first affected model year, a description of the technological means selected by the petitioner for improving the average fuel economy of its automobiles to be manufactured in that model year.\n\n(2) A chronological description of the petitioner's past and planned efforts to implement the means described under paragraph (h)(1) of this section.\n\n(3) A description of the effect of other Federal motor vehicle standards on the fuel economy of the petitioner's automobiles.\n\n(4) For each affected model year, a discussion of the alternative and additional means considered but not selected by the petitioner that would have enabled its passenger automobiles to achieve a higher average fuel economy than is achievable with the means described under paragraph (h)(1) of this section. This discussion must include an explanation of the reasons the petitioner had for rejecting these additional and alternative means.\n\n(5) In the case of a petitioner which plans to increase the average fuel economy of its passenger automobiles to be manufactured in either of the two model years immediately following the first affected model year, an explanation of the petitioner's reasons for not making those increases in that affected model year."], ["49:49:6.1.2.3.10.0.1.8", 49, "Transportation", "V", "", "525", "PART 525\u2014EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 525.8 Processing of petitions.", "NHTSA", "", "", "[42 FR 38376, July 28, 1977, as amended at 44 FR 55579, Sept. 27, 1979]", "(a) If a petition is found not to contain the information required by this part, the petition is informed about the areas of insufficiency and advised that the petition will not receive further consideration until the required information is submitted.\n\n(b) The Administrator may request the petitioner to provide information in addition to that required by this part.\n\n(c) The Administrator publishes a proposed decision in the Federal Register. The proposed decision indicates the proposed grant of the petition and establishment of an alternative average fuel economy standard, or the proposed denial of the petition, specifies the reasons for the proposal and invites written public comment on the proposal.\n\n(d) Any interested person may, upon written request to the Administrator not later than 15 days after the publication of a notice under paragraph (c) of this section, meet informally with an appropriate official of the National Highway Traffic Safety Administration to discuss the petition or notice.\n\n(e) After the conclusion of the period for public comment on the proposal, the Administrator publishes a final decision in the Federal Register. The final decision is based on the petition, written public comments, and other available information. The final decision sets forth the grant of the exemption and establishes an alternative average fuel economy standard or the denial of the petition, and the reasons for the decision."], ["49:49:6.1.2.3.10.0.1.9", 49, "Transportation", "V", "", "525", "PART 525\u2014EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 525.9 Duration of exemption.", "NHTSA", "", "", "", "An exemption may be granted under this part for not more than three model years."], ["49:49:6.1.2.3.11.0.1.1", 49, "Transportation", "V", "", "526", "PART 526\u2014PETITIONS AND PLANS FOR RELIEF UNDER THE AUTOMOBILE FUEL EFFICIENCY ACT OF 1980", "", "", "", "\u00a7 526.1 General provisions.", "NHTSA", "", "", "[47 FR 7248, Feb. 18, 1982, as amended at 59 FR 25576, May 17, 1994]", "(a) Applicability. These regulations apply to petitions and plans submitted under the Automobile Fuel Efficiency Act of 1980, Pub. L. 96-425, as codified in Title V of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. 2001 et seq.\n\n(b) Address. Each petition and plan submitted under the applicable provisions of sections 502 and 503 of the Motor Vehicle Information and Cost Savings Act must be addressed to the Administrator, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington DC 20590.\n\n(c) Authority and scope of relief. Each petition or plan must specify the specific provision of the Motor Vehicle Information and Cost Savings Act under which relief is being sought. The petition or plan must also specify the model years for which relief is being sought."], ["49:49:6.1.2.3.11.0.1.2", 49, "Transportation", "V", "", "526", "PART 526\u2014PETITIONS AND PLANS FOR RELIEF UNDER THE AUTOMOBILE FUEL EFFICIENCY ACT OF 1980", "", "", "", "\u00a7 526.2 U.S. production by foreign manufacturer.", "NHTSA", "", "", "[47 FR 7248, Feb. 18, 1982, as amended at 59 FR 25576, May 17, 1994]", "Each petition filed under section 503(b)(3) of the Motor Vehicle Information and Cost Savings Act must contain the following information:\n\n(a) For each model type (as defined by the Environmental Protection Agency in 40 CFR part 600) planned by the petitioner to be sold in the United States (regardless of place of manufacture), and for each model year beginning with the year before the first one for which relief is sought by the petition through the last year covered by the petition, the following information based on the petitioner's current product plan and the assumption that the petition will be granted:\n\n(1) A description of the model type, including car line designation, engine displacement and type, transmission type, and average fuel economy;\n\n(2) U.S. sales projected for the model type;\n\n(3) The average percentage of the cost to the manufacturer of the model type which is attributable to value added in the United States or Canada, determined in accordance with 40 CFR 600.511-80, and the total manufacturing cost per vehicle; and\n\n(4) In the case of model types not offered for sale in the United States before the first year for which relief is sought in the petition or other model types for which expansions in production capacity are planned during the years covered by the petition, information (including any marketing surveys) indicating from where the additional sales will be captured. If sales are projected to be captured from U.S. manufacturers, the petition must provide an estimate of the employment impact on those manufacturers of the lost sales and the gain in employment for the petitioner and its U.S. suppliers.\n\n(b) The total number of persons employed in the United States by the petitioner, excluding non-motor vehicle industry related employees, for each model year covered by the petition and for the model year immediately prior to those years.\n\n(c) A description of how the petitioner's responses to paragraphs (a) and (b) of this section would differ if the petition were denied."], ["49:49:6.1.2.3.11.0.1.3", 49, "Transportation", "V", "", "526", "PART 526\u2014PETITIONS AND PLANS FOR RELIEF UNDER THE AUTOMOBILE FUEL EFFICIENCY ACT OF 1980", "", "", "", "\u00a7 526.3 Transfer of vehicle from non-domestic to domestic fleet.", "NHTSA", "", "", "[47 FR 7248, Feb. 18, 1982, as amended at 59 FR 25576, May 17, 1994]", "Each plan submitted under section 503(b)(4) of the Motor Vehicle Information and Cost Savings Act must contain the following information:\n\n(a) For each model year for which relief is sought in the plan and for each model type of automobile sought to be included by the submitter in its domestic fleet under the plan (i.e., those with at least 50 percent but less than 75 percent U.S. or Canadian value added), provide the following information:\n\n(1) A description of the model type, including engine type and displacement, transmission class, car line designation, and fuel economy;\n\n(2) The projected U.S. sales of the model type;\n\n(3) The average total manufacturing cost per vehicle for the model type;\n\n(4) The percentage of the cost to the manufacturer attributable to value added in the United States or Canada for the model type:\n\n(b) For each year covered by the plan, a list of individual product actions (e.g., change from imported engine to domestically manufactured engine) which will increase the domestic content of the affected vehicles. For each action, provide the model year in which the action will take effect, a description of the nature of the action, and the percentage change in domestic content resulting from the action."], ["49:49:6.1.2.3.11.0.1.4", 49, "Transportation", "V", "", "526", "PART 526\u2014PETITIONS AND PLANS FOR RELIEF UNDER THE AUTOMOBILE FUEL EFFICIENCY ACT OF 1980", "", "", "", "\u00a7 526.4 [Reserved]", "NHTSA", "", "", "", ""], ["49:49:6.1.2.3.11.0.1.5", 49, "Transportation", "V", "", "526", "PART 526\u2014PETITIONS AND PLANS FOR RELIEF UNDER THE AUTOMOBILE FUEL EFFICIENCY ACT OF 1980", "", "", "", "\u00a7 526.5 Earning offsetting monetary credits in future model years.", "NHTSA", "", "", "[47 FR 7248, Feb. 18, 1982, as amended at 59 FR 25576, May 17, 1994]", "Each plan submitted under section 502(l) of the Motor Vehicle Information and Cost Savings Act must contain the following information:\n\n(a) Projected average fuel economy and production levels for the class of automobiles which may fail to comply with a fuel economy standard and for any other classes of automobiles from which credits may be transferred, for the current model year and for each model year thereafter ending with the last year covered by the plan.\n\n(b) A list and full description of each planned product action (e.g., new model, mix change) which will affect the average fuel economy of the class of automobiles subject to the credit earning plan, for each model year beginning with the current model year and ending with the last year covered by the credit earning plan.\n\n(c) The portion of the petitioner's fleet affected by each product action (e.g., all K-cars with 6-cylinder engines) and the number of affected vehicles.\n\n(d) The fuel economy effect of each product action specified under paragraph (b) of this section per affected vehicle."], ["49:49:6.1.2.3.12.0.1.1", 49, "Transportation", "V", "", "529", "PART 529\u2014MANUFACTURERS OF MULTISTAGE AUTOMOBILES", "", "", "", "\u00a7 529.1 Scope and purpose.", "NHTSA", "", "", "", "This part determines, in cases where more than one person is the manufacturer of an automobile, which person is to be treated as the manufacturer for purposes of compliance with Title V of the Motor Vehicle Information and Cost Savings Act, as amended (15 U.S.C. 2001 et seq. ) and rules issued thereunder."], ["49:49:6.1.2.3.12.0.1.2", 49, "Transportation", "V", "", "529", "PART 529\u2014MANUFACTURERS OF MULTISTAGE AUTOMOBILES", "", "", "", "\u00a7 529.2 Applicability.", "NHTSA", "", "", "", "This part applies to incomplete automobile manufacturers, intermediate manufacturers, and final-stage manufacturers of automobiles that are manufactured in two or more stages."], ["49:49:6.1.2.3.12.0.1.3", 49, "Transportation", "V", "", "529", "PART 529\u2014MANUFACTURERS OF MULTISTAGE AUTOMOBILES", "", "", "", "\u00a7 529.3 Definitions.", "NHTSA", "", "", "[42 FR 38372, July 28, 1977, as amended at 42 FR 39983, Aug. 8, 1977]", "(a) Statutory terms. (1) The term automobile is used as defined in section 501 of the Act and in accordance with the determinations in 49 CFR part 523.\n\n(2) The terms manufacture, manufacturer, and fuel economy are used as defined in section 501 of the Act.\n\n(b) Other terms. (1) Act means the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513), as amended by the Energy Policy and Conservation Act (Pub. L. 94-163).\n\n(2) Completed automobile means an automobile that requires no further manufacturing operations to perform its intended function, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting.\n\n(3) Curb weight is defined the same as vehicle curb weight in 40 CFR part 86.\n\n(4) Final-stage manufacturer means a person who performs such manufacturing operations on an incomplete automobile that it becomes a completed automobile.\n\n(5) Frontal area is used as defined in 40 CFR 86.079-2.\n\n(6) Incomplete automobile means an assemblage consisting, as a minimum, of frame and chassis structure, power train, steering system, suspension system, and braking system to the extent that those systems are to be part of the completed automobile, that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed automobile.\n\n(7) Incomplete automobile manufacturer means a person who manufactures an incomplete automobile by assembling components none of which, taken separately, constitute a complete automobile.\n\n(8) Intermediate manufacturer means a person, other than the incomplete automobile manufacturer or the final-stage manufacturer, who performs manufacturing operations on an incomplete automobile."], ["49:49:6.1.2.3.12.0.1.4", 49, "Transportation", "V", "", "529", "PART 529\u2014MANUFACTURERS OF MULTISTAGE AUTOMOBILES", "", "", "", "\u00a7 529.4 Requirements for incomplete automobile manufacturers.", "NHTSA", "", "", "", "(a) Except as provided in paragraph (c) of this section, \u00a7\u00a7 529.5 and 529.6, each incomplete automobile manufacturer is considered, with respect to multistage automobiles incorporating its incomplete automobiles, the manufacturer of the multistage automobiles for purposes of the requirements of Title V and rules issued thereunder.\n\n(b) Each incomplete automobile manufacturer shall furnish with each of its incomplete automobiles, when it is delivered to the subsequent manufacturer, (1) a document that contains the following information\u2014\n\n(i) Name and mailing address of the incomplete automobile manufacturer.\n\n(ii) Month and year during which the incomplete automobile manufacturer performed its last manufacturing operation on the incomplete automobile.\n\n(iii) Identification of the incomplete automobile or group of incomplete automobiles to which the document applies. The identification may be by serial number or otherwise, but it must be sufficient to enable a subsequent manufacturer to ascertain positively that the document applies to a particular incomplete automobile even if the document is not attached to that automobile.\n\n(iv) Fuel economy values determined by the incomplete automobile manufacturer for the automobile in accordance with 40 CFR part 600 and a statement that a fuel economy label containing those values has been prepared in accordance with Environmental Protection Agency regulation by the manufacturer identified in the document.\n\n(v) Maximum curb weight that may not be exceeded by a subsequent manufacturer without invalidating the fuel economy values determined by the incomplete automobile manufacturer.\n\n(vi) Maximum frontal area that may not be exceeded by a subsequent manufacturer without invalidating the fuel economy values determined by the incomplete automobile manufacturer.\n\n(vii) Whether the fuel economy values have been computed with the road load horsepower set to take into account the presence of air conditioning.\n\n(2) A fuel economy label conforming with 40 CFR part 600.\n\n(c)(1) The incomplete automobile manufacturer shall either attach the document specified in paragraph (b)(1) of this section to the incomplete automobile in such a manner that it will not be inadvertently detached or send that document directly to the subsequent manufacturer to which that automobile is delivered.\n\n(2)(i) If the incomplete automobile manufacturer places the portion of the body including the windshield and front seat side windows on the incomplete automobile, that manufacturer shall attach the fuel economy label specified in paragraph (b)(2) of this section to that automobile in accordance with 40 CFR part 600. If the incomplete automobile manufacturer does not place that portion of the body on the incomplete automobile, that manufacturer shall send that label directly to the subsequent manufacturer to which that automobile is delivered.\n\n(ii) Upon request by an intermediate or final-stage manufacturer for a copy of a fuel economy label that is required by paragraph (b)(2) of this section to have been prepared by the incomplete automobile manufacturer for one of its incomplete automobiles, identified by the requesting manufacturer in the same fashion as in the document specified in paragraph (b)(1) of this section, the incomplete automobile manufacturer shall send that manufacturer a copy of the label."], ["49:49:6.1.2.3.12.0.1.5", 49, "Transportation", "V", "", "529", "PART 529\u2014MANUFACTURERS OF MULTISTAGE AUTOMOBILES", "", "", "", "\u00a7 529.5 Requirements for intermediate manufacturers.", "NHTSA", "", "", "", "(a) Except as provided in paragraph (d) of this section and in \u00a7 529.6, each intermediate manufacturer whose manufacturing operations on an incomplete automobile cause it to exceed the maximum curb weight or maximum frontal area set forth in the document furnished it by the incomplete automobile manufacturer under \u00a7 529.4(c)(1) or by a previous intermediate manufacturer under paragraph (b) of this section, as appropriate, is considered the manufacturer of the multistage automobile manufactured from that automobile for the purpose of the requirements of Title V and rules issued thereunder, other than that in part 537, Fuel Economy Reports.\n\n(b) Each intermediate manufacturer of an incomplete automobile shall furnish, in the manner specified in \u00a7 529.4(c), to the subsequent manufacturer of that automobile the document required by \u00a7 529.4(b) regarding that automobile. If any of the changes in the automobile made by the intermediate manufacturer affect the validity of the fuel economy values or other statement in the document or any addendum attached to the document by a previous manufacturer of the automobile, the intermediate manufacturer shall furnish an addendum to the document that contains its name and mailing address and an indication of all changes that should be made in the document to reflect changes that it made in the automobile.\n\n(c) Each intermediate manufacturer that is required by paragraph (b) of this section to furnish an addendum to a document required by \u00a7 529.4(b) shall, within 10 days after completing its manufacturing operations, send a copy of the document and addendum to the Administrator of the Environmental Protection Agency and to the manufacturer previously considered under this part to be the manufacturer of the automobile.\n\n(d)(1) If the intermediate manufacturer's manufacturing operations on an incomplete automobile cause it to exceed the maximum curb weight or maximum frontal area set forth in the document furnished it by the incomplete automobile manufacturer under \u00a7 529.4(c)(1) or a previous intermediate manufacturer under paragraph (b) of this section, as appropriate, that manufacturer shall prepare a new fuel economy label for that automobile in accordance with 40 CFR part 600.\n\n(2) If neither the intermediate manufacturer of an incomplete automobile nor any previous manufacturer of that automobile has placed the portion of the body including the windshield and front seat side windows on that automobile, the intermediate manufacturer shall send the fuel economy label furnished it by the incomplete automobile manufacturer under \u00a7 529.4(c)(2)(i) or a previous intermediate manufacturer under paragraph (d)(2) of this section or prepared by it under paragraph (d)(1) of this section, as appropriate, directly to the subsequent manufacturer to which that automobile is delivered.\n\n(3) If the intermediate manufacturer places the portion of the body including the windshield and front seat side windows on the incomplete automobile, that manufacturer shall attach the fuel economy label furnished it under \u00a7 529.4(c)(i) or paragraph (d)(2) of this section or the fuel economy label prepared by it under paragraph (d)(1) of this section, as appropriate, to that automobile in accordance with 40 CFR part 600.\n\n(4) The intermediate manufacturer shall attach to the incomplete automobile in accordance with 40 CFR part 600 a fuel economy label identical to the label that is required under this part to have been prepared by the manufacturer considered under this part to be the manufacturer of that automobile if:\n\n(i) The portion of the body including the windshield and front seat side windows was added to the incomplete automobile by a previous manufacturer;\n\n(ii) The intermediate manufacturer's manufacturing operations do not cause that automobile to exceed either of the maxima specified in paragraph (d)(1) of this section; and\n\n(iii) That label is not on that automobile when received by the intermediate manufacturer or is removed from that automobile while it is in the possession of that manufacturer.\n\n(5) Upon request by a subsequent intermediate manufacturer or by a final-stage manufacturer for a copy of a fuel economy label prepared by the intermediate manufacturer under paragraph (d)(1) of this section for one of its incomplete automobiles, identified by the requesting manufacturer in the same fashion as in the document specified in \u00a7 529.4(b)(1), the intermediate manufacturer shall send that manufacturer a copy of that label."], ["49:49:6.1.2.3.12.0.1.6", 49, "Transportation", "V", "", "529", "PART 529\u2014MANUFACTURERS OF MULTISTAGE AUTOMOBILES", "", "", "", "\u00a7 529.6 Requirements for final-stage manufacturers.", "NHTSA", "", "", "", "(a) Except as provided in paragraph (c) of this section, each final-stage manufacturer whose manufacturing operations on an incomplete automobile cause the completed automobile to exceed the maximum curb weight or maximum frontal area set forth in the document specified in \u00a7 529.4(b) and furnished it by the incomplete automobile manufacturer under \u00a7 529.4(c)(1) or by the last intermediate manufacturer under \u00a7 529.5(b), as appropriate, is considered the manufacturer of the completed automobile for the purpose of the requirements of Title V and rules issued thereunder, other than those in part 537, Fuel Economy Reports.\n\n(b) Each final-stage manufacturer that becomes the manufacturer of a multistage automobile under paragraph (a) of this section shall, within 10 days after completing its manufacturing operations on that automobile, send written notification of its exceeding the curb weight or frontal area maximum to the Administrator of the Environmental Protection Agency and to the manufacturer previously considered under this part to be the manufacturer of the automobile.\n\n(c)(1) If the final-stage manufacturer becomes the manufacturer of a multistage automobile under paragraph (a)(1) of this section, that manufacturer shall prepare a new fuel economy label for that automobile in accordance with 40 CFR part 600.\n\n(2) If the final-stage manufacturer places the portion of the body including the windshield and front seat side windows on the incomplete automobile, that manufacturer shall attach the fuel economy label furnished by the incomplete automobile manufacturer under \u00a7 529.4(c)(2) or by the last intermediate manufacturer under \u00a7 529.5(d)(2) or the fuel economy label prepared by the final-stage manufacturer under paragraph (c)(1) of this section, as appropriate, to that automobile in accordance with 40 CFR part 600.\n\n(3) The final-stage manufacturer shall attach to the completed automobile in accordance with 40 CFR part 600 a fuel economy label identical to the label that is required under this part to have been prepared by the manufacturer considered under this part to be the manufacturer of that automobile if:\n\n(i) The portion of the body including the windshield and front seat side windows was added to the completed automobile by a previous manufacturer;\n\n(ii) The final-stage manufacturer's manufacturing operations do not cause that automobile to exceed either of the maxima specified in paragraph (c)(1) of this section; and\n\n(iii) That fuel economy label is not on that automobile when received by that manufacturer or is removed from that automobile while it is in the possession of that manufacturer."], ["49:49:6.1.2.3.13.0.1.1", 49, "Transportation", "V", "", "531", "PART 531\u2014PASSENGER AUTOMOBILE AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 531.1 Scope.", "NHTSA", "", "", "[89 FR 52945, June 24, 2024]", "This part establishes average fuel economy standards pursuant to 49 U.S.C. 32902 for passenger automobiles."], ["49:49:6.1.2.3.13.0.1.2", 49, "Transportation", "V", "", "531", "PART 531\u2014PASSENGER AUTOMOBILE AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 531.2 Purpose.", "NHTSA", "", "", "", "The purpose of this part is to increase the fuel economy of passenger automobiles by establishing minimum levels of average fuel economy for those vehicles."], ["49:49:6.1.2.3.13.0.1.3", 49, "Transportation", "V", "", "531", "PART 531\u2014PASSENGER AUTOMOBILE AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 531.3 Applicability.", "NHTSA", "", "", "", "This part applies to manufacturers of passenger automobiles."], ["49:49:6.1.2.3.13.0.1.4", 49, "Transportation", "V", "", "531", "PART 531\u2014PASSENGER AUTOMOBILE AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 531.4 Definitions.", "NHTSA", "", "", "[89 FR 52945, June 24, 2024]", "(a) Statutory terms. (1) The terms average fuel economy, manufacture, manufacturer, and model year are used as defined in 49 U.S.C. 32901.\n\n(2) The terms automobile and passenger automobile are used as defined in 49 U.S.C. 32901 and in accordance with the determination in part 523 of this chapter.\n\n(b) Other terms. As used in this part, unless otherwise required by the context\u2014\n\n(1) The term domestically manufactured passenger automobile means the vehicle is deemed to be manufactured domestically under 49 U.S.C. 32904(b)(3) and 40 CFR 600.511-08.\n\n(2) [Reserved]"], ["49:49:6.1.2.3.13.0.1.5", 49, "Transportation", "V", "", "531", "PART 531\u2014PASSENGER AUTOMOBILE AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 531.5 Fuel economy standards.", "NHTSA", "", "", "[87 FR 26070, May 2, 2022, as amended at 89 FR 12756, Feb. 20, 2024; 89 FR 52945, June 24, 2024; 89 FR 60833, July 29, 2024]", "(a) Except as provided in paragraph (e) of this section, each manufacturer of passenger automobiles shall comply with the fleet average fuel economy standards in table 1 to this paragraph (a), expressed in miles per gallon, in the model year specified as applicable:\n\nTable 1 to Paragraph ( a )\n\n(b) Except as provided in paragraph (e) of this section, for model year 2011, a manufacturer's passenger automobile fleet shall comply with the fleet average fuel economy level calculated for that model year according to figure 1 and the appropriate values in table 2 to this paragraph (b).\n\nWhere:\n \n N is the total number (sum) of passenger automobiles produced by a manufacturer;\n \n N i is the number (sum) of the ith passenger automobile model produced by the manufacturer; and\n \n T i is the fuel economy target of the ith model passenger automobile, which is determined according to the following formula, rounded to the nearest hundredth:\n\nWhere:\n\nN is the total number (sum) of passenger automobiles produced by a manufacturer;\n\nN i is the number (sum) of the ith passenger automobile model produced by the manufacturer; and\n\nT i is the fuel economy target of the ith model passenger automobile, which is determined according to the following formula, rounded to the nearest hundredth:\n\nWhere:\n \n Parameters a, b, c, and d are defined in table 2 to this paragraph (b);\n \n e = 2.718; and\n \n x = footprint (in square feet, rounded to the nearest tenth) of the vehicle model.\n\nWhere:\n\nParameters a, b, c, and d are defined in table 2 to this paragraph (b);\n\ne = 2.718; and\n\nx = footprint (in square feet, rounded to the nearest tenth) of the vehicle model.\n\nTable 2 to paragraph ( b )\u2014 Parameters for the Passenger Automobile Fuel Economy Targets\n\n(c) Except as provided in paragraph (e) of this section, for model years 2012-2031, a manufacturer's passenger automobile fleet shall comply with the fleet average fuel economy level calculated for that model year according to this figure 2 and the appropriate values in this table 3 to this paragraph (c).\n\nWhere:\n \n CAFE required is the fleet average fuel economy standard for a given fleet (domestic passenger automobiles or import passenger automobiles);\n \n Subscript i is a designation of multiple groups of automobiles, where each group's designation, i.e., i = 1, 2, 3, etc., represents automobiles that share a unique model type and footprint within the applicable fleet, either domestic passenger automobiles or import passenger automobiles;\n \n Production i is the number of passenger automobiles produced for sale in the United States within each ith designation, i.e., which share the same model type and footprint;\n \n TARGET i is the fuel economy target in miles per gallon (mpg) applicable to the footprint of passenger automobiles within each ith designation, i.e., which share the same model type and footprint, calculated according to figure 3 to this paragraph (c) and rounded to the nearest hundredth of a mpg, i.e., 35.455 = 35.46 mpg, and the summations in the numerator and denominator are both performed over all models in the fleet in question.\n\nWhere:\n\nCAFE required is the fleet average fuel economy standard for a given fleet (domestic passenger automobiles or import passenger automobiles);\n\nSubscript i is a designation of multiple groups of automobiles, where each group's designation, i.e., i = 1, 2, 3, etc., represents automobiles that share a unique model type and footprint within the applicable fleet, either domestic passenger automobiles or import passenger automobiles;\n\nProduction i is the number of passenger automobiles produced for sale in the United States within each ith designation, i.e., which share the same model type and footprint;\n\nTARGET i is the fuel economy target in miles per gallon (mpg) applicable to the footprint of passenger automobiles within each ith designation, i.e., which share the same model type and footprint, calculated according to figure 3 to this paragraph (c) and rounded to the nearest hundredth of a mpg, i.e., 35.455 = 35.46 mpg, and the summations in the numerator and denominator are both performed over all models in the fleet in question.\n\nWhere:\n \n TARGET is the fuel economy target (in mpg) applicable to vehicles of a given footprint ( FOOTPRINT, in square feet);\n \n Parameters a, b, c, and d are defined in table 3 to this paragraph (c); and\n \n The MIN and MAX functions take the minimum and maximum, respectively, of the included values.\n\nWhere:\n\nTARGET is the fuel economy target (in mpg) applicable to vehicles of a given footprint ( FOOTPRINT, in square feet);\n\nParameters a, b, c, and d are defined in table 3 to this paragraph (c); and\n\nThe MIN and MAX functions take the minimum and maximum, respectively, of the included values.\n\nTable 3 to Paragraph ( c )\u2014Parameters for the Passenger Automobile Fuel Economy Targets, MYs 2012-2031\n\n(d) In addition to the requirements of paragraphs (b) and (c) of this section, each manufacturer, other than manufacturers subject to standards in paragraph (e) of this section, shall also meet the minimum fleet standard for domestically manufactured passenger automobiles expressed in table 4 to this paragraph (d):\n\nTable 4 to Paragraph ( d )\u2014Minimum Fuel Economy Standards for Domestically Manufactured Passenger Automobiles, MYs 2011-2031\n\n(e) The following manufacturers shall comply with the standards indicated in paragraphs (e)(1) through (15) of this section for the specified model years:\n\n(1) Avanti Motor Corporation.\n\nTable 5 to \u00a7 531.5( e )(1)\u2014Average Fuel Economy Standards\n\n(2) Rolls-Royce Motors, Inc.\n\nTable 6 to \u00a7 531.5( e )(2)\u2014Average Fuel Economy Standards\n\n(3) Checker Motors Corporation.\n\nTable 7 to \u00a7 531.5( e )(3)\u2014Average Fuel Economy Standards\n\n(4) Aston Martin Lagonda Limited.\n\nTable 8 to \u00a7 531.5( e )(4)\u2014Average Fuel Economy Standard\n\n(5) Excalibur Automobile Corporation.\n\nTable 9 to \u00a7 531.5( e )(5)\u2014Average Fuel Economy Standards\n\n(6) Lotus Cars Ltd.\n\nTable 10 to \u00a7 531.5( e )(6)\u2014Average Fuel Economy Standards\n\n(7) Officine Alfieri Maserati, S.p.A.\n\nTable 11 to \u00a7 531.5( e )(7)\u2014Average Fuel Economy Standard\n\n(8) Lamborghini of North America.\n\nTable 12 to \u00a7 531.5( e )(8)\u2014Average Fuel Economy Standard\n\n(9) LondonCoach Co., Inc.\n\nTable 13 to \u00a7 531.5( e )(9)\u2014Average Fuel Economy Standard\n\n(10) Automobili Lamborghini S.p.A./Vector Aeromotive Corporation.\n\nTable 14 \u00a7 531.5( e )(10)\u2014Average Fuel Economy Standard\n\n(11) Dutcher Motors, Inc.\n\nTable 15 to \u00a7 531.5( e )(11)\u2014Average Fuel Economy Standard\n\n(12) MedNet, Inc.\n\nTable 16 to \u00a7 531.5( e )(12)\u2014Average Fuel Economy Standard\n\n(13) Vector Aeromotive Corporation.\n\nTable 17 to \u00a7 531.5( e )(13)\u2014Average Fuel Economy Standard\n\n(14) Qvale Automotive Group Srl.\n\nTable 18 to \u00a7 531.5( e )(14)\u2014Average Fuel Economy Standard\n\n(15) Spyker Automobielen B.V.\n\nTable 19 to \u00a7 531.5( e )(15)\u2014Average Fuel Economy Standard\n\n(16) Ferrari.\n\nTable 20 to \u00a7 531.5( e )(16)\u2014Average Fuel Economy Standard\n\n(17) Koenigsegg.\n\nTable 21 to \u00a7 531.5( e )(17)\u2014Average Fuel Economy Standard\n\n(18) McLaren.\n\nTable 22 to \u00a7 531.5( e )(18)\u2014Average Fuel Economy Standard\n\n(19) Mobility Ventures.\n\nTable 23 to \u00a7 531.5( e )(19)\u2014Average Fuel Economy Standard\n\n(20) Pagani.\n\nTable 24 to \u00a7 531.5( e )(20)\u2014Average Fuel Economy Standard"], ["49:49:6.1.2.3.13.0.1.6", 49, "Transportation", "V", "", "531", "PART 531\u2014PASSENGER AUTOMOBILE AVERAGE FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 531.6 Measurement and calculation procedures.", "NHTSA", "", "", "[87 FR 26070, May 2, 2022, as amended at 89 FR 52948, June 24, 2024]", "(a) The fleet average fuel economy performance of all passenger automobiles that are manufactured by a manufacturer in a model year shall be determined in accordance with procedures established by the Administrator of the Environmental Protection Agency (EPA) under 49 U.S.C. 32904 and set forth in 40 CFR part 600.\n\n(b) For model years 2017 through 2031, a manufacturer is eligible to increase the fuel economy performance of passenger cars in accordance with procedures established by the Environmental Protection Agency (EPA) set forth in 40 CFR part 600, subpart F, including adjustments to fuel economy for fuel consumption improvements related to air conditioning (AC) efficiency and off-cycle technologies. Starting in model year 2027, fuel economy increases for fuel consumption improvement values under 40 CFR 86.1868-12 and 40 CFR 86.1869-12 only apply for vehicles propelled by internal combustion engines. Manufacturers must provide reporting on these technologies as specified in \u00a7 537.7 of this chapter by the required deadlines.\n\n(1) Efficient AC technologies. A manufacturer may increase its fleet average fuel economy performance through the use of technologies that improve the efficiency of AC systems pursuant to the requirements in 40 CFR 86.1868-12. Fuel consumption improvement values resulting from the use of those AC systems must be determined in accordance with 40 CFR 600.510-12(c)(3)(i).\n\n(2) Off-cycle technologies on EPA's predefined list. A manufacturer may increase its fleet average fuel economy performance through the use of off-cycle technologies pursuant to the requirements in 40 CFR 86.1869-12 for predefined off-cycle technologies in accordance with 40 CFR 86.1869-12(b). The fuel consumption improvement is determined in accordance with 40 CFR 600.510-12(c)(3)(ii).\n\n(3) Off-cycle technologies using 5-cycle testing. Through model year 2026, a manufacturer may increase its fleet average fuel economy performance through the use of off-cycle technologies tested using the EPA's 5-cycle methodology in accordance with 40 CFR 86.1869-12(c). The fuel consumption improvement is determined in accordance with 40 CFR 600.510-12(c)(3)(ii).\n\n(4) Off-cycle technologies using the alternative EPA-approved methodology. Through model year 2026, a manufacturer may seek to increase its fuel economy performance through use of an off-cycle technology requiring an application request made to the EPA in accordance with 40 CFR 86.1869-12(d).\n\n(i) Eligibility under the Corporate Average Fuel Economy (CAFE) program requires compliance with paragraphs (b)(4)(i)(A) through (C) of this section. Paragraphs (b)(4)(i)(A), (B) and (D) of this section apply starting in model year 2024. Paragraph (b)(4)(i)(E) of this section applies starting in model year 2025.\n\n(A) A manufacturer seeking to increase its fuel economy performance using the alternative methodology for an off-cycle technology, should submit a detailed analytical plan to EPA prior to the applicable model year. The detailed analytical plan may include information, such as planned test procedure and model types for demonstration. The plan will be approved or denied in accordance with 40 CFR 86.1869.12(d).\n\n(B) A manufacturer seeking to increase its CAFE program fuel economy performance using the alternative methodology for an off-cycle technology must submit an official credit application to EPA and obtain approval in accordance with 40 CFR 86.1869.12(e) prior to September of the given model year.\n\n(C) A manufacturer's plans, applications and requests approved by the EPA must be made in consultation with NHTSA. To expedite NHTSA's consultation with the EPA, a manufacturer must concurrently submit its application to NHTSA if the manufacturer is seeking off-cycle fuel economy improvement values under the CAFE program for those technologies. For off-cycle technologies that are covered under 40 CFR 86.1869-12(d), NHTSA will consult with the EPA regarding NHTSA's evaluation of the specific off-cycle technology to ensure its impact on fuel economy and the suitability of using the off-cycle technology to adjust the fuel economy performance.\n\n(D) A manufacturer may request an extension from NHTSA for more time to obtain an EPA approval. Manufacturers should submit their requests 30 days before the deadlines in paragraphs (b)(4)(i)(A) through (C) of this section. Requests should be submitted to NHTSA's Director of the Office of Vehicle Safety Compliance at cafe@dot.gov .\n\n(E) For MYs 2025 and 2026, a manufacturer must respond within 60-days to any requests from EPA or NHTSA for additional information or clarifications to submissions provided pursuant to paragraphs (b)(4)(i)(A) and (B) of this section. Failure to respond within 60 days may result in denial of the manufacturer's request to increase its fuel economy performance through use of an off-cycle technology requests made to the EPA in accordance with 40 CFR 86.1869-12(d).\n\n(ii) Review and approval process. NHTSA will provide its views on the suitability of the technology for that purpose to the EPA. NHTSA's evaluation and review will consider:\n\n(A) Whether the technology has a direct impact upon improving fuel economy performance;\n\n(B) Whether the technology is related to crash-avoidance technologies, safety critical systems or systems affecting safety-critical functions, or technologies designed for the purpose of reducing the frequency of vehicle crashes;\n\n(C) Information from any assessments conducted by the EPA related to the application, the technology and/or related technologies; and\n\n(D) Any other relevant factors.\n\n(iii) Safety. (A) Technologies found to be defective or non-compliant, subject to recall pursuant to part 573 of this chapter, Defect and Noncompliance Responsibility and Reports, due to a risk to motor vehicle safety, will have the values of approved off-cycle credits removed from the manufacturer's credit balance or adjusted to the population of vehicles the manufacturer remedies as required by 49 U.S.C. chapter 301. NHTSA will consult with the manufacturer to determine the amount of the adjustment.\n\n(B) Approval granted for innovative and off-cycle technology credits under NHTSA's fuel efficiency program does not affect or relieve the obligation to comply with the Vehicle Safety Act (49 U.S.C. chapter 301), including the \u201cmake inoperative\u201d prohibition (49 U.S.C. 30122), and all applicable Federal motor vehicle safety standards (FMVSSs) issued thereunder (part 571 of this chapter). In order to generate off-cycle or innovative technology credits manufacturers must state\u2014\n\n( 1 ) That each vehicle equipped with the technology for which they are seeking credits will comply with all applicable FMVSS(s); and\n\n( 2 ) Whether or not the technology has a fail-safe provision. If no fail-safe provision exists, the manufacturer must explain why not and whether a failure of the innovative technology would affect the safety of the vehicle."], ["49:49:6.1.2.3.14.0.1.1", 49, "Transportation", "V", "", "533", "PART 533\u2014LIGHT TRUCK FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 533.1 Scope.", "NHTSA", "", "", "[89 FR 52949, June 24, 2024]", "This part establishes average fuel economy standards pursuant to 49 U.S.C. 32902 for light trucks."], ["49:49:6.1.2.3.14.0.1.2", 49, "Transportation", "V", "", "533", "PART 533\u2014LIGHT TRUCK FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 533.2 Purpose.", "NHTSA", "", "", "", "The purpose of this part is to increase the fuel economy of light trucks by establishing minimum levels of average fuel economy for those vehicles."], ["49:49:6.1.2.3.14.0.1.3", 49, "Transportation", "V", "", "533", "PART 533\u2014LIGHT TRUCK FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 533.3 Applicability.", "NHTSA", "", "", "", "This part applies to manufacturers of light trucks."], ["49:49:6.1.2.3.14.0.1.4", 49, "Transportation", "V", "", "533", "PART 533\u2014LIGHT TRUCK FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 533.4 Definitions.", "NHTSA", "", "", "[89 FR 52949, June 24, 2024]", "(a) Statutory terms. (1) The terms average fuel economy, average fuel economy standard, fuel economy, import, manufacture, manufacturer, and model year are used as defined in 49 U.S.C. 32901.\n\n(2) The term automobile is used as defined in 49 U.S.C. 32901 and in accordance with the determinations in part 523 of this chapter.\n\n(b) Other terms. As used in this part, unless otherwise required by the context\u2014\n\n(1) Light truck is used in accordance with the determinations in part 523 of this chapter.\n\n(2) Captive import means with respect to a light truck, one which is not domestically manufactured, as defined in section 502(b)(2)(E) of the Motor Vehicle Information and Cost Savings Act, but which is imported in the 1980 model year or thereafter by a manufacturer whose principal place of business is in the United States.\n\n(3) 4-wheel drive, general utility vehicle means a 4-wheel drive, general purpose automobile capable of off-highway operation that has a wheelbase of not more than 280 centimeters, and that has a body shape similar to 1977 Jeep CJ-5 or CJ-7, or the 1977 Toyota Land Cruiser.\n\n(4) Basic engine means a unique combination of manufacturer, engine displacement, number of cylinders, fuel system (as distinguished by number of carburetor barrels or use of fuel injection), and catalyst usage.\n\n(5) Limited product line light truck means a light truck manufactured by a manufacturer whose light truck fleet is powered exclusively by basic engines which are not also used in passenger automobiles."], ["49:49:6.1.2.3.14.0.1.5", 49, "Transportation", "V", "", "533", "PART 533\u2014LIGHT TRUCK FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 533.5 Requirements.", "NHTSA", "", "", "[87 FR 26076, May 2, 2022, as amended at 89 FR 52949, June 24, 2024]", "(a) Each manufacturer of light trucks shall comply with the following fleet average fuel economy standards, expressed in miles per gallon, in the model year (MY) specified as applicable:\n\nTable 1 to \u00a7 533.5( a )\n\nTable 2 to \u00a7 533.5( a )\n\nTable 3 to \u00a7 533.5( a )\n\nTable 4 to \u00a7 533.5( a )\n\nWhere:\n \n N is the total number (sum) of light trucks produced by a manufacturer;\n \n N i is the number (sum) of the ith light truck model type produced by a manufacturer; and\n \n T i is the fuel economy target of the ith light truck model type, which is determined according to the following formula, rounded to the nearest hundredth:\n\nWhere:\n\nN is the total number (sum) of light trucks produced by a manufacturer;\n\nN i is the number (sum) of the ith light truck model type produced by a manufacturer; and\n\nT i is the fuel economy target of the ith light truck model type, which is determined according to the following formula, rounded to the nearest hundredth:\n\nWhere:\n \n Parameters a, b, c, and d are defined in Table 5 to this paragraph (a);\n \n e = 2.718; and\n \n x = footprint (in square feet, rounded to the nearest tenth) of the model type.\n\nWhere:\n\nParameters a, b, c, and d are defined in Table 5 to this paragraph (a);\n\ne = 2.718; and\n\nx = footprint (in square feet, rounded to the nearest tenth) of the model type.\n\nTable 5 to \u00a7 533.5( a )\u2014Parameters for the Light Truck Fuel Economy Targets for MYs 2008-2011\n\nWhere:\n \n CAFE required is the fleet average fuel economy standard for a given light truck fleet;\n \n Subscript i is a designation of multiple groups of light trucks, where each group's designation, i.e., i = 1, 2, 3, etc., represents light trucks that share a unique model type and footprint within the applicable fleet;\n \n Production i is the number of light trucks produced for sale in the United States within each ith designation, i.e., which share the same model type and footprint; and\n \n TARGET i is the fuel economy target in miles per gallon (mpg) applicable to the footprint of light trucks within each ith designation, i.e., which share the same model type and footprint, calculated according to either Figure 3 or 4 to this paragraph (a), as appropriate, and rounded to the nearest hundredth of a mpg, i.e., 35.455 = 35.46 mpg, and the summations in the numerator and denominator are both performed over all models in the fleet in question.\n\nWhere:\n\nCAFE required is the fleet average fuel economy standard for a given light truck fleet;\n\nSubscript i is a designation of multiple groups of light trucks, where each group's designation, i.e., i = 1, 2, 3, etc., represents light trucks that share a unique model type and footprint within the applicable fleet;\n\nProduction i is the number of light trucks produced for sale in the United States within each ith designation, i.e., which share the same model type and footprint; and\n\nTARGET i is the fuel economy target in miles per gallon (mpg) applicable to the footprint of light trucks within each ith designation, i.e., which share the same model type and footprint, calculated according to either Figure 3 or 4 to this paragraph (a), as appropriate, and rounded to the nearest hundredth of a mpg, i.e., 35.455 = 35.46 mpg, and the summations in the numerator and denominator are both performed over all models in the fleet in question.\n\nWhere:\n \n TARGET is the fuel economy target (in mpg) applicable to vehicles of a given footprint ( FOOTPRINT, in square feet);\n \n Parameters a, b, c, and d are defined in Table 6 to this paragraph (a); and\n \n The MIN and MAX functions take the minimum and maximum, respectively, of the included values.\n\nWhere:\n\nTARGET is the fuel economy target (in mpg) applicable to vehicles of a given footprint ( FOOTPRINT, in square feet);\n\nParameters a, b, c, and d are defined in Table 6 to this paragraph (a); and\n\nThe MIN and MAX functions take the minimum and maximum, respectively, of the included values.\n\nTable 6 to \u00a7 533.5( a )\u2014Parameters for the Light Truck Fuel Economy Targets for MYs 2012-2016\n\nWhere:\n \n TARGET is the fuel economy target (in mpg) applicable to vehicles of a given footprint ( FOOTPRINT, in square feet);\n \n Parameters a, b, c, d, e, f, g, and h are defined in Table 7 to this paragraph (a); and\n \n The MIN and MAX functions take the minimum and maximum, respectively, of the included values.\n\nWhere:\n\nTARGET is the fuel economy target (in mpg) applicable to vehicles of a given footprint ( FOOTPRINT, in square feet);\n\nParameters a, b, c, d, e, f, g, and h are defined in Table 7 to this paragraph (a); and\n\nThe MIN and MAX functions take the minimum and maximum, respectively, of the included values.\n\nTable 7 to Paragraph ( a )-Parameters for the Light Truck Fuel Economy Targets for MYs 2017-2031\n\n(b)(1) For model year 1979, each manufacturer may:\n\n(i) Combine its 2- and 4-wheel drive light trucks and comply with the average fuel economy standard in paragraph (a) of this section for 2-wheel drive light trucks; or\n\n(ii) Comply separately with the two standards specified in paragraph (a) of this section.\n\n(2) For model year 1979, the standard specified in paragraph (a) of this section for 4-wheel drive light trucks applies only to 4-wheel drive general utility vehicles. All other 4-wheel drive light trucks in that model year shall be included in the 2-wheel drive category for compliance purposes.\n\n(c) For model years 1980 and 1981, manufacturers of limited product line light trucks may:\n\n(1) Comply with the separate standard for limited product line light trucks in Table 1 to paragraph (a) of this section; or\n\n(2) Comply with the other standards specified in paragraph (a) of this section, as applicable.\n\n(d) For model years 1982-91, each manufacturer may:\n\n(1) Combine its 2- and 4-wheel drive light trucks (segregating captive import and other light trucks) and comply with the combined average fuel economy standard specified in paragraph (a) of this section; or\n\n(2) Comply separately with the 2-wheel drive standards and the 4-wheel drive standards (segregating captive import and other light trucks) specified in paragraph (a) of this section.\n\n(e) For model year 1992, each manufacturer shall comply with the average fuel economy standard specified in paragraph (a) of this section (segregating captive import and other light trucks).\n\n(f) For each model year 1996 and thereafter, each manufacturer shall combine its captive imports with its other light trucks and comply with the fleet average fuel economy standard in paragraph (a) of this section.\n\n(g) For model years 2008-2010, at a manufacturer's option, a manufacturer's light truck fleet may comply with the fuel economy standard calculated for each model year according to Figure 1 to paragraph (a) of this section and the appropriate values in Table 5 to paragraph (a) of this section, with said option being irrevocably chosen for that model year and reported as specified in \u00a7 537.8 of this chapter.\n\n(h) For model year 2011, a manufacturer's light truck fleet shall comply with the fleet average fuel economy standard calculated for that model year according to Figure 1 to paragraph (a) of this section and the appropriate values in Table 5 to paragraph (a) of this section.\n\n(i) For model years 2012-2016, a manufacturer's light truck fleet shall comply with the fleet average fuel economy standard calculated for that model year according to Figures 2 and 3 to paragraph (a) of this section and the appropriate values in Table 6 to paragraph (a) of this section.\n\n(j) For model years 2017-2031, a manufacturer's light truck fleet shall comply with the fleet average fuel economy standard calculated for that model year according to figures 2 and 4 to paragraph (a) of this section and the appropriate values in table 7 to paragraph (a) of this section."], ["49:49:6.1.2.3.14.0.1.6", 49, "Transportation", "V", "", "533", "PART 533\u2014LIGHT TRUCK FUEL ECONOMY STANDARDS", "", "", "", "\u00a7 533.6 Measurement and calculation procedures.", "NHTSA", "", "", "[87 FR 26076, May 2, 2022, as amended at 89 FR 52949, June 24, 2024]", "(a) Any reference to a class of light trucks manufactured by a manufacturer shall be deemed\u2014\n\n(1) To include all light trucks in that class manufactured by persons who control, are controlled by, or are under common control with, such manufacturer;\n\n(2) To include only light trucks which qualify as non-passenger vehicles in accordance with \u00a7 523.5 of this chapter based upon the production measurements of the vehicles as sold to dealerships; and\n\n(3) To exclude all light trucks in that class manufactured (within the meaning of paragraph (a)(1) of this section) during a model year by such manufacturer which are exported prior to the expiration of 30 days following the end of such model year.\n\n(b) The fleet average fuel economy performance of all light trucks that are manufactured by a manufacturer in a model year shall be determined in accordance with procedures established by the Administrator of the Environmental Protection Agency (EPA) under 49 U.S.C. 32904 and set forth in 40 CFR part 600.\n\n(c) For model years 2017 through 2031, a manufacturer is eligible to increase the fuel economy performance of light trucks in accordance with procedures established by the Environmental Protection Agency (EPA) set forth in 40 CFR part 600, subpart F, including adjustments to fuel economy for fuel consumption improvements related to air conditioning (AC) efficiency, off-cycle technologies, and hybridization and other performance-based technologies for full-size pickup trucks that meet the requirements specified in 40 CFR 86.1803. Starting in model year 2027, fuel economy increases for fuel consumption improvement values under 40 CFR 86.1868-12 and 40 CFR 86.1869-12 only apply for vehicles propelled by internal combustion engines. Manufacturers must provide reporting on these technologies as specified in \u00a7 537.7 of this chapter by the required deadlines.\n\n(1) Efficient AC technologies. A manufacturer may seek to increase its fleet average fuel economy performance through the use of technologies that improve the efficiency of AC systems pursuant to the requirements in 40 CFR 86.1868-12. Fuel consumption improvement values resulting from the use of those AC systems must be determined in accordance with 40 CFR 600.510-12(c)(3)(i).\n\n(2) Incentives for advanced full-size light-duty pickup trucks. For model year 2023 and 2024, the eligibility of a manufacturer to increase its fuel economy using hybridized and other performance-based technologies for full-size pickup trucks must follow 40 CFR 86.1870-12 and the fuel consumption improvement of these full-size pickup truck technologies must be determined in accordance with 40 CFR 600.510-12(c)(3)(iii). Manufacturers may also combine incentives for full size pickups and dedicated alternative fueled vehicles when calculating fuel economy performance values in 40 CFR 600.510-12.\n\n(3) Off-cycle technologies on EPA's predefined list. A manufacturer may seek to increase its fleet average fuel economy performance through the use of off-cycle technologies pursuant to the requirements in 40 CFR 86.1869-12 for predefined off-cycle technologies in accordance with 40 CFR 86.1869-12(b). The fuel consumption improvement is determined in accordance with 40 CFR 600.510-12(c)(3)(ii).\n\n(4) Off-cycle technologies using 5-cycle testing. Through model year 2026, a manufacturer may only increase its fleet average fuel economy performance through the use of off-cycle technologies tested using the EPA's 5-cycle methodology in accordance with 40 CFR 86.1869-12(c). The fuel consumption improvement is determined in accordance with 40 CFR 600.510-12(c)(3)(ii).\n\n(5) Off-cycle technologies using the alternative EPA-approved methodology. Through model year 2026, a manufacturer may seek to increase its fuel economy performance through the use of an off-cycle technology requiring an application request made to the EPA in accordance with 40 CFR 86.1869-12(d).\n\n(i) Eligibility under the Corporate Average Fuel Economy (CAFE) program requires compliance with paragraphs (c)(5)(i)(A) through (C) of this section. Paragraphs (c)(5)(i)(A), (B) and (D) of this section apply starting in model year 2024. Paragraph (b)(5)(i)(E) of this section applies starting in model year 2025.\n\n(A) A manufacturer seeking to increase its fuel economy performance using the alternative methodology for an off-cycle technology, should submit a detailed analytical plan to EPA prior to the applicable model year. The detailed analytical plan may include information such as, planned test procedure and model types for demonstration. The plan will be approved or denied in accordance with 40 CFR 86.1869-12(d).\n\n(B) A manufacturer seeking to increase its fuel economy performance using the alternative methodology for an off-cycle technology must submit an official credit application to EPA and obtain approval in accordance with 40 CFR 86.1869-12(e) prior to September of the given model year.\n\n(C) A manufacturer's plans, applications and requests approved by the EPA must be made in consultation with NHTSA. To expedite NHTSA's consultation with the EPA, a manufacturer must concurrently submit its application to NHTSA if the manufacturer is seeking off-cycle fuel economy improvement values under the CAFE program for those technologies. For off-cycle technologies that are covered under 40 CFR 86.1869-12(d), NHTSA will consult with the EPA regarding NHTSA's evaluation of the specific off-cycle technology to ensure its impact on fuel economy and the suitability of using the off-cycle technology to adjust the fuel economy performance.\n\n(D) A manufacturer may request an extension from NHTSA for more time to obtain an EPA approval. Manufacturers should submit their requests 30 days before the deadlines above. Requests should be submitted to NHTSA's Director of the Office of Vehicle Safety Compliance at cafe@dot.gov .\n\n(E) For MYs 2025 and 2026, a manufacturer must respond within 60-days to any requests from EPA or NHTSA for additional information or clarifications to submissions provided pursuant to paragraphs (b)(4)(i)(A) and (B) of this section. Failure to respond within 60 days may result in denial of the manufacturer's request to increase its fuel economy performance through use of an off-cycle technology requests made to the EPA in accordance with 40 CFR 86.1869-12(d).\n\n(ii) Review and approval process. NHTSA will provide its views on the suitability of the technology for that purpose to the EPA. NHTSA's evaluation and review will consider:\n\n(A) Whether the technology has a direct impact upon improving fuel economy performance;\n\n(B) Whether the technology is related to crash-avoidance technologies, safety critical systems or systems affecting safety-critical functions, or technologies designed for the purpose of reducing the frequency of vehicle crashes;\n\n(C) Information from any assessments conducted by the EPA related to the application, the technology and/or related technologies; and\n\n(D) Any other relevant factors.\n\n(E) NHTSA will collaborate to host annual meetings with EPA at least once by July 30th before the model year begins to provide general guidance to the industry on past off-cycle approvals.\n\n(iii) Safety. (A) Technologies found to be defective or non-compliant, subject to recall pursuant to part 573 of this chapter, Defect and Noncompliance Responsibility and Reports, due to a risk to motor vehicle safety, will have the values of approved off-cycle credits removed from the manufacturer's credit balance or adjusted to the population of vehicles the manufacturer remedies as required by 49 U.S.C. chapter 301. NHTSA will consult with the manufacturer to determine the amount of the adjustment.\n\n(B) Approval granted for innovative and off-cycle technology credits under NHTSA's fuel efficiency program does not affect or relieve the obligation to comply with the Vehicle Safety Act (49 U.S.C. chapter 301), including the \u201cmake inoperative\u201d prohibition (49 U.S.C. 30122), and all applicable Federal motor vehicle safety standards issued thereunder (FMVSSs) (part 571 of this chapter). In order to generate off-cycle or innovative technology credits manufacturers must state\u2014\n\n( 1 ) That each vehicle equipped with the technology for which they are seeking credits will comply with all applicable FMVSS(s); and\n\n( 2 ) Whether or not the technology has a fail-safe provision. If no fail-safe provision exists, the manufacturer must explain why not and whether a failure of the innovative technology would affect the safety of the vehicle."], ["49:49:6.1.2.3.15.0.1.1", 49, "Transportation", "V", "", "534", "PART 534\u2014RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS", "", "", "", "\u00a7 534.1 Scope.", "NHTSA", "", "", "[76 FR 57492, Sept. 15, 2011]", "This part defines the rights and responsibilities of manufacturers in the context of changes in corporate relationships for purposes of the fuel economy and fuel consumption programs established by 49 U.S.C. chapter 329."], ["49:49:6.1.2.3.15.0.1.2", 49, "Transportation", "V", "", "534", "PART 534\u2014RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS", "", "", "", "\u00a7 534.2 Applicability.", "NHTSA", "", "", "[76 FR 57492, Sept. 15, 2011]", "This part applies to manufacturers of passenger automobiles, light trucks, heavy-duty vehicles and the engines manufactured for use in heavy-duty vehicles as defined in 49 CFR part 523."], ["49:49:6.1.2.3.15.0.1.3", 49, "Transportation", "V", "", "534", "PART 534\u2014RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS", "", "", "", "\u00a7 534.3 Definitions.", "NHTSA", "", "", "", "(a) Statutory definitions and terms. All terms used in 49 U.S.C. Chapter 329 are used according to their statutory meaning.\n\n(b) As used in this part\u2014\n\n\u201cControl relationship\u201d means the relationship that exists between manufacturers that control, are controlled by, or are under common control with, one or more other manufacturers.\n\n\u201cPredecessor\u201d means a manufacturer whose rights have been vested in and whose burdens have been assumed by another manufacturer.\n\n\u201cSuccessor\u201d means a manufacturer that has become vested with the rights and assumed the burdens of another manufacturer."], ["49:49:6.1.2.3.15.0.1.4", 49, "Transportation", "V", "", "534", "PART 534\u2014RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS", "", "", "", "\u00a7 534.4 Successors and predecessors.", "NHTSA", "", "", "[76 FR 57492, Sept. 15, 2011]", "For purposes of the fuel economy and fuel consumption programs, \u201cmanufacturer\u201d includes \u201cpredecessors\u201d and \u201csuccessors\u201d to the extent specified in this section.\n\n(a) Successors are responsible for any civil penalties that arise out of fuel economy and fuel consumption shortfalls incurred and not satisfied by predecessors.\n\n(b) If one manufacturer has become the successor of another manufacturer during a model year, all of the vehicles or engines produced by those manufacturers during the model year are treated as though they were manufactured by the same manufacturer. A manufacturer is considered to have become the successor of another manufacturer during a model year if it is the successor on September 30 of the corresponding calendar year and was not the successor for the preceding model year.\n\n(c)(1) For passenger automobiles and light trucks, fuel economy credits earned by a predecessor before or during model year 2007 may be used by a successor, subject to the availability of credits and the general three-year restriction on carrying credits forward and the general three-year restriction on carrying credits backward. Fuel economy credits earned by a predecessor after model year 2007 may be used by a successor, subject to the availability of credits and the general five-year restriction on carrying credits forward and the general three-year restriction on carrying credits backward.\n\n(2) For heavy-duty vehicles and heavy-duty vehicle engines, available fuel consumption credits earned by a predecessor after model year 2015, and in model years 2013, 2014 and 2015 if a manufacturer voluntarily complies in those model years, may be used by a successor, subject to the availability of credits and the general five-year restriction on carrying credits forward and the general three year restriction on carrying credits backward.\n\n(d)(1) For passenger automobiles and light trucks, fuel economy credits earned by a successor before or during model year 2007 may be used to offset a predecessor's shortfall, subject to the availability of credits and the general three-year restriction on carrying credits forward and the general three-year restriction on carrying credits backward. Credits earned by a successor after model year 2007 may be used to offset a predecessor's shortfall, subject to the availability of credits and the general five-year restriction on carrying credits forward and the general three-year restriction on carrying credits backward.\n\n(2) For heavy-duty vehicles and heavy-duty vehicle engines, available credits earned by a successor after model year 2015, and in model years 2013, 2014 and 2015, if a manufacturer voluntarily complies in those model years, may be used by a predecessor subject to the availability of credits and the general five-year restriction on carrying credits forward and the general three year restriction on carrying credits backward."], ["49:49:6.1.2.3.15.0.1.5", 49, "Transportation", "V", "", "534", "PART 534\u2014RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS", "", "", "", "\u00a7 534.5 Manufacturers within control relationships.", "NHTSA", "", "", "[69 FR 77671, Dec. 28, 2004, as amended at 74 FR 14452, Mar. 30, 2009; 76 FR 57492, Sept. 15, 2011]", "(a) If a civil penalty arises out of a fuel economy or fuel consumption shortfall incurred by a group of manufacturers within a control relationship, each manufacturer within that group is jointly and severally liable for the civil penalty.\n\n(b) A manufacturer is considered to be within a control relationship for an entire model year if and only if it is within that relationship on September 30 of the calendar year in which the model year ends.\n\n(c)(1) For passenger automobiles and light trucks, fuel economy credits of a manufacturer within a control relationship may be used by the group of manufacturers within the control relationship to offset shortfalls, subject to the agreement of the other manufacturers, the availability of the credits, and the general three year restriction on carrying credits forward or backward prior to or during model year 2007, or the general five year restriction on carrying credits forward and the general three-year restriction on carrying credits backward after model year 2007.\n\n(2) For heavy-duty vehicles and heavy-duty engines, credits of a manufacturer within a control relationship may be used by the group of manufacturers within the control relationship to offset shortfalls, subject to the agreement of the other manufacturers, the availability of the credits, the general 5-year restriction on carrying credits forward, and the general three year restriction on offsetting past credit shortfalls as specified in the requirements of 49 CFR 535.7.\n\n(d)(1) For passenger automobiles and light trucks, if a manufacturer within a group of manufacturers is sold or otherwise spun off so that it is no longer within that control relationship, the manufacturer may use credits that were earned by the group of manufacturers within the control relationship while the manufacturer was within that relationship, subject to the agreement of the other manufacturers, the availability of the credits, and the general three-year restriction on carrying credits forward or backward prior to or during model year 2007, or the general five-year restriction on carrying credits forward and the general three-year restriction on carrying credits backward after model year 2007.\n\n(2) For heavy-duty vehicles and heavy-duty vehicle engines, if a manufacturer within a group of manufacturers is sold or otherwise spun off so that it is no longer within that control relationship, the manufacturer may use credits that were earned by the group of manufacturers within the control relationship while the manufacturer was within that relationship, subject to the agreement of the other manufacturers, the availability of the credits, the general 5-year restriction on carrying credits forward, and the general three year restriction on offsetting past credit shortfalls as specified in the requirements of 49 CFR 535.7.\n\n(e) Agreements among manufacturers in a control relationship related to the allocation of credits or liabilities addressed by this section shall be filed with the agency within 60 days of the end of each model year in the same form as specified in section 534.6. The manufacturers may seek confidential treatment for information provided in the certified report in accordance with 49 CFR part 512."], ["49:49:6.1.2.3.15.0.1.6", 49, "Transportation", "V", "", "534", "PART 534\u2014RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS", "", "", "", "\u00a7 534.6 Reporting corporate transactions.", "NHTSA", "", "", "[76 FR 57493, Sept. 15, 2011]", "Manufacturers who have entered into written contracts transferring rights and responsibilities such that a different manufacturer owns the controlling stock or exerts control over the design, production or sale of automobiles or heavy-duty vehicles to which Corporate Average Fuel Economy or Fuel Consumption standards apply shall report the contract to the agency as follows:\n\n(a) The manufacturers must file a certified report with the agency affirmatively stating that the contract transfers rights and responsibilities between them such that one manufacturer has assumed a controlling stock ownership or control over the design, production or sale of vehicles. The report must also specify the first full model year to which the transaction will apply.\n\n(b) Each report shall\u2014\n\n(1) Identify each manufacturer;\n\n(2) State the full name, title, and address of the official responsible for preparing the report;\n\n(3) Identify the production year being reported on;\n\n(4) Be written in the English language; and\n\n(5) Be submitted to: Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590.\n\n(c) The manufacturers may seek confidential treatment for information provided in the certified report in accordance with 49 CFR part 512."], ["49:49:6.1.2.3.15.0.1.7", 49, "Transportation", "V", "", "534", "PART 534\u2014RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS", "", "", "", "\u00a7 534.7 Situations not directly addressed by this part.", "NHTSA", "", "", "", "To the extent that this part does not directly address an issue concerning the rights and responsibilities of manufacturers in the context of a change in corporate relationships, the agency will make determinations based on interpretation of the statute and the principles reflected in the part."], ["49:49:6.1.2.3.15.0.1.8", 49, "Transportation", "V", "", "534", "PART 534\u2014RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS", "", "", "", "\u00a7 534.8 Shared corporate relationships.", "NHTSA", "", "", "[81 FR 74237, Oct. 25, 2016]", "(a) Vehicles and engines built by multiple manufacturers can share responsibility for complying with fuel consumption standards in 49 CFR part 535, by following the EPA requirements in 40 CFR 1037.620 and by sending a joint agreement between the parties to EPA and NHTSA before submitting any certificates of conformity for the applicable vehicles or engines in accordance with 40 CFR part 1036, subpart C, and 40 CFR part 1037, subpart C.\n\n(1) Each joint agreement must\u2014\n\n(i) Define how each manufacturer shares responsibility for the planned vehicles or engines.\n\n(ii) Specify which manufacturer(s) will be responsible for the EPA certificates of conformity;\n\n(iii) Describe the planned vehicles and engines in terms of the model types, production volumes, and model years (if known);\n\n(iv) Describe which manufacturer(s) have engineering and design control and sale distribution ownership over the vehicles and/or engines; and\n\n(v) Include signatures from all parties involved in the shared corporate relationship.\n\n(2) After defining the shared relationship between the manufacturers, any contractual changes must be notified to EPA and NHTSA before the next model year's production of the applicable vehicles or engines begins.\n\n(3) Multiple manufacturers must designate the same shared responsibility for complying with fuel consumption standards as selected for GHG standards unless otherwise allowed by EPA and NHTSA.\n\n(b) NHTSA and EPA reserve the right to reject the joint agreement."], ["49:49:6.1.2.3.16.0.1.1", 49, "Transportation", "V", "", "535", "PART 535\u2014MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM", "", "", "", "\u00a7 535.1 Scope.", "NHTSA", "", "", "[89 FR 18819, Mar. 15, 2024]", "This part establishes fuel consumption standards pursuant to 49 U.S.C. 32902(k) for work trucks and commercial medium- and heavy-duty on-highway vehicles (hereafter referenced as heavy-duty vehicles), and engines manufactured for sale in the United States. This part establishes a credit program that manufacturers may use to comply with standards and requirements for manufacturers to provide reports to the National Highway Traffic Safety Administration regarding their efforts to reduce the fuel consumption of heavy-duty vehicles and engines."], ["49:49:6.1.2.3.16.0.1.10", 49, "Transportation", "V", "", "535", "PART 535\u2014MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM", "", "", "", "\u00a7 535.10 How do manufacturers comply with fuel consumption standards?", "NHTSA", "", "", "[81 FR 74238, Oct. 25, 2016, as amended at 89 FR 18831, Mar. 15, 2024]", "(a) Pre-certification process. (1) Regulated manufacturers determine eligibility to use exemptions or exclusions in accordance with \u00a7 535.3.\n\n(2) Manufacturers may seek preliminary approvals as specified in 40 CFR 1036.210 and 40 CFR 1037.210 from EPA and NHTSA, if needed. Manufacturers may request to schedule pre-certification meetings with EPA and NHTSA prior to submitting approval requests for certificates of conformity to address any joint compliance issues and gain informal feedback from the agencies.\n\n(3) [Reserved]\n\n(4) In circumstances in which EPA provides multiple compliance approaches manufacturers must choose the same compliance path to comply with NHTSA's fuel consumption standards that they choose to comply with EPA's greenhouse gas emission standards.\n\n(5) Manufacturers may not introduce new vehicles into commerce without a certificate of conformity from EPA. Manufacturers must attest to several compliance standards in order to obtain a certificate of conformity. This includes stating comparable fuel consumption results for all required CO 2 emissions rates. Manufacturers not completing these steps do not comply with the NHTSA fuel consumption standards.\n\n(6) Manufacturers apply the fuel consumption standards specified in \u00a7 535.5 to vehicles, engines and components that represent production units and components for vehicle and engine families, subfamilies and configurations consistent with the EPA specifications in 40 CFR 86.1819, 1036.230, and 1037.230. Vehicles required to meet the fuel consumption standards of this part must also comply with the following additional requirements, consistent with CFR 1037.115(a) and (d):\n\n(i) Adjustable parameters. Vehicles that have adjustable parameters must meet all the requirements of this part for any adjustment in the practically adjustable range. We may require that you set adjustable parameters to any specification within the practically adjustable range during any testing. See 40 CFR 1068.50 for general provisions related to adjustable parameters. You must ensure safe vehicle operation throughout the practically adjustable range of each adjustable parameter, including consideration of production tolerances. Note that adjustable roof fairings and trailer rear fairings are deemed not to be adjustable parameters.\n\n(ii) Defeat devices. Consistent with 40 CFR 1068.101, the use of defeat devices is prohibited.\n\n(7) Only certain vehicles and engines are allowed to comply differently between the NHTSA and EPA programs as detailed in this section. These vehicles and engines must be identified by manufacturers in the ABT and production reports required in \u00a7 535.8.\n\n(b) Model year compliance. Manufacturers are required to conduct testing to demonstrate compliance with CO 2 exhaust emissions standards in accordance with EPA's provisions in 40 CFR part 600, subpart B, 40 CFR 1036, subpart F, 40 CFR part 1037, subpart R, and 40 CFR part 1066. Manufacturers determine equivalent fuel consumption performance values for CO 2 results as specified in \u00a7 535.6 and demonstrate compliance by comparing equivalent results to the applicable fuel consumption standards in \u00a7 535.5.\n\n(c) End-of-the-year process. Manufacturers comply with fuel consumption standards after the end of each model year, if\u2014\n\n(1) For heavy-duty pickup trucks and vans, the manufacturer's fleet average performance, as determined in \u00a7 535.6, is less than the fleet average standard; or\n\n(2) For truck tractors, vocational vehicles, and engines the manufacturer's fuel consumption performance for each vehicle or engine family (or subfamily), as determined in \u00a7 535.6, is lower than the applicable regulatory subcategory standards in \u00a7 535.5.\n\n(3) [Reserved]\n\n(4) NHTSA will use the EPA final verified values as specified in 40 CFR 86.1819, 40 CFR 1036.755, and 1037.755 for making final determinations on whether vehicles and engines comply with fuel consumption standards.\n\n(5) A manufacturer fails to comply with fuel consumption standards if its final reports are not provided in accordance with \u00a7 535.8 and 40 CFR 86.1865, 1036.730, and 1037.730. Manufacturers not providing complete or accurate final reports or any plans by the required deadlines do not comply with fuel consumption standards. A manufacturer that is unable to provide any emissions results along with comparable fuel consumption values must obtain permission for EPA to exclude the results prior to the deadline for submitting final reports.\n\n(6) A manufacturer that would otherwise fail to directly comply with fuel consumption standards as described in paragraphs (c)(1) through (3) of this section may use one or more of the credit flexibilities provided under the NHTSA averaging, banking and trading program, as specified in \u00a7 535.7, but must offset all credit deficits in its averaging sets to achieve compliance.\n\n(7) A manufacturer failing to comply with the provisions specified in this part may be liable to pay civil penalties in accordance with \u00a7 535.9.\n\n(8) A manufacturer may also be liable to pay civil penalties if found by EPA or NHTSA to have provided false information as identified through NHTSA or EPA enforcement audits or new vehicle verification testing as specified in \u00a7 535.9 and 40 CFR parts 86, 1036, and 1037."], ["49:49:6.1.2.3.16.0.1.2", 49, "Transportation", "V", "", "535", "PART 535\u2014MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM", "", "", "", "\u00a7 535.2 Purpose.", "NHTSA", "", "", "", "The purpose of this part is to reduce the fuel consumption of new heavy-duty vehicles and engines by establishing maximum levels for fuel consumption standards while providing a flexible credit program to assist manufacturers in complying with standards."], ["49:49:6.1.2.3.16.0.1.3", 49, "Transportation", "V", "", "535", "PART 535\u2014MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM", "", "", "", "\u00a7 535.3 Applicability.", "NHTSA", "", "", "[81 FR 74238, Oct. 25, 2016, as amended at 89 FR 18819, Mar. 15, 2024]", "(a) This part applies to manufacturers that produce complete and incomplete heavy-duty vehicles as defined in 49 CFR part 523, and to the manufacturers of all heavy-duty engines manufactured for use in the applicable vehicles for each given model year.\n\n(b) This part also applies to alterers, final stage manufacturers, and intermediate manufacturers producing vehicles and engines or assembling motor vehicles or motor vehicle equipment under special conditions. Manufacturers comply with this part by following the special conditions in 40 CFR 1037.620, 1037.621, and 1037.622 in which EPA allows manufacturer to:\n\n(1) Share responsibility for the vehicles they produce. Manufacturers sharing responsibility for complying with emissions and fuel consumption standards must submit to the agencies a joint agreement as specified in 49 CFR 534.8(a);\n\n(2) Have certificate holders sell or ship vehicles that are missing certain emission-related components to be installed by secondary vehicle manufacturers;\n\n(3) Ship partially complete vehicles to secondary manufacturers;\n\n(4) Build electric vehicles; and\n\n(5) Build alternative fueled vehicles from all types of heavy duty engine conversions. The conversion manufacturer must:\n\n(i) Install alternative fuel conversion systems into vehicles acquired from vehicle manufacturers prior to first retail sale or prior to the vehicle's introduction into interstate commerce.\n\n(ii) Be designated by the vehicle manufacturer and EPA to be the certificate holder.\n\n(iii) Omit alternative fueled vehicles from compliance with vehicle fuel consumption standards, if\u2014\n\n(A) Excluded from EPA emissions standards; and\n\n(B) A reasonable technical basis exist that the modified vehicle continues to meet emissions and fuel consumption vehicle standards.\n\n(c) Vehicle and engine manufacturers that must comply with this part include manufacturers required to have approved certificates of conformity from EPA as specified in subparts C in 40 CFR parts 1036 and 1037.\n\n(d) The following heavy-duty vehicles and engines are excluded from the requirements of this part:\n\n(1) Vehicles and engines manufactured prior to January 1, 2014, unless certified early under NHTSA's voluntary provisions in \u00a7 535.5.\n\n(2) Medium-duty passenger vehicles and other vehicles subject to the light-duty corporate average fuel economy standards in 49 CFR parts 531 and 533.\n\n(3) Recreational vehicles, including motor homes manufactured before January 1, 2021, except those produced by manufacturers voluntarily complying with NHTSA's early vocational standards for model years 2013 through 2020.\n\n(4) Aircraft vehicles meeting the definition of \u201cmotor vehicle\u201d. For example, this would include certain convertible aircraft that can be adjusted to operate on public roads.\n\n(5) [Reserved]\n\n(6) Engines installed in heavy-duty vehicles that are not used to propel vehicles. Note, this includes engines used to indirectly propel vehicles (such as electrical generator engines that power to batteries for propulsion).\n\n(7) The provisions of this part do not apply to engines that are not internal combustion engines. For example, the provisions of this part do not apply to fuel cells. Note that gas turbine engines are internal combustion engines.\n\n(e) The following heavy-duty vehicles and engines are exempted from the requirements of this part:\n\n(1) Off-road vehicles. Vocational vehicles intended for off-road use are exempt with or without request, subject to the provisions of \u00a7 535.5(b)(9).\n\n(2) Small business manufacturers. (i) For Phase 1, small business manufacturers are exempted from the vehicle and engine standards of \u00a7 535.5 but must comply with the reporting requirements of \u00a7 535.8(g).\n\n(ii) For Phase 2, fuel consumption standards apply on a delayed schedule for manufacturers meeting the small business criteria specified in 13 CFR 121.201 and in 40 CFR 86.1819-14(k)(5), 1036.150, and 1037.150.\n\n(A) Qualifying manufacturers of truck tractors, vocational vehicles, heavy duty pickups and vans, and engines are not subject to the fuel consumption standards for vehicles built before January 1, 2022, and engines (such as those engines built by small alternative fuel engine converters) with a date of manufacturer on or after November 14, 2011, and before January 1, 2022. Qualifying manufacturers may choose to voluntarily comply early.\n\n(B) Small manufacturers that certify their entire U.S.-directed production volume to the Phase 1 standards for calendar year 2021 may certify to the Phase 1 standards for model year 2022 (instead of the otherwise applicable Phase 2 standards).\n\n(iii) Small business manufacturers producing vehicles and engines that run on any fuel other than gasoline, E85, or diesel fuel meeting the criteria specified in 13 CFR 121.201 and in 40 CFR 86.1819-14(k)(5), 1036.150, and 1037.150 may delay complying with every new mandatory standard under this part by one model year.\n\n(3) [Reserved]\n\n(4) Engines for specialty vehicles. Engines certified to the alternative standards specified in 40 CFR 86.007-11 and 86.008-10 for use in specialty vehicles as described in 40 CFR 1037.605. Compliance with the vehicle provisions in 40 CFR 1037.605 satisfies compliance for NHTSA under this part.\n\n(f) For model year 2021 and later, vocational vehicle manufacturers building custom chassis vehicles ( e.g. emergency vehicles) may be exempted from standards in \u00a7 535.5(b)(4) and may comply with alternative fuel consumption standards as specified in \u00a7 535.5(b)(6). Manufacturers complying with alternative fuel consumption standards in \u00a7 535.5(b)(6) are restricted in using fuel consumption credits as specified in \u00a7 535.7(c).\n\n(g) The fuel consumption standards in some cases apply differently for spark-ignition and compression-ignition engines or vehicles as specified in 40 CFR parts 1036 and 1037. Engine requirements are similarly differentiated by engine type and by primary intended service class, as described in 40 CFR 1036.140.\n\n(h) NHTSA may exclude or exempt vehicles and engines under special conditions allowed by EPA in accordance with 40 CFR parts 85, 86, 1036, 1037, 1039, and 1068. Manufacturers should consult the agencies if uncertain how to apply any EPA provision under the NHTSA fuel consumption program. It is recommend that manufacturers seek clarification before producing a vehicle. Upon notification by EPA of a fraudulent use of an exemption, NHTSA reserves that right to suspend or revoke any exemption or exclusion.\n\n(i) In cases where there are differences between the application of this part and the corresponding EPA program regarding whether a vehicle is regulated or not (such as due to differences in applicability resulting from differing agency definitions, etc.), manufacturers should contact the agencies to identify these vehicles and assess the applicability of the agencies' standards. The agencies will provide guidance on how the vehicles can comply. Manufacturers are required to identify these vehicles in their final reports submitted in accordance with \u00a7 535.8."], ["49:49:6.1.2.3.16.0.1.4", 49, "Transportation", "V", "", "535", "PART 535\u2014MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM", "", "", "", "\u00a7 535.4 Definitions.", "NHTSA", "", "", "[89 FR 18819, Mar. 15, 2024, as amended at 89 FR 52950, June 24, 2024]", "The terms manufacture , manufacturer , commercial medium-duty on highway vehicle , commercial heavy-duty on highway vehicle , fuel , and work truck are used as defined in 49 U.S.C. 32901. See 49 CFR 523.2 for general definitions related to NHTSA's fuel efficiency programs.\n\nAdjustable parameter means any device, system, or element of design that someone can adjust (including those which are difficult to access) and that, if adjusted, may affect measured or modeled emissions (as applicable). In some cases, this may exclude a parameter that is difficult to access if it cannot be adjusted to affect emissions without significantly degrading engine performance, or if it will not be adjusted in a way that affects emissions during in-use operation. (See 40 CFR 1065.1001 and 40 CFR 1068.50).\n\nAdministrator means the Administrator of the National Highway Traffic Safety Administration (NHTSA) or the Administrator's delegate.\n\nAdvanced technology means specific vehicle technology for which manufacturers may earn special credits under \u00a7\u00a7 535.6 and 535.7 ( e.g., hybrids with powertrain designs that include energy storage systems, vehicles with waste heat recovery, electric vehicles, and fuel cell vehicles).\n\nAlterer means a manufacturer that modifies an altered vehicle as defined in 49 CFR 567.3\n\nAlternative fuel conversion has the meaning given for clean alternative fuel conversion in 40 CFR 85.502\n\nA to B testing has the meaning given in 40 CFR 1037.801.\n\nAutomated manual transmission has the meaning given in 40 CFR 1037.801.\n\nAutomatic tire inflation system has the meaning given in 40 CFR 1037.801.\n\nAutomatic transmission (AT) has the meaning given in 40 CFR 1037.801.\n\nAuxiliary power unit has the meaning given in 40 CFR 1037.801.\n\nAveraging set means, a set of engines or vehicles in which fuel consumption credits may be exchanged. Credits generated by one engine or vehicle family may only be used by other respective engine or vehicle families in the same averaging set as specified in \u00a7 535.7. Note that an averaging set may comprise more than one regulatory subcategory. The averaging sets for this HD program are defined as follows:\n\n(1) Heavy-duty pickup trucks and vans.\n\n(2) Light heavy-duty (LHD) vehicles.\n\n(3) Medium heavy-duty (MHD) vehicles.\n\n(4) Heavy heavy-duty (HHD) vehicles.\n\n(5) Light heavy-duty engines subject to compression-ignition standards.\n\n(6) Medium heavy-duty engines subject to compression-ignition standards.\n\n(7) Heavy heavy-duty engines subject to compression-ignition standards.\n\n(8) Engines subject to spark-ignition standards.\n\n(9) Vehicle types certifying to optional custom chassis standards as specified in \u00a7 535.5(b)(6) form separate averaging sets for each vehicle type as specified in \u00a7 535.7(c).\n\nAxle ratio or Drive axle ratio, ka has the meaning given in 40 CFR 1037.801.\n\nBasic vehicle frontal area has the meaning given in 40 CFR 1037.801.\n\nCab-complete vehicle has the meaning given in 49 CFR 523.2.\n\nCarryover has the meaning given in 40 CFR 1037.801.\n\nCertificate holder means the manufacturer who holds the certificate of conformity for the vehicle or engine and that assigns the model year based on the date when its manufacturing operations are completed relative to its annual model year period.\n\nCertificate of Conformity means an approval document granted by EPA to a manufacturer that submits an application for a vehicle or engine emissions family in 40 CFR 1036.205 and 1037.205. A certificate of conformity is valid from the indicated effective date until December 31 of the model year for which it is issued. The certificate must be renewed annually for any vehicle a manufacturer continues to produce.\n\nCertification has the meaning given in 40 CFR 1037.801.\n\nChassis-cab means the incomplete part of a vehicle that includes a frame, a completed occupant compartment and that requires only the addition of cargo-carrying, work-performing, or load- bearing components to perform its intended functions.\n\nChief Counsel means the NHTSA Chief Counsel, or his or her designee.\n\nClass means relating to GVWR classes for vehicles, as follows:\n\n(1) Class 2b vehicles are vehicles with a gross vehicle weight rating (GVWR) ranging from 8,501 to 10,000 pounds.\n\n(2) Class 3 through Class 8 vehicles are vehicles with a gross vehicle weight rating (GVWR) of 10,001 pounds or more as defined in 49 CFR 565.15.\n\nComplete sister vehicle is a complete vehicle of the same configuration as a cab-complete vehicle.\n\nComplete vehicle has the meaning given in 49 CFR part 523.\n\nCompression-ignition (CI) means relating to a type of reciprocating, internal-combustion engine, such as a diesel engine, that is not a spark-ignition engine. Note, in accordance with 40 CFR 1036.1, gas turbine engines and other engines not meeting the definition of compression-ignition are deemed to be compression-ignition engines for complying with fuel consumption standards.\n\nConfiguration means a subclassification within a test group for passenger cars, light trucks and medium-duty passenger vehicles and heavy-duty pickup trucks and vans which is based on basic engine, engine code, transmission type and gear ratios, and final drive ratio.\n\nContainer chassis trailer has the same meaning as container chassis in 40 CFR 1037.801.\n\nCurb weight has the meaning given in 40 CFR 86.1803.\n\nCustom chassis vehicle means a vocational vehicle that is a motor home, school bus, refuse hauler, concrete mixer, emergency vehicle, mixed-use vehicle or other buses that are not school buses or motor coaches. These vehicle types are defined in 49 CFR 523.3. A \u201cmixed-use vehicle\u201d is one that meets at least one of the criteria specified in 40 CFR 1037.631(a)(1) or at least one of the criteria in 40 CFR 1037.631(a)(2), but not both.\n\nDate of manufacture means the date on which the certifying vehicle manufacturer completes its manufacturing operations, except as follows:\n\n(1) Where the certificate holder is an engine manufacturer that does not manufacture the complete or incomplete vehicle, the date of manufacture of the vehicle is based on the date assembly of the vehicle is completed.\n\n(2) EPA and NHTSA may approve an alternate date of manufacture based on the date on which the certifying (or primary) vehicle manufacturer completes assembly at the place of main assembly, consistent with the provisions of 40 CFR 1037.601 and 49 CFR 567.4.\n\n(3) A vehicle manufacturer that completes assembly of a vehicle at two or more facilities may ask to use as the month and year of manufacture, for that vehicle, the month and year in which manufacturing is completed at the place of main assembly, consistent with provisions of 49 CFR 567.4, as the model year. Note that such staged assembly is subject to the provisions of 40 CFR 1068.260(c). NHTSA's allowance of this provision is effective when EPA approves the manufacturer's certificates of conformity for these vehicles.\n\nDay cab has the meaning given in 40 CFR 1037.801.\n\nDefeat device means, consistent with 40 CFR 86.004-2, an auxiliary emission control device (AECD) that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use, unless:\n\n(1) Such conditions are substantially included in the applicable Federal emission test procedure for heavy-duty vehicles and heavy-duty engines described in subpart N of this part;\n\n(2) The need for the AECD is justified in terms of protecting the vehicle against damage or accident;\n\n(3) The AECD does not go beyond the requirements of engine starting; or\n\n(4) The AECD applies only for engines that will be installed in emergency vehicles, and the need is justified in terms of preventing the engine from losing speed, torque, or power due abnormal conditions of the emission control system, or in terms of preventing such abnormal conditions from occurring, during operation related to emergency response. Examples of such abnormal conditions may include excessive exhaust backpressure from an overloaded particulate trap, and running out of diesel exhaust fluid for engines that rely on urea-based selective catalytic reduction.\n\nDrayage tractor has the meaning given in 40 CFR 1037.801.\n\nDual-clutch transmission (DCT) means a transmission has the meaning given in 40 CFR 1037.801.\n\nDual-fuel has the meaning given in 40 CFR 1037.801.\n\nElectric vehicle has the meaning given in 40 CFR 1037.801.\n\nEmergency vehicle means a vehicle that meets one of the criteria in 40 CFR 1037.801.\n\nEngine configuration means a unique combination of engine hardware and calibration (related to the emission standards) within an engine family, which would include hybrid components for engines certified as hybrid engines and hybrid powertrains. Engines within a single engine configuration differ only with respect to normal production variability or factors unrelated to compliance with emission standards. (See 40 CFR 1036.801).\n\nEngine family has the meaning given in 40 CFR 1036.230. Manufacturers designate families in accordance with EPA provisions and may not choose different families between the NHTSA and EPA programs.\n\nEngine identification number means a unique specification (for example, a model number/serial number combination) that allows someone to distinguish a particular engine from other similar engines. (See the definition of identification number in 40 CFR 1036.801).\n\nExcluded means a vehicle or engine manufacturer or component is not required to comply with any aspects with the NHTSA fuel consumption program.\n\nExempted means a vehicle or engine manufacturer or component is not required to comply with certain provisions of the NHTSA fuel consumption program.\n\nFamily certification level (FCL) has the meaning given in 40 CFR 1036.801.\n\nFamily emission limit (FEL) has the meaning given in 40 CFR 1037.801.\n\nFinal drive ratio has the meaning given in 40 CFR 1037.801.\n\nFinal-stage manufacturer has the meaning given in 49 CFR 567.3 and includes secondary vehicle manufacturers as defined in 40 CFR 1037.801.\n\nFlatbed trailer has the meaning given in 40 CFR 1037.801.\n\nFleet in this part means all the heavy-duty vehicles or engines within each of the regulatory sub- categories that are manufactured by a manufacturer in a particular model year and that are subject to fuel consumption standards under \u00a7 535.5.\n\nFleet average fuel consumption is the calculated average fuel consumption performance value for a manufacturer's fleet derived from the production weighted fuel consumption values of the unique vehicle configurations within each vehicle model type that makes up that manufacturer's vehicle fleet in a given model year. In this part, the fleet average fuel consumption value is determined for each manufacturer's fleet of heavy-duty pickup trucks and vans.\n\nFleet average fuel consumption standard is the actual average fuel consumption standard for a manufacturer's fleet derived from the production weighted fuel consumption standards of each unique vehicle configuration, based on payload, tow capacity and drive configuration (2, 4 or all-wheel drive), of the model types that makes up that manufacturer's vehicle fleet in a given model year. In this part, the fleet average fuel consumption standard is determined for each manufacturer's fleet of heavy-duty pickup trucks and vans.\n\nFlexible-fuel means relating to an engine designed for operation on any mixture of two or more different types of fuels. (See 40 CFR 1036.801).\n\nFuel cell means an electrochemical cell that produces electricity via the non-combustion reaction of a consumable fuel, typically hydrogen.\n\nFuel cell electric vehicle means a motor vehicle propelled solely by an electric motor where energy for the motor is supplied by a fuel cell.\n\nFuel efficiency means the amount of work performed for each gallon of fuel consumed.\n\nFuel type means a general category of fuels such as diesel fuel, gasoline, or natural gas. There can be multiple grades within a single fuel type, such as premium gasoline, regular gasoline, or gasoline with 10 percent ethanol. (See 40 CFR 1037.801).\n\nGaseous fuel has the meaning given in 40 CFR 1037.801.\n\nGear ratio or Transmission gear ratio, kg, means the dimensionless number representing the angular speed of the transmission's input shaft divided by the angular speed of the transmission's output shaft when the transmission is operating in a specific gear. (See 40 CFR 1037.801).\n\nGood engineering judgment has the meaning given in 40 CFR 1068.30. See 40 CFR 1068.5 for the administrative process used to evaluate good engineering judgment.\n\nGreenhouse gas Emissions Model (GEM) has the meaning given in 40 CFR 1037.801.\n\nGross axle weight rating (GAWR) has the meaning given in 49 CFR 571.3.\n\nGross combination weight rating (GCWR) has the meaning given in 49 CFR 571.3.\n\nGross vehicle weight rating (GVWR) has the meaning given in 49 CFR 571.3.\n\nHeavy-duty engine has the meaning given in 49 CFR part 523.2.\n\nHeavy-duty off-road vehicle means a heavy-duty vocational vehicle or vocational tractor that is intended for off-road use.\n\nHeavy-duty vehicle has the meaning given in 49 CFR part 523.\n\nHeavy-haul tractor has the meaning given in 40 CFR 1037.801.\n\nHeavy heavy-duty (HHD) vehicle has the meaning given in vehicle service class.\n\nHybrid or Hybrid vehicle means a vehicle that includes energy storage features (other than a conventional battery system or conventional flywheel) in addition to an internal combustion engine or other engine using consumable chemical fuel. Supplemental electrical batteries and hydraulic accumulators are examples of hybrid energy storage systems. Note that certain provisions in this part treat hybrid vehicles that include regenerative braking different than those that do not include regenerative braking.\n\nHybrid engine means a hybrid system with features for storing and recovering energy that are integral to the engine or are otherwise upstream of the vehicle's transmission other than a conventional battery system or conventional flywheel. Supplemental electrical batteries and hydraulic accumulators are examples of hybrid energy storage systems. Examples of hybrids that could be considered hybrid engines are P0, P1, and P2 hybrids where hybrid features are connected to the front end of the engine, at the crankshaft, or connected between the clutch and the transmission where the clutch upstream of the hybrid feature is in addition to the transmission clutch(s), respectively. Note other examples of systems that qualify as hybrid engines are systems that recover kinetic energy and use it to power an electric heater in the aftertreatment. (See 40 CFR 1036.801).\n\nHybrid powertrain means a powertrain that includes energy storage features other than a conventional battery system or conventional flywheel. Supplemental electrical batteries and hydraulic accumulators are examples of hybrid energy storage systems. Note other examples of systems that qualify as hybrid powertrains are systems that recover kinetic energy and use it to power an electric heater in the aftertreatment. (See 40 CFR 1037.801).\n\nIdle operation has the meaning given in 40 CFR 1037.801.\n\nIncomplete vehicle has the meaning given in 49 CFR part 523. For the purpose of this regulation, a manufacturer may request EPA and NHTSA to allow the certification of a vehicle as an incomplete vehicle if it manufactures the engine and sells the unassembled chassis components, provided it does not produce and sell the body components necessary to complete the vehicle.\n\nInnovative technology means technology certified under \u00a7 535.7 and by EPA under 40 CFR 86.1819-14(d)(13), 1036.610, and 1037.610 in the Phase 1 program.\n\nIntermediate manufacturer has the meaning given in 49 CFR 567.3.\n\nLight heavy-duty (LHD) vehicle has the meaning given in vehicle service class.\n\nLiquefied petroleum gas (LPG) has the meaning given in 40 CFR 1036.801.\n\nLow rolling resistance tire means a tire on a vocational vehicle with a tire rolling resistance level (TRRL) of 7.7 kg/metric ton or lower, a steer tire on a tractor with a TRRL of 7.7 kg/metric ton or lower, or a drive tire on a tractor with a TRRL of 8.1 kg/metric ton or lower.\n\nManual transmission (MT) has the meaning given in 40 CFR 1037.801.\n\nMedium heavy-duty (MHD) vehicle has the meaning given in vehicle service class.\n\nModel type has the meaning given in 40 CFR 600.002.\n\nModel year means one of the following for compliance with this part. Note that manufacturers may have other model year designations for the same vehicle for compliance with other requirements or for other purposes:\n\n(1) For tractors and vocational vehicles with a date of manufacture on or after January 1, 2021, the vehicle's model year is the calendar year corresponding to the date of manufacture; however, the vehicle's model year may be designated to be the year before the calendar year corresponding to the date of manufacture if the engine's model year is also from an earlier year. Note that paragraph (2) of this definition limits the extent to which vehicle manufacturers may install engines built in earlier calendar years. Note that 40 CFR 1037.601(a)(2) limits the extent to which vehicle manufacturers may install engines built in earlier calendar years.\n\n(2) For Phase 1 tractors and vocational vehicles with a date of manufacture before January 1, 2021, model year means the manufacturer's annual new model production period, except as restricted under this definition. It must include January 1 of the calendar year for which the model year is named, may not begin before January 2 of the previous calendar year, and it must end by December 31 of the named calendar year. The model year may be set to match the calendar year corresponding to the date of manufacture.\n\n(i) The manufacturer who holds the certificate of conformity for the vehicle must assign the model year based on the date when its manufacturing operations are completed relative to its annual model year period. In unusual circumstances where completion of your assembly is delayed, we may allow you to assign a model year one year earlier, provided it does not affect which regulatory requirements will apply.\n\n(ii) Unless a vehicle is being shipped to a secondary manufacturer that will hold the certificate of conformity, the model year must be assigned prior to introduction of the vehicle into U.S. commerce. The certifying manufacturer must re-designate the model year if it does not complete its manufacturing operations within the originally identified model year. A vehicle introduced into U.S. commerce without a model year is deemed to have a model year equal to the calendar year of its introduction into U.S. commerce unless the certifying manufacturer assigns a later date.\n\n(3) For engines, model year means the manufacturer's annual new model production period, except as restricted under this definition. It must include January 1 of the calendar year for which the model year is named, may not begin before January 2 of the previous calendar year, and it must end by December 31 of the named calendar year. Manufacturers may not adjust model years to circumvent or delay compliance with emission standards or to avoid the obligation to certify annually.\n\nMotor Vehicle has the meaning given in 49 CFR 523.2.\n\nMulti-purpose means relating to the Multi-Purpose duty cycle as specified in 40 CFR 1037.510. (See 40 CFR 1037.801).\n\nNatural gas has the meaning given in 40 CFR 1036.801. Vehicles that use a pilot-ignited natural gas engine (which uses a small diesel fuel ignition system), are still considered natural gas vehicles.\n\nNHTSA Enforcement means the NHTSA Associate Administrator for Enforcement, or his or her designee.\n\nNeutral coasting has the meaning given in 40 CFR 1037.801.\n\nNeutral idle means a vehicle technology that automatically puts the transmission in neutral when the vehicle is stopped, as described in 40 CFR 1037.660(a). (See 40 CFR 1037.801).\n\nOff-cycle technology means technology certified under \u00a7 535.7 and by EPA under 40 CFR 86.1819-14(d)(13), 1036.610, and 1037.610 in the Phase 2 program.\n\nParty means the person alleged to have committed a violation of \u00a7 535.9, and includes manufacturers of vehicles and manufacturers of engines.\n\nPayload means in this part the resultant of subtracting the curb weight from the gross vehicle weight rating.\n\nPercent (%) means a representation of exactly 0.01. Numbers expressed as percentages in this part (such as a tolerance of \u00b12%) have infinite precision, so 2% and 2.000000000% have the same meaning. This means that where we specify some percentage of a total value, the calculated value has the same number of significant digits as the total value. For example, 2% of a span value where the span value is 101.3302 is 2.026604. (See 40 CFR 1037.801 and 40 CFR 1065.1001.\n\nPetroleum has the meaning given in 40 CFR 1037.801.\n\nPhase 1 means the joint NHTSA and EPA program established in 2011 for fuel efficiency standards and greenhouse gas emissions standards regulating medium- and heavy-duty engines and vehicles. See \u00a7 535.5 for the specific model years that standards apply to vehicles and engines.\n\nPhase 2 means the joint NHTSA and EPA program established in 2016 for fuel efficiency standards and greenhouse gas emissions standards regulating medium- and heavy-duty vehicles and engines. See \u00a7 535.5 for the specific model years that standards apply to vehicles and engines.\n\nPickup truck has the meaning given in 49 CFR part 523.\n\nPlaced into service means put into initial use for its intended purpose, excluding incidental use by the manufacturer or a dealer. (See 40 CFR 1037.801).\n\nPlug-in hybrid electric vehicle (PHEV) means a hybrid electric vehicle that has the capability to charge the battery or batteries used for vehicle propulsion from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle while the vehicle is in motion.\n\nPower take-off (PTO) means a secondary engine shaft or other system on a vehicle that provides substantial auxiliary power for purposes unrelated to vehicle propulsion or normal vehicle accessories such as air conditioning, power steering, and basic electrical accessories. A typical PTO uses a secondary shaft on the engine to transmit power to a hydraulic pump that powers auxiliary equipment such as a boom on a bucket truck.\n\nPowertrain family has the meaning given in 40 CFR 1037.231. Manufacturers choosing to perform powertrain testing as specified in 40 CFR 1037.550, divide product lines into powertrain families that are expected to have similar fuel consumptions and CO 2 emission characteristics throughout the useful life.\n\nPreliminary approval means approval granted by an authorized EPA representative prior to submission of an application for certification, consistent with the provisions of 40 CFR 1037.210. For requirements involving NHTSA, EPA will ensure decisions are jointly made and will convey the decision to the manufacturer.\n\nPrimary intended service class has the same meaning for engines as specified in 40 CFR 1036.140. Manufacturers must identify a single primary intended service class for each engine family that best describes vehicles for which it designs and markets the engine, as follows:\n\n(1) Divide compression-ignition engines into primary intended service classes based on the following engine and vehicle characteristics:\n\n(i) Light heavy-duty \u201cLHD\u201d engines usually are not designed for rebuild and do not have cylinder liners. Vehicle body types in this group might include any heavy-duty vehicle built from a light-duty truck chassis, van trucks, multi-stop vans, and some straight trucks with a single rear axle. Typical applications will include personal transportation, light-load commercial delivery, passenger service, agriculture, and construction. The GVWR of these vehicles is normally below 19,500 pounds.\n\n(ii) Medium heavy-duty \u201cMHD\u201d engines may be designed for rebuild and may have cylinder liners. Vehicle body types in this group will typically include school buses, straight trucks with single rear axles, city tractors, and a variety of special purpose vehicles such as small dump trucks, and refuse trucks. Typical applications will include commercial short haul and intra-city delivery and pickup. Engines in this group are normally used in vehicles whose GVWR ranges from 19,500 to 33,000 pounds.\n\n(iii) Heavy heavy-duty \u201cHHD\u201d engines are designed for multiple rebuilds and have cylinder liners. Vehicles in this group are normally tractors, trucks, straight trucks with dual rear axles, and buses used in inter-city, long-haul applications. These vehicles normally exceed 33,000 pounds GVWR.\n\n(2) Divide spark-ignition engines into primary intended service classes as follows:\n\n(i) Spark-ignition engines that are best characterized by paragraph (1)(i) or (ii) of this section are in a separate \u201cspark-ignition\u201d primary intended service class.\n\n(ii) Spark-ignition engines that are best characterized by paragraph (1)(iii) of this section share a primary intended service class with compression-ignition heavy heavy-duty engines. Gasoline-fueled engines are presumed not to be characterized by paragraph (1)(iii) of this section; for example, vehicle manufacturers may install some number of gasoline-fueled engines in Class 8 trucks without causing the engine manufacturer to consider those to be heavy heavy-duty engines.\n\n(iii) References to \u201cspark-ignition standards\u201d in this part relate only to the spark-ignition engines identified in paragraph (2)(i) of this definition. References to \u201ccompression-ignition standards\u201d in this part relate to compression-ignition engines, to spark-ignition engines optionally certified to standards that apply to compression-ignition engines, and to all engines identified under paragraph (2)(ii) of this definition as heavy heavy-duty engines.\n\nRechargeable Energy Storage System (RESS) means the component(s) of a hybrid engine or vehicle that store recovered energy for later use, such as the battery system in an electric hybrid vehicle.\n\nRefuse hauler has the meaning given in 40 CFR 1037.801.\n\nRegional has the meaning relating to the Regional duty cycle as specified in 40 CFR 1037.510.\n\nRegulatory category means each of the four types of heavy-duty vehicles defined in 49 CFR 523.6 and the heavy-duty engines used in these heavy-duty vehicles.\n\nRegulatory subcategory means the sub-groups in each regulatory category to which mandatory fuel consumption standards and requirements apply as specified in 40 CFR 1036.230 and 1037.230 and are defined as follows:\n\n(1) Heavy-duty pick-up trucks and vans.\n\n(2) Vocational vehicle subcategories have 18 separate vehicle service classes as shown in paragraphs (2)(i) and (ii) of this definition and include vocational tractors. Paragraph (2)(i) of this definition includes vehicles complying with Phase 1 standards. Phase 2 vehicles are included in paragraph (2)(ii) of this definition which have separate subcategories to account for engine characteristics, GVWR, and the selection of duty cycle for vocational vehicles as specified in 40 CFR 1037.510; vehicles may additionally fall into one of the subcategories defined by the custom-chassis standards in \u00a7 535.5(b)(6) and 40 CFR 1037.105(h). Manufacturers using the alternate standards in \u00a7 535.5(b)(6) and 40 CFR 1037.105(h) should treat each vehicle type as a separate vehicle subcategory.\n\n(i) Phase 1 Vocational Vehicle Subcategories. (A) Vocational LHD vehicles.\n\n(B) Vocational MHD vehicles.\n\n(C) Vocational HHD vehicles.\n\n(ii) Phase 2 vocational vehicle subcategories.\n\n(3) Tractor subcategories are shown in paragraph (3)(i) of this definition for Phase 1 and 2. Paragraph (3)(i) includes 10 separate subcategories for tractors complying with Phase 1 and 2 standards. The heavy-haul tractor subcategory only applies for Phase 2.\n\n(i) Phase 1 and 2 truck tractor subcategories.\n\n(ii) [Reserved]\n\n(4) [Reserved]\n\n(5) Engine subcategories are shown for each primary intended service class in paragraph (5)(i) of this definition. Paragraph (5)(i) includes 6 separate subcategories for engines which are the same for Phase 1 and 2 standards.\n\n(i) Engine subcategories.\n\n(ii) [Reserved]\n\nRelating to as used in this section means relating to something in a specific, direct manner. This expression is used in this section only to define terms as adjectives and not to broaden the meaning of the terms. (See 40 CFR 1037.801).\n\nRevoke has the same meaning given in 40 CFR 1068.30.\n\nRoof height means the maximum height of a vehicle (rounded to the nearest inch), excluding narrow accessories such as exhaust pipes and antennas, but including any wide accessories such as roof fairings. Measure roof height of the vehicle configured to have its maximum height that will occur during actual use, with properly inflated tires and no driver, passengers, or cargo onboard. Determine the base roof height on fully inflated tires having a static loaded radius equal to the arithmetic mean of the largest and smallest static loaded radius of tires a manufacturer offers or a standard tire EPA approves. If a vehicle is equipped with an adjustable roof fairing, measure the roof height with the fairing in its lowest setting. Once the maximum height is determined, roof heights are divided into the following categories:\n\n(1) Low-roof means a vehicle with a roof height of 120 inches or less.\n\n(2) Mid-roof means a vehicle with a roof height between 121 and 147 inches.\n\n(3) High-roof means a vehicle with a roof height of 148 inches or more.\n\nRound means to apply the rounding convention specified in 40 CFR 1065.20(e), unless otherwise specified. (See 40 CFR 1065.1001).\n\nSecondary vehicle manufacturer has the same meaning as final-stage manufacturer in 49 CFR part 567.\n\nService class group means a group of engine and vehicle averaging sets defined as follows:\n\n(1) Spark-ignition engines, light heavy-duty compression-ignition engines, light heavy-duty vocational vehicles and heavy-duty pickup trucks and vans.\n\n(2) Medium heavy-duty compression-ignition engines and medium heavy-duty vocational vehicles and tractors.\n\n(3) Heavy heavy-duty compression-ignition engines and heavy heavy-duty vocational vehicles and tractors.\n\nSleeper cab means a type of truck cab that has a compartment behind the driver's seat intended to be used by the driver for sleeping. This includes both cabs accessible from the driver's compartment and those accessible from outside the vehicle.\n\nSmall business manufacturer means a manufacturer meeting the criteria specified in 13 CFR 121.201. For manufacturers owned by a parent company, the employee and revenue limits apply to the total number employees and total revenue of the parent company and all its subsidiaries.\n\nSpark-ignition (SI) means relating to a gasoline-fueled engine or any other type of engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark-ignition engines usually use a throttle to regulate intake air flow to control power during normal operation. Note that some spark-ignition engines are subject to requirements that apply for compression-ignition engines as described in 40 CFR 1036.140.\n\nStandard payload means the payload assumed for each vehicle, in tons, for modeling and calculating emission credits, as follows:\n\n(1) For vocational vehicles:\n\n(i) 2.85 tons for light heavy-duty vehicles.\n\n(ii) 5.6 tons for medium heavy-duty vehicles.\n\n(iii) 7.5 tons for heavy heavy-duty vocational vehicles.\n\n(2) For tractors:\n\n(i) 12.5 tons for Class 7.\n\n(ii) 19 tons for Class 8.\n\n(iii) 43 tons for heavy-haul tractors.\n\nStandard trailer means a trailer that meets the applicable criteria found in 40 CFR 1037.501(g). (See 40 CFR 1037.801).\n\nStop-start means a vehicle technology that automatically turns the engine off when the vehicle is stopped, as described in 40 CFR 1037.660(a). (See the definition for stop-start in 40 CFR 1037.801)\n\nSubconfiguration means a unique combination within a vehicle configuration of equivalent test weight, road-load horsepower, and any other operational characteristics or parameters that EPA determines may significantly affect CO 2 emissions within a vehicle configuration as defined in 40 CFR 600.002.\n\nTank trailer has the meaning given in 40 CFR 1037.801.\n\nTest group means the multiple vehicle lines and model types that share critical emissions and fuel consumption related features and that are certified as a group by a common certificate of conformity issued by EPA and is used collectively with other test groups within an averaging set or regulatory subcategory and is used by NHTSA for determining the fleet average fuel consumption.\n\nThe agencies means the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA) in this part.\n\nTire pressure monitoring system (TPMS) has the meaning given in section S3 of 49 CFR 571.138.\n\nTire rolling resistance level (TRRL) means a value with units of kg/metric ton that represents that rolling resistance of a tire configuration. TRRLs are used as inputs to the GEM model under 40 CFR 1037.520. Note that a manufacturer may assign a value higher than a measured rolling resistance of a tire configuration.\n\nTowing capacity in this part is equal to the resultant of subtracting the gross vehicle weight rating from the gross combined weight rating.\n\nTrade means to exchange fuel consumption credits, either as a buyer or a seller.\n\nU.S.-directed production volume means the number of vehicle units, subject to the requirements of this part, produced by a manufacturer for which the manufacturer has a reasonable assurance that sale was or will be made to ultimate purchasers in the United States.\n\nUseful life has the meaning given in 40 CFR 1036.801 and 1037.801.\n\nVehicle configuration means a unique combination of vehicle hardware and calibration (related to measured or modeled emissions) within a vehicle family as specified in 40 CFR 1037.801. Vehicles with hardware or software differences, but that have no hardware or software differences related to measured or modeled emissions or fuel consumption can be included in the same vehicle configuration. Note that vehicles with hardware or software differences related to measured or modeled emissions or fuel consumption are considered to be different configurations even if they have the same GEM inputs and FEL. Vehicles within a vehicle configuration differ only with respect to normal production variability or factors unrelated to measured or modeled emissions and fuel consumption for EPA and NHTSA.\n\nVehicle family has the meaning given in 40 CFR 1037.230. Manufacturers designate families in accordance with EPA provisions and may not choose different families between the NHTSA and EPA programs. If a manufacturer is certifying vehicles within a vehicle family to more than one FEL, it must subdivide its greenhouse gas and fuel consumption vehicle families into subfamilies that include vehicles with identical FELs. Note that a manufacturer may add subfamilies at any time during the model year.\n\nVehicle identification number has the meaning given in 49 CFR 565.12 for VIN.\n\nVehicle service class means classes of vehicles, generally based on a vehicle's weight class, that are used for purposes of determining applicable requirements. The vehicle service classes defined here for use in this part align with the vehicle service classes specified in 40 CFR 1037.140(g). Fuel consumption standards and other provisions of this part apply to specific vehicle service classes for tractors and vocational vehicles as follows:\n\n(1) Phase 1 and Phase 2 tractors are divided based on GVWR into Class 7 tractors and Class 8 tractors. Where provisions apply to both tractors and vocational vehicles, Class 7 tractors are considered medium heavy-duty \u201cMHD\u201d vehicles and Class 8 tractors are considered heavy heavy-duty \u201cHHD\u201d vehicles. This paragraph applies for both hybrid and non-hybrid vehicles.\n\n(2) Phase 1 vocational vehicles are divided based on GVWR. Light heavy-duty \u201cLHD\u201d vehicles includes Class 2b through Class 5 vehicles; medium heavy-duty \u201cMHD\u201d vehicles includes Class 6 and Class 7 vehicles; and heavy heavy-duty \u201cHHD\u201d vehicles includes Class 8 vehicles.\n\n(3) Phase 2 vocational vehicles with spark-ignition engines are divided based on GVWR. Light heavy-duty \u201cLHD\u201d vehicles includes Class 2b through Class 5 vehicles, and medium heavy-duty \u201cMHD\u201d vehicles includes Class 6 through Class 8 vehicles.\n\n(4) Phase 2 vocational vehicles with compression-ignition engines are divided as follows:\n\n(i) Class 2b through Class 5 vehicles are considered light heavy-duty \u201cLHD\u201d vehicles.\n\n(ii) Class 6 through 8 vehicles are considered heavy heavy-duty \u201cHHD\u201d vehicles if the installed engine's primary intended service class is heavy heavy-duty (see 40 CFR 1036.140), except that Class 8 hybrid vehicles are considered heavy heavy-duty \u201cHHD\u201d vehicles regardless of the engine's primary intended service class. All other Class 6 through Class 8 vehicles are considered medium heavy-duty \u201cMHD\u201d vehicles.\n\n(5) Heavy-duty vehicles with no installed propulsion engine, such as electric vehicles, are divided as follows:\n\n(i) Class 2b through Class 5 vehicles are considered light heavy-duty \u201cLHD\u201d vehicles.\n\n(ii) Class 6 and 7 vehicles are considered medium heavy-duty \u201cMHD\u201d vehicles.\n\n(iii) Class 8 vehicles are considered heavy heavy-duty \u201cHHD\u201d vehicles.\n\n(6) In certain circumstances, manufacturers may certify vehicles to standards that apply for a different vehicle service class such as allowed in \u00a7 535.5(b)(6) and (c)(7). If manufacturers optionally certify vehicles to different standards, those vehicles are subject to all the regulatory requirements as if the standards were mandatory.\n\nVehicle subfamily or subfamily means a subset of a vehicle family including vehicles subject to the same FEL(s).\n\nVocational tractor has the meaning given in 40 CFR 1037.801.\n\nZero emissions vehicle means an electric vehicle or a fuel cell vehicle."], ["49:49:6.1.2.3.16.0.1.5", 49, "Transportation", "V", "", "535", "PART 535\u2014MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM", "", "", "", "\u00a7 535.5 Standards.", "NHTSA", "", "", "[81 FR 74238, Oct. 25, 2016, as amended at 89 FR 18825, Mar. 15, 2024; 89 FR 52951, June 24, 2024]", "(a) Heavy-duty pickup trucks and vans. Each manufacturer's fleet of heavy-duty pickup trucks and vans shall comply with the fuel consumption standards in this paragraph (a) expressed in gallons per 100 miles. Each vehicle must be manufactured to comply for its full useful life. For the Phase 1 program, if the manufacturer's fleet includes conventional vehicles (gasoline, diesel and alternative fueled vehicles) and advanced technology vehicles (hybrids with powertrain designs that include energy storage systems, vehicles with waste heat recovery, electric vehicles and fuel cell vehicles), it may divide its fleet into two separate fleets each with its own separate fleet average fuel consumption standard which the manufacturer must comply with the requirements of this paragraph (a). For Phase 2, manufacturers may calculate their fleet average fuel consumption standard for a conventional fleet and multiple advanced technology vehicle fleets. Advanced technology vehicle fleets should be separated into plug-in hybrid electric vehicles, electric vehicles, and fuel cell vehicles. The standards in this paragraph (a) correspond to EPA requirements specified in 40 CFR 86.1819-14. When applying the fuel consumption standards in this paragraph (a), manufacturers must use the same options they use to comply with EPA in 40 CFR part 86, subpart S in terms of grouping vehicles and/or engines for purposes of determining applicable standards and determining compliance ( i.e., the vehicles and/or engines and must be grouped in the same way for purposes of this paragraph (a) as they are grouped for compliance with EPA's requirements in 40 CFR part 86, subpart S). Engines that are installed in vehicles that are subject to the standards in this paragraph are not subject to the standards in paragraph (d) of this section and may not optionally comply with paragraph (d).\n\n(1) Mandatory standards. For model years 2016 and later, each manufacturer must comply with the fleet average standard derived from the unique subconfiguration target standards (or groups of subconfigurations approved by EPA in accordance with 40 CFR 86.1819) of the model types that make up the manufacturer's fleet in a given model year. Each subconfiguration has a unique attribute-based target standard, defined by each group of vehicles having the same payload, towing capacity and whether the vehicles are equipped with a 2-wheel or 4-wheel drive configuration. Phase 1 target standards apply for model years 2016 through 2020. Phase 2 target standards apply for model years 2021 through 2029. NHTSA's Phase 3 HDPUV target standards apply for model year 2030 and later.\n\n(2) Subconfiguration target standards. (i) Two alternatives exist for determining the subconfiguration target standards for Phase 1. For each alternative, separate standards exist for compression-ignition and spark-ignition vehicles:\n\n(A) The first alternative allows manufacturers to determine a fixed fuel consumption standard that is constant over the model years; and\n\n(B) The second alternative allows manufacturers to determine standards that are phased-in gradually each year.\n\n(ii) Calculate the subconfiguration target standards as specified in this paragraph (a)(2)(ii), using the appropriate coefficients from table 1 to paragraph (a)(2)(ii), choosing between the alternatives in paragraph (a)(2)(i) of this section. For electric or fuel cell heavy-duty vehicles, use compression-ignition vehicle coefficients \u201cc\u201d and \u201cd\u201d and for hybrid (including plug-in hybrid), dedicated and dual-fueled vehicles, use coefficients \u201cc\u201d and \u201cd\u201d appropriate for the engine type used. Round each standard to the nearest 0.001 gallons per 100 miles and specify all weights in pounds rounded to the nearest pound. Calculate the subconfiguration target standards using equation: 1 to this paragraph (a)(2)(ii).\n\nSubconfiguration Target Standard (gallons per 100 miles) = [c \u00d7 (WF)] + d\n\nWhere:\n \n WF = Work Factor = [0.75 \u00d7 (Payload Capacity + Xwd)] + [0.25 \u00d7 Towing Capacity]\n \n Xwd = 4wd Adjustment = 500 lbs. if the vehicle group is equipped with 4wd and all-wheel drive, otherwise equals 0 lbs. for 2wd.\n \n Payload Capacity = GVWR (lbs.) \u2212 Curb Weight (lbs.) (for each vehicle group) Towing Capacity = GCWR (lbs.) \u2212 GVWR (lbs.) (for each vehicle group)\n\nWhere:\n\nWF = Work Factor = [0.75 \u00d7 (Payload Capacity + Xwd)] + [0.25 \u00d7 Towing Capacity]\n\nXwd = 4wd Adjustment = 500 lbs. if the vehicle group is equipped with 4wd and all-wheel drive, otherwise equals 0 lbs. for 2wd.\n\nPayload Capacity = GVWR (lbs.) \u2212 Curb Weight (lbs.) (for each vehicle group) Towing Capacity = GCWR (lbs.) \u2212 GVWR (lbs.) (for each vehicle group)\n\nTable 1 to Paragraph ( a )(2)( ii )\u2014Coefficients for Mandatory Subconfiguration Target Standards\n\n(3) Fleet average fuel consumption standard. (i) For the Phase 1 program, calculate each manufacturer's fleet average fuel consumption standard for a conventional fleet and a combined advanced technology fleet separately based on the subconfiguration target standards specified in paragraph (a)(2) of this section, weighted to production volumes and averaged using the following equation combining all the applicable vehicles in a manufacturer's U.S.-directed fleet (compression-ignition, spark-ignition and advanced technology vehicles) for a given model year, rounded to the nearest 0.001 gallons per 100 miles:\n\nWhere:\n \n Subconfiguration Target Standard i = fuel consumption standard for each group of vehicles with same payload, towing capacity and drive configuration (gallons per 100 miles).\n \n Volume i = production volume of each unique subconfiguration of a model type based upon payload, towing capacity and drive configuration.\n\nWhere:\n\nSubconfiguration Target Standard i = fuel consumption standard for each group of vehicles with same payload, towing capacity and drive configuration (gallons per 100 miles).\n\nVolume i = production volume of each unique subconfiguration of a model type based upon payload, towing capacity and drive configuration.\n\n(A) A manufacturer may group together subconfigurations that have the same test weight (ETW), GVWR, and GCWR. Calculate work factor and target value assuming a curb weight equal to two times ETW minus GVWR.\n\n(B) A manufacturer may group together other subconfigurations if it uses the lowest target value calculated for any of the subconfigurations.\n\n(ii) For Phase 1, manufacturers must select an alternative for subconfiguration target standards at the same time they submit the model year 2016 pre-model year Report, specified in \u00a7 535.8. Once selected, the decision cannot be reversed and the manufacturer must continue to comply with the same alternative for subsequent model years.\n\n(4) Voluntary standards. (i) Manufacturers may choose voluntarily to comply early with fuel consumption standards for model years 2013 through 2015, as determined in paragraphs (a)(4)(iii) and (iv) of this section, for example, in order to begin accumulating credits through over-compliance with the applicable standard. A manufacturer choosing early compliance must comply with all the vehicles and engines it manufactures in each regulatory category for a given model year.\n\n(ii) A manufacturer must declare its intent to voluntarily comply with fuel consumption standards at the same time it submits a Pre-Model Report, prior to the compliance model year beginning as specified in \u00a7 535.8; and, once selected, the decision cannot be reversed and the manufacturer must continue to comply for each subsequent model year for all the vehicles and engines it manufactures in each regulatory category for a given model year.\n\n(iii) Calculate separate subconfiguration target standards for compression-ignition and spark-ignition vehicles for model years 2013 through 2015 using the equation in paragraph (a)(2)(ii) of this section, substituting the appropriate values for the coefficients in the following table as appropriate:\n\nTable 7\u2014Coefficients for Voluntary Subconfiguration Target Standards\n\n(iv) Calculate the fleet average fuel consumption standards for model years 2013 through 2015 using the equation in paragraph (a)(3) of this section.\n\n(5) Exclusion of vehicles not certified as complete vehicles. The vehicle standards in paragraph (a) of this section do not apply for vehicles that are chassis-certified with respect to EPA's criteria pollutant test procedure in 40 CFR part 86, subpart S. Any chassis-certified vehicles must comply with the vehicle standards and requirements of paragraph (b) of this section and the engine standards of paragraph (d) of this section for engines used in these vehicles. A vehicle manufacturer choosing to comply with this paragraph and that is not the engine manufacturer is required to notify the engine manufacturers that their engines are subject to paragraph (d) of this section and that it intends to use their engines in excluded vehicles.\n\n(6) Optional certification under this section. Manufacturers may certify certain complete or cab-complete vehicles to the fuel consumption standards of this section. All vehicles optionally certified under this paragraph (6) are deemed to be subject to the fuel consumption standards of this section given the following conditions:\n\n(i) For fuel consumption compliance, manufacturers may certify any complete or cab-complete spark-ignition vehicles above 14,000 pounds GVWR and at or below 26,000 pounds GVWR to the fuel consumption standards of this section.\n\n(ii) Manufacturers may apply the provisions of this section to cab-complete vehicles based on a complete sister vehicle. In unusual circumstances, manufacturers may ask the agencies to apply these provisions to Class 2b or Class 3 incomplete vehicles that do not meet the definition of cab-complete.\n\n(A) Except as specified in paragraph (a)(6)(iii) of this section, for purposes of this section, a complete sister vehicle is a complete vehicle of the same vehicle configuration as the cab-complete vehicle. A manufacturer may not apply the provisions of this paragraph (6) to any vehicle configuration that has a four-wheel rear axle if the complete sister vehicle has a two-wheel rear axle.\n\n(B) Calculate the target value for the fleet-average fuel consumption standard under paragraph (a)(3) of this section based on the work factor value that applies for the complete sister vehicle.\n\n(C) Test these cab-complete vehicles using the same equivalent test weight and other dynamometer settings that apply for the complete vehicle from which you used the work factor value (the complete sister vehicle). For fuel consumption certification, manufacturers may submit the test data from that complete sister vehicle instead of performing the test on the cab-complete vehicle.\n\n(D) Manufacturers are not required to produce the complete sister vehicle for sale to use the provisions of this paragraph (a)(6)(ii). This means the complete sister vehicle may be a carryover vehicle from a prior model year or a vehicle created solely for the purpose of testing.\n\n(iii) For fuel consumption purposes, if a cab-complete vehicle is not of the same vehicle configuration as a complete sister vehicle due only to certain factors unrelated to coastdown performance, manufacturers may use the road-load coefficients from the complete sister vehicle for certification testing of the cab-complete vehicle, but it may not use fuel consumption data from the complete sister vehicle for certifying the cab-complete vehicle.\n\n(7) Loose engines. For model year 2023 and earlier spark-ignition engines with identical hardware compared with engines used in vehicles certified to the standards of this section, where such engines are sold as loose engines or as engines installed in incomplete vehicles that are not cab-complete vehicles. Manufacturers may certify such engines to the standards of this section, subject to the following provisions:\n\n(i) For 2020 and earlier model years, the maximum allowable U.S.-directed production volume of engines manufacturers may sell under this paragraph (7) in any given model year is ten percent of the total U.S-directed production volume of engines of that design that the manufacturer produces for heavy-duty applications for that model year, including engines it produces for complete vehicles, cab-complete vehicles, and other incomplete vehicles. The total number of engines a manufacturer may certify under this paragraph (7), of all engine designs, may not exceed 15,000 in any model year. Engines produced in excess of either of these limits are not covered by your certificate. For example, a manufacturer produces 80,000 complete model year 2017 Class 2b pickup trucks with a certain engine and 10,000 incomplete model year 2017 Class 3 vehicles with that same engine, and the manufacturer did not apply the provisions of this paragraph (a)(7) to any other engine designs, it may produce up to 10,000 engines of that design for sale as loose engines under this paragraph (a)(7). If a manufacturer produced 11,000 engines of that design for sale as loose engines, the last 1,000 of them that it produced in that model year 2017 would be considered uncertified.\n\n(ii) For model years 2021 through 2023, the U.S.-directed production volume of engines manufacturers sell under this paragraph (a)(7) in any given model year may not exceed 10,000 units. This paragraph (a)(7) does not apply for engines certified to the standards of paragraph (d) of this section and 40 CFR 1036.108.\n\n(iii) Vehicles using engines certified under this paragraph (a)(7) are subject to the fuel consumption and emission standards of paragraph (b) of this section and 40 CFR 1037.105 and engine standards in 40 CFR 1036.150(j).\n\n(iv) For certification purposes, engines are deemed to have a fuel consumption target values and test result equal to the fuel consumption target value and test result for the complete vehicle in the applicable test group with the highest equivalent test weight, except as specified in paragraph (a)(7)(iv)(B) of this section. Manufacturers use these values to calculate target values and the fleet-average fuel consumption rate. Where there are multiple complete vehicles with the same highest equivalent test weight, select the fuel consumption target value and test result as follows:\n\n(A) If one or more of the fuel consumption test results exceed the applicable target value, use the fuel consumption target value and test result of the vehicle that exceeds its target value by the greatest amount.\n\n(B) If none of the fuel consumption test results exceed the applicable target value, select the highest target value and set the test result equal to it. This means that the manufacturer may not generate fuel consumption credits from vehicles certified under this paragraph (a)(7).\n\n(8) Alternative fuel vehicle conversions. Alternative fuel vehicle conversions may demonstrate compliance with the standards of this part or other alternative compliance approaches allowed by EPA in 40 CFR 85.525.\n\n(9) Advanced, innovative, and off-cycle technologies. For vehicles subject to Phase 1 standards, manufacturers may generate separate credit allowances for advanced and innovative technologies as specified in \u00a7 535.7(f)(1) and (2). For vehicles subject to Phase 2 standards, manufacturers may generate separate credits allowance for off-cycle technologies in accordance with \u00a7 535.7(f)(2) through model year 2029. Separate credit allowances for advanced technology vehicles cannot be generated; instead, manufacturers may use the credit specified in \u00a7 535.7(f)(1)(ii) through model year 2027.\n\n(10) Useful life. The following useful life values apply for the standards of this section:\n\n(i) 120,000 miles or 10 years, whichever comes first, for Class 2b through Class 3 heavy-duty pickup trucks and vans certified to Phase 1 standards.\n\n(ii) 150,000 miles or 15 years, whichever comes first, for Class 2b through Class 3 heavy-duty pickup trucks and vans certified to Phase 2 standards.\n\n(iii) For Phase 1 credits that you calculate based on a useful life of 120,000 miles, multiply any banked credits that you carry forward for use into the Phase 2 program by 1.25. For Phase 1 credit deficits that you generate based on a useful life of 120,000 miles multiply the credit deficit by 1.25 if offsetting the shortfall with Phase 2 credits.\n\n(11) Compliance with standards. A manufacturer complies with the standards of this part as described in \u00a7 535.10.\n\n(b) Heavy-duty vocational vehicles. Each manufacturer building complete or incomplete heavy-duty vocational vehicles shall comply with the fuel consumption standards in this paragraph (b) expressed in gallons per 1,000 ton-miles. When applying the fuel consumption standards in this paragraph (b), manufacturers must use the same options they use to comply with EPA in 40 CFR 1037.105 in terms of grouping vehicles and/or engines for purposes of determining applicable standards and determining compliance ( i.e., the vehicles and/or engines and must be grouped in the same way for purposes of this paragraph (b) as they are grouped for compliance with EPA's requirements in 40 CFR 1037.105). Engines used in heavy-duty vocational vehicles shall comply with the standards in paragraph (d) of this section. Each vehicle must be manufactured to comply for its full useful life. Standards apply to the vehicle subfamilies based upon the vehicle service classes within each of the vocational vehicle regulatory subcategories in accordance with \u00a7 535.4 and based upon the applicable modeling and testing specified in \u00a7 535.6. Determine the duty cycles that apply to vocational vehicles according to 40 CFR 1037.140 and 1037.150(z).\n\n(1) Mandatory standards. Heavy-duty vocational vehicle subfamilies produced for Phase 1 must comply with the fuel consumption standards in paragraph (b)(3) of this section. For Phase 2, each vehicle manufacturer of heavy-duty vocational vehicle subfamilies must comply with the fuel consumption standards in paragraph (b)(4) of this section.\n\n(i) For model years 2016 to 2020, the heavy-duty vocational vehicle category is subdivided by GVWR into three regulatory subcategories as defined in \u00a7 535.4, each with its own assigned standard.\n\n(ii) For model years 2021 and later, the heavy-duty vocational vehicle category is subdivided into 15 regulatory subcategories depending upon whether vehicles are equipped with a compression or spark-ignition engine, as defined in \u00a7 535.4. Standards also differ based upon vehicle service class and intended vehicle duty cycles. See 40 CFR 1037.140 and 1037.150(z).\n\n(iii) For purposes of certifying vehicles to fuel consumption standards, manufacturers must divide their product lines in each regulatory subcategory into vehicle families that have similar emissions and fuel consumption features, as specified by EPA in 40 CFR 1037.230. These families will be subject to the applicable standards. Each vehicle family is limited to a single model year.\n\n(A) Vocational vehicles including custom chassis vehicles must use qualified automatic tire inflation systems or tire pressure monitoring systems for wheels on all axles.\n\n(B) [Reserved]\n\n(2) Voluntary compliance. (i) For model years 2013 through 2015, a manufacturer may choose voluntarily to comply early with the fuel consumption standards provided in paragraph (b)(3) of this section. For example, a manufacturer may choose to comply early in order to begin accumulating credits through over-compliance with the applicable standards. A manufacturer choosing early compliance must comply with all the vehicles and engines it manufacturers in each regulatory category for a given model year.\n\n(ii) A manufacturer must declare its intent to voluntarily comply with fuel consumption standards and identify its plans to comply before it submits its first application for a certificate of conformity for the respective model year as specified in \u00a7 535.8; and, once selected, the decision cannot be reversed and the manufacturer must continue to comply for each subsequent model year for all the vehicles and engines it manufacturers in each regulatory category for a given model year.\n\n(3) Regulatory subcategory standards for model years 2013 to 2020. The mandatory and voluntary fuel consumption standards for heavy-duty vocational vehicles are given in the following table:\n\nTable 8\u2014Phase 1 Vocational Vehicle Fuel Consumption Standards\n\n[Gallons per 1000 ton-miles]\n\n(4) Regulatory subcategory standards for model years 2021 and later. The mandatory fuel consumption standards for heavy-duty vocational vehicles are given in the following table:\n\nTable 9 to Paragraph (b)(4) \u2014Phase 2 Vocational Vehicle Fuel Consumption Standards\n\n[Gallons per 1,000 ton-miles]\n\n(5) Subfamily standards. Manufacturers may specify a family emission limit (FEL) in terms of fuel consumption for each vehicle subfamily. The FEL may not be less than the result of fuel consumption modeling from 40 CFR 1037.520. The FELs is the fuel consumption standards for the vehicle subfamily instead of the standards specified in paragraph (b)(3) and (4) of this section and can be used for calculating fuel consumption credits in accordance with \u00a7 535.7.\n\n(6) Alternate standards for custom chassis vehicles for model years 2021 and later. Manufacturers may elect to certify certain vocational vehicles to the alternate standards for custom chassis vehicles specified in this paragraph (b)(6) instead of the standards specified in paragraph (b)(4) of this section. Note that, although these standards were established for custom chassis vehicles, manufacturers may apply these provisions to any qualifying vehicle even though these standards were established for custom chassis vehicles. For example, large diversified vehicle manufacturers may certify vehicles to the refuse hauler standards of this section as long as the manufacturer ensures that those vehicles qualify as refuse haulers when placed into service. GEM simulates vehicle operation for each type of vehicle based on an assigned vehicle service class, independent of the vehicle's actual characteristics, as shown in Table 10 of this section; however, standards apply for the vehicle's useful life based on its actual characteristics as specified in paragraph (b)(10) of this section. Vehicles certified to these alternative standards must use engines certified to requirements under paragraph (d) of this section and 40 CFR part 1036 for the appropriate model year, except that motor homes and emergency vehicles may use engines certified with the loose-engine provisions of paragraph (a)(7) of this section and 40 CFR 1037.150(m). This also applies for vehicles meeting standards under paragraphs (b)(6)(iv) through (vi) of this section. The fuel consumption standards for custom chassis vehicles are given in the following table:\n\nTable 10\u2014Phase 2 Custom Chassis Fuel Consumption Standards\n\n[Gallon per 1,000 ton-mile]\n\n1 Vehicle types are generally defined in \u00a7 535.3. \u201cOther bus\u201d includes any bus that is not a school bus or a coach bus. A \u201cmixed-use vehicle\u201d is one that meets at least one of the criteria specified in 40 CFR 1037.631(a)(1) or at least one of the criteria in 40 CFR 1037.631(a)(2), but not both.\n\n(i) Manufacturers may generate or use fuel consumption credits for averaging to demonstrate compliance with the alternative standards as described in \u00a7 535.7(c). This requires that manufacturers specify a Family Emission Limit (FEL) for fuel consumption for each vehicle subfamily. The FEL may not be less than the result of emission modeling as described in this paragraph (b). These FELs serve as the fuel consumption standards for the vehicle subfamily instead of the standards specified in this paragraph (b)(6). Manufacturers may only use fuel consumption credits for vehicles certified to the optional standards in this paragraph (b)(6) as specified in \u00a7 535.7(c)(6) through (8) and you may not bank or trade fuel consumption credits from any vehicles certified under this paragraph (b)(6).\n\n(ii) For purposes of this paragraph (b)(6), each separate vehicle type identified in Table 10 of this section is in a separate averaging set.\n\n(iii) For purposes of emission and fuel consumption modeling under 40 CFR 1037.520, consider motor homes and coach buses to be subject to the Regional duty cycle, and consider all other vehicles to be subject to the Urban duty cycle.\n\n(iv) Emergency vehicles are deemed to comply with the standards of this paragraph (6) if manufacturers use tires with TRRL at or below 8.4 kg/ton (8.7 g/ton for model years 2021 through 2026).\n\n(v) Concrete mixers are deemed to comply with the standards of this paragraph (6) if manufacturers use tires with TRRL at or below 7.1 kg/ton (7.6 g/ton for model years 2021 through 2026).\n\n(vi) Motor homes are deemed to comply with the standards of this paragraph (b)(6) if manufacturers use the following technologies:\n\n(A) Tires with TRRL at or below 6.0 kg/ton (6.7 g/ton for model years 2021 through 2026).\n\n(B) Automatic tire inflation systems or tire pressure monitoring systems with wheels on all axles.\n\n(C) Tire pressure monitoring systems must use low pressure warning and malfunction telltales in clear view of the driver as specified in S4.3 and S4.4 of 49 CFR 571.138.\n\n(vii) Small business manufacturers using the alternative standards for custom chassis vehicles under this paragraph (b)(6) may use fuel consumption credits subject to the unique provisions in \u00a7 535.7(a)(9).\n\n(7) Advanced, innovative and off-cycle technologies. For vocational vehicles subfamilies subject to Phase 1 standards, manufacturers must create separate vehicle subfamilies for vehicles that contain advanced or innovative technologies and group those vehicles together in a vehicle subfamily if they use the same advanced or innovative technologies. Manufacturers may generate s separate credit allowances for advanced and innovative technologies as specified in \u00a7 535.7(f)(1) and (2). For vehicles subfamilies subject to Phase 2 standards, manufacturers may generate separate credit allowances for off-cycle technologies in accordance with \u00a7 535.7(f)(2). Separate credit allowances for advanced technology vehicles cannot be generated but instead manufacturers may use the credit multipliers specified in \u00a7 535.7(f)(1)(iv) through model year 2026.\n\n(8) Certifying across service classes. A manufacturer may optionally certify a vocational vehicle subfamilies to the standards and useful life applicable to a heavier vehicle service class (such as MHD vocational vehicles instead of LHD vocational vehicles). Provisions related to generating fuel consumption credits apply as follows:\n\n(i) If a manufacturer certifies all its vehicles from a given vehicle service class in a given model year to the standards and useful life that applies for a heavier vehicle service class, it may generate credits as appropriate for the heavier service class.\n\n(ii) Class 8 hybrid vehicles with light or medium heavy-duty engines may be certified to compression-ignition standards for the Heavy HDV service class. A manufacturer may generate and use credits as allowed for the Heavy HDV service class.\n\n(iii) Except as specified in paragraphs (b)(8)(i) and (ii) of this section, a manufacturer may not generate credits with the vehicle. If you include lighter vehicles in a subfamily of heavier vehicles with an FEL below the standard, exclude the production volume of lighter vehicles from the credit calculation. Conversely, if a manufacturer includes lighter vehicles in a subfamily with an FEL above the standard, it must include the production volume of lighter vehicles in the credit calculation.\n\n(9) Off-road exemptions. This section provides an exemption for heavy-duty vocational vehicle subfamilies, including vocational tractors that are intended to be used extensively in off-road environments such as forests, oil fields, and construction sites from the fuel consumption standards in this paragraph (b). Vehicle exempted by this part do not comply with vehicle standards in this paragraph (b), but the engines in these vehicles must meet the engine requirements of paragraph (d) of this section. Note that manufacturers may not include these exempted vehicles in any credit calculations under this part.\n\n(i) Qualifying criteria. Vocational vehicles with a date of manufacture before January 1, 2021 automatically qualify for an exemption under this paragraph (b)(9) if the tires installed on the vehicle have a maximum speed rating at or below 55 miles per hour. Vocational vehicles intended for off-road use are exempt without request, subject to the provisions of this section, if they are primarily designed to perform work off-road (such as in oil fields, mining, forests, or construction sites), and they meet at least one of the criteria of paragraph (b)(9)(i)(A) of this section and at least one of the criteria of paragraph (b)(9)(i)(B) of this section. See paragraph (b)(6) of this section for alternate standards that apply for vehicles meeting only one of these sets of criteria.\n\n(A) The vehicle must have affixed components designed to work inherently in an off-road environment (such as hazardous material equipment or off-road drill equipment) or be designed to operate at low speeds such that it is unsuitable for normal highway operation.\n\n(B) The vehicle must meet one of the following criteria:\n\n( 1 ) Have an axle that has a gross axle weight rating (GAWR) at or above 29,000 pounds.\n\n( 2 ) Have a speed attainable in 2.0 miles of not more than 33 mi/hr.\n\n( 3 ) Have a speed attainable in 2.0 miles of not more than 45 mi/hr, an unloaded vehicle weight that is not less than 95 percent of its gross vehicle weight rating, and no capacity to carry occupants other than the driver and operating crew.\n\n( 4 ) Have a maximum speed at or below 54 mi/hr. A manufacturer may consider the vehicle to be appropriately speed-limited if engine speed at 54 mi/hr is at or above 95 percent of the engine's maximum test speed in the highest available gear. A manufacturer may alternatively limit vehicle speed by programming the engine or vehicle's electronic control module in a way that is tamper-resistant.\n\n(ii) Tractors. The provisions of this section may apply for tractors only if each tractor qualifies as a vocational tractor under paragraph (c)(9) of this section or is granted approval for the exemption as specified in paragraph (b)(9)(iii) of this section.\n\n(iii) Preliminary approval before certification. If a manufacturers has unusual circumstances where it may be questionable whether its vehicles qualify for the off-road exemption of this part, the manufacturer may send the agencies information before finishing its application for certification (see 40 CFR 1037.205) for the applicable vehicles and ask for a preliminary informal approval. The agencies will review the request and make an appropriate determination in accordance with 40 CFR 1037.210. The agencies will generally not reverse a decision where they have given a manufacturer preliminary approval, unless the agencies find new information supporting a different decision. However, the agencies will normally not grant relief in cases where the vehicle manufacturer has credits or can otherwise comply with the applicable standards.\n\n(iv) Recordkeeping and reporting. (A) A manufacturers must keep records to document that its exempted vehicle configurations meet all applicable requirements of this section. Keep these records for at least eight years after you stop producing the exempted vehicle model. The agencies may review these records at any time.\n\n(B) A manufacturers must also keep records of the individual exempted vehicles you produce, including the vehicle identification number and a description of the vehicle configuration.\n\n(C) Within 90 days after the end of each model year, manufacturers must send to EPA a report as specified in \u00a7 535.8(g)(7) and EPA will make the report available to NHTSA.\n\n(v) Compliance. (A) Manufacturers producing vehicles meeting the off-road exemption criteria in paragraph (b)(9)(i) of this section or that are granted a preliminary approval comply with the standards of this part.\n\n(B) In situations where a manufacturer would normally ask for a preliminary approval subject to paragraph (b)(9)(iii) of this section but introduces its vehicle into U.S. commerce without seeking approval first from the agencies, those vehicles violate compliance with the fuel consumption standards of this part and the EPA provisions under 40 CFR 1068.101(a)(1).\n\n(C) If at any time, the agencies find new information that contradicts a manufacturer's use of the off-road exemption of this part, the manufacturers vehicles will be determined to be non-compliant with the regulations of this part and the manufacturer may be liable for civil penalties.\n\n(10) Useful life. The following useful life values apply for the standards of this section:\n\n(i) 110,000 miles or 10 years, whichever comes first, for vocational LHD vehicles certified to Phase 1 standards.\n\n(ii) 150,000 miles or 15 years, whichever comes first, for vocational LHD vehicles certified to Phase 2 standards.\n\n(iii) 185,000 miles or 10 years, whichever comes first, for vocational MHD vehicles for Phase 1 and 2.\n\n(iv) 435,000 miles or 10 years, whichever comes first, for vocational HHD vehicles for Phase 1 and 2.\n\n(v) For Phase 1 credits calculated based on a useful life of 110,000 miles, multiply any banked credits carried forward for use into the Phase 2 program by 1.36. For Phase 1 credit deficits generated based on a useful life of 110,000 miles multiply the credit deficit by 1.36, if offsetting the shortfall with Phase 2 credits.\n\n(11) Recreational vehicles. Recreational vehicles manufactured after model year 2020 must comply with the fuel consumption standards of this section. Manufacturers producing these vehicles may also certify to fuel consumption standards from 2014 through model year 2020. Manufacturers may earn credits retroactively for early compliance with fuel consumption standards. Once selected, a manufacturer cannot reverse the decision and the manufacturer must continue to comply for each subsequent model year for all the vehicles it manufacturers in each regulatory subcategory for a given model year.\n\n(12) Loose engines. Manufacturers may certify certain spark-ignition engines along with chassis-certified heavy-duty vehicles where there are identical engines used in those vehicles as described in 40 CFR 86.1819(k)(8) and 40 CFR 1037.150(m). Vehicles in which those engines are installed are subject to standards under this part.\n\n(13) Compliance with Standards. A manufacturer complies with the standards of this part as described in \u00a7 535.10.\n\n(c) Truck tractors. Each manufacturer building truck tractors, except vocational tractors or vehicle constructed in accordance with 49 CFR 571.7(e), with a GVWR above 26,000 pounds shall comply with the fuel consumption standards in this paragraph (c) expressed in gallons per 1,000 ton-miles. When applying the fuel consumption standards in this paragraph (c), manufacturers must use the same options they use to comply with EPA in 40 CFR 1037.106 in terms of grouping vehicles and/or engines for purposes of determining applicable standards and determining compliance ( i.e., the vehicles and/or engines and must be grouped in the same way for purposes of this paragraph (c) as they are grouped for compliance with EPA's requirements in 40 CFR 1037.106). Engines used in heavy-duty truck tractors vehicles shall comply with the standards in paragraph (d) of this section. Each vehicle must be manufactured to comply for its full useful life. Standards apply to the vehicle subfamilies within each of the tractor vehicle regulatory subcategories in accordance with \u00a7 535.4 and 40 CFR 1037.230 and based upon the applicable modeling and testing specified in \u00a7 535.6. Determine the vehicles in each regulatory subcategory in accordance with 40 CFR 1037.140.\n\n(1) Mandatory standards. For model years 2016 and later, each manufacturer's truck tractor subfamilies must comply with the fuel consumption standards in paragraph (c)(3) of this section.\n\n(i) Based on the roof height and the design of the cab, the truck tractor category is divided into subcategories as described in \u00a7 535.4. The standards that apply to each regulatory subcategory are shown in paragraphs (c)(2) and (3) of this section, each with its own assigned standard.\n\n(ii) For purposes of certifying vehicles to fuel consumption standards, manufacturers must divide their product lines in each regulatory subcategory into vehicles subfamilies that have similar emissions and fuel consumption features, as specified by EPA in 40 CFR 1037.230, and these subfamilies will be subject to the applicable standards. Each vehicle subfamily is limited to a single model year.\n\n(iii) Standards for truck tractor engines are given in paragraph (d) of this section.\n\n(2) Voluntary compliance. (i) For model years 2013 through 2015, a manufacturer may choose voluntarily to comply early with the fuel consumption standards provided in paragraph (c)(3) of this section. For example, a manufacturer may choose to comply early in order to begin accumulating credits through over-compliance with the applicable standards. A manufacturer choosing early compliance must comply with all the vehicles and engines it manufacturers in each regulatory category for a given model year.\n\n(ii) A manufacturer must declare its intent to voluntarily comply with fuel consumption standards and identify its plans to comply before it submits its first application for a certificate of conformity for the respective model year as specified in \u00a7 535.8; and, once selected, the decision cannot be reversed and the manufacturer must continue to comply for each subsequent model year for all the vehicles and engines it manufacturers in each regulatory category for a given model year.\n\n(3) Regulatory subcategory standards. The fuel consumption standards for truck tractors, except for vocational tractors, are given in the following table:\n\nTable 11\u2014Truck Tractor Fuel Consumption Standards\n\n[Gallons per 1,000 ton-miles]\n\n(4) Subfamily standards. Manufacturers may generate or use fuel consumption credits for averaging, banking, and trading as described in \u00a7 535.7(c). This requires that manufacturers calculate a credit quantity if they specify a Family Emission Limit (FEL) that is different than the standard specified in this section. The FEL may not be less than the result of emission and fuel consumption modeling from 40 CFR 1037.520. These FELs serve as the emission standards for the specific vehicle subfamily instead of the standards specified in paragraph (2) of this section.\n\n(5) Alternate standards for tractors at or above 120,000 pounds GCWR. Manufacturers may certify tractors at or above 120,000 pounds GCWR to the following fuel consumption standards in the following table:\n\nTable 12 to Paragraph (c)(5) \u2014Alternate Fuel Consumption Standards for Tractors Above 120,000 Pounds GCWR for 2021 MY and Later\n\n[Gallons per 1,000 ton-miles]\n\n(6) Advanced, innovative and off-cycle technologies. For tractors subject to Phase 1 standards, manufacturers must create separate vehicle subfamilies for vehicles that contain advanced or innovative technologies and group those vehicles together in a vehicle subfamilies if they use the same advanced or innovative technologies. Manufacturers may generate separate credit allowances for advanced and innovative technologies as specified in \u00a7 535.7(f)(1) and (2). For vehicles subject to Phase 2 standards, manufacturers may generate separate credits allowance for off-cycle technologies in accordance with \u00a7 535.7(f)(2). Separate credit allowances for advanced technology vehicles cannot be generated but instead manufacturers may use the credit multipliers specified in \u00a7 535.7(f)(1)(iv) through model year 2026.\n\n(7) Certifying across service classes. Manufacturers may certify Class 7 tractors to Class 8 tractors standards as follows:\n\n(i) A manufacturer may optionally certify 4x2 tractors with heavy heavy-duty engines to the standards and useful life for Class 8 tractors, with no restriction on generating or using fuel consumption credits within the Class 8 averaging set.\n\n(ii) A manufacturer may optionally certify a Class 7 tractor to the standards and useful life applicable to Class 8 tractors. Credit provisions apply as follows:\n\n(A) If a manufacturer certifies all of its Class 7 tractors to Class 8 standards, it may use these Heavy HDV credits without restriction.\n\n(B) This paragraph (c)(7)(ii)(B) applies if a manufacturer certifies some Class 7 tractors to Class 8 standards under this paragraph (c)(7)(ii) but not all of them. If a manufacturer includes Class 7 tractors in a subfamily of Class 8 tractors with an FEL below the standard, exclude the production volume of Class 7 tractors from the credit calculation. Conversely, if a manufacturer includes Class 7 tractors in a subfamily of Class 8 tractors with an FEL above the standard, it must include the production volume of Class 7 tractors in the credit calculation.\n\n(8) Expanded families. Manufacturers may combine dissimilar vehicles into a single vehicle subfamilies for applying standards and for testing in special circumstances as follows:\n\n(i) For a Phase 1 vehicle model that straddles a roof-height, cab type, or GVWR division, manufacturers can include all the vehicles in the same vehicle family if it certifies the vehicle family to the more stringent standard. For roof height, the manufacturer must certify to the taller roof standard. For cab-type and GVWR, the manufacturers must certify to the numerically lower standard.\n\n(ii) For a Phase 2 vehicle model that includes a range of GVWR values that straddle weight classes, manufacturers may include all the vehicles in the same vehicle family if it certifies the vehicle family to the numerically lower fuel consumption standard from the affected service classes. Vehicles that are optionally certified to a more stringent standard under this paragraph are subject to useful-life and all other provisions corresponding to the weight class with the numerically lower fuel consumption standard. For a Phase 2 tractor model that includes a range of roof heights that straddle subcategories, a manufacturer may include all the vehicles in the same vehicle family if it certifies the vehicle family to the appropriate subcategory as follows:\n\n(A) A manufacturer may certify mid-roof tractors as high-roof tractors, but it may not certify high-roof tractors as mid-roof tractors.\n\n(B) For tractor families straddling the low-roof/mid-roof division, a manufacturer may certify the family based on the primary roof-height as long as no more than 10 percent of the tractors are certified to the otherwise inapplicable subcategory. For example, if 95 percent of the tractors in the family are less than 120 inches tall, and the other 5 percent are 122 inches tall, a manufacturer may certify the tractors as a single family in the low-roof subcategory.\n\n(C) Determine the appropriate aerodynamic bin number based on the actual roof height if the C d A value is measured. However, use the GEM input for the bin based on the standards to which the manufacturer certifies. For example, of a manufacturer certifies as mid roof tractors some low-roof tractors with a measured C d A value of 4.2 m\n 2 , it qualifies as Bin IV; and must input into GEM the mid-roof Bin IV value of 5.85 m\n 2 .\n\n(9) Vocational tractors. Tractors meeting the definition of vocational tractors in 49 CFR 523.2 must comply with requirements for heavy-duty vocational vehicles specified in paragraphs (b) and (d) of this section. For Phase 1, Class 7 and Class 8 tractors certified or exempted as vocational tractors are limited in production to no more than 21,000 vehicles in any three consecutive model years. If a manufacturer is determined as not applying this allowance in good faith by EPA in its applications for certification in accordance with 40 CFR 1037.205 and 1037.610, a manufacturer must comply with the tractor fuel consumption standards in paragraph (c)(3) of this section. No production limit applies for vocational tractors subject to Phase 2 standards.\n\n(10) Small business manufacturers converting to mid roof or high roof configurations. Small manufacturers are to allowed convert low and mid roof tractors to high roof configurations without recertification, provided it is for the purpose of building a custom sleeper tractor or conversion to a natural gas tractor as specified in 40 CFR 1037.150(r).\n\n(11) Useful life. The following useful life values apply for the standards of this section:\n\n(i) 185,000 miles or 10 years, whichever comes first, for vehicles at or below 33,000 pounds GVWR.\n\n(ii) 435,000 miles or 10 years, whichever comes first, for vehicles above 33,000 pounds GVWR.\n\n(12) Conversion to high-roof configurations. Secondary vehicle manufacturers that qualify as small manufacturers may convert low- and mid-roof tractors to high-roof configurations without recertification for the purpose of building a custom sleeper tractor or converting it to run on natural gas, as follows:\n\n(i) The original low- or mid-roof tractor must be covered by a valid certificate of conformity by EPA.\n\n(ii) The modifications may not increase the frontal area of the tractor beyond the frontal area of the equivalent high-roof tractor with the corresponding standard trailer. If a manufacturer cannot use the original manufacturer's roof fairing for the high-roof tractor, use good engineering judgment to achieve similar or better aerodynamic performance.\n\n(iii) The agencies may require that these manufacturers submit annual production reports as described in \u00a7 535.8 and 40 CFR 1037.250 indicating the original roof height for requalified vehicles.\n\n(13) Compliance with standards. A manufacturer complies with the standards of this part as described in \u00a7 535.10.\n\n(d) Heavy-duty engines. Each manufacturer of heavy-duty engines shall comply with the fuel consumption standards in this paragraph (d) of this section expressed in gallons per 100 horsepower-hour. When applying the fuel consumption standards in this paragraph (d), manufacturers must use the same options they use to comply with EPA in 40 CFR 1036.108 in terms of grouping engines for purposes of determining applicable standards and determining compliance ( i.e., the engines must be grouped in the same way for part 535.5(d) purposes as they are grouped for compliance with EPA's requirements in 40 CFR 1036.108). Each engine must be manufactured to comply for its full useful life, expressed in service miles, operating hours, or calendar years, whatever comes first. The provisions of this part apply to all new 2014 model year and later heavy-duty engines fueled by conventional and alternative fuels and manufactured for use in heavy-duty tractors or vocational vehicles. Standards apply to the engine and powertrain families and sub-families based upon the primary intended service classes within each of the engine regulatory subcategories as described in \u00a7 535.4 and based upon the applicable modeling and testing specified in \u00a7 535.6.\n\n(1) Mandatory standards. Manufacturers of heavy-duty engine families shall comply with the mandatory fuel consumption standards in paragraphs (d)(3) through (6) of this section for model years 2017 and later for compression-ignition engines and for model years 2016 and later for spark-ignition engines.\n\n(i) The heavy-duty engine regulatory category is divided into six regulatory subcategories, five compression-ignition subcategories and one spark-ignition subcategory, as shown in Table 14 of this section.\n\n(ii) Separate standards exist for engine families manufactured for use in heavy-duty vocational vehicles and in truck tractors.\n\n(iii) For purposes of certifying engines to fuel consumption standards, manufacturers must divide their product lines in each regulatory subcategory into engine families. Fuel consumption standards apply each model year to the same engine families used to comply with EPAstandards in 40 CFR 1036.108 and 40 CFR 1037.230. An engine family is designated under the EPA program based upon testing specified in 40 CFR part 1036, subpart F, and the engine family's primary intended service class. Each engine family manufactured for use in a heavy-duty tractor or vocational vehicle must be certified to the primary intended service class that it is designed for in accordance with 40 CFR 1036.108 and 1036.140.\n\n(2) Voluntary compliance. (i) For model years 2013 through 2016 for compression-ignition engine families, and for model year 2015 for spark-ignition engine families, a manufacturer may choose voluntarily to comply with the fuel consumption standards provided in paragraphs (d)(3) through (5) of this section. For example, a manufacturer may choose to comply early in order to begin accumulating credits through over-compliance with the applicable standards. A manufacturer choosing early compliance must comply with all the vehicles and engines it manufacturers in each regulatory category for a given model year except in model year 2013 the manufacturer may comply with individual engine families as specified in 40 CFR 1036.150(a)(2).\n\n(ii) A manufacturer must declare its intent to voluntarily comply with fuel consumption standards and identify its plans to comply before it submits its first application for a certificate of conformity for the respective model year as specified in \u00a7 535.8; and, once selected, the decision cannot be reversed and the manufacturer must continue to comply for each subsequent model year for all the vehicles and engines it manufacturers in each regulatory category for a given model year.\n\n(3) Regulatory subcategory standards. The primary fuel consumption standards for heavy-duty engine families are given in the following table:\n\nTable 13 to Paragraph ( d )(3)\u2014Primary Heavy-Duty Engine Fuel Consumption Standards\n\n[Gallons per 100 hp-hr]\n\n(4) Alternate subcategory standards. The alternative fuel consumption standards for heavy-duty compression-ignition engine families are as follows:\n\n(i) Manufacturers entering the voluntary program in model years 2014 through 2016, may choose to certify compression-ignition engine families unable to meet standards provided in paragraph (d)(3) of this section to the alternative fuel consumption standards of this paragraph (d)(4).\n\n(ii) Manufacturers may not certify engines to these alternate standards if they are part of an averaging set in which they carry a balance of banked credits. For purposes of this section, manufacturers are deemed to carry credits in an averaging set if they carry credits from advance technology that are allowed to be used in that averaging set in accordance with \u00a7 535.7(d)(12).\n\n(iii) The emission standards of this section are determined as specified by EPA in 40 CFR 1036.620(a) through (c) and should be converted to equivalent fuel consumption values.\n\n(5) Alternate phase-in standards. Manufacturers have the option to comply with EPA emissions standards for compression-ignition engine families using an alternative phase-in schedule that correlates with EPA's OBD standards. If a manufacturer chooses to use the alternative phase-in schedule for meeting EPA standards and optionally chooses to comply early with the NHTSA fuel consumption program, it must use the same phase-in schedule beginning in model year 2013 for fuel consumption standards and must remain in the program for each model year thereafter until model year 2020. The fuel consumption standard for each model year of the alternative phase-in schedule is provided in Table 15 of this section. Note that engine families certified to these standards are not eligible for early credits under \u00a7 535.7.\n\nTable 14\u2014Phase 1 Alternative Phase-In CI Engine Fuel Consumption Standards\n\n[Gallons per 100 hp-hr]\n\n\u2020 Note: These alternate standards for 2016 and later are the same as the otherwise applicable standards for 2017 through 2020.\n\n(6) Alternative fuel conversions. Engines that have been converted to operate on alternative fuels may demonstrate compliance with the standards of this part or other alternative compliance approaches allowed by EPA in 40 CFR 85.525.\n\n(7) Optional certification under this section. Manufacturers certifying spark-ignition engines to the compression-ignition standards for EPA must treat those engines as compression-ignition engines for all the provisions of this part.\n\n(8) Advanced, innovative and off-cycle technologies. For engines subject to Phase 1 standards, manufacturers must create separate engine families for engines that contain advanced or innovative technologies and group those engines together in an engine family if they use the same advanced or innovative technologies. Manufacturers may generate separate credit allowances for advanced and innovative technologies as specified in \u00a7 535.7(f)(1) and (2). For engines subject to Phase 2 standards, manufacturers may generate separate credits allowance for off-cycle technologies in accordance with \u00a7 535.7(f)(2). Credit incentives for advanced technology engines do not apply during the Phase 2 period.\n\n(9) Useful life. The exhaust emission standards of this section apply for the full useful life, expressed in service miles, operating hours, or calendar years, whichever comes first. The following useful life values apply for the standards of this section:\n\n(i) 120,000 miles or 11 years, whichever comes first, for CI and SI LHD engines certified to Phase 1 standards.\n\n(ii) 150,000 miles or 15 years, whichever comes first, for CI and SI LHD and spark-ignition engines certified to Phase 2 standards.\n\n(iii) 185,000 miles or 10 years, whichever comes first, for CI MHD engines certified to Phase 1 and for Phase 2.\n\n(iv) 435,000 miles or 10 years, whichever comes first, for CI HHD engines certified to Phase 1 and for Phase 2.\n\n(v) For Phase 1 credits that manufacturers calculate based on a useful life of 110,000 miles, multiply any banked credits that it carries forward for use into the Phase 2 program by 1.36. For Phase 1 credit deficits that manufacturers generate based on a useful life of 110,000 miles multiply the credit deficit by 1.36, if offsetting the shortfall with Phase 2 credits.\n\n(10) Loose engines. This paragraph (10) describes alternate emission and fuel consumption standards for loose engines certified under. The standards of this paragraph (d) and 1036.108 do not apply for loose engines certified under paragraph (a) of this section and 40 CFR 86.1819-14(k)(8). The standards in 40 CFR 1036.150(j) apply for the emissions and equivalent fuel consumption measured with the engine installed in a complete vehicle consistent with the provisions of 40 CFR 86.1819-14(k)(8)(vi).\n\n(11) Alternate transition option for Phase 2 engine standards. (i) Manufacturers may optionally elect to comply with the model year 2021 primary (Phase 2) vocational vehicle and tractor engine standards in paragraph (d)(3) of this section beginning in model year 2020 ( e.g. comply with the more stringent standards one year early). The model year 2021 standard would apply to these manufacturers for model years 2020 through 2023. Manufacturers that voluntarily certify their engines to model year 2021 standards early would then be eligible for less stringent engine tractor standards in model years 2024 through 2026, as follows:\n\n(A) 5.3241 gallons per 100 hp-hr for MHD vocational vehicle engines.\n\n(B) 4.5874 gallons per 100 hp-hr for MHD tractor engines.\n\n(C) 5.0098 gallons per 100 hp-hr for HHD vocational vehicle engines.\n\n(D) 4.3418 gallons per 100 hp-hr for HHD tractor engines.\n\n(ii) The primary standard in paragraph (d)(3) applies for all manufacturers in model year 2027 and later years.\n\n(iii) Manufacturers may apply these provisions separately for medium heavy-duty engines and heavy heavy-duty engines. This election applies to all engines in each segment. For example, if a manufacturer elects this alternate option for its medium heavy-duty engines, all of the manufacturer's medium heavy-duty vocational and tractor engines must comply. Engine fuel consumption credits generated under \u00a7 535.7(d) for manufacturers complying early with the model year 2021 standards follow the temporary extended credit life allowance in \u00a7 535.7(d)(9).\n\n(12) Compliance with Standards. A manufacturer complies with the standards of this part as described in \u00a7 535.10."], ["49:49:6.1.2.3.16.0.1.6", 49, "Transportation", "V", "", "535", "PART 535\u2014MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM", "", "", "", "\u00a7 535.6 Measurement and calculation procedures.", "NHTSA", "", "", "[81 FR 74238, Oct. 25, 2016, as amended at 85 FR 25274, Apr. 30, 2020; 89 FR 18828, Mar. 15, 2024; 89 FR 52952, June 24, 2024]", "This part describes the measurement and calculation procedures manufacturers use to determine annual fuel consumption performance results. Manufacturers use the fuel consumption results determined in this part for calculating credit balances specified in \u00a7 535.7 and then determine whether they comply with standards as specified in \u00a7 535.10. Manufacturers must use EPA emissions test results for deriving NHTSA's fuel consumption performance rates. Consequently, manufacturers conducting testing for certification or annual demonstration testing and providing CO 2 emissions data to EPA must also provide equivalent fuel consumption results to NHTSA for all values. NHTSA and EPA reserve the right to verify separately or in coordination the results of any testing and measurement established by manufacturers in complying with the provisions of this program and as specified in 40 CFR 1037.301 and \u00a7 535.9. Any carry over data from the Phase 1 program may be carried into the Phase 2 only with approval from EPA and by using good engineering judgment considering differences in testing protocols between test procedures.\n\n(a) Heavy-duty pickup trucks and vans. This section describes the method for determining the fuel consumption performance rates for test groups and for fleets of complete heavy-duty pickup trucks and vans each model year. The NHTSA heavy-duty pickup truck and van fuel consumption performance rates correspond to the same requirements for EPA as specified in 40 CFR 86.1819-14.\n\n(1) For the Phase 1 program, if the manufacturer's fleet includes conventional vehicles (gasoline, diesel and alternative fueled vehicles) and advanced technology vehicles (hybrids with powertrain designs that include energy storage systems, vehicles with waste heat recovery, electric vehicles and fuel cell vehicles), it may divide its fleet into two separate fleets each with its own separate fleet average fuel consumption performance rate. For Phase 2 and later, manufacturers may calculate their fleet average fuel consumption rates for a conventional fleet and separate advanced technology vehicle fleets. Advanced technology vehicle fleets should be separated into plug-in hybrid electric vehicles, electric vehicles and fuel cell vehicles.\n\n(2) Vehicles in each fleet should be selected and divided into test groups or subconfigurations according to EPA in 40 CFR 86.1819-14(d).\n\n(3) Use the EPA CO 2 emissions test results for each test group, in grams per mile, for the selected vehicles.\n\n(i) Use CO 2 emissions test results for vehicles fueled by conventional and alternative fuels, including dedicated and dual-fueled (multi-fuel and flexible-fuel) vehicles using each fuel type as specified in 40 CFR 86.1819-14(d)(10).\n\n(ii) Use CO 2 emissions test results for dual-fueled vehicles using a weighted average of the manufacturer's emission results as specified in 40 CFR 600.510-12(k) for light-duty trucks.\n\n(iii) All electric vehicles are deemed to have zero emissions of CO 2 , CH 4 , and N 2 O. No emission testing is required for such electric vehicles. Assign the fuel consumption test group result to a value of zero gallons per 100 miles in paragraph (a)(4) of this section.\n\n(iv) Use CO 2 emissions test results for cab-complete and incomplete vehicles based upon the applicable complete sister vehicles as determined in 40 CFR 1819-14(j)(2).\n\n(v) Use CO 2 emissions test results for loose engines using applicable complete vehicles as determined in 40 CFR 86.1819-14(k)(8).\n\n(vi) Manufacturers can choose to analytically derive CO 2 emission rates (ADCs) for test groups or subconfigurations. Use ADCs for test groups or subconfigurations in accordance with 40 CFR 86.1819-14 (d) and (g).\n\n(4) Calculate equivalent fuel consumption results for all test groups, in gallons per 100 miles, from CO 2 emissions test group results, in grams per miles, and round to the nearest 0.001 gallon per 100 miles.\n\n(i) Calculate the equivalent fuel consumption test group results as follows for compression-ignition vehicles and alternative fuel compression-ignition vehicles. CO 2 emissions test group result (grams per mile)/10,180 grams per gallon of diesel fuel) \u00d7 (10\n 2 ) = Fuel consumption test group result (gallons per 100 mile).\n\n(ii) Calculate the equivalent fuel consumption test group results as follows for spark-ignition vehicles and alternative fuel spark-ignition vehicles. CO 2 emissions test group result (grams per mile)/((8,887 grams per gallon of gasoline fuel) \u00d7 (10 \u22122 )) = Fuel consumption test group result (gallons per 100 mile).\n\n(5) Calculate the fleet average fuel consumption result, in gallons per 100 miles, from the equivalent fuel consumption test group results and round the fuel consumption result to the nearest 0.001 gallon per 100 miles. Calculate the fleet average fuel consumption result using the following equation.\n\nWhere:\n \n Fuel Consumption Test Group Result i = fuel consumption performance for each test group as defined in 49 CFR 523.4.\n \n Volume i = production volume of each test group.\n\nWhere:\n\nFuel Consumption Test Group Result i = fuel consumption performance for each test group as defined in 49 CFR 523.4.\n\nVolume i = production volume of each test group.\n\n(6) Compare the fleet average fuel consumption standard to the fleet average fuel consumption performance. The fleet average fuel consumption performance must be less than or equal to the fleet fuel consumption standard to comply with standards in \u00a7 535.5(a).\n\n(b) Heavy-duty vocational vehicles and tractors. This section describes the method for determining the fuel consumption performance rates for vehicle families of heavy-duty vocational vehicles and tractors. The NHTSA heavy-duty vocational vehicle and tractor fuel consumption performance rates correspond to the same requirements for EPA as specified in 40 CFR 1037, subpart F.\n\n(1) Select vehicles and vehicle family configurations as specified in 40 CFR 1037.150 and 1037.230 for vehicles that make up each of the manufacturer's regulatory subcategories of vocational vehicles and tractors. For the Phase 2 program, select powertrain, axle and transmission families in accordance with 40 CFR 1037.231 and 1037.232.\n\n(2) Follow the EPA testing requirements in 40 CFR 1037.230 and 1037.501 to derive inputs for the Greenhouse gas Emissions Model (GEM).\n\n(3) Enter inputs into GEM, in accordance with 40 CFR 1037.520, to derive the emissions and fuel consumption performance results for all vehicles (conventional, alternative fueled and advanced technology vehicles).\n\n(4) For Phase 1 and 2, all of the following GEM inputs apply for vocational vehicles and other tractor regulatory subcategories, as follows:\n\n(i) Model year and regulatory subcategory (see \u00a7 535.3 and 40 CFR 1037.230).\n\n(ii) Coefficient of aerodynamic drag (C d A) or drag area, as described in 40 CFR 1037.520(b), 1037.525, 1037.527, and 1037.528. Alternatively, manufacturers may use C d A values as specified in 40 CFR 1037.530, 1037.532, or 1037.534 if used for determining CO 2 compliance for EPA. Manufacturers must use the same compliance approach for determining C d A values in GEM for the NHTSA and EPA programs.\n\n(iii) Steer and drive tire rolling resistance, as described in 40 CFR 1037.520(c).\n\n(iv) Vehicle speed limit, as described in 40 CFR 1037.520(d) (tractors only).\n\n(v) Vehicle weight reduction, as described in 40 CFR 1037.520(e) (tractors only for Phase 1).\n\n(vi) Automatic engine shutdown systems, as described in 40 CFR 1037.660 (only for Phase 1 Class 8 sleeper cabs). For Phase 1, enter a GEM input value of 5.0 g/ton-mile, or an adjusted value as specified in 40 CFR 1037.660.\n\n(5) For Phase 2 vehicles, the GEM inputs described in paragraphs (b)(4)(i) through (v) of this section continue to apply. Note that the provisions related to vehicle speed limiters and automatic engine shutdown systems are available for vocational vehicles in Phase 2. The additional GEM inputs that apply for vocational vehicles and other tractor regulatory subcategories for demonstrating compliance with Phase 2 standards are as follows:\n\n(i) Engine characteristics. Enter information from the engine manufacturer to describe the installed engine and its operating parameters as described in 40 CFR 1036.503 and 1037.520(f).\n\n(ii) Vehicle information. Enter information in accordance with 40 CFR 1037.520(g) for the vehicle and its operating parameters including:\n\n(A) Transmission make, model and type;\n\n(B) Drive axle configuration;\n\n(C) Drive axle ratio, k a ;\n\n(D) GEM inputs associated with powertrain testing include powertrain family, transmission calibration identifier, test data from 40 CFR 1037.550, and the powertrain test configuration (dynamometer connected to transmission output or wheel hub).\n\n(iii) Idle-reduction technologies. Identify whether the manufacturer's vehicle has qualifying idle-reduction technologies, subject to the qualifying criteria in 40 and 1037.660 and enter values for stop start and neutral idle technologies as specified in 40 CFR 1037.520(h).\n\n(iv) Axle and transmission efficiency. Manufacturers may use axle efficiency maps as described in 40 CFR 1037.560 and transmission efficiency maps as described in 40 CFR 1037.565 to replace the default values in GEM.\n\n(v) Additional reduction technologies. Enter input values in GEM as follows to characterize the percentage CO 2 emission reduction corresponding to certain technologies and vehicle configurations, or enter 0 as specified in 40 CFR 1037.520(j):\n\n(A) Intelligent controls\n\n(B) Accessory load\n\n(C) Tire-pressure systems\n\n(D) Extended-idle reduction\n\n(E) Additional GEM inputs may apply as follows:\n\n( 1 ) Enter 1.7 and 0.9, respectively, for school buses and coach buses that have at least seven available forward gears.\n\n( 2 ) If the agencies approve an off-cycle technology under \u00a7 535.7(f) and 40 CFR 1037.610 in the form of an improvement factor, enter the improvement factor expressed as a percentage reduction in CO 2 emissions. (Note: In the case of approved off-cycle technologies whose benefit is quantified as a g/ton-mile credit, apply the credit to the GEM result, not as a GEM input value.)\n\n( 3 ) Manufacturers may use values to characterize torque converters as inputs to GEM as specified in the procedure defined in 40 CFR 1037.570.\n\n( 4 ) Vocational vehicle manufacturers may optionally use values for neutral coasting in GEM as specified in 40 CFR 1037.520.\n\n(vi) Vehicles with hybrid power take-off (PTO). For vocational vehicles, determine the delta PTO emission result of the manufacturer's engine and hybrid power take-off system as described in 40 CFR 1037.540.\n\n(vii) Aerodynamic improvements for vocational vehicles. For vocational vehicles certified using the Regional duty cycle, enter \u0394C d A values to account for using rear fairings and a reduced minimum frontal area as specified in 40 CFR 1037.520(m) and 1037.527.\n\n(viii) Alternate fuels. For fuels other than those identified in GEM, perform the simulation by identifying the vehicle as being diesel-fueled if the engine is subject to the compression-ignition standard, or as being gasoline-fueled if the engine is subject to the spark-ignition standards. Correct the engine or powertrain fuel map for mass-specific net energy content as described in 40 CFR 1036.535(b).\n\n(ix) Custom chassis vehicles. A simplified versions of GEM applies for custom chassis vehicle subject \u00a7 535.5(b)(6) in accordance with 40 CFR 1037.520(a)(2)(ii).\n\n(6) In unusual circumstances, manufacturers may ask EPA to use weighted average results of multiple GEM runs to represent special technologies for which no single GEM run can accurately reflect.\n\n(7) From the GEM results, select the CO 2 family emissions level (FEL) and equivalent fuel consumption values for vocational vehicle and tractor families in each regulatory subcategory for each model year. Equivalent fuel consumption FELs are derived in GEM and expressed to the nearest 0.0001 gallons per 1000 ton-mile. For families containing multiple subfamilies, identify the FELs for each subfamily.\n\n(c) [Reserved]\n\n(d) Heavy-duty engines. This section describes the method for determining equivalent fuel consumption family certification level (FCL) values for engine and powertrain families and subfamilies of heavy-duty truck tractors and vocational vehicles. The NHTSA heavy-duty engine fuel consumption FCLs are determined from the EPA FCLs tested in accordance with 40 CFR part 1036, subpart F. Each engine and powertrain family must use the same primary intended service class as designated for EPA in accordance with 40 CFR 1036.140.\n\n(1) Manufacturers must select emission-data engines representing the tested configuration of each engine family specified in 40 CFR 1036.501 for engines in heavy-duty truck tractors and vocational vehicles that make up each of the manufacturer's regulatory subcategories.\n\n(2) Standards in \u00a7 535.5(d) apply to the CO2 emissions rates for each emissions-data engine in an engine or powertrain family or sub-family subject to the procedures and equipment specified in 40 CFR part 1036, subpart F. Determine equivalent fuel consumptions rates using CO2 emissions rates in grams per hp-hr measured to at least one more decimal place than that of the applicable EPA standard in 40 CFR 1036.108.\n\n(i) Use the CO 2 emissions test results for engines running on each fuel type for conventional, dedicated, multi-fueled (dual-fuel, and flexible-fuel) engines as specified in 40 CFR part 1036, subpart F.\n\n(ii) Use the CO 2 emissions result for multi-fueled engines using the same weighted fuel mixture emission results as specified in 40 CFR 1036.235 and 40 CFR part 1036, subpart F.\n\n(iii) Use the CO 2 emissions test results for hybrid engines as described in 40 CFR 1036.525.\n\n(iv) All electric vehicles are deemed to have zero emissions of CO 2 and zero fuel consumption. No emission or fuel consumption testing is required for such electric vehicles.\n\n(3) For medium HD and heavy HD engines certified as tractor and other long-haul engine families, use the CO2 emissions test results from the steady-state duty cycle, which is referred to as the Supplemental Emission Test (SET), as specified in 40 CFR 1036.510 for each model year; for medium HD and heavy HD engines certified as tractor and vocational engine families, use the CO2 test results from the transient duty cycle, which is referred to as the Federal Test Procedure (FTP) duty cycle, as specified in 40 CFR 1036.512 for each model year; for all other engines (including those certifying to SI standards) use the CO2 emissions test results from the appropriate duty cycle, as specified in 40 CFR 1036.501 for each model year.\n\n(i) If a manufacturer certifies an engine family for use both as a vocational engine and as a tractor engine, the manufacturer must split the family into two separate subfamilies in accordance with 40 CFR 1036.230. The manufacturer may assign the numbers and configurations of engines within the respective subfamilies at any time prior to the submission of the end-of-year report required by 40 CFR 1036.730 and \u00a7 535.8. The manufacturer must track into which type of vehicle each engine is installed, although EPA may allow the manufacturer to use statistical methods to determine this for a fraction of its engines.\n\n(ii) The following engines are excluded from the engine and powertrain families and subfamilies used to determine fuel consumption FCL values and the benefit for these engines is determined as an advanced technology credit under the ABT provisions provided in \u00a7 535.7(e); these provisions apply only for the Phase 1 program:\n\n(A) Engines certified as hybrid engines or power packs.\n\n(B) Engines certified as hybrid engines designed with PTO capability and that are sold with the engine coupled to a transmission.\n\n(C) Engines with Rankine cycle waste heat recovery.\n\n(4) Manufacturers generating CO 2 emissions rates to demonstrate compliance to EPA vehicle standards for model years 2021 and later, using engine fuel maps determined in accordance with 40 CFR 1036.535 and 1036.540 or engine powertrain results configuration, must use the same compliance pathway and model years for certifying under the NHTSA program. Manufacturers may omit providing equivalent fuel consumption FCLs under this section if all of its engines will be installed in vehicles that are certified based on powertrain testing as described in 40 CFR 1037.550.\n\n(5) Calculate equivalent fuel consumption values from the emissions CO 2 FCLs levels for certified engines, in gallons per 100 hp-hr and round each fuel consumption value to the nearest 0.0001 gallon per 100 hp-hr.\n\n(i) Calculate equivalent fuel consumption FCL values for compression-ignition engines and alternative fuel compression-ignition engines. CO 2 FCL value (grams per hp-hr)/10,180 grams per gallon of diesel fuel) \u00d7 (10\n 2 ) = Fuel consumption FCL value (gallons per 100 hp-hr).\n\n(ii) Calculate equivalent fuel consumption FCL values for spark-ignition engines and alternative fuel spark-ignition engines. CO 2 FCL value (grams per hp-hr)/((8,887 grams per gallon of gasoline fuel) \u00d7 (10 \u22122 )) = Fuel consumption FCL value (gallons per 100 hp-hr).\n\n(iii) Manufacturers may carryover fuel consumption data from a previous model year if allowed to carry over emissions data for EPA in accordance with 40 CFR 1036.235.\n\n(iv) If a manufacturer uses an alternate test procedure under 40 CFR 1065.10 and subsequently the data is rejected by EPA, NHTSA will also reject the data."], ["49:49:6.1.2.3.16.0.1.7", 49, "Transportation", "V", "", "535", "PART 535\u2014MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM", "", "", "", "\u00a7 535.7 Averaging, banking, and trading (ABT) credit program.", "NHTSA", "", "", "[81 FR 74238, Oct. 25, 2016, as amended at 85 FR 25274, Apr. 30, 2020; 89 FR 18829, Mar. 15, 2024; 89 FR 52952, June 24, 2024]", "(a) General provisions. After the end of each model year, manufacturers must comply with the fuel consumption standards in \u00a7 535.5 for averaging, banking and trading credits. Manufacturers comply with standards if the sum of averaged, banked and traded credits generate a \u201czero\u201d credit balance or a credit surplus within an averaging set of vehicles or engines. Manufacturers fail to comply with standards if the sum of the credit flexibilities generate a credit deficit (or shortfall) in an averaging set. Credit shortfalls must be offset by banked or traded credits within three model years after the shortfall is incurred. These processes are hereafter referenced as the NHTSA ABT credit program. The following provisions apply to all fuel consumption credits.\n\n(1) Credits (or fuel consumption credits (FCCs)). Credits in this part mean a calculated weighted value representing the difference between the fuel consumption performance and the standard of a vehicle or engine family or fleet within a particular averaging set. Positive credits represent cases where a vehicle or engine family or fleets perform better than the applicable standard (the fuel consumption performance is less than the standard) whereas negative credits represent underperforming cases. The value of a credit is calculated according to paragraphs (b) through (e) of this section. FCCs are only considered earned or useable for averaging, banking or trading after EPA and NHTSA have verified the information in a manufacturer's final reports required in \u00a7 535.8. Types of FCCs include the following:\n\n(i) Conventional credits. Credits generated by vehicle or engine families or fleets containing conventional vehicles ( i.e., gasoline, diesel and alternative fueled vehicles).\n\n(ii) Early credits. Credits generated by vehicle or engine families or fleets produced for model year 2013. Early credits are multiplied by an incentive factor of 1.5 times.\n\n(iii) Advanced technology credits. Credits generated by vehicle or engine families or subconfigurations containing vehicles with advanced technologies ( i.e., hybrids with regenerative braking, vehicles equipped with Rankine-cycle engines, electric and fuel cell vehicles) as described in paragraph (f)(1) of this section.\n\n(iv) Innovative and off-cycle technology credits. Credits can be generated by vehicle or engine families or subconfigurations having fuel consumption reductions resulting from technologies not reflected in the GEM simulation tool or in the Federal Test Procedure (FTP) chassis dynamometer and that were not in common use with heavy-duty vehicles or engines before model year 2010 that are not reflected in the specified test procedure. Manufacturers should prove that these technologies were not in common use in heavy-duty vehicles or engines before model year 2010 by demonstrating factors such as the penetration rates of the technology in the market. NHTSA will not approve any request if it determines that these technologies do not qualify. The approach for determining innovative and off-cycle technology credits under this fuel consumption program is described in paragraph (f)(2) of this section and by the Environmental Protection Agency (EPA) under 40 CFR 86.1819-14(d)(13), 1036.610, and 1037.610. Starting in model year 2030, manufacturers certifying vehicles under \u00a7 535.5(a) may not earn off-cycle technology credits under 40 CFR 86.1819-14(d)(13).\n\n(2) Averaging. Averaging is the summing of a manufacturer's positive and negative FCCs for engines or vehicle families or fleets within an averaging set. The principle averaging sets are defined in \u00a7 535.4.\n\n(i) A credit surplus occurs when the net sum of the manufacturer's generated credits for engines or vehicle families or fleets within an averaging set is positive (a zero credit balance is when the sum equals zero).\n\n(ii) A credit deficit occurs when the net sum of the manufacturer's generated credits for engines or vehicle families or fleets within an averaging set is negative.\n\n(iii) Positive credits, other than advanced technology credits in Phase 1, generated and calculated within an averaging set may only be used to offset negative credits within the same averaging set.\n\n(iv) Manufacturers may certify one or more vehicle families (or subfamilies) to an FEL above the applicable fuel consumption standard, subject to any applicable FEL caps and other provisions allowed by EPA in 40 CFR parts 1036 and 1037, if the manufacturer shows in its application for certification to EPA that its projected balance of all FCC transactions in that model year is greater than or equal to zero or that a negative balance is allowed by EPA under 40 CFR 1036.745 and 1037.745.\n\n(v) If a manufacturer certifies a vehicle family to an FEL that exceeds the otherwise applicable standard, it must obtain enough FCC to offset the vehicle family's deficit by the due date of its final report required in \u00a7 535.8. The emission credits used to address the deficit may come from other vehicle families that generate FCCs in the same model year (or from the next three subsequent model years), from banked FCCs from previous model years, or from FCCs generated in the same or previous model years that it obtained through trading.\n\n(vi) Manufacturers may certify a vehicle or engine family using an FEL (as described in \u00a7 535.6) below the fuel consumption standard (as described in \u00a7 535.5) and choose not to generate conventional fuel consumption credits for that family. Manufacturers do not need to calculate fuel consumption credits for those families and do not need to submit or keep the associated records described in \u00a7 535.8 for these families. Manufacturers participating in NHTSA's FCC program must provide reports as specified in \u00a7 535.8.\n\n(3) Banking. Banking is the retention of surplus FCC in an averaging set by the manufacturer for use in future model years for the purpose of averaging or trading.\n\n(i) Surplus credits may be banked by the manufacturer for use in future model years, or traded, given the restriction that the credits have an expiration date of five model years after the year in which the credits are generated. For example, banked credits earned in model year 2014 may be utilized through model year 2019. Surplus credits will become banked credits unless a manufacturer contacts NHTSA to expire its credits.\n\n(ii) Surplus credits become earned or usable banked FCCs when the manufacturer's final report is approved by both agencies. However, the agencies may revoke these FCCs at any time if they are unable to verify them after reviewing the manufacturer's reports or auditing its records.\n\n(iii) Banked FCC retain the designation from the averaging set and model year in which they were generated.\n\n(iv) Banked credits retain the designation of the averaging set in which they were generated.\n\n(4) Trading. Trading is a transaction that transfers banked family regulatory subcategory or averaging set fuel consumption credits. Tractor, vocational vehicle and engine manufacturers may trade credits generated for vehicle or engine families or subfamilies while manufacturers of heavy-duty pickup trucks and vans certified as complete vehicles may trade credit credits generated for averaging sets. A manufacturer may use traded FCCs for averaging, banking, or further trading transactions.\n\n(i) Manufacturers may only trade banked credits to other manufacturers to use for compliance with fuel consumption standards. Traded FCCs, other than advanced technology credits earned in Phase 1, may be used only within the averaging set in which they were generated. Manufacturers may only trade credits to other entities for the purpose of expiring credits.\n\n(ii) Advanced technology credits earned in Phase 1 can be traded across different averaging sets.\n\n(iii) The agencies may revoke traded FCCs at any time if they are unable to verify them after reviewing the manufacturer's reports or auditing its records.\n\n(iv) If a negative FCC balance results from a transaction, both the buyer and seller are liable, except in cases the agencies deem to involve fraud. See \u00a7 535.9 for cases involving fraud. EPA also may void the certificates of all vehicle families participating in a trade that results in a manufacturer having a negative balance of emission credits. See 40 CFR 1037.745.\n\n(v) [Reserved]\n\n(vi) Manufacturers with deficits or projecting deficits before or during a production model year may not trade credits until its available credits exceed the deficit. Manufacturers with a deficit may not trade credits if the deadline to offset that credit deficit has passed.\n\n(5) Credit deficit (or credit shortfall). A credit shortfall or deficit occurs when the sum of the manufacturer's generated credits for engines or vehicle families or fleets within an averaging set is negative. Credit shortfalls must be offset by an available credit surplus within three model years after the shortfall was incurred. If the shortfall cannot be offset, the manufacturer is liable for civil penalties as discussed in \u00a7 535.9.\n\n(6) FCC credit plan. (i) Each model year manufacturers submit credit plan in their certificates of conformity as required in 40 CFR 1036.725(b)(2) and 40 CFR 1037.725(b)(2). The plan is required to contain equivalent fuel consumption information in accordance \u00a7 535.8(c). The plan must include:\n\n(A) Detailed calculations of projected emission and fuel consumption credits (positive or negative) based on projected U.S.-directed production volumes. The agencies may require a manufacturer to include similar calculations from its other engine or vehicle families to project its net credit balances for the model year. If a manufacturer projects negative emission and/or fuel consumption credits for a family, it must state the source of positive emission and/or fuel consumption credits it expects to use to offset the negative credits demonstrating how it plans to resolve any credit deficits that might occur for a model year within a period of up to three model years after that deficit has occurred.\n\n(B) Actual emissions and fuel consumption credit balances, credit transactions, and credit trades.\n\n(ii) Manufacturers are required to provide updated credit plans after receiving their final verified reports from EPA and NHTSA after the end of each model year.\n\n(iii) The agencies may determine that a manufacturer's plan is unreasonable or unrealistic based on a consideration of past and projected use of specific technologies, the historical sales mix of its vehicle models, subsequent failure to follow any submitted plans, and limited expected access to traded credits.\n\n(iv) The agencies may also consider the plan unreasonable if the manufacturer's credit deficit increases from one model year to the next. The agencies may require that the manufacturers must send interim reports describing its progress toward resolving its credit deficit over the course of a model year.\n\n(v) If NHTSA determines that a manufacturers plan is unreasonable or unrealistic, the manufacturer is deemed as not comply with fuel consumption standards as specified in \u00a7 535.10(c) and the manufacturer may be liable for civil penalties.\n\n(7) Revoked credits. NHTSA may revoke fuel consumption credits if unable to verify any information after auditing reports or records or conducting confirmatory testing. In the cases where EPA revokes emissions CO 2 credits, NHTSA will revoke the equivalent amount of fuel consumption credits.\n\n(8) Transition to Phase 2 standards. The following provisions allow for enhanced use of fuel consumption credits from Phase 1 tractors and vocational vehicles for meeting the Phase 2 standards:\n\n(i) Fuel consumption credits a manufacturer generates for light and medium heavy-duty vocational vehicles in model years 2018 through 2021 may be used through model year 2027, instead of being limited to a five-year credit life as specified in this part. Fuel consumption credits that small manufacturers generate for heavy heavy-duty vocational vehicles in model years 2018 through may be used through model year 2027, instead of being limited to a five-year credit life as specified in this part. Fuel consumption credits that a small manufacturer generates for vocational vehicles in model year 2022 that are certified to Phase 1 standards as permitted under \u00a7 535.3(e)(2)(ii)(B) may be used through model year 2027.\n\n(ii) The manufacturer may use the off-cycle provisions of paragraph (f) of this section to apply technologies to Phase 1 vehicles as follows:\n\n(A) A manufacturer may apply an improvement factor of 0.988 for tractors and vocational vehicles with automatic tire inflation systems on all axles.\n\n(B) For vocational vehicles with automatic engine shutdown systems that conform with 40 CFR 1037.660, a manufacturer may apply an improvement factor of 0.95.\n\n(C) For vocational vehicles with stop-start systems that conform with 40 CFR 1037.660, a manufacturer may apply an improvement factor of 0.92.\n\n(D) For vocational vehicles with neutral-idle systems conforming with 40 CFR 1037.660, manufacturers may apply an improvement factor of 0.98. Manufacturers may adjust this improvement factor if we approve a partial reduction under 40 CFR 1037.660(a)(2); for example, if the manufacturer's design reduces fuel consumption by half as much as shifting to neutral, it may apply an improvement factor of 0.99.\n\n(9) Credits for small business manufacturers. Small manufacturers may generate fuel consumption credits for natural gas-fueled vocational vehicles as follows:\n\n(i) Small manufacturers may certify their vehicles instead of relying on the exemption of \u00a7 535.3.\n\n(ii) Use Phase 1 GEM to determine a fuel consumption level for vehicle, then multiply this value by the engine's FCL for fuel consumption and divide by the engine's applicable fuel consumption standard.\n\n(iii) Use the value determined in paragraph (ii) in the credit equation specified in part (c) of this section in place of the term (Std \u2212 FEL).\n\n(iv) The following provisions apply uniquely to small businesses under the custom-chassis standards of \u00a7 535.5(b)(6):\n\n(A) Manufacturers may use fuel consumption credits generated under paragraph (c) of this section, including banked or traded credits from any averaging set. Such credits remain subject to other limitations that apply under this part.\n\n(B) Manufacturers may produce up to 200 drayage tractors in a given model year to the standards described in \u00a7 535.5(b)(6) for \u201cother buses\u201d. Treat these drayage tractors as being in their own averaging set. This limit applies with respect to vehicles produced by manufacturers within a control relationship as defined \u00a7 534.3.\n\n(10) Certifying non-gasoline engines. A manufacturer producing non-gasoline engines complying with model year 2021 or later medium heavy-duty spark-ignition standards may not generate fuel consumption credits. Only manufacturers producing gasoline engines certifying to spark-ignition standards can generate fuel consumption credits under paragraph (d) of this part.\n\n(11) Fuel consumption credits may not be generated more than once. This means that fuel consumption credits may only be generated once for a given engine or vehicle and fuel consumption credits may not be generated for both a given engine and the vehicle in which the engine is installed. For example, if a manufacturer generates fuel consumption credits for a given hybrid vehicle under this part, no one may generate fuel consumption credits for the associated hybrid engine. This provision, however, does not prevent manufacturers from generating fuel consumption credits for engines that are identical to the given engine in the example if those engines are installed in vehicles for which fuel consumption credits are not generated. This provision does not impact any adjustment factor or multiplier that is applied to the fuel consumption credits as specified or permitted by this part.\n\n(b) ABT provisions for heavy-duty pickup trucks and vans. (1) Calculate fuel consumption credits in a model year for one fleet of conventional heavy-duty pickup trucks and vans and if designated by the manufacturer another consisting of advance technology vehicles for the averaging set as defined in \u00a7 535.4. Calculate credits for each fleet separately using the following equation:\n\nTotal MY Fleet FCC (gallons) =(Std\u2212Act) \u00d7 (Volume) \u00d7 (UL) \u00d7 (10\n 2 )\n\nWhere:\n \n Std = Fleet average fuel consumption standard (gal/100 mile).\n \n Act = Fleet average actual fuel consumption value (gal/100 mile).\n \n Volume = the total U.S.-directed production of vehicles in the regulatory subcategory.\n \n UL = the useful life for the regulatory subcategory. The useful life value for heavy- pickup trucks and vans manufactured for model years 2013 through 2020 is equal to the 120,000 miles. The useful life for model years 2021 and later is equal to 150,000 miles.\n\nWhere:\n\nStd = Fleet average fuel consumption standard (gal/100 mile).\n\nAct = Fleet average actual fuel consumption value (gal/100 mile).\n\nVolume = the total U.S.-directed production of vehicles in the regulatory subcategory.\n\nUL = the useful life for the regulatory subcategory. The useful life value for heavy- pickup trucks and vans manufactured for model years 2013 through 2020 is equal to the 120,000 miles. The useful life for model years 2021 and later is equal to 150,000 miles.\n\n(2) Adjust the fuel consumption performance of subconfigurations with advanced technology for determining the fleet average actual fuel consumption value as specified in paragraph (f)(1) of this section and 40 CFR 86.1819-14(d)(6)(iii). Advanced technology vehicles can be separated in a different fleet for the purpose of applying credit incentives as described in paragraph (f)(1) of this section.\n\n(3) Adjust the fuel consumption performance for subconfigurations with innovative technology. A manufacturer is eligible to increase the fuel consumption performance of heavy-duty pickup trucks and vans in accordance with procedures established by EPA set forth in 40 CFR part 600. The eligibility of a manufacturer to increase its fuel consumption performance through use of an off-cycle technology requires an application request made to EPA and NHTSA in accordance with 40 CFR 86.1869-12 and an approval granted by the agencies. For off-cycle technologies that are covered under 40 CFR 86.1869-12, NHTSA will collaborate with EPA regarding NHTSA's evaluation of the specific off-cycle technology to ensure its impact on fuel consumption and the suitability of using the off-cycle technology to adjust fuel consumption performance. NHTSA will provide its views on the suitability of the technology for that purpose to EPA. NHTSA will apply the criteria in section (f) of this section in granting or denying off-cycle requests.\n\n(4) Fuel consumption credits may be generated for vehicles certified in model year 2013 to the model year 2014 standards in \u00a7 535.5(a). If a manufacturer chooses to generate CO 2 emission credits under EPA's provisions in 40 CFR part 86, it may also voluntarily generate early credits under the NHTSA fuel consumption program. To do so, a manufacturer must certify its entire U.S.-directed production volume of vehicles in its fleet. The same production volume restrictions specified in 40 CFR 1037.150(a)(2) relating to when test groups are certified apply to the NHTSA early credit provisions. Credits are calculated as specified in paragraph (b)(3) of this section relative to the fleet standard that would apply for model year 2014 using the model year 2013 production volumes. Surplus credits generated under this paragraph (b)(4) are available for banking or trading. Credit deficits for an averaging set prior to model year 2014 do not carry over to model year 2014. These credits may be used to show compliance with the standards of this part for 2014 and later model years. Once a manufacturer opts into the NHTSA program they must stay in the program for all of the optional model years and remain standardized with the same implementation approach being followed to meet the EPA CO 2 emission program.\n\n(5) Calculate the averaging set credit value by summing together the fleet credits for conventional and advanced technology vehicles including any adjustments for innovative technologies. Manufacturers may sum conventional and innovative technology credits before adding any advanced technology credits in each averaging set.\n\n(6) For credits that manufacturers calculate based on a useful life of 120,000 miles, multiply any banked credits carried forward for use in model year 2021 and later by 1.25. For credit deficits that a manufacturer calculates based on a useful life of 120,000 miles and that it offsets with credits originally earned in model year 2021 and later, it multiplies the credit deficit by 1.25.\n\n(c) ABT provisions for vocational vehicles and tractors. (1) Calculate the fuel consumption credits in a model year for each participating family or subfamily consisting of conventional vehicles in each averaging set (as defined in \u00a7 535.4) using the equation in this section. Each designated vehicle family or subfamily has a \u201cfamily emissions limit\u201d (FEL) that is compared to the associated regulatory subcategory standard. An FEL that falls below the regulatory subcategory standard creates \u201cpositive credits,\u201d while fuel consumption level of a family group above the standard creates a \u201cnegative credits.\u201d The value of credits generated for each family or subfamily in a model year is calculated as follows and must be rounded to nearest whole number:\n\nVehicle Family FCC (gallons) =(Std\u2212FEL) \u00d7 (Payload) \u00d7 (Volume) \u00d7 (UL) \u00d7 (10\n 3 )\n \n Where:\n \n Std = the standard for the respective vehicle family regulatory subcategory (gal/1,000 ton-mile).\n \n FEL = family emissions limit for the vehicle family (gal/1,000 ton-mile).\n \n Payload = the prescribed payload in tons for each regulatory subcategory as shown in the following table:\n\nVehicle Family FCC (gallons) =(Std\u2212FEL) \u00d7 (Payload) \u00d7 (Volume) \u00d7 (UL) \u00d7 (10\n 3 )\n\nWhere:\n\nStd = the standard for the respective vehicle family regulatory subcategory (gal/1,000 ton-mile).\n\nFEL = family emissions limit for the vehicle family (gal/1,000 ton-mile).\n\nPayload = the prescribed payload in tons for each regulatory subcategory as shown in the following table:\n\nTable 1 to Paragraph (c)(1) Introductory Text\n\nVolume = the number of U.S.-directed production volume of vehicles in the corresponding vehicle family.\n \n UL = the useful life for the regulatory subcategory (miles) as shown in the following table:\n\nVolume = the number of U.S.-directed production volume of vehicles in the corresponding vehicle family.\n\nUL = the useful life for the regulatory subcategory (miles) as shown in the following table:\n\nTable 2 to Paragraph (c)(1) Introductory Text\n\n(i) Calculate the value of credits generated in a model year for each family or subfamily consisting of vehicles with advanced technology vehicles in each averaging set using the equation above and the guidelines provided in paragraph (f)(1) of this section. Manufacturers may generate credits for advanced technology vehicles using incentives specified in paragraph (f)(1) of this section.\n\n(ii) Calculate the value of credits generated in a model year for each family or subfamily consisting of vehicles with off-cycle technology vehicles in each averaging set using the equation above and the guidelines provided in paragraph (f)(2) of this section.\n\n(2) Manufacturers must sum all negative and positive credits for each vehicle family within each applicable averaging set to obtain the total credit balance for the model year before rounding. The sum of fuel consumptions credits must be rounded to the nearest gallon. Calculate the total credits generated in a model year for each averaging set using the following equation:\n\nTotal averaging set MY credits = \u03a3 Vehicle family credits within each averaging set\n\n(3) Manufacturers can sum conventional and innovative technology credits before adding any advanced technology credits in each averaging set.\n\n(4) If a manufacturer chooses to generate CO 2 emission credits under EPA provisions of 40 CFR 1037.150(a), it may also voluntarily generate early credits under the NHTSA fuel consumption program as follows:\n\n(i) Fuel consumption credits may be generated for vehicles certified in model year 2013 to the model year 2014 standards in \u00a7 535.5(b) and (c). To do so, a manufacturer must certify its entire U.S.-directed production volume of vehicles. The same production volume restrictions specified in 40 CFR 1037.150(a)(1) relating to when test groups are certified apply to the NHTSA early credit provisions. Credits are calculated as specified in paragraph (c)(11) of this section relative to the standards that would apply for model year 2014. Surplus credits generated under this paragraph (c)(4) may be increased by a factor of 1.5 for determining total available credits for banking or trading. For example, if a manufacturer has 10 gallons of surplus credits for model year 2013, it may bank 15 gallons of credits. Credit deficits for an averaging set prior to model year 2014 do not carry over to model year 2014. These credits may be used to show compliance with the standards of this part for 2014 and later model years. Once a manufacturer opts into the NHTSA program they must stay in the program for all of the optional model years and remain standardized with the same implementation approach being followed to meet the EPA CO 2 emission program.\n\n(ii) A tractor manufacturer may generate fuel consumption credits for the number of additional SmartWay designated tractors (relative to its MY 2012 production), provided that credits are not generated for those vehicles under paragraph (c)(4)(i) of this section. Calculate credits for each regulatory sub-category relative to the standard that would apply in model year 2014 using the equations in paragraph (c)(2) of this section. Use a production volume equal to the number of verified model year 2013 SmartWay tractors minus the number of verified model year 2012 SmartWay tractors. A manufacturer may bank credits equal to the surplus credits generated under this paragraph multiplied by 1.50. A manufacturer's 2012 and 2013 model years must be equivalent in length. Once a manufacturer opts into the NHTSA program they must stay in the program for all of the optional model years and remain standardized with the same implementation approach being followed to meet the EPA CO 2 emission program.\n\n(5) If a manufacturer generates credits from vehicles certified for advanced technology in accordance with paragraph (e)(1) of this section, a multiplier of 1.5 can be used, but this multiplier cannot be used on the same credits for which the early credit multiplier is used.\n\n(6) For model years 2012 and later, manufacturers may generate or use fuel consumption credits for averaging to demonstrate compliance with the alternative standards as described in \u00a7 535.5(b)(6) of this part. Manufacturers can specify a Family Emission Limit (FEL) for fuel consumption for each vehicle subfamily. The FEL may not be less than the result of emissions and fuel consumption modeling as described in 40 CFR 1037.520 and \u00a7 535.6. These FELs serve as the fuel consumption standards for the vehicle subfamily instead of the standards specified in this \u00a7 535.5(b)(6). Manufacturers may not use averaging for motor homes, coach buses, emergency vehicles or concrete mixers meeting standards under \u00a7 535.5(b)(5).\n\n(7) Manufacturers may not use averaging for vehicles meeting standards \u00a7 535.5(b)(6)(iv) through (vi), and manufacturers may not use fuel consumption credits for banking or trading for any vehicles certified under \u00a7 535.5(b)(6).\n\n(8) Manufacturers certifying any vehicles under \u00a7 535.5(b)(6) must consider each separate vehicle type (or group of vehicle types) as a separate averaging set.\n\n(d) ABT provisions for heavy-duty engines. (1) Calculate the fuel consumption credits in a model year for each participating family or subfamily consisting of engines in each averaging set (as defined in \u00a7 535.4) using the equation in this section. Each designated engine family has a \u201cfamily certification level\u201d (FCL) which is compared to the associated regulatory subcategory standard. A FCL that falls below the regulatory subcategory standard creates \u201cpositive credits,\u201d while fuel consumption level of a family group above the standard creates a \u201ccredit shortfall.\u201d The value of credits generated in a model year for each engine family or subfamily is calculated as follows and must be rounded to nearest whole number:\n\nEngine Family FCC (gallons) = (Std\u2212FCL) \u00d7 (CF) \u00d7(Volume) \u00d7 (UL) \u00d7 (10\n 2 )\n\nWhere:\n \n Std = the standard for the respective engine regulatory subcategory (gal/100 hp-hr).\n \n FCL = family certification level for the engine family (gal/100 hp-hr).\n \n CF= a transient cycle conversion factor in hp-hr/mile which is the integrated total cycle horsepower-hour divided by the equivalent mileage of the applicable test cycle. For engines subject to spark-ignition heavy-duty standards, the equivalent mileage is 6.3 miles. For engines subject to compression-ignition heavy-duty standards, the equivalent mileage is 6.5 miles.\n \n Volume = the number of engines in the corresponding engine family.\n \n UL = the useful life of the given engine family (miles) as shown in the following table:\n\nWhere:\n\nStd = the standard for the respective engine regulatory subcategory (gal/100 hp-hr).\n\nFCL = family certification level for the engine family (gal/100 hp-hr).\n\nCF= a transient cycle conversion factor in hp-hr/mile which is the integrated total cycle horsepower-hour divided by the equivalent mileage of the applicable test cycle. For engines subject to spark-ignition heavy-duty standards, the equivalent mileage is 6.3 miles. For engines subject to compression-ignition heavy-duty standards, the equivalent mileage is 6.5 miles.\n\nVolume = the number of engines in the corresponding engine family.\n\nUL = the useful life of the given engine family (miles) as shown in the following table:\n\nTable 3 to Paragraph ( d )(1) Introductory Text\n\n(i) Calculate the value of credits generated in a model year for each family or subfamily consisting of engines with advanced technology vehicles in each averaging set using the equation above and the guidelines provided in paragraph (f)(1) of this section. Manufacturers may generate credits for advanced technology vehicles using incentives specified in paragraph (f)(1) of this section.\n\n(ii) Calculate the value of credits generated in a model year for each family or subfamily consisting of engines with off-cycle technology vehicles in each averaging set using the equation above and the guidelines provided in paragraph (f)(2) of this section.\n\n(2) Manufacturers shall sum all negative and positive credits for each engine family within the applicable averaging set to obtain the total credit balance for the model year before rounding. The sum of fuel consumptions credits should be rounded to the nearest gallon.\n\nCalculate the total credits generated in a model year for each averaging set using the following equation:\n\nTotal averaging set MY credits = \u03a3 Engine family credits within each averaging set\n\n(3) The provisions of this section apply to manufacturers utilizing the compression-ignition engine voluntary alternate standard provisions specified in \u00a7 535.5(d)(4) as follows:\n\n(i) Manufacturers may not certify engines to the alternate standards if they are part of an averaging set in which they carry a balance of banked credits. For purposes of this section, manufacturers are deemed to carry credits in an averaging set if they carry credits from advance technology that are allowed to be used in that averaging set.\n\n(ii) Manufacturers may not bank fuel consumption credits for any engine family in the same averaging set and model year in which it certifies engines to the alternate standards. This means a manufacturer may not bank advanced technology credits in a model year it certifies any engines to the alternate standards.\n\n(iii) Note that the provisions of paragraph (d)(10) of this section apply with respect to credit deficits generated while utilizing alternate standards.\n\n(4) Where a manufacturer has chosen to comply with the EPA alternative compression-ignition engine phase-in standard provisions in 40 CFR 1036.150(e), and has optionally decided to follow the same path under the NHTSA fuel consumption program, it must certify all of its model year 2013 compression-ignition engines within a given averaging set to the applicable alternative standards in \u00a7 535.5(d)(5). Engines certified to these standards are not eligible for early credits under paragraph (d)(14) of this section. Credits are calculated using the same equation provided in paragraph (d)(11) of this section.\n\n(5) If a manufacturer chooses to generate early CO 2 emission credits under EPA provisions of 40 CFR 1036.150, it may also voluntarily generate early credits under the NHTSA fuel consumption program. Fuel consumption credits may be generated for engines certified in model year 2013 (2015 for spark-ignition engines) to the standards in \u00a7 535.5(d). To do so, a manufacturer must certify its entire U.S.-directed production volume of engines except as specified in 40 CFR 1036.150(a)(2). Credits are calculated as specified in paragraph (d)(11) of this section relative to the standards that would apply for model year 2014 (2016 for spark-ignition engines). Surplus credits generated under this paragraph (d)(3) may be increased by a factor of 1.5 for determining total available credits for banking or trading. For example, if a manufacturer has 10 gallons of surplus credits for model year 2013, it may bank 15 gallons of credits. Credit deficits for an averaging set prior to model year 2014 (2016 for spark-ignition engines) do not carry over to model year 2014 (2016 for spark-ignition engines). These credits may be used to show compliance with the standards of this part for 2014 and later model years. Once a manufacturer opts into the NHTSA program they must stay in the program for all of the optional model years and remain standardized with the same implementation approach being followed to meet the EPA CO 2 emission program.\n\n(6) Manufacturers may generate fuel consumption credits from an engine family subject to spark-ignition standards for exchanging with other engine families only if the engines in the family are gasoline-fueled.\n\n(7) Engine credits generated for compression-ignition engines in model year 2020 and earlier may be used in model year 2021 and later as follows:\n\n(i) For credit-generating engines certified to the tractor engine standards in \u00a7 535.5(d), you may use credits calculated relative to the tractor engine standards.\n\n(ii) For credit-generating engines certified to the vocational engine standards in \u00a7 535.5(d), you may use credits calculated relative to the following family certification levels (FCLs):\n\n(A) Medium Heavy-Duty Engines = 5.4813 gallons/100 hp-hr\n\n(B) Heavy Heavy-Duty Engines = 5.1572 gallons/100 hp-hr\n\n(C) To transfer Phase 1 credits for use in the Phase 2 fuel consumption program, manufacturers must recalculate credit values for the Phase 1 model years by substituting the FCLs in paragraph (d)(1) of this section with the those in paragraphs (d)(7)(ii)(A) and (B) of this section.\n\n(8) Engine families manufacturers certify with a nonconformance penalty under 40 CFR part 86, subpart L, and may not generate fuel consumption credits.\n\n(9) Alternate transition option for Phase 2 engine standards. The following provisions allow for enhanced generation and use of fuel consumption credits for manufacturers complying with engines standards in accordance with \u00a7 535.7(d)(11):\n\n(i) If a manufacturer is eligible to certify all of its model year 2020 engines within the averaging set to the tractor and vocational vehicle engine standards in \u00a7 535.5(d)(11) and the requirements applicable to model year 2021 engines, the banked and traded fuel consumption credits generated for model year 2018 through 2024 engines may be used through model year 2030 as specified in paragraph (d)(9)(ii) of this section or through a five-year credit life, whichever is later.\n\n(ii) Banked and traded fuel consumption credits generated under this paragraph (d)(9) for model year 2018 through 2024 engines may be used through model year 2030 with the extended credit life values shown in the table:\n\n(e) [Reserved]\n\n(f) Additional credit provisions \u2014(1) Advanced technology credits. (i) For the Phase 1 program, manufacturers of heavy-duty pickup trucks and vans, vocational vehicles, tractors and the associated engines showing improvements in CO 2 emissions and fuel consumption using hybrid vehicles with regenerative braking, vehicles equipped with Rankine-cycle engines, electric vehicles and fuel cell vehicles are eligible for advanced technology credits. Manufacturers shall use sound engineering judgment to determine the performance of the vehicle or engine with advanced technology. Advanced technology credits for vehicles or engines complying with Phase 1 standards may be increased by a 1.5 multiplier. Manufacturers may not apply this multiplier in addition to any early-credit multipliers. The maximum amount of credits a manufacturer may bring into the service class group that contains the heavy-duty pickup and van averaging set is 5.89 \u00b7 10\n 6 gallons (for advanced technology credits based upon compression-ignition engines) or 6.76 \u00b7 10\n 6 gallons (for advanced technology credits based upon spark-ignition engines) per model year as specified in 40 CFR part 86 for heavy-duty pickup trucks and vans, 40 CFR 1036.740 for engines and 40 CFR 1037.740 for tractors and vocational vehicles. The specified limit does not cap the amount of advanced technology credits that can be used across averaging sets within the same service class group. Advanced technology credits can be used to offset negative credits in the same averaging set or other averaging sets. A manufacturer must first apply advanced technology credits to any deficits in the same averaging set before applying them to other averaging.\n\n(A) Heavy-duty pickup trucks and vans. For advanced technology systems (hybrid vehicles with regenerative braking, vehicles equipped with Rankine-cycle engines and fuel cell vehicles), calculate fleet-average performance rates consistent with good engineering judgment and the provisions of 40 CFR 86.1819-14 and 86.1865.\n\n(B) Tractors and vocational vehicles. For advanced technology system (hybrid vehicles with regenerative braking, vehicles equipped with Rankine-cycle engines and fuel cell vehicles), calculate the advanced technology credits as follows:\n\n( 1 ) Measure the effectiveness of the advanced system by conducting A to B testing a vehicle equipped with the advanced system and an equivalent conventional system in accordance with 40 CFR 1037.615.\n\n( 2 ) For purposes of this paragraph (f), a conventional vehicle is considered to be equivalent if it has the same footprint, intended vehicle service class, aerodynamic drag, and other relevant factors not directly related to the advanced system powertrain. If there is no equivalent vehicle, the manufacturer may create and test a prototype equivalent vehicle. The conventional vehicle is considered Vehicle A, and the advanced technology vehicle is considered Vehicle B.\n\n( 3 ) The benefit associated with the advanced system for fuel consumption is determined from the weighted fuel consumption results from the chassis tests of each vehicle using the following equation:\n\nBenefit (gallon/1000 ton mile) = Improvement Factor \u00d7 GEM Fuel Consumption Result__B\n\nWhere:\n \n Improvement Factor = (Fuel Consumption__A\u2212Fuel Consumption__B)/(Fuel Consumption__A).\n \n Fuel Consumption Rates A and B are the gallons per 1000 ton-mile of the conventional and advanced vehicles, respectively as measured under the test procedures specified by EPA. GEM Fuel Consumption Result B is the estimated gallons per 1000 ton-mile rate resulting from emission modeling of the advanced vehicle as specified in 40 CFR 1037.520 and \u00a7 535.6(b).\n\nWhere:\n\nImprovement Factor = (Fuel Consumption__A\u2212Fuel Consumption__B)/(Fuel Consumption__A).\n\nFuel Consumption Rates A and B are the gallons per 1000 ton-mile of the conventional and advanced vehicles, respectively as measured under the test procedures specified by EPA. GEM Fuel Consumption Result B is the estimated gallons per 1000 ton-mile rate resulting from emission modeling of the advanced vehicle as specified in 40 CFR 1037.520 and \u00a7 535.6(b).\n\n( 4 ) Calculate the benefit in credits using the equation in paragraph (c) of this section and replacing the term (Std-FEL) with the benefit.\n\n( 5 ) For electric vehicles calculate the fuel consumption credits using an FEL of 0 g/1000 ton-mile.\n\n(C) Heavy-duty engines. This section specifies how to generate advanced technology-specific fuel consumption credits for hybrid powertrains that include energy storage systems and regenerative braking (including regenerative engine braking) and for engines that include Rankine-cycle (or other bottoming cycle) exhaust energy recovery systems.\n\n( 1 ) Pre-transmission hybrid powertrains are those engine systems that include features that recover and store energy during engine motoring operation but not from the vehicle wheels. These powertrains are tested using the hybrid engine test procedures of 40 CFR part 1065 or using the post-transmission test procedures.\n\n( 2 ) Post-transmission hybrid powertrains are those powertrains that include features that recover and store energy from braking at the vehicle wheels. These powertrains are tested by simulating the chassis test procedure applicable for hybrid vehicles under 40 CFR 1037.550.\n\n( 3 ) Test engines that include Rankine-cycle exhaust energy recovery systems according to the test procedures specified in 40 CFR part 1036, subpart F, unless EPA approves the manufacturer's alternate procedures.\n\n(D) Credit calculation. Calculate credits as specified in paragraph (c) of this section. Credits generated from engines and powertrains certified under this section may be used in other averaging sets as described in 40 CFR 1036.740(d).\n\n(ii) There are no separate credit allowances for advanced technology vehicles in the Phase 2 program. Instead, through model year 2027, vehicle families containing plug-in battery electric hybrids, all-electric, and fuel cell vehicles certifying to Phase 2 vocational and tractor standards may multiply credits by a multiplier of:\n\n(A) 3.5 times for plug-in hybrid electric vehicles;\n\n(B) 4.5 times for all-electric vehicles; and\n\n(C) 5.5 times for fuel cell vehicles.\n\n(D) Incentivized credits for vehicles equipped with advanced technologies maintain the same credit flexibilities and restrictions as conventional credits specified in paragraph (a) of this section during the Phase 2 program.\n\n(E) For vocational vehicles and tractors subject to Phase 2 standards, create separate vehicle families if there is a credit multiplier for advanced technology; group those vehicles together in a vehicle family if they use the same multiplier.\n\n(F) For Phase 2 plug-in hybrid electric vehicles and for fuel cells powered by any fuel other than hydrogen, calculate fuel consumption credits using an FEL based on equivalent emission measurements from powertrain testing. Phase 2 advanced-technology credits do not apply for hybrid vehicles that have no plug-in capability.\n\n(G) Advanced technology credits increased with a multiplier in Phase 2, in accordance with \u00a7 535.7(f)(1)(ii), cannot be used across averaging sets.\n\n(2) Innovative and off-cycle technology credits. This provision allows fuel saving innovative and off-cycle engine and vehicle technologies to generate fuel consumption credits (FCCs) comparable to CO\n 2 emission credits consistent with the provisions of 40 CFR 86.1819-14(d)(13) (for heavy-duty pickup trucks and vans), 40 CFR 1036.610 (for engines), and 40 CFR 1037.610 (for vocational vehicles and tractors). Heavy-duty pickup trucks and vans may only generate FCCs through model year 2029.\n\n(i) For model years 2013 through 2020, manufacturers may generate innovative technology credits for introducing technologies that were not in-common use for heavy-duty tractor, vocational vehicles or engines before model year 2010 and that are not reflected in the EPA specified test procedures. Upon identification and joint approval with EPA, NHTSA will allow equivalent fuel consumption credits into its program to those allowed by EPA for manufacturers seeking to obtain innovative technology credits in a given model year. Such credits must remain within the same regulatory subcategory in which the credits were generated. NHTSA will adopt fuel consumption credits depending upon whether\u2014\n\n(A) The technology has a direct impact upon reducing fuel consumption performance; and\n\n(B) The manufacturer has provided sufficient information to make sound engineering judgments on the impact of the technology in reducing fuel consumption performance.\n\n(ii) For model years 2021 and later, or for model years 2021 through 2029, for heavy-duty pickup trucks and vans manufacturers may generate off-cycle technology credits for introducing technologies that are not reflected in the EPA specified test procedures. Upon identification and joint approval with EPA, NHTSA will allow equivalent FCCs into its program to those allowed by EPA for manufacturers seeking to obtain innovative technology credits in a given model year. Such credits must remain within the same regulatory subcategory in which the credits were generated. NHTSA will adopt FCCs depending upon whether\u2014\n\n(A) The technology meets paragraphs (f)(2)(i)(A) and (B) of this section.\n\n(B) For heavy-duty pickup trucks and vans, manufacturers using the 5-cycle test to quantify the benefit of a technology are not required to obtain approval from the agencies to generate results.\n\n(iii) The following provisions apply to all innovative and off-cycle technologies:\n\n(A) Technologies found to be defective, or identified as a part of NHTSA's safety defects program, and technologies that are not performing as intended will have the values of approved off-cycle credits removed from the manufacturer's credit balance.\n\n(B) Approval granted for innovative and off-cycle technology credits under NHTSA's fuel efficiency program does not affect or relieve the obligation to comply with the Vehicle Safety Act (49 U.S.C. Chapter 301), including the \u201cmake inoperative\u201d prohibition (49 U.S.C. 30122), and all applicable Federal motor vehicle safety standards issued thereunder (FMVSSs) (49 CFR part 571). In order to generate off-cycle or innovative technology credits manufacturers must state\u2014\n\n( 1 ) That each vehicle equipped with the technology for which they are seeking credits will comply with all applicable FMVSS(s); and\n\n( 2 ) Whether or not the technology has a fail-safe provision. If no fail-safe provision exists, the manufacturer must explain why not and whether a failure of the innovative technology would affect the safety of the vehicle.\n\n(C) Manufacturers requesting approval for innovative technology credits are required to provide documentation in accordance with 40 CFR 86.1869-12, 1036.610, and 1037.610.\n\n(D) Credits will be accepted on a one-for-one basis expressed in terms of gallons in comparison to those approved by EPA.\n\n(E) For the heavy-duty pickup trucks and vans, the average fuel consumption will be calculated as a separate credit amount (rounded to the nearest whole number) using the following equation:\n\nOff-cycle FC credits = (CO 2 Credit/CF) \u00d7 Production \u00d7 VLM\n\nWhere:\n \n CO 2 Credits = the credit value in grams per mile determined in 40 CFR 86.1869-12(c)(3), (d)(1), (d)(2) or (d)(3).\n \n CF = conversion factor, which for spark-ignition engines is 8,887 and for compression-ignition engines is 10,180.\n \n Production = the total production volume for the applicable category of vehicles\n \n VLM = vehicle lifetime miles, which for 2b-3 vehicles shall be 150,000 for the Phase 2 program.\n \n The term (CO 2 Credit/CF) should be rounded to the nearest 0.0001\n\nWhere:\n\nCO 2 Credits = the credit value in grams per mile determined in 40 CFR 86.1869-12(c)(3), (d)(1), (d)(2) or (d)(3).\n\nCF = conversion factor, which for spark-ignition engines is 8,887 and for compression-ignition engines is 10,180.\n\nProduction = the total production volume for the applicable category of vehicles\n\nVLM = vehicle lifetime miles, which for 2b-3 vehicles shall be 150,000 for the Phase 2 program.\n\nThe term (CO 2 Credit/CF) should be rounded to the nearest 0.0001\n\n(F) NHTSA will not approve innovative technology credits for technology that is related to crash-avoidance technologies, safety critical systems or systems affecting safety-critical functions, or technologies designed for the purpose of reducing the frequency of vehicle crashes.\n\n(iv) Manufacturers normally may not calculate off-cycle credits or improvement factors under this section for technologies represented by GEM, but the agencies may allow a manufacturer to do so by averaging multiple GEM runs for special technologies for which a single GEM run cannot accurately reflect in-use performance. For example, if a manufacturer use an idle-reduction technology that is effective 80 percent of the time, the agencies may allow a manufacturer to run GEM with the technology active and with it inactive, and then apply an 80% weighting factor to calculate the off-cycle credit or improvement factor. A may need to perform testing to establish proper weighting factors or otherwise quantify the benefits of the special technologies.\n\n(v) [Reserved]\n\n(vi) Carry-over Approval. Manufacturers may carry-over these credits into future model years as described below:\n\n(A) For model years before 2021, manufacturers may continue to use an approved improvement factor or credit for any appropriate engine or vehicle family in future model years through 2020.\n\n(B) For model years 2021 and later, or for model years 2021 through 2029 for heavy-duty pickup trucks and vans, manufacturers may not rely on an approval for model years before 2021. Manufacturers must separately request the agencies' approval before applying an improvement factor or credit under this section for 2021 and later engines and vehicle, even if the agencies approve the improvement factor or credit for similar engine and vehicle models before model year 2021.\n\n(C) The following restrictions also apply to manufacturers seeking to continue to carryover the improvement factor (not the credit value) if\u2014\n\n( 1 ) The FEL is generated by GEM or 5-cycle testing;\n\n( 2 ) The technology is not changed or paired with any other off-cycle technology;\n\n( 3 ) The improvement factor only applies to approved vehicle or engine families;\n\n( 4 ) The agencies do not expect the technology to be incorporated into GEM at any point during the Phase 2 program; and\n\n(D) The documentation to carryover credits that would primarily justify the difference in fuel efficiency between real world and compliance protocols is the same for both Phase 1 and Phase 2 compliance protocols. The agencies must approve the justification. If the agencies do not approve the justification, the manufacturer must recertify."], ["49:49:6.1.2.3.16.0.1.8", 49, "Transportation", "V", "", "535", "PART 535\u2014MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM", "", "", "", "\u00a7 535.8 Reporting and recordkeeping requirements.", "NHTSA", "", "", "[81 FR 74238, Oct. 25, 2016, as amended at 89 FR 18831, Mar. 15, 2024]", "(a) General requirements. Manufacturers producing heavy-duty vehicles and engines applicable to fuel consumption standards in \u00a7 535.5, for each given model year, must submit the required information as specified in paragraphs (b) through (h) of this section.\n\n(1) The information required by this part must be submitted by the deadlines specified in this section and must be based upon all the information and data available to the manufacturer 30 days before submitting information.\n\n(2) Manufacturers must submit information electronically through the EPA database system as the single point of entry for all information required for this national program and both agencies will have access to the information. In special circumstances, data may not be able to be received electronically ( i.e., during database system development work). The agencies will inform manufacturer of the alternatives can be used for submitting information. The format for the required information will be specified by EPA in coordination with NHTSA.\n\n(3) Manufacturers providing incomplete reports missing any of the required information or providing untimely reports are considered as not complying with standards ( i.e., if good-faith estimates of U.S.-directed production volumes for EPA certificates of conformity are not provided) and are liable to pay civil penalties in accordance with 49 U.S.C. 32912.\n\n(4) Manufacturers certifying a vehicle or engine family using an FEL or FCL below the applicable fuel consumption standard as described in \u00a7 535.5 may choose not to generate fuel consumption credits for that family. In which case, the manufacturer is not required to submit reporting or keep the associated records described in this part for that family.\n\n(5) Manufacturers must use good engineering judgment and provide comparable fuel consumption information to that of the information or data provided to EPA under 40 CFR 86.1865, 1036.250, 1036.730, 1036.825 1037.250, 1037.730, and 1037.825.\n\n(6) Any information that must be sent directly to NHTSA. In instances in which EPA has not created an electronic pathway to receive the information, the information should be sent through an electronic portal identified by NHTSA or through the NHTSA CAFE database ( i.e., information on fuel consumption credit transactions). If hardcopy documents must be sent, the information should be sent to the Associate Administrator of Enforcement at 1200 New Jersey Avenue SE, NVS-200, Office W45-306, Washington, DC 20590.\n\n(b) Pre-model year reports. Manufacturers producing heavy-duty pickup trucks and vans must submit reports in advance of the model year providing early estimates demonstrating how their fleet(s) would comply with GHG emissions and fuel consumption standards. Note, the agencies understand that early model year reports contain estimates that may change over the course of a model year and that compliance information manufacturers submit prior to the beginning of a new model year may not represent the final compliance outcome. The agencies view the necessity for requiring early model reports as a manufacturer's good faith projection for demonstrating compliance with emission and fuel consumption standards.\n\n(1) Report deadlines. For model years 2013 and later, manufacturer of heavy-duty pickup trucks and vans complying with voluntary and mandatory standards must submit a pre-model year report for the given model year as early as the date of the manufacturer's annual certification preview meeting with EPA and NHTSA, or prior to submitting its first application for a certificate of conformity to EPA in accordance with 40 CFR 86.1819-14(d). For example, a manufacturer choosing to comply in model year 2014 could submit its pre-model year report during its precertification meeting which could occur before January 2, 2013, or could provide its pre-model year report any time prior to submitting its first application for certification for the given model year.\n\n(2) Contents. Each pre-model year report must be submitted including the following information for each model year.\n\n(i) A list of each unique subconfiguration in the manufacturer's fleet describing the make and model designations, attribute based-values ( i.e., GVWR, GCWR, Curb Weight and drive configurations) and standards;\n\n(ii) The emission and fuel consumption fleet average standard derived from the unique vehicle configurations;\n\n(iii) The estimated vehicle configuration, test group and fleet production volumes;\n\n(iv) The expected emissions and fuel consumption test group results and fleet average performance;\n\n(v) If complying with MY 2013 fuel consumption standards, a statement must be provided declaring that the manufacturer is voluntarily choosing to comply early with the EPA and NHTSA programs. The manufacturers must also acknowledge that once selected, the decision cannot be reversed and the manufacturer will continue to comply with the fuel consumption standards for subsequent model years for all the vehicles it manufacturers in each regulatory category for a given model year;\n\n(vi) If complying with MYs 2014, 2015 or 2016 fuel consumption standards, a statement must be provided declaring whether the manufacturer will use fixed or increasing standards in accordance with \u00a7 535.5(a). The manufacturer must also acknowledge that once selected, the decision cannot be reversed and the manufacturer must continue to comply with the same alternative for subsequent model years for all the vehicles it manufacturers in each regulatory category for a given model year;\n\n(vii) If complying with MYs 2014 or 2015 fuel consumption standards, a statement must be provided declaring that the manufacturer is voluntarily choosing to comply with NHTSA's voluntary fuel consumption standards in accordance with \u00a7 535.5(a)(4). The manufacturers must also acknowledge that once selected, the decision cannot be reversed and the manufacturer will continue to comply with the fuel consumption standards for subsequent model years for all the vehicles it manufacturers in each regulatory category for a given model year;\n\n(viii) The list of Class 2b and 3 incomplete vehicles (cab-complete or chassis complete vehicles) and the method used to certify these vehicles as complete pickups and vans identifying the most similar complete sister- or other complete vehicles used to derive the target standards and performance test results;\n\n(ix) The list of Class 4 and 5 incomplete and complete vehicles and the method use to certify these vehicles as complete pickups and vans identifying the most similar complete or sister vehicles used to derive the target standards and performance test results;\n\n(x) List of loose engines included in the heavy-duty pickup and van category and the list of vehicles used to derive target standards and performance test results;\n\n(xi) Copy of any notices a vehicle manufacturer sends to the engine manufacturer to notify the engine manufacturers that their engines are subject to emissions and fuel consumption standards and that it intends to use their engines in excluded vehicles;\n\n(xii) A fuel consumption credit plan as specified \u00a7 535.7(a) identifying the manufacturers estimated credit balances, planned credit flexibilities ( i.e., credit balances, planned credit trading, innovative, advanced and early credits and etc.) and if needed a credit deficit plan demonstrating how it plans to resolve any credit deficits that might occur for a model year within a period of up to three model years after that deficit has occurred; and\n\n(xiii) The supplemental information specified in paragraph (h) of this section.\n\nNHTSA may also ask a manufacturer to provide additional information if necessary to verify compliance with the fuel consumption requirements of this section.\n\n(c) Applications for certificate of conformity. Manufacturers producing vocational vehicles, tractors and heavy-duty engines are required to submit applications for certificates of conformity to EPA in accordance with 40 CFR 1036.205 and 1037.205 in advance of introducing vehicles for commercial sale. Applications contain early model year information demonstrating how manufacturers plan to comply with GHG emissions. For model years 2013 and later, manufacturers of vocational vehicles, tractors and engine complying with NHTSA's voluntary and mandatory standards must submit applications for certificates of conformity in accordance through the EPA database including both GHG emissions and fuel consumption information for each given model year.\n\n(1) Submission deadlines. Applications are primarily submitted in advance of the given model year to EPA but cannot be submitted any later than December 31 of the given model year.\n\n(2) Contents. Each application for certificates of conformity submitted to EPA must include the following equivalent fuel consumption.\n\n(i) Equivalent fuel consumption values for emissions CO 2 FCLs values used to certify each engine family in accordance with 40 CFR 1036.205(e). This provision applies only to manufacturers producing heavy-duty engines.\n\n(ii) Equivalent fuel consumption values for emission CO 2 data engines used to comply with emission standards in 40 CFR 1036.108. This provision applies only to manufacturers producing heavy-duty engines.\n\n(iii) Equivalent fuel consumption values for emissions CO 2 FELs values used to certify each vehicle families or subfamilies in accordance with 40 CFR 1037.205(k). This provision applies only to manufacturers producing vocational vehicles and tractors.\n\n(iv) Report modeling results for ten configurations in terms of CO 2 emissions and equivalent fuel consumption results in accordance with 40 CFR 1037.205(o). Include modeling inputs and detailed descriptions of how they were derived. This provision applies only to manufacturers producing vocational vehicles and tractors.\n\n(v) Credit plans including the fuel consumption credit plan described in \u00a7 535.7(a).\n\n(3) Additional supplemental information. Manufacturers are required to submit additional information as specified in paragraph (h) of this section for the NHTSA program before or at the same time it submits its first application for a certificate of conformity to EPA. Under limited conditions, NHTSA may also ask a manufacturer to provide additional information directly to the Administrator if necessary to verify the fuel consumption requirements of this regulation.\n\n(d) End of the Year (EOY) and Final reports. Heavy-duty vehicle and engine manufacturers participating in the ABT program are required to submit EOY and final reports containing information for NHTSA as specified in paragraph (d)(2) of this section and in accordance with 40 CFR 86.1865, 1036.730, and 1037.730. Only manufacturers without credit deficits may decide not to participate in the ABT or may waive the requirement to send an EOY report. The EOY and final reports are used to review a manufacturer's preliminary or final compliance information and to identify manufacturers that might have a credit deficit for the given model year. For model years 2013 and later, heavy-duty vehicle and engine manufacturers complying with NHTSA's voluntary and mandatory standards must submit EOY and final reports through the EPA database including both GHG emissions and fuel consumption information for each given model year.\n\n(1) Report deadlines. (i) For model year 2013 and later, heavy-duty vehicle and engine manufacturers complying with NHTSA voluntary and mandatory standards must submit EOY reports through the EPA database including both GHG emissions and fuel consumption information within 90 days after the end of the given model year and no later than March 31 of the next calendar year.\n\n(ii) For model year 2013 and later, heavy-duty vehicle and engine manufacturers complying with NHTSA voluntary and mandatory standards must submit final reports through the EPA database including both GHG emissions and fuel consumption information within 270 days after the end of the given model year and no later than September 30 of the next calendar year.\n\n(iii) A manufacturer may ask NHTSA and EPA to extend the deadline of a final report by up to 30 days. A manufacturer unable to provide, and requesting to omit an emissions rate or fuel consumption value from a final report must obtain approval from the agencies prior to the submission deadline of its final report.\n\n(iv) If a manufacturer expects differences in the information reported between the EOY and the final year report specified in 40 CFR 1036.730 and 1037.730, it must provide the most up-to-date fuel consumption projections in its final report and identify the information as preliminary.\n\n(v) If the manufacturer cannot provide any of the required fuel consumption information, it must state the specific reason for the insufficiency and identify the additional testing needed or explain what analytical methods are believed by the manufacturer will be necessary to eliminate the insufficiency and certify that the results will be available for the final report.\n\n(2) Contents. Each EOY and final report must be submitted including the following fuel consumption information for each model year. EOY reports contain preliminary final estimates and final reports must include the manufacturer's final compliance information.\n\n(i) Engine and vehicle family designations and averaging sets.\n\n(ii) Engine and vehicle regulatory subcategory and fuel consumption standards including any alternative standards used.\n\n(iii) Engine and vehicle family FCLs and FELs in terms of fuel consumption.\n\n(iv) Production volumes for engines and vehicles.\n\n(v) A summary as specified in paragraph (g)(7) of this section describing the vocational vehicles and vocational tractors that were exempted as heavy-duty off-road vehicles. This applies to manufacturers participating and not participating in the ABT program.\n\n(vi) A summary describing any advanced or innovative technology engines or vehicles including alternative fueled vehicles that were produced for the model year identifying the approaches used to determinate compliance and the production volumes.\n\n(vii) A list of each unique subconfiguration included in a manufacturer's fleet of heavy-duty pickup trucks and vans identifying the attribute based-values (GVWR, GCWR, Curb Weight, and drive configurations) and standards. This provision applies only to manufacturers producing heavy-duty pickup trucks and vans.\n\n(viii) The fuel consumption fleet average standard derived from the unique vehicle configurations. This provision applies only to manufacturers producing heavy-duty pickup trucks and vans.\n\n(ix) The subconfiguration and test group production volumes. This provision applies only to manufacturers producing heavy-duty pickup trucks and vans.\n\n(x) The fuel consumption test group results and fleet average performance. This provision applies only to manufacturers producing heavy-duty pickup trucks and vans.\n\n(xi) Manufacturers may correct errors in EOY and final reports as follows:\n\n(A) Manufacturers may correct any errors in their end-of-year report when preparing the final report, as long as manufacturers send us the final report by the time it is due.\n\n(B) If manufacturers or the agencies determine within 270 days after the end of the model year that errors mistakenly decreased he manufacturer's balance of fuel consumption credits, manufacturers may correct the errors and recalculate the balance of its fuel consumption credits. Manufacturers may not make any corrections for errors that are determined more than 270 days after the end of the model year. If manufacturers report a negative balance of fuel consumption credits, NHTSA may disallow corrections under this paragraph (d)(2)(xi)(B).\n\n(C) If manufacturers or the agencies determine any time that errors mistakenly increased its balance of fuel consumption credits, manufacturers must correct the errors and recalculate the balance of fuel consumption credits.\n\n(xii) Under limited conditions, NHTSA may also ask a manufacturer to provide additional information directly to the Administrator if necessary to verify the fuel consumption requirements of this regulation.\n\n(e) Amendments to applications for certification. At any time, a manufacturer modifies an application for certification in accordance with 40 CFR 1036.225 and 1037.225, it must submit GHG emissions changes with equivalent fuel consumption values for the information required in paragraphs (b) through (e) and (h) of this section.\n\n(f) Confidential information. Manufacturers must submit a request for confidentiality with each electronic submission specifying any part of the for information or data in a report that it believes should be withheld from public disclosure as trade secret or other confidential business information. Information submitted to EPA should follow EPA guidelines for treatment of confidentiality. Requests for confidential treatment for information submitted to NHTSA must be filed in accordance with the requirements of 49 CFR part 512, including submission of a request for confidential treatment and the information for which confidential treatment is requested as specified by part 512. For any information or data requested by the manufacturer to be withheld under 5 U.S.C. 552(b)(4) and 49 U.S.C. 32910(c), the manufacturer shall present arguments and provide evidence in its request for confidentiality demonstrating that\u2014\n\n(1) The item is within the scope of 5 U.S.C. 552(b)(4) and 49 U.S.C. 32910(c);\n\n(2) The disclosure of the information at issue would cause significant competitive damage;\n\n(3) The period during which the item must be withheld to avoid that damage; and\n\n(4) How earlier disclosure would result in that damage.\n\n(g) Additional required information. The following additional information is required to be submitted through the EPA database. NHTSA reserves the right to ask a manufacturer to provide additional information if necessary to verify the fuel consumption requirements of this regulation.\n\n(1) Small businesses. For model years 2013 through 2020, vehicles and engines produced by small business manufacturers meeting the criteria in 13 CFR 121.201 are exempted from the requirements of this part. Qualifying small business manufacturers must notify EPA and NHTSA Administrators before importing or introducing into U.S. commerce exempted vehicles or engines. This notification must include a description of the manufacturer's qualification as a small business under 13 CFR 121.201. Manufacturers must submit this notification to EPA, and EPA will provide the notification to NHTSA. The agencies may review a manufacturer's qualification as a small business manufacturer under 13 CFR 121.201.\n\n(2) Emergency vehicles. For model years 2021 and later, emergency vehicles produced by heavy-duty pickup truck and van manufacturers are exempted except those produced by manufacturers voluntarily complying with standards in \u00a7 535.5(a). Manufacturers must notify the agencies in writing if using the provisions in \u00a7 535.5(a) to produce exempted emergency vehicles in a given model year, either in the report specified in 40 CFR 86.1865 or in a separate submission.\n\n(3) Early introduction. The provision applies to manufacturers seeking to comply early with the NHTSA's fuel consumption program prior to model year 2014. The manufacturer must send the request to EPA before submitting its first application for a certificate of conformity.\n\n(4) NHTSA voluntary compliance model years. Manufacturers must submit a statement declaring whether the manufacturer chooses to comply voluntarily with NHTSA's fuel consumption standards for model years 2014 through 2015. The manufacturers must acknowledge that once selected, the decision cannot be reversed and the manufacturer will continue to comply with the fuel consumption standards for subsequent model years. The manufacturer must send the statement to EPA before submitting its first application for a certificate of conformity.\n\n(5) Alternative engine standards. Manufacturers choosing to comply with the alternative engine standards must notify EPA and NHTSA of their choice and include in that notification a demonstration that it has exhausted all available credits and credit opportunities. The manufacturer must send the statement to EPA before submitting its EOY report.\n\n(6) Alternate phase-in. Manufacturers choosing to comply with the alternative engine phase-in must notify EPA and NHTSA of their choice. The manufacturer must send the statement to EPA before submitting its first application for a certificate of conformity.\n\n(7) Off-road exclusion (tractors and vocational vehicles only). (i) Tractors and vocational vehicles primarily designed to perform work in off-road environments such as forests, oil fields, and construction sites may be exempted without request from the requirements of this regulation as specified in 49 CFR 523.2 and \u00a7 535.5(b). Within 90 days after the end of each model year, manufacturers must send EPA and NHTSA through the EPA database a report with the following information:\n\n(A) A description of each excluded vehicle configuration, including an explanation of why it qualifies for this exclusion.\n\n(B) The number of vehicles excluded for each vehicle configuration.\n\n(ii) A manufacturer having an off-road vehicle failing to meet the criteria under the agencies' off-road exclusions will be allowed to request an exclusion of such a vehicle from EPA and NHTSA. The approval will be granted through the certification process for the vehicle family and will be done in collaboration between EPA and NHTSA in accordance with the provisions in 40 CFR 1037.150, 1037.210, and 1037.631.\n\n(8) Vocational tractors. Tractors intended to be used as vocational tractors may comply with vocational vehicle standards in \u00a7 535.5(b). Manufacturers classifying tractors as vocational tractors must provide a description of how they meet the qualifications in their applications for certificates of conformity as specified in 40 CFR 1037.205.\n\n(9) Approval of alternate methods to determine drag coefficients (tractors only). Manufacturers seeking to use alternative methods to determine aerodynamic drag coefficients must provide a request and gain approval by EPA in accordance with 40 CFR 1037.525. The manufacturer must send the request to EPA before submitting its first application for a certificate of conformity.\n\n(10) Innovative and off-cycle technology credits. Manufacturers pursuing innovative and off-cycle technology credits must submit information to the agencies and may be subject to a public evaluation process in which the public would have opportunity for comment if the manufacturer is not using a test procedure in accordance with 40 CFR 1037.610(c). Whether the approach involves on-road testing, modeling, or some other analytical approach, the manufacturer would be required to present a final methodology to EPA and NHTSA. EPA and NHTSA would approve the methodology and credits only if certain criteria were met. Baseline emissions and fuel consumption and control emissions and fuel consumption would need to be clearly demonstrated over a wide range of real world driving conditions and over a sufficient number of vehicles to address issues of uncertainty with the data. Data would need to be on a vehicle model-specific basis unless a manufacturer demonstrated model-specific data was not necessary. The agencies may publish a notice of availability in the Federal Register notifying the public of a manufacturer's proposed alternative off-cycle credit calculation methodology and provide opportunity for comment. Any notice will include details regarding the methodology, but not include any Confidential Business Information.\n\n(11) Credit trades. If a manufacturer trades fuel consumption credits, it must send EPA and NHTSA a fuel consumption credit plan as specified in \u00a7 535.7(a) and provide the following additional information:\n\n(i) As the seller, the manufacturer must include the following information:\n\n(A) The corporate names of the buyer and any brokers.\n\n(B) A copy of any contracts related to the trade.\n\n(C) The averaging set corresponding to the engine and powertrain families and subfamilies that generated fuel consumption credits for the trade, including the number of fuel consumption credits from each averaging set.\n\n(ii) As the buyer, the manufacturer or entity must include the following information in its report:\n\n(A) The corporate names of the seller and any brokers.\n\n(B) A copy of any contracts related to the trade.\n\n(C) How the manufacturer or entity intends to use the fuel consumption credits, including the number of fuel consumption credits it intends to apply for each averaging set.\n\n(D) A copy of the contract with signatures from both the buyer and the seller.\n\n(12) Production reports. Within 90 days after the end of the model year and no later than March 31st, manufacturers participating and not-participating in the ABT program must send to EPA and NHTSA a report including the total U.S.-directed production volume of vehicles it produced in each vehicle and engine family during the model year (based on information available at the time of the report) as required by 40 CFR 1036.250 and 1037.250. Each manufacturer shall report by vehicle or engine identification number and by configuration and identify the subfamily identifier. Report uncertified vehicles sold to secondary vehicle manufacturers. Small business manufacturers may omit reporting. Identify any differences between volumes included for EPA but excluded for NHTSA.\n\n(13) Transition to engine-based model years. The following provisions apply for production and ABT reports during the transition to engine-based model year determinations for tractors and vocational vehicles in 2020 and 2021:\n\n(i) If a manufacturer installs model year 2020 or earlier engines in the manufacturer's vehicles in calendar year 2020, include all those Phase 1 vehicles in its production and ABT reports related to model year 2020 compliance, although the agencies may require the manufacturer to identify these separately from vehicles produced in calendar year 2019.\n\n(ii) If a manufacturer installs model year 2020 engines in its vehicles in calendar year 2021, submit production and ABT reports for those Phase 1 vehicles separate from the reports it submits for Phase 2 vehicles with model year 2021 engines.\n\n(h) Public information. Based upon information submitted by manufacturers and EPA, NHTSA will publish fuel consumption standards and performance results.\n\n(i) Information received from EPA. NHTSA will receive information from EPA as specified in 40 CFR 1036.755 and 1037.755. The knowing and willful submission of false, fictitious or fraudulent information under this part will subject a manufacturer to the civil and criminal penalties of 18 U.S.C. 1001.\n\n(j) Recordkeeping. NHTSA has the same recordkeeping requirements as the EPA, specified in 40 CFR 86.1865-12(k), 1036.250, 1036.735, 1036.825, 1037.250, 1037.735, and 1037.825. The agencies each reserve the right to request information contained in reports separately.\n\n(1) Manufacturers must organize and maintain records for NHTSA as described in this section. NHTSA in conjunction or separately from EPA may review a manufacturers records at any time.\n\n(2) Keep the records required by this section for at least eight years after the due date for the end-of-year report. Manufacturers may not use fuel consumption credits for any engines if it does not keep all the records required under this section. Manufacturers must therefore keep these records to continue to bank valid credits. Store these records in any electronic format and on any media, as long as the manufacturer can promptly send the agencies organized records in English if the agencies ask for them. Manufacturers must keep these records readily available. NHTSA may review them at any time.\n\n(3) Keep a copy of the reports required in \u00a7 535.8 and 40 CFR 1036.725,1036.730, 1037.725 and 1037.730.\n\n(4) Keep records of the vehicles and engine identification number (usually the serial number) for each vehicle and engine produced that generates or uses fuel consumption credits under the ABT program. Manufacturers may identify these numbers as a range. If manufacturers change the FEL after the start of production, identify the date started using each FEL/FCL and the range of vehicles or engine identification numbers associated with each FEL/FCL. Manufacturers must also identify the purchaser and destination for each vehicle and engine produced to the extent this information is available.\n\n(5) The agencies may require manufacturers to keep additional records or to send relevant information not required by this section in accordance with each agency's authority.\n\n(6) If collected separately and NHTSA finds that information is provided fraudulent or grossly negligent or otherwise provided in bad faith, the manufacturer may be liable to civil penalties in accordance with each agency's authority."], ["49:49:6.1.2.3.16.0.1.9", 49, "Transportation", "V", "", "535", "PART 535\u2014MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM", "", "", "", "\u00a7 535.9 Enforcement approach.", "NHTSA", "", "", "[81 FR 74238, Oct. 25, 2016, as amended at 89 FR 18831, Mar. 15, 2024]", "(a) Compliance. (1) Each year NHTSA will assess compliance with fuel consumption standards as specified in \u00a7 535.10.\n\n(i) NHTSA may conduct audits or confirmatory testing on any configuration prior to first sale throughout a given model year or after the model year in order to validate data received from manufacturers and will discuss any potential issues with EPA and the manufacturer. NHTSA may perform confirmatory testing. Any such testing would be performed as specified in EPA's regulations at 40 CFR part 1037. Audits may periodically be performed to confirm manufacturers' credit balances, or other credit transactions or other information submitted to EPA and NHTSA.\n\n(ii) NHTSA may also conduct field inspections either at manufacturing plants or at new vehicle dealerships to validate data received from manufacturers. Field inspections will be carried out in order to validate the condition of vehicles, engines or technology prior to first commercial sale to verify each component's certified configuration as initially built. NHTSA reserves the right to conduct inspections at other locations but will target only those components for which a violation would apply to OEMs and not the fleets or vehicle owners. Compliance inspections could be carried out through a number of approaches including during safety inspections or during compliance safety testing.\n\n(iii) NHTSA will conduct audits and inspections in the same manner and, when possible, in conjunction with EPA. NHTSA will also attempt to coordinate inspections with EPA and share results.\n\n(iv) Documents collected under NHTSA safety authority may be used to support fuel efficiency audits and inspections.\n\n(v) NHTSA may require a manufacturer to perform selective enforcement audits with respect to any GEM inputs in its application for certification or in the end of the year ABT final reports. Any required selective enforcement audits would be required to be conducted in a manner consistent with EPA's corresponding provisions at 40 CFR 1037.301, 1037.305, and 1037.320.\n\n(2) At the end of each model year NHTSA will confirm a manufacturer's fleet or family performance values against the applicable standards and, if a manufacturer uses a credit flexibility, the amount of credits in each averaging set. The averaging set balance is based upon the engines or vehicles performance above or below the applicable regulatory subcategory standards in each respective averaging set and any credits that are traded into or out of an averaging set during the model year.\n\n(i) If the balance is positive, the manufacturer is designated as having a credit surplus.\n\n(ii) If the balance is negative, the manufacturer is designated as having a credit deficit.\n\n(iii) NHTSA will provide notification to each manufacturer confirming its credit balance(s) after the end of each model year directly or through EPA.\n\n(3) Manufacturer are required to confirm the negative balance and submit a fuel consumption credit plan as specified in \u00a7 535.7(a) along with supporting documentation indicating how it will allocate existing credits or earn (providing information on future vehicles, engines or technologies), and/or acquire credits, or else be liable for a civil penalty as determined in paragraph (b) of this section. The manufacturer must submit the information within 60 days of receiving agency notification.\n\n(4) Credit shortfall within an averaging set may be carried forward only three years, and if not offset by earned or traded credits, the manufacturer may be liable for a civil penalty as described in paragraph (b) of this section.\n\n(5) Credit allocation plans received from a manufacturer will be reviewed and approved by NHTSA. NHTSA will approve a credit allocation plan unless it determines that the proposed credits are unavailable or that it is unlikely that the plan will result in the manufacturer earning or acquiring sufficient credits to offset the subject credit shortfall. In the case where a manufacturer submits a plan to acquire future model year credits earned by another manufacturer, NHTSA will require a signed agreement by both manufacturers to initiate a review of the plan. If a plan is approved, NHTSA will revise the respective manufacturer's credit account accordingly by identifying which existing or traded credits are being used to address the credit shortfall, or by identifying the manufacturer's plan to earn future credits for addressing the respective credit shortfall. If a plan is rejected, NHTSA will notify the respective manufacturer and request a revised plan. The manufacturer must submit a revised plan within 14 days of receiving agency notification. The agency will provide a manufacturer one opportunity to submit a revised credit allocation plan before it initiates civil penalty proceedings.\n\n(6) For purposes of this regulation, NHTSA will treat the use of future credits for compliance, as through a credit allocation plan, as a deferral of civil penalties for non-compliance with an applicable fuel consumption standard.\n\n(7) If NHTSA receives and approves a manufacturer's credit allocation plan to earn future credits within the following three model years in order to comply with regulatory obligations, NHTSA will defer levying civil penalties for non-compliance until the date(s) when the manufacturer's approved plan indicates that credits will be earned or acquired to achieve compliance, and upon receiving confirmed CO 2 emissions and fuel consumption data from EPA. If the manufacturer fails to acquire or earn sufficient credits by the plan dates, NHTSA will initiate civil penalty proceedings.\n\n(8) In the event that NHTSA fails to receive or is unable to approve a plan for a non-compliant manufacturer due to insufficiency or untimeliness, NHTSA may initiate civil penalty proceedings.\n\n(9) In the event that a manufacturer fails to report accurate fuel consumption data for vehicles or engines covered under this rule, noncompliance will be assumed until corrected by submission of the required data, and NHTSA may initiate civil penalty proceedings.\n\n(10) If EPA suspends or revoke a certificate of conformity as specified in 40 CFR 1036.255 or 1037.255, and a manufacturer is unable to take a corrective action allowed by EPA, noncompliance will be assumed, and NHTSA may initiate civil penalty proceedings or revoke fuel consumption credits.\n\n(b) Civil penalties \u2014(1) Generally. NHTSA may assess a civil penalty for any violation of this part under 49 U.S.C. 32902(k). This section states the procedures for assessing civil penalties for violations of \u00a7 535.3(h). The provisions of 5 U.S.C. 554, 556, and 557 do not apply to any proceedings conducted pursuant to this section.\n\n(2) Initial determination of noncompliance. An action for civil penalties is commenced by the execution of a Notice of Violation. A determination by NHTSA's Office of Enforcement of noncompliance with applicable fuel consumption standards utilizing the certified and reported CO 2 emissions and fuel consumption data provided by the Environmental Protection Agency as described in this part, and after considering all the flexibilities available under \u00a7 535.7, underlies a Notice of Violation. If NHTSA Enforcement determines that a manufacturer's averaging set of vehicles or engines fails to comply with the applicable fuel consumption standard(s) by generating a credit shortfall, the incomplete vehicle, complete vehicle or engine manufacturer, as relevant, shall be subject to a civil penalty.\n\n(3) Numbers of violations and maximum civil penalties. Any violation shall constitute a separate violation with respect to each vehicle or engine within the applicable regulatory averaging set. The maximum civil penalty is not more than $37,500.00 per vehicle or engine. The maximum civil penalty under this section for a related series of violations shall be determined by multiplying $37,500.00 times the vehicle or engine production volume for the model year in question within the regulatory averaging set. NHTSA may adjust this civil penalty amount to account for inflation.\n\n(4) Factors for determining penalty amount. In determining the amount of any civil penalty proposed to be assessed or assessed under this section, NHTSA shall take into account the gravity of the violation, the size of the violator's business, the violator's history of compliance with applicable fuel consumption standards, the actual fuel consumption performance related to the applicable standards, the estimated cost to comply with the regulation and applicable standards, the quantity of vehicles or engines not complying, and the effect of the penalty on the violator's ability to continue in business. The \u201cestimated cost to comply with the regulation and applicable standards,\u201d will be used to ensure that penalties for non-compliance will not be less than the cost of compliance.\n\n(5) NHTSA enforcement report of determination of non-compliance. (i) If NHTSA Enforcement determines that a violation has occurred, NHTSA Enforcement may prepare a report and send the report to the NHTSA Chief Counsel.\n\n(ii) The NHTSA Chief Counsel will review the report prepared by NHTSA Enforcement to determine if there is sufficient information to establish a likely violation.\n\n(iii) If the Chief Counsel determines that a violation has likely occurred, the Chief Counsel may issue a Notice of Violation to the party.\n\n(iv) If the Chief Counsel issues a Notice of Violation, he or she will prepare a case file with recommended actions. A record of any prior violations by the same party shall be forwarded with the case file.\n\n(6) Notice of violation. (i) The Notice of Violation will contain the following information:\n\n(A) The name and address of the party;\n\n(B) The alleged violation(s) and the applicable fuel consumption standard(s) violated;\n\n(C) The amount of the proposed penalty and basis for that amount;\n\n(D) The place to which, and the manner in which, payment is to be made;\n\n(E) A statement that the party may decline the Notice of Violation and that if the Notice of Violation is declined within 30 days of the date shown on the Notice of Violation, the party has the right to a hearing, if requested within 30 days of the date shown on the Notice of Violation, prior to a final assessment of a penalty by a Hearing Officer; and\n\n(F) A statement that failure to either pay the proposed penalty or to decline the Notice of Violation and request a hearing within 30 days of the date shown on the Notice of Violation will result in a finding of violation by default and that NHTSA will proceed with the civil penalty in the amount proposed on the Notice of Violation without processing the violation under the hearing procedures set forth in this subpart.\n\n(ii) The Notice of Violation may be delivered to the party by\u2014\n\n(A) Mailing to the party (certified mail is not required);\n\n(B) Use of an overnight or express courier service; or\n\n(C) Facsimile transmission or electronic mail (with or without attachments) to the party or an employee of the party.\n\n(iii) At any time after the Notice of Violation is issued, NHTSA and the party may agree to reach a compromise on the payment amount.\n\n(iv) Once a penalty amount is paid in full, a finding of \u201cresolved with payment\u201d will be entered into the case file.\n\n(v) If the party agrees to pay the proposed penalty, but has not made payment within 30 days of the date shown on the Notice of Violation, NHTSA will enter a finding of violation by default in the matter and NHTSA will proceed with the civil penalty in the amount proposed on the Notice of Violation without processing the violation under the hearing procedures set forth in this subpart.\n\n(vi) If within 30 days of the date shown on the Notice of Violation a party fails to pay the proposed penalty on the Notice of Violation, and fails to request a hearing, then NHTSA will enter a finding of violation by default in the case file, and will assess the civil penalty in the amount set forth on the Notice of Violation without processing the violation under the hearing procedures set forth in this subpart.\n\n(vii) NHTSA's order assessing the civil penalty following a party's default is a final agency action.\n\n(7) Hearing Officer. (i) If a party timely requests a hearing after receiving a Notice of Violation, a Hearing Officer shall hear the case.\n\n(ii) The Hearing Officer will be appointed by the NHTSA Administrator, and is solely responsible for the case referred to him or her. The Hearing Officer shall have no other responsibility, direct or supervisory, for the investigation of cases referred for the assessment of civil penalties. The Hearing Officer shall have no duties related to the light-duty fuel economy or medium- and heavy-duty fuel efficiency programs.\n\n(iii) The Hearing Officer decides each case on the basis of the information before him or her.\n\n(8) Initiation of action before the Hearing Officer. (i) After the Hearing Officer receives the case file from the Chief Counsel, the Hearing Officer notifies the party in writing of\u2014\n\n(A) The date, time, and location of the hearing and whether the hearing will be conducted telephonically or at the DOT Headquarters building in Washington, DC;\n\n(B) The right to be represented at all stages of the proceeding by counsel as set forth in paragraph (b)(9) of this section; and\n\n(C) The right to a free copy of all written evidence in the case file.\n\n(ii) On the request of a party, or at the Hearing Officer's direction, multiple proceedings may be consolidated if at any time it appears that such consolidation is necessary or desirable.\n\n(9) Counsel. A party has the right to be represented at all stages of the proceeding by counsel. A party electing to be represented by counsel must notify the Hearing Officer of this election in writing, after which point the Hearing Officer will direct all further communications to that counsel. A party represented by counsel bears all of its own attorneys' fees and costs.\n\n(10) Hearing location and costs. (i) Unless the party requests a hearing at which the party appears before the Hearing Officer in Washington, DC, the hearing may be held telephonically. In Washington, DC, the hearing is held at the headquarters of the U.S. Department of Transportation.\n\n(ii) The Hearing Officer may transfer a case to another Hearing Officer at a party's request or at the Hearing Officer's direction.\n\n(iii) A party is responsible for all fees and costs (including attorneys' fees and costs, and costs that may be associated with travel or accommodations) associated with attending a hearing.\n\n(11) Hearing procedures. (i) There is no right to discovery in any proceedings conducted pursuant to this subpart.\n\n(ii) The material in the case file pertinent to the issues to be determined by the Hearing Officer is presented by the Chief Counsel or his or her designee.\n\n(iii) The Chief Counsel may supplement the case file with information prior to the hearing. A copy of such information will be provided to the party no later than three business days before the hearing.\n\n(iv) At the close of the Chief Counsel's presentation of evidence, the party has the right to examine respond to and rebut material in the case file and other information presented by the Chief Counsel. In the case of witness testimony, both parties have the right of cross-examination.\n\n(v) In receiving evidence, the Hearing Officer is not bound by strict rules of evidence. In evaluating the evidence presented, the Hearing Officer must give due consideration to the reliability and relevance of each item of evidence.\n\n(vi) At the close of the party's presentation of evidence, the Hearing Officer may allow the introduction of rebuttal evidence that may be presented by the Chief Counsel.\n\n(vii) The Hearing Officer may allow the party to respond to any rebuttal evidence submitted.\n\n(viii) After the evidence in the case has been presented, the Chief Counsel and the party may present arguments on the issues in the case. The party may also request an opportunity to submit a written statement for consideration by the Hearing Officer and for further review. If granted, the Hearing Officer shall allow a reasonable time for submission of the statement and shall specify the date by which it must be received. If the statement is not received within the time prescribed, or within the limits of any extension of time granted by the Hearing Officer, it need not be considered by the Hearing Officer.\n\n(ix) A verbatim transcript of the hearing will not normally be prepared. A party may, solely at its own expense, cause a verbatim transcript to be made. If a verbatim transcript is made, the party shall submit two copies to the Hearing Officer not later than 15 days after the hearing. The Hearing Officer shall include such transcript in the record.\n\n(12) Determination of violations and assessment of civil penalties. (i) Not later than 30 days following the close of the hearing, the Hearing Officer shall issue a written decision on the Notice of Violation, based on the hearing record. This may be extended by the Hearing officer if the submissions by the Chief Counsel or the party are voluminous. The decision shall address each alleged violation, and may do so collectively. For each alleged violation, the decision shall find a violation or no violation and provide a basis for the finding. The decision shall set forth the basis for the Hearing Officer's assessment of a civil penalty, or decision not to assess a civil penalty. In determining the amount of the civil penalty, the gravity of the violation, the size of the violator's business, the violator's history of compliance with applicable fuel consumption standards, the actual fuel consumption performance related to the applicable standard, the estimated cost to comply with the regulation and applicable standard, the quantity of vehicles or engines not complying, and the effect of the penalty on the violator's ability to continue in business. The assessment of a civil penalty by the Hearing Officer shall be set forth in an accompanying final order. The Hearing Officer's written final order is a final agency action.\n\n(ii) If the Hearing Officer assesses civil penalties in excess of $1,000,000, the Hearing Officer's decision shall contain a statement advising the party of the right to an administrative appeal to the Administrator within a specified period of time. The party is advised that failure to submit an appeal within the prescribed time will bar its consideration and that failure to appeal on the basis of a particular issue will constitute a waiver of that issue in its appeal before the Administrator.\n\n(iii) The filing of a timely and complete appeal to the Administrator of a Hearing Officer's order assessing a civil penalty shall suspend the operation of the Hearing Officer's penalty, which shall no longer be a final agency action.\n\n(iv) There shall be no administrative appeals of civil penalties assessed by a Hearing Officer of less than $1,000,000.\n\n(13) Appeals of civil penalties in excess of $1,000,000. (i) A party may appeal the Hearing Officer's order assessing civil penalties over $1,000,000 to the Administrator within 21 days of the date of the issuance of the Hearing Officer's order.\n\n(ii) The Administrator will review the decision of the Hearing Officer de novo, and may affirm the decision of the hearing officer and assess a civil penalty, or\n\n(iii) The Administrator may\u2014\n\n(A) Modify a civil penalty;\n\n(B) Rescind the Notice of Violation; or\n\n(C) Remand the case back to the Hearing Officer for new or additional proceedings.\n\n(iv) In the absence of a remand, the decision of the Administrator in an appeal is a final agency action.\n\n(14) Collection of assessed or compromised civil penalties. (i) Payment of a civil penalty, whether assessed or compromised, shall be made by check, postal money order, or electronic transfer of funds, as provided in instructions by the agency. A payment of civil penalties shall not be considered a request for a hearing.\n\n(ii) The party must remit payment of any assessed civil penalty to NHTSA within 30 days after receipt of the Hearing Officer's order assessing civil penalties, or, in the case of an appeal to the Administrator, within 30 days after receipt of the Administrator's decision on the appeal.\n\n(iii) The party must remit payment of any compromised civil penalty to NHTSA on the date and under such terms and conditions as agreed to by the party and NHTSA. Failure to pay may result in NHTSA entering a finding of violation by default and assessing a civil penalty in the amount proposed in the Notice of Violation without processing the violation under the hearing procedures set forth in this part.\n\n(c) Changes in corporate ownership and control. Manufacturers must inform NHTSA of corporate relationship changes to ensure that credit accounts are identified correctly and credits are assigned and allocated properly.\n\n(1) In general, if two manufacturers merge in any way, they must inform NHTSA how they plan to merge their credit accounts. NHTSA will subsequently assess corporate fuel consumption and compliance status of the merged fleet instead of the original separate fleets.\n\n(2) If a manufacturer divides or divests itself of a portion of its automobile manufacturing business, it must inform NHTSA how it plans to divide the manufacturer's credit holdings into two or more accounts. NHTSA will subsequently distribute holdings as directed by the manufacturer, subject to provision for reasonably anticipated compliance obligations.\n\n(3) If a manufacturer is a successor to another manufacturer's business, it must inform NHTSA how it plans to allocate credits and resolve liabilities per 49 CFR part 534."], ["49:49:6.1.2.3.17.0.1.1", 49, "Transportation", "V", "", "536", "PART 536\u2014TRANSFER AND TRADING OF FUEL ECONOMY CREDITS", "", "", "", "\u00a7 536.1 Scope.", "NHTSA", "", "", "", "This part establishes regulations governing the use and application of corporate average fuel economy (CAFE) credits up to three model years before and five model years after the model year in which the credit was earned. It also specifies requirements for manufacturers wishing to transfer fuel economy credits between their fleets and for manufacturers and other persons wishing to trade fuel economy credits to achieve compliance with prescribed fuel economy standards."], ["49:49:6.1.2.3.17.0.1.10", 49, "Transportation", "V", "", "536", "PART 536\u2014TRANSFER AND TRADING OF FUEL ECONOMY CREDITS", "", "", "", "\u00a7 536.10 Treatment of dual-fuel and alternative fuel vehicles\u2014consistency with 49 CFR part 538.", "NHTSA", "", "", "", "(a) Statutory alternative fuel and dual-fuel vehicle fuel economy calculations are treated as a change in the underlying fuel economy of the vehicle for purposes of this part, not as a credit that may be transferred or traded. Improvements in alternative fuel or dual fuel vehicle fuel economy as calculated pursuant to 49 U.S.C. 32905 and limited by 49 U.S.C. 32906 are therefore attributable only to the particular compliance category and model year to which the alternative or dual-fuel vehicle belongs.\n\n(b) If a manufacturer's calculated fuel economy for a particular compliance category, including any statutorily-required calculations for alternative fuel and dual fuel vehicles, is higher or lower than the applicable fuel economy standard, manufacturers will earn credits or must apply credits or pay civil penalties equal to the difference between the calculated fuel economy level in that compliance category and the applicable standard. Credits earned are the same as any other credits, and may be held, transferred, or traded by the manufacturer subject to the limitations of the statute and this part.\n\n(c) For model years up to and including MY 2019, if a manufacturer builds enough dual fuel vehicles (except plug-in hybrid electric vehicles) to improve the calculated fuel economy in a particular compliance category by more than the limits set forth in 49 U.S.C. 32906(a), the improvement in fuel economy for compliance purposes is restricted to the statutory limit. Manufacturers may not earn credits nor reduce the application of credits or fines for calculated improvements in fuel economy based on dual fuel vehicles beyond the statutory limit.\n\n(d) For model years 2020 and beyond, a manufacturer must calculate the fuel economy of dual fueled vehicles in accordance with 40 CFR 600.510-12(c)."], ["49:49:6.1.2.3.17.0.1.2", 49, "Transportation", "V", "", "536", "PART 536\u2014TRANSFER AND TRADING OF FUEL ECONOMY CREDITS", "", "", "", "\u00a7 536.2 Application.", "NHTSA", "", "", "", "This part applies to all credits earned (and transferable and tradable) for exceeding applicable average fuel economy standards in a given model year for domestically manufactured passenger cars, imported passenger cars, and light trucks."], ["49:49:6.1.2.3.17.0.1.3", 49, "Transportation", "V", "", "536", "PART 536\u2014TRANSFER AND TRADING OF FUEL ECONOMY CREDITS", "", "", "", "\u00a7 536.3 Definitions.", "NHTSA", "", "", "", "(a) Statutory terms. All terms defined in 49 U.S.C. 32901(a) are used pursuant to their statutory meaning.\n\n(b) Other terms. (1) Above standard fuel economy means, with respect to a compliance category, that the automobiles manufactured by a manufacturer in that compliance category in a particular model year have greater average fuel economy (calculated in a manner that reflects the incentives for alternative fuel automobiles per 49 U.S.C. 32905) than that manufacturer's fuel economy standard for that compliance category and model year.\n\n(2) Adjustment factor means a factor used to adjust the value of a traded or transferred credit for compliance purposes to ensure that the compliance value of the credit when used reflects the total volume of oil saved when the credit was earned.\n\n(3) Below standard fuel economy means, with respect to a compliance category, that the automobiles manufactured by a manufacturer in that compliance category in a particular model year have lower average fuel economy (calculated in a manner that reflects the incentives for alternative fuel automobiles per 49 U.S.C. 32905) than that manufacturer's fuel economy standard for that compliance category and model year.\n\n(4) Compliance means a manufacturer achieves compliance in a particular compliance category when:\n\n(i) The average fuel economy of the vehicles in that category exceed or meet the fuel economy standard for that category; or\n\n(ii) The average fuel economy of the vehicles in that category do not meet the fuel economy standard for that category, but the manufacturer proffers a sufficient number of valid credits, adjusted for total oil savings, to cover the gap between the average fuel economy of the vehicles in that category and the required average fuel economy. A manufacturer achieves compliance for its fleet if the conditions in paragraph (b)(4)(i) of this section or this paragraph (b)(4)(ii) are simultaneously met for all compliance categories.\n\n(5) Compliance category means any of three categories of automobiles subject to Federal fuel economy regulations in this chapter. The three compliance categories recognized by 49 U.S.C. 32903(g)(6) are domestically manufactured passenger automobiles, imported passenger automobiles, and non-passenger automobiles (\u201clight trucks\u201d).\n\n(6) Credit holder (or holder) means a legal person that has valid possession of credits, either because they are a manufacturer who has earned credits by exceeding an applicable fuel economy standard in this chapter, or because they are a designated recipient who has received credits from another holder. Credit holders need not be manufacturers, although all manufacturers may be credit holders.\n\n(7) Credits (or fuel economy credits) means an earned or purchased allowance recognizing that the average fuel economy of a particular manufacturer's vehicles within a particular compliance category and model year exceeds that manufacturer's fuel economy standard for that compliance category and model year. One credit is equal to \n 1/10 of a mile per gallon above the fuel economy standard per one vehicle within a compliance category. Credits are denominated according to model year in which they are earned (vintage), originating manufacturer, and compliance category.\n\n(8) Expiry date means the model year after which fuel economy credits may no longer be used to achieve compliance with fuel economy regulations in this chapter. Expiry dates are calculated in terms of model years: For example, if a manufacturer earns credits for model year 2011, these credits may be used for compliance in model years 2008-2016.\n\n(9) Fleet means all automobiles that are manufactured by a manufacturer in a particular model year and are subject to fuel economy standards under parts 531 and 533 of this chapter. For the purposes of this part, a manufacturer's fleet means all domestically manufactured and imported passenger automobiles and non-passenger automobiles (\u201clight trucks\u201d). \u201cWork trucks\u201d and medium and heavy trucks are not included in this definition for purposes of this part.\n\n(10) Light truck means the same as \u201cnon-passenger automobile,\u201d as that term is defined in 49 U.S.C. 32901(a)(17), and as \u201clight truck,\u201d as that term is defined at \u00a7 523.5 of this chapter.\n\n(11) Originating manufacturer means the manufacturer that originally earned a particular credit. Each credit earned will be identified with the name of the originating manufacturer.\n\n(12) Trade means the receipt by the National Highway Traffic Administration (NHTSA) of an instruction from a credit holder to place one of its credits in the account of another credit holder. A credit that has been traded can be identified because the originating manufacturer will be a different party than the current credit holder. Traded credits are moved from one credit holder to the recipient credit holder within the same compliance category for which the credits were originally earned. If a credit has been traded to another credit holder and is subsequently traded back to the originating manufacturer, it will be deemed not to have been traded for compliance purposes.\n\n(13) Transfer means the application by a manufacturer of credits earned by that manufacturer in one compliance category or credits acquired be trade (and originally earned by another manufacturer in that category) to achieve compliance with fuel economy standards with respect to a different compliance category. For example, a manufacturer may purchase light truck credits from another manufacturer, and transfer them to achieve compliance in the manufacturer's domestically manufactured passenger car fleet. Subject to the credit transfer limitations of 49 U.S.C. 32903(g)(3), credits can also be transferred across compliance categories and banked or saved in that category to be carried forward or backwards later to address a credit shortfall.\n\n(14) Vintage means, with respect to a credit, the model year in which the credit was earned."], ["49:49:6.1.2.3.17.0.1.4", 49, "Transportation", "V", "", "536", "PART 536\u2014TRANSFER AND TRADING OF FUEL ECONOMY CREDITS", "", "", "", "\u00a7 536.4 Credits.", "NHTSA", "", "", "[87 FR 26082, May 2, 2022, as amended at 89 FR 52953, June 24, 2024]", "(a) Type and vintage. All credits are identified and distinguished in the accounts by originating manufacturer, compliance category, and model year of origin (vintage).\n\n(b) Application of credits. All credits earned and applied are calculated, per 49 U.S.C. 32903(c), in tenths of a mile per gallon by which the average fuel economy of vehicles in a particular compliance category manufactured by a manufacturer in the model year in which the credits are earned exceeds the applicable average fuel economy standard, multiplied by the number of vehicles sold in that compliance category. However, credits that have been traded between credit holders or transferred between compliance categories are valued for compliance purposes using the adjustment factor specified in paragraph (c) of this section, pursuant to the \u201ctotal oil savings\u201d requirement of 49 U.S.C. 32903(f)(1).\n\n(c) Adjustment factor. When traded or transferred and used, fuel economy credits are adjusted to ensure fuel oil savings is preserved. For traded credits, the user (or buyer) must multiply the calculated adjustment factor by the number of shortfall credits it plans to offset in order to determine the number of equivalent credits to acquire from the earner (or seller). For transferred credits, the user of credits must multiply the calculated adjustment factor by the number of shortfall credits it plans to offset in order to determine the number of equivalent credits to transfer from the compliance category holding the available credits. The adjustment factor is calculated according to the following formula in figure 1 to this paragraph (c):\n\nWhere:\n \n A = Adjustment factor applied to traded and transferred credits. The quotient shall be rounded to 4 decimal places;\n \n VMTe = Lifetime vehicle miles traveled as provided in the following Table 1 to this paragraph (c) for the model year and compliance category in which the credit was earned;\n \n VMTu = Lifetime vehicle miles traveled as provided in the following Table 1 to this paragraph (c) for the model year and compliance category in which the credit is used for compliance;\n \n MPGse = Required fuel economy standard for the originating (earning) manufacturer, compliance category, and model year in which the credit was earned;\n \n MPGae = Actual fuel economy for the originating manufacturer, compliance category, and model year in which the credit was earned;\n \n MPGsu = Required fuel economy standard for the user (buying) manufacturer, compliance category, and model year in which the credit is used for compliance; and\n \n MPGau = Actual fuel economy for the user manufacturer, compliance category, and model year in which the credit is used for compliance.\n\nWhere:\n\nA = Adjustment factor applied to traded and transferred credits. The quotient shall be rounded to 4 decimal places;\n\nVMTe = Lifetime vehicle miles traveled as provided in the following Table 1 to this paragraph (c) for the model year and compliance category in which the credit was earned;\n\nVMTu = Lifetime vehicle miles traveled as provided in the following Table 1 to this paragraph (c) for the model year and compliance category in which the credit is used for compliance;\n\nMPGse = Required fuel economy standard for the originating (earning) manufacturer, compliance category, and model year in which the credit was earned;\n\nMPGae = Actual fuel economy for the originating manufacturer, compliance category, and model year in which the credit was earned;\n\nMPGsu = Required fuel economy standard for the user (buying) manufacturer, compliance category, and model year in which the credit is used for compliance; and\n\nMPGau = Actual fuel economy for the user manufacturer, compliance category, and model year in which the credit is used for compliance.\n\nTable 1 to \u00a7 536.4( c )\u2014Lifetime Vehicle Miles Traveled"], ["49:49:6.1.2.3.17.0.1.5", 49, "Transportation", "V", "", "536", "PART 536\u2014TRANSFER AND TRADING OF FUEL ECONOMY CREDITS", "", "", "", "\u00a7 536.5 Trading infrastructure.", "NHTSA", "", "", "", "(a) Accounts. NHTSA maintains \u201caccounts\u201d for each credit holder. The account consists of a balance of credits in each compliance category and vintage held by the holder.\n\n(b) Who may hold credits. Every manufacturer subject to fuel economy standards under part 531 or 533 of this chapter is automatically an account holder. If the manufacturer earns credits pursuant to this part, or receives credits from another party, so that the manufacturer's account has a non-zero balance, then the manufacturer is also a credit holder. Any party designated as a recipient of credits by a current credit holder will receive an account from NHTSA and become a credit holder, subject to the following conditions:\n\n(1) A designated recipient must provide name, address, contacting information, and a valid taxpayer identification number or Social Security number;\n\n(2) NHTSA does not grant a request to open a new account by any party other than a party designated as a recipient of credits by a credit holder; and\n\n(3) NHTSA maintains accounts with zero balances for a period of time, but reserves the right to close accounts that have had zero balances for more than one year.\n\n(c) Automatic debits and credits of accounts. (1) To carry credits forward, backward, transfer credits, or trade credits into other credit accounts, a manufacturer or credit holder must submit a credit instruction to NHTSA. A credit instruction must detail and include:\n\n(i) The credit holder(s) involved in the transaction.\n\n(ii) The originating credits described by the amount of the credits, compliance category and the vintage of the credits.\n\n(iii) The recipient credit account(s) for banking or applying the originating credits described by the compliance category(ies), model year(s), and if applicable the adjusted credit amount(s) and adjustment factor(s).\n\n(iv) For trades, a contract authorizing the trade signed by the manufacturers or credit holders or by managers legally authorized to obligate the sale and purchase of the traded credits.\n\n(2) Upon receipt of a credit instruction from an existing credit holder, NHTSA verifies the presence of sufficient credits in the account(s) of the credit holder(s) involved as applicable and notifies the credit holder(s) that the credits will be debited from and/or credited to the accounts involved, as specified in the credit instruction. NHTSA determines if the credits can be debited or credited based upon the amount of available credits, accurate application of any adjustment factors and the credit requirements prescribed by this part that are applicable at the time the transaction is requested.\n\n(3) After notifying the credit holder(s), all accounts involved are either credited or debited, as appropriate, in line with the credit instruction. Traded credits identified by a specific compliance category are deposited into the recipient's account in that same compliance category and model year. If a recipient of credits as identified in a credit instruction is not a current account holder, NHTSA establishes the credit recipient's account, subject to the conditions described in paragraph (b) of this section, and adds the credits to the newly-opened account.\n\n(4) NHTSA will automatically delete unused credits from holders' accounts when those credits reach their expiry date.\n\n(5) Starting January 1, 2022, all parties trading credits must also provide NHTSA the price paid for the credits including a description of any other monetary or non-monetary terms affecting the price of the traded credits, such as any technology exchanged or shared in exchange for the credits, any other non-monetary payment for the credits, or any other agreements related to the trade.\n\n(6) Starting September 1, 2022, manufacturers or credit holders issuing credit instructions or providing credit allocation plans as specified in paragraph (d) of this section, must use and submit the NHTSA Credit Template fillable form (Office of Management and Budget (OMB) Control No. 2127-0019, NHTSA Form 1475). In the case of a trade, manufacturers or credit holders buying traded credits must use the credit transactions template to submit trade instructions to NHTSA. Manufacturers or credit holders selling credits are not required to submit trade instructions. The NHTSA Credit Template must be signed by managers legally authorized to obligate the sale and/or purchase of the traded credits from both parties to the trade. The NHTSA Credit Template signed by both parties to the trade serves as an acknowledgement that the parties have agreed to trade a certain amount of credits, and does not dictate terms, conditions, or other business obligations of the parties.\n\n(7) NHTSA will consider claims that information submitted to the agency under this section is entitled to confidential treatment under 5 U.S.C. 552(b) and under the provisions of part 512 of this chapter if the information is submitted in accordance with the procedures of part 512. The NHTSA Credit Template is available for download on the CAFE Public Information Center website. Manufacturers must submit the cost information to NHTSA in a PDF document along with the Credit Template through the CAFE email, cafe@dot.gov . NHTSA reserves the right to request additional information from the parties regarding the terms of the trade.\n\n(d) Compliance. (1) NHTSA assesses compliance with fuel economy standards each year, utilizing the certified and reported CAFE data provided by the Environmental Protection Agency (EPA) for enforcement of the CAFE program pursuant to 49 U.S.C. 32904(e). Credit values are calculated based on the CAFE data from the EPA. If a particular compliance category within a manufacturer's fleet has above standard fuel economy, NHTSA adds credits to the manufacturer's account for that compliance category and vintage in the appropriate amount by which the manufacturer has exceeded the applicable standard.\n\n(2) If a manufacturer's vehicles in a particular compliance category have below standard fuel economy, NHTSA will provide written notification to the manufacturer that it has failed to meet a particular fleet target standard. The manufacturer will be required to confirm the shortfall and must either: submit a plan indicating how it will allocate existing credits or earn, transfer and/or acquire credits; or pay the appropriate civil penalty. The manufacturer must submit a plan or payment within 60 days of receiving agency notification.\n\n(3) Credits used to offset shortfalls are subject to the three- and five-year limitations as described in \u00a7 536.6.\n\n(4) Transferred credits are subject to the limitations specified by 49 U.S.C. 32903(g)(3) and this part.\n\n(5) The value, when used for compliance, of any credits received via trade or transfer is adjusted, using the adjustment factor described in \u00a7 536.4(c), pursuant to 49 U.S.C. 32903(f)(1).\n\n(6) Credit allocation plans received from a manufacturer will be reviewed and approved by NHTSA. Starting in model year 2022, credit holders must use the NHTSA Credit Template (OMB Control No. 2127-0019, NHTSA Forms 1475) to record the credit transactions. The template is a fillable form that has an option for recording and calculating credit transactions for credit allocation plans. The template calculates the required adjustments to the credits. The credit allocation plan and the completed transaction templates must be submitted to NHTSA. NHTSA will approve the credit allocation plan unless it finds that the proposed credits are unavailable or that it is unlikely that the plan will result in the manufacturer earning sufficient credits to offset the subject credit shortfall. If the plan is approved, NHTSA will revise the respective manufacturer's credit account accordingly. If the plan is rejected, NHTSA will notify the respective manufacturer and request a revised plan or payment of the appropriate fine.\n\n(e) Reporting. (1) NHTSA periodically publishes the names and credit holdings of all credit holders. NHTSA does not publish individual transactions, nor respond to individual requests for updated balances from any party other than the account holder.\n\n(2) NHTSA issues an annual credit status letter to each party that is a credit holder at that time. The letter to a credit holder includes a credit accounting record that identifies the credit status of the credit holder including any activity (earned, expired, transferred, traded, carry-forward and carry-back credit transactions/allocations) that took place during the identified activity period."], ["49:49:6.1.2.3.17.0.1.6", 49, "Transportation", "V", "", "536", "PART 536\u2014TRANSFER AND TRADING OF FUEL ECONOMY CREDITS", "", "", "", "\u00a7 536.6 Treatment of credits earned prior to model year 2011.", "NHTSA", "", "", "", "(a) Credits earned in a compliance category before model year 2008 may be applied by the manufacturer that earned them to carryback plans for that compliance category approved up to three model years prior to the year in which the credits were earned, or may be applied to compliance in that compliance category for up to three model years after the year in which the credits were earned.\n\n(b) Credits earned in a compliance category during and after model year 2008 may be applied by the manufacturer that earned them to carryback plans for that compliance category approved up to three years prior to the year in which the credits were earned, or may be held or applied for up to five model years after the year in which the credits were earned.\n\n(c) Credits earned in a compliance category prior to model year 2011 may not be transferred or traded."], ["49:49:6.1.2.3.17.0.1.7", 49, "Transportation", "V", "", "536", "PART 536\u2014TRANSFER AND TRADING OF FUEL ECONOMY CREDITS", "", "", "", "\u00a7 536.7 Treatment of carryback credits.", "NHTSA", "", "", "", "(a) Carryback credits earned in a compliance category in any model year may be used in carryback plans approved by NHTSA, pursuant to 49 U.S.C. 32903(b), for up to three model years prior to the year in which the credit was earned.\n\n(b) For purposes of this part, NHTSA will treat the use of future credits for compliance, as through a carryback plan, as a deferral of penalties for non-compliance with an applicable fuel economy standard.\n\n(c) If NHTSA receives and approves a manufacturer's carryback plan to earn future credits within the following three model years in order to comply with current regulatory obligations, NHTSA will defer levying fines for non-compliance until the date(s) when the manufacturer's approved plan indicates that credits will be earned or acquired to achieve compliance, and upon receiving confirmed CAFE data from EPA. If the manufacturer fails to acquire or earn sufficient credits by the plan dates, NHTSA will initiate compliance proceedings.\n\n(d) In the event that NHTSA fails to receive or approve a plan for a non-compliant manufacturer, NHTSA will levy fines pursuant to statute. If within three years, the non-compliant manufacturer earns or acquires additional credits to reduce or eliminate the non-compliance, NHTSA will reduce any fines owed, or repay fines to the extent that credits received reduce the non-compliance.\n\n(e) No credits from any source (earned, transferred and/or traded) will be accepted in lieu of compliance if those credits are not identified as originating within one of the three model years after the model year of the confirmed shortfall."], ["49:49:6.1.2.3.17.0.1.8", 49, "Transportation", "V", "", "536", "PART 536\u2014TRANSFER AND TRADING OF FUEL ECONOMY CREDITS", "", "", "", "\u00a7 536.8 Conditions for trading of credits.", "NHTSA", "", "", "", "(a) Trading of credits. If a credit holder wishes to trade credits to another party, the current credit holder and the receiving party must jointly issue an instruction to NHTSA, identifying the quantity, vintage, compliance category, and originator of the credits to be traded. If the recipient is not a current account holder, the recipient must provide sufficient information for NHTSA to establish an account for the recipient. Once an account has been established or identified for the recipient, NHTSA completes the trade by debiting the transferor's account and crediting the recipient's account. NHTSA will track the quantity, vintage, compliance category, and originator of all credits held or traded by all account-holders.\n\n(b) Trading between and within compliance categories. For credits earned in model year 2011 or thereafter, and used to satisfy compliance obligations for model year 2011 or thereafter:\n\n(1) Manufacturers may use credits originally earned by another manufacturer in a particular compliance category to satisfy compliance obligations within the same compliance category.\n\n(2) Once a manufacturer acquires by trade credits originally earned by another manufacturer in a particular compliance category, the manufacturer may transfer the credits to satisfy its compliance obligations in a different compliance category, but only to the extent that the CAFE increase attributable to the transferred credits does not exceed the limits in 49 U.S.C. 32903(g)(3). For any compliance category, the sum of a manufacturer's transferred credits earned by that manufacturer and transferred credits obtained by that manufacturer through trade must not exceed that limit.\n\n(c) Changes in corporate ownership and control. Manufacturers must inform NHTSA of corporate relationship changes to ensure that credit accounts are identified correctly and credits are assigned and allocated properly.\n\n(1) In general, if two manufacturers merge in any way, they must inform NHTSA how they plan to merge their credit accounts. NHTSA will subsequently assess corporate fuel economy and compliance status of the merged fleet instead of the original separate fleets.\n\n(2) If a manufacturer divides or divests itself of a portion of its automobile manufacturing business, it must inform NHTSA how it plans to divide the manufacturer's credit holdings into two or more accounts. NHTSA will subsequently distribute holdings as directed by the manufacturer, subject to provision for reasonably anticipated compliance obligations.\n\n(3) If a manufacturer is a successor to another manufacturer's business, it must inform NHTSA how it plans to allocate credits and resolve liabilities per part 534 of this chapter.\n\n(d) No short or forward sales. NHTSA will not honor any instructions to trade or transfer more credits than are currently held in any account. NHTSA will not honor instructions to trade or transfer credits from any future vintage ( i.e., credits not yet earned). NHTSA will not participate in or facilitate contingent trades.\n\n(e) Cancellation of credits. A credit holder may instruct NHTSA to cancel its currently held credits, specifying the originating manufacturer, vintage, and compliance category of the credits to be cancelled. These credits will be permanently null and void; NHTSA will remove the specific credits from the credit holder's account, and will not reissue them to any other party.\n\n(f) Errors or fraud in earning credits. If NHTSA determines that a manufacturer has been credited, through error or fraud, with earning credits, NHTSA will cancel those credits if possible. If the manufacturer credited with having earned those credits has already traded them when the error or fraud is discovered, NHTSA will hold the receiving manufacturer responsible for returning the same or equivalent credits to NHTSA for cancellation.\n\n(g) Error or fraud in trading. In general, all trades are final and irrevocable once executed, and may only be reversed by a new, mutually-agreed transaction. If NHTSA executes an erroneous instruction to trade credits from one holder to another through error or fraud, NHTSA will reverse the transaction if possible. If those credits have been traded away, the recipient holder is responsible for obtaining the same or equivalent credits for return to the previous holder."], ["49:49:6.1.2.3.17.0.1.9", 49, "Transportation", "V", "", "536", "PART 536\u2014TRANSFER AND TRADING OF FUEL ECONOMY CREDITS", "", "", "", "\u00a7 536.9 Use of credits with regard to the domestically manufactured passenger automobile minimum standard.", "NHTSA", "", "", "", "(a) Each manufacturer is responsible for compliance with both the minimum standard and the attribute-based standard set out in the chapter.\n\n(b) In any particular model year, the domestically manufactured passenger automobile compliance category credit excess or shortfall is determined by comparing the actual CAFE value against either the required standard value or the minimum standard value, whichever is larger.\n\n(c) Transferred or traded credits may not be used, pursuant to 49 U.S.C. 32903(g)(4) and (f)(2), to meet the domestically manufactured passenger automobile minimum standard specified in 49 U.S.C. 32902(b)(4) and in 49 CFR 531.5(d).\n\n(d) If a manufacturer's average fuel economy level for domestically manufactured passenger automobiles is lower than the attribute-based standard, but higher than the minimum standard, then the manufacturer may achieve compliance with the attribute-based standard by applying credits.\n\n(e) If a manufacturer's average fuel economy level for domestically manufactured passenger automobiles is lower than the minimum standard, then the difference between the minimum standard and the manufacturer's actual fuel economy level may only be relieved by the use of credits earned by that manufacturer within the domestic passenger car compliance category which have not been transferred or traded. If the manufacturer does not have available earned credits to offset a credit shortage below the minimum standard then the manufacturer can submit a carry-back plan that indicates sufficient future credits will be earned in its domestic passenger car compliance category or will be subject to penalties."], ["49:49:6.1.2.3.18.0.1.1", 49, "Transportation", "V", "", "537", "PART 537\u2014AUTOMOTIVE FUEL ECONOMY REPORTS", "", "", "", "\u00a7 537.1 Scope.", "NHTSA", "", "", "", "This part establishes requirements for automobile manufacturers to submit reports to the National Highway Traffic Safety Administration regarding their efforts to improve automotive fuel economy."], ["49:49:6.1.2.3.18.0.1.10", 49, "Transportation", "V", "", "537", "PART 537\u2014AUTOMOTIVE FUEL ECONOMY REPORTS", "", "", "", "\u00a7 537.10 Incorporation by reference by manufacturers.", "NHTSA", "", "", "", "(a) A manufacturer may incorporate by reference in a report required by this part any document other than a report, petition, or application, or portion thereof submitted to any Federal department or agency more than two model years before the current model year.\n\n(b) A manufacturer that incorporates by references a document not previously submitted to the National Highway Traffic Safety Administration shall append that document to the report.\n\n(c) A manufacturer that incorporates by reference a document shall clearly identify the document and, in the case of a document previously submitted to the National Highway Traffic Safety Administration, indicate the date on which and the person by whom the document was submitted to this agency."], ["49:49:6.1.2.3.18.0.1.11", 49, "Transportation", "V", "", "537", "PART 537\u2014AUTOMOTIVE FUEL ECONOMY REPORTS", "", "", "", "\u00a7 537.11 Public inspection of information.", "NHTSA", "", "", "", "Except as provided in \u00a7 537.12, any person may inspect the information and data submitted by a manufacturer under this part in the docket section of the National Highway Traffic Safety Administration. Any person may obtain copies of the information available for inspection under this section in accordance with the regulations of the Secretary of Transportation in part 7 of this title."], ["49:49:6.1.2.3.18.0.1.12", 49, "Transportation", "V", "", "537", "PART 537\u2014AUTOMOTIVE FUEL ECONOMY REPORTS", "", "", "", "\u00a7 537.12 Confidential information.", "NHTSA", "", "", "", "(a) Treatment of confidential information. Information made available under \u00a7 537.11 for public inspection does not include information for which confidentiality is requested under \u00a7 537.5(c)(7), is granted in accordance with section 505 of the Act and 5 U.S.C. 552(b) and is not subsequently released under paragraph (c) of this section in accordance with section 505 of the Act.\n\n(b) Denial of confidential treatment. When the Administrator denies a manufacturer's request under \u00a7 537.5(c)(7) for confidential treatment of information, the Administrator gives the manufacturer written notice of the denial and reasons for it. Public disclosure of the information is not made until after the ten-day period immediately following the giving of the notice.\n\n(c) Release of confidential information. After giving written notice to a manufacturer and allowing ten days, when feasible, for the manufacturer to respond, the Administrator may make available for public inspection any information submitted under this part that is relevant to a proceeding under the Act, including information that was granted confidential treatment by the Administrator pursuant to a request by the manufacturer under \u00a7 537.5(c)(7)."], ["49:49:6.1.2.3.18.0.1.2", 49, "Transportation", "V", "", "537", "PART 537\u2014AUTOMOTIVE FUEL ECONOMY REPORTS", "", "", "", "\u00a7 537.2 Purpose.", "NHTSA", "", "", "[89 FR 52953, June 24, 2024]", "The purpose of this part is to obtain information to aid the National Highway Traffic Safety Administration in evaluating automobile manufacturers' plans for complying with average fuel economy standards and in preparing an annual review of the average fuel economy standards."], ["49:49:6.1.2.3.18.0.1.3", 49, "Transportation", "V", "", "537", "PART 537\u2014AUTOMOTIVE FUEL ECONOMY REPORTS", "", "", "", "\u00a7 537.3 Applicability.", "NHTSA", "", "", "[89 FR 52953, June 24, 2024]", "This part applies to automobile manufacturers, except for manufacturers subject to an alternate fuel economy standard under 49 U.S.C. 32902(d)."], ["49:49:6.1.2.3.18.0.1.4", 49, "Transportation", "V", "", "537", "PART 537\u2014AUTOMOTIVE FUEL ECONOMY REPORTS", "", "", "", "\u00a7 537.4 Definitions.", "NHTSA", "", "", "[89 FR 52953, June 24, 2024]", "(a) Statutory terms. (1) The terms average fuel economy standard, fuel, manufacture, and model year are used as defined in 49 U.S.C. 32901.\n\n(2) The term manufacturer is used as defined in 49 U.S.C. 32901 and in accordance with part 529 of this chapter.\n\n(3) The terms average fuel economy, fuel economy, and model type are used as defined in subpart A of 40 CFR part 600.\n\n(4) The terms automobile, automobile capable of off-highway operation, and passenger automobile are used as defined in 49 U.S.C. 32901 and in accordance with the determinations in part 523 of this chapter.\n\n(b) Other terms. (1) The term loaded vehicle weight is used as defined in subpart A of 40 CFR part 86.\n\n(2) The terms axle ratio, base level, body style, car line, combined fuel economy, engine code, equivalent test weight, gross vehicle weight, inertia weight, transmission class, and vehicle configuration are used as defined in subpart A of 40 CFR part 600.\n\n(3) The term light truck is used as defined in part 523 of this chapter and in accordance with determinations in that part.\n\n(4) The terms approach angle, axle clearance, brakeover angle, cargo carrying volume, departure angle, passenger carrying volume, running clearance, and temporary living quarters are used as defined in part 523 of this chapter.\n\n(5) The term incomplete automobile manufacturer is used as defined in part 529 of this chapter.\n\n(6) As used in this part, unless otherwise required by the context:\n\n(i) Administrator means the Administrator of the National Highway Traffic Safety Administration or the Administrator's delegate.\n\n(ii) Current model year means:\n\n(A) In the case of a pre-model year report, the full model year immediately following the period during which that report is required by \u00a7 537.5(b) to be submitted.\n\n(B) In the case of a mid-model year report, the model year during which that report is required by \u00a7 537.5(b) to be submitted.\n\n(iii) Average means a production-weighted harmonic average.\n\n(iv) Total drive ratio means the ratio of an automobile's engine rotational speed (in revolutions per minute) to the automobile's forward speed (in miles per hour)."], ["49:49:6.1.2.3.18.0.1.5", 49, "Transportation", "V", "", "537", "PART 537\u2014AUTOMOTIVE FUEL ECONOMY REPORTS", "", "", "", "\u00a7 537.5 General requirements for reports.", "NHTSA", "", "", "", "(a) For each current model year, each manufacturer shall submit a pre-model year report, a mid-model year report, and, as required by \u00a7 537.8, supplementary reports.\n\n(b)(1) The pre-model year report required by this part for each current model year must be submitted during the month of December ( e.g., the pre-model year report for the 1983 model year must be submitted during December 1982).\n\n(2) The mid-model year report required by this part for each current model year must be submitted during the month of July ( e.g., the mid-model year report for the 1983 model year must be submitted during July 1983).\n\n(3) Each supplementary report must be submitted in accordance with \u00a7 537.8(c).\n\n(c) Each report required by this part must:\n\n(1) Identify the report as a pre-model year report, mid-model year report, or supplementary report as appropriate;\n\n(2) Identify the manufacturer submitting the report;\n\n(3) State the full name, title, and address of the official responsible for preparing the report;\n\n(4) Be submitted electronically to cafe@dot.gov . For each report, manufacturers should submit a confidential version and a non-confidential ( i.e., redacted) version. The confidential report should be accompanied by a request letter that contains supporting information, pursuant to \u00a7 512.8 of this chapter. Your request must also include a certificate, pursuant to \u00a7 512.4(b) of this chapter and part 512, appendix A, of this chapter. The word \u201cCONFIDENTIAL\u201d must appear on the top of each page containing information claimed to be confidential. If an entire page is claimed to be confidential, the submitter must indicate clearly that the entire page is claimed to be confidential. If the information for which confidentiality is being requested is contained within a page, the submitter shall enclose each item of information that is claimed to be confidential within brackets: \u201c[ ].\u201d Confidential portions of electronic files submitted in other than their original format must be marked \u201cConfidential Business Information\u201d or \u201cEntire Page Confidential Business Information\u201d at the top of each page. If only a portion of a page is claimed to be confidential, that portion shall be designated by brackets. Files submitted in their original format that cannot be marked as described above must, to the extent practicable, identify confidential information by alternative markings using existing attributes within the file or means that are accessible through use of the file's associated program. A representative from NHTSA's Office of Chief Counsel, as designated by NHTSA, should be copied on any submissions with confidential business information;\n\n(5) Identify the current model year;\n\n(6) Be written in the English language; and\n\n(7)(i) Specify any part of the information or data in the report that the manufacturer believes should be withheld from public disclosure as trade secret or other confidential business information.\n\n(ii) With respect to each item of information or data requested by the manufacturer to be withheld under 5 U.S.C. 552(b)(4) and 15 U.S.C. 2005(d)(1), the manufacturer shall:\n\n(A) Show that the item is within the scope of sections 552(b)(4) and 2005(d)(1);\n\n(B) Show that disclosure of the item would result in significant competitive damage;\n\n(C) Specify the period during which the item must be withheld to avoid that damage; and\n\n(D) Show that earlier disclosure would result in that damage.\n\n(d) Beginning with model year 2023, each manufacturer shall generate reports required by this part using the NHTSA CAFE Projections Reporting Template (Office of Management and Budget (OMB) Control No. 2127-0019, NHTSA Form 1474). The template is a fillable form.\n\n(1) Manufacturers must select the option to identify the report as a pre-model year report, mid-model year report, or supplementary report as appropriate.\n\n(2) Manufacturers must complete all required information for the manufacturer and for all vehicles produced for the current model year required to comply with corporate average fuel economy (CAFE) standards. The manufacturer must identify the manufacturer submitting the report, including the full name, title, and address of the official responsible for preparing the report and a point of contact to answer questions concerning the report.\n\n(3) Manufacturers must use the template to generate confidential and non-confidential reports for all the domestic and import passenger cars and light truck fleet produced by the manufacturer for the current model year. Manufacturers must submit a request for confidentiality in accordance with part 512 of this chapter to withhold projected production sales volume estimates from public disclosure. If the request is granted, NHTSA will withhold the projected production sales volume estimates from public disclose until all the vehicles produced by the manufacturer have been made available for sale (usually one year after the current model year).\n\n(4) Manufacturers must submit confidential reports and requests for confidentiality to NHTSA on CD-ROM in accordance with \u00a7 537.12. Email copies of non-confidential ( i.e., redacted) reports to NHTSA's secure email address: cafe@dot.gov . Requests for confidentiality must be submitted in a PDF or MS Word format. Submit 2 copies of the CD-ROM to: Administrator, National Highway Traffic Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, and submit emailed reports electronically to the following secure email address: cafe@dot.gov .\n\n(5) Manufacturers can withhold information on projected production sales volumes under 5 U.S.C. 552(b)(4) and 15 U.S.C. 2005(d)(1). In accordance, the manufacturer must:\n\n(i) Show that the item is within the scope of sections 552(b)(4) and 2005(d)(1);\n\n(ii) Show that disclosure of the item would result in significant competitive damage;\n\n(iii) Specify the period during which the item must be withheld to avoid that damage; and\n\n(iv) Show that earlier disclosure would result in that damage.\n\n(e) Each report required by this part must be based upon all information and data available to the manufacturer 30 days before the report is submitted to the Administrator."], ["49:49:6.1.2.3.18.0.1.6", 49, "Transportation", "V", "", "537", "PART 537\u2014AUTOMOTIVE FUEL ECONOMY REPORTS", "", "", "", "\u00a7 537.6 General content of reports.", "NHTSA", "", "", "", "(a) Pre-model year and mid-model year reports. Except as provided in paragraph (c) of this section, each pre-model year report and the mid-model year report for each model year must contain the information required by \u00a7 537.7(a).\n\n(b) Supplementary report. Except as provided in paragraph (c) of this section, each supplementary report for each model year must contain the information required by \u00a7 537.7(a)(1) and (2), as appropriate for the vehicle fleets produced by the manufacturer, in accordance with \u00a7 537.8(b)(1) through (4) as appropriate.\n\n(c) Exceptions. The pre-model year report, mid-model year report, and supplementary report(s) submitted by an incomplete automobile manufacturer for any model year are not required to contain the information specified in \u00a7 537.7(c)(4)(xv) through (xviii) and (c)(5). The information provided by the incomplete automobile manufacturer under \u00a7 537.7(c) shall be according to base level instead of model type or carline."], ["49:49:6.1.2.3.18.0.1.7", 49, "Transportation", "V", "", "537", "PART 537\u2014AUTOMOTIVE FUEL ECONOMY REPORTS", "", "", "", "\u00a7 537.7 Pre-model year and mid-model year reports.", "NHTSA", "", "", "[87 FR 26087, May 2, 2022, as amended at 89 FR 52954, June 24, 2024]", "(a) Report submission requirements. (1) Manufacturers must provide a report with the information required by paragraphs (b) and (c) of this section for each domestic and import passenger automobile fleet, as specified in part 531 of this chapter, for the current model year.\n\n(2) Manufacturers must provide a report with the information required by paragraphs (b) and (c) of this section for each light truck fleet, as specified in part 533 of this chapter, for the current model year.\n\n(3) For model year 2023 and later, for passenger cars specified in part 531 and light trucks specified in part 533 of this chapter, manufacturers must provide the information for pre-model and mid-model year reports in accordance with the NHTSA CAFE Projections Reporting Template (OMB Control No. 2127-0019, NHTSA Form 1474). The required reporting template can be downloaded from NHTSA's website.\n\n(i) Manufacturers are only required to provide the actual information on vehicles and technologies in production at the time the pre- and mid-model year reports are required. Otherwise, manufacturers must provide reasonable estimates or updated estimates where possible for pre-and mid-model year reports.\n\n(ii) Manufacturers should attempt not to omit data which should only be the done for products pending production and with unknown information at the time CAFE reports are prepared.\n\n(b) Projected average and required fuel economy. (1) Manufacturers must state the projected average fuel economy for the manufacturer's automobiles determined in accordance with \u00a7 537.9 and based upon the fuel economy values and projected sales figures provided under paragraph (c)(2) of this section.\n\n(2) Manufacturers must state the projected final average fuel economy that the manufacturer anticipates having if changes implemented during the model year will cause that average to be different from the average fuel economy projected under paragraph (b)(1) of this section.\n\n(3) Manufacturers must state the projected required fuel economy for the manufacturer's passenger automobiles and light trucks determined in accordance with \u00a7\u00a7 531.5(c) and 533.5 of this chapter and based upon the projected sales figures provided under paragraph (c)(2) of this section. For each unique model type and footprint combination of the manufacturer's automobiles, the manufacturer must provide the information specified in paragraphs (b)(3)(i) and (ii) of this section in tabular form. The manufacturer must list the model types in order of increasing average inertia weight from top to bottom down the left side of the table and list the information categories in the order specified in paragraphs (b)(3)(i) and (ii) of this section from left to right across the top of the table. Other formats, such as those accepted by the Environmental Protection Agency (EPA), which contain all the information in a readily identifiable format are also acceptable. For model year 2023 and later, for each unique model type and footprint combination of the manufacturer's automobiles, the manufacturer must provide the information specified in paragraphs (b)(3)(i) and (ii) of this section in accordance with the CAFE Projections Reporting Template (OMB Control No. 2127-0019, NHTSA Form 1474).\n\n(i) In the case of passenger automobiles, manufacturers must report the following:\n\n(A) Beginning model year 2013, base tire as defined in \u00a7 523.2 of this chapter;\n\n(B) Beginning model year 2013, front axle, rear axle, and average track width as defined in \u00a7 523.2 of this chapter;\n\n(C) Beginning model year 2013, wheelbase as defined in \u00a7 523.2 of this chapter;\n\n(D) Beginning model year 2013, footprint as defined in \u00a7 523.2 of this chapter; and\n\n(E) The fuel economy target value for each unique model type and footprint entry listed in accordance with the equation provided in part 531 of this chapter.\n\n(ii) In the case of light trucks, manufacturers must report the following:\n\n(A) Beginning model year 2013, base tire as defined in \u00a7 523.2 of this chapter;\n\n(B) Beginning model year 2013, front axle, rear axle, and average track width as defined in \u00a7 523.2 of this chapter;\n\n(C) Beginning model year 2013, wheelbase as defined in \u00a7 523.2 of this chapter;\n\n(D) Beginning model year 2013, footprint as defined in \u00a7 523.2 of this chapter; and\n\n(E) The fuel economy target value for each unique model type and footprint entry listed in accordance with the equation provided in part 533 of this chapter.\n\n(4) Manufacturers must state the projected final required fuel economy that the manufacturer anticipates having if changes implemented during the model year will cause the targets to be different from the target fuel economy projected under paragraph (b)(3) of this section.\n\n(5) Manufacturers must state whether the manufacturer believes that the projections it provides under paragraphs (b)(2) and (4) of this section, or if it does not provide an average or target under paragraphs (b)(2) and (4), the projections it provides under paragraphs (b)(1) and (3) of this section, sufficiently represent the manufacturer's average and target fuel economy for the current model year for purposes of the Act. In the case of a manufacturer that believes that the projections are not sufficiently representative for the purpose of determining the projected average fuel economy for the manufacturer's automobiles, the manufacturers must state the specific nature of any reason for the insufficiency and the specific additional testing or derivation of fuel economy values by analytical methods believed by the manufacturer necessary to eliminate the insufficiency and any plans of the manufacturer to undertake that testing or derivation voluntarily and submit the resulting data to the EPA under 40 CFR 600.509-12.\n\n(c) Model type and configuration fuel economy and technical information. (1) For each model type of the manufacturer's automobiles, the manufacturers must provide the information specified in paragraph (c)(2) of this section in tabular form. List the model types in order of increasing average inertia weight from top to bottom down the left side of the table and list the information categories in the order specified in paragraph (c)(2) of this section from left to right across the top of the table. For model year 2023 and later, CAFE reports required by this part, shall for each model type of the manufacturer's automobiles, provide the information in specified in paragraph (c)(2) of this section in accordance with the NHTSA CAFE Projections Reporting Template (OMB Control No. 2127-0019, NHTSA Form 1474) and list the model types in order of increasing average inertia weight from top to bottom.\n\n(2)(i) Combined fuel economy; and\n\n(ii) Projected sales for the current model year and total sales of all model types.\n\n(3) For pre-model year reports only through model year 2022, for each vehicle configuration whose fuel economy was used to calculate the fuel economy values for a model type under paragraph (c)(2) of this section, manufacturers must provide the information specified in paragraph (c)(4) of this section in accordance with the NHTSA CAFE Projections Reporting Template (OMB Control No. 2127-0019, NHTSA Form 1474).\n\n(4)(i) Loaded vehicle weight;\n\n(ii) Equivalent test weight;\n\n(iii) Engine displacement, liters;\n\n(iv) Society of Automotive Engineers (SAE) net rated power, kilowatts;\n\n(v) SAE net horsepower;\n\n(vi) Engine code;\n\n(vii) Fuel system (number of carburetor barrels or, if fuel injection is used, so indicate);\n\n(viii) Emission control system;\n\n(ix) Transmission class;\n\n(x) Number of forward speeds;\n\n(xi) Existence of overdrive (indicate yes or no);\n\n(xii) Total drive ratio (N/V);\n\n(xiii) Axle ratio;\n\n(xiv) Combined fuel economy;\n\n(xv) Projected sales for the current model year;\n\n(xvi)(A) In the case of passenger automobiles:\n\n( 1 ) Interior volume index, determined in accordance with subpart D of 40 CFR part 600; and\n\n( 2 ) Body style;\n\n(B) In the case of light trucks:\n\n( 1 ) Passenger-carrying volume; and\n\n( 2 ) Cargo-carrying volume;\n\n(xvii) Frontal area;\n\n(xviii) Road load power at 50 miles per hour, if determined by the manufacturer for purposes other than compliance with this part to differ from the road load setting prescribed in 40 CFR 86.177-11(d); and\n\n(xix) Optional equipment that the manufacturer is required under 40 CFR parts 86 and 600 to have actually installed on the vehicle configuration, or the weight of which must be included in the curb weight computation for the vehicle configuration, for fuel economy testing purposes.\n\n(5) For each model type of automobile which is classified as a non-passenger vehicle (light truck) under part 523 of this chapter, manufacturers must provide the following data:\n\n(i) For an automobile designed to perform at least one of the following functions in accordance with \u00a7 523.5(a) of this chapter, indicate (by \u201cyes\u201d or \u201cno\u201d for each function) whether the vehicle can:\n\n(A) Transport more than 10 persons (if yes, provide actual designated seating positions);\n\n(B) Provide temporary living quarters (if yes, provide applicable conveniences as defined in \u00a7 523.2 of this chapter);\n\n(C) Transport property on an open bed (if yes, provide bed size width and length);\n\n(D) Provide, as sold to the first retail purchaser, greater cargo-carrying than passenger-carrying volume, such as in a cargo van and quantify the value which should be the difference between the values provided in paragraphs (c)(4)(xvi)(B)(1) and (2) of this section; if a vehicle is sold with a second-row seat, its cargo-carrying volume is determined with that seat installed, regardless of whether the manufacturer has described that seat as optional; or\n\n(E) Permit expanded use of the automobile for cargo-carrying purposes or other non-passenger-carrying purposes through:\n\n( 1 ) For non-passenger automobiles manufactured prior to model year 2012, the removal of seats by means of uninstalling by the automobile's manufacturer or by uninstalling with simple tools, such as screwdrivers and wrenches, so as to create a flat, floor level, surface extending from the forward-most point of installation of those seats to the rear of the automobile's interior; or\n\n( 2 ) For non-passenger automobiles manufactured in model year 2008 and beyond, for vehicles equipped with at least 3 rows of designated seating positions as standard equipment, permit expanded use of the automobile for cargo-carrying purposes or other nonpassenger-carrying purposes through the removal or stowing of foldable or pivoting seats so as to create a flat, leveled cargo surface extending from the forward-most point of installation of those seats to the rear of the automobile's interior.\n\n(ii) For an automobile capable of off-highway operation, identify which of the features in paragraphs (c)(5)(ii)(A) through (C) of this section qualify the vehicle as off-road in accordance with \u00a7 523.5(b) of this chapter and quantify the values of each feature:\n\n(A) 4-wheel drive; or\n\n(B) A rating of more than 6,000 pounds gross vehicle weight; and\n\n(C) Has at least four of the following characteristics calculated when the automobile is at curb weight, on a level surface, with the front wheels parallel to the automobile's longitudinal centerline, and the tires inflated to the manufacturer's recommended pressure. The exact value of each feature should be quantified:\n\n( 1 ) Approach angle of not less than 28 degrees.\n\n( 2 ) Breakover angle of not less than 14 degrees.\n\n( 3 ) Departure angle of not less than 20 degrees.\n\n( 4 ) Running clearance of not less than 20 centimeters.\n\n( 5 ) Front and rear axle clearances of not less than 18 centimeters each.\n\n(6) Manufacturers must determine the fuel economy values provided under paragraphs (c)(2) and (4) of this section in accordance with \u00a7 537.9.\n\n(7) Manufacturers must identify any air-conditioning (AC), off-cycle and full-size pick-up truck technologies used each model year to calculate the average fuel economy specified in 40 CFR 600.510-12.\n\n(i) Provide a list of each air conditioning (AC) efficiency improvement technology utilized in your fleet(s) of vehicles for each model year for which the manufacturer qualifies for fuel consumption improvement values under 49 CFR 531.6 or 533.6. For each technology identify vehicles by make and model types that have the technology, which compliance category those vehicles belong to and the number of vehicles for each model equipped with the technology. For each compliance category (domestic passenger car, import passenger car, and light truck), report the AC fuel consumption improvement value in gallons/mile in accordance with the equation specified in 40 CFI00.510-12(c)(3)(i).\n\n(ii) Manufacturers must provide a list of off-cycle efficiency improvement technologies utilized in its fleet(s) of vehicles for each model year that is pending or approved by the Environmental Protection Agency (EPA) for which the manufacturer qualifies for fuel consumption improvement values under 49 CFR 531.6 or 533.6. For each technology, manufacturers must identify vehicles by make and model types that have the technology, which compliance category those vehicles belong to, the number of vehicles for each model equipped with the technology, and the associated off-cycle credits (grams/mile) available for each technology. For each compliance category (domestic passenger car, import passenger car, and light truck), manufacturers must calculate the fleet off-cycle fuel consumption improvement value in gallons/mile in accordance with the equation specified in 40 CFR 600.510-12(c)(3)(ii).\n\n(iii) For model years up to 2024, manufacturers must provide a list of full-size pickup trucks in its fleet that meet the mild and strong hybrid vehicle definitions. For each mild and strong hybrid type, manufacturers must identify vehicles by make and model types that have the technology, the number of vehicles produced for each model equipped with the technology, the total number of full-size pickup trucks produced with and without the technology, the calculated percentage of hybrid vehicles relative to the total number of vehicles produced, and the associated full-size pickup truck credits (grams/mile) available for each technology. For the light truck compliance category, manufacturers must calculate the fleet pickup truck fuel consumption improvement value in gallons/mile in accordance with the equation specified in 40 CFR 600.510-12(c)(3)(iii)."], ["49:49:6.1.2.3.18.0.1.8", 49, "Transportation", "V", "", "537", "PART 537\u2014AUTOMOTIVE FUEL ECONOMY REPORTS", "", "", "", "\u00a7 537.8 Supplementary reports.", "NHTSA", "", "", "", "(a)(1) Except as provided in paragraph (d) of this section, each manufacturer whose most recently submitted mid-model year report contained an average fuel economy projection under \u00a7 537.7(b)(2) or, if no average fuel economy was projected under that section, under \u00a7 537.7(b)(1), that was not less than the applicable average fuel economy standard in this chapter and who now projects an average fuel economy which is less than the applicable standard in this chapter shall file a supplementary report containing the information specified in paragraph (b)(1) of this section.\n\n(2) Except as provided in paragraph (d) of this section, each manufacturer that determines that its average fuel economy for the current model year as projected under \u00a7 537.7(b)(2) or, if no average fuel economy was projected under \u00a7 537.7(b)(2), as projected under \u00a7 537.7(b)(1), is less representative than the manufacturer previously reported it to be under \u00a7 537.7(b)(3), this section, or both, shall file a supplementary report containing the information specified in paragraph (b)(2) of this section.\n\n(3) For model years through 2022, each manufacturer whose mid-model year report omits any of the information specified in \u00a7 537.7(b) or (c) shall file a supplementary report containing the information specified in paragraph (b)(3) of this section.\n\n(4) Starting model year 2023, each manufacturer whose mid-model year report omits any of the information shall resubmit the information with other information required in accordance with the NHTSA CAFE Projections Reporting Template (OMB Control No. 2127-0019, NHTSA Form 1474).\n\n(b)(1) The supplementary report required by paragraph (a)(1) of this section must contain:\n\n(i) Such revisions of and additions to the information previously submitted by the manufacturer under this part regarding the automobiles whose projected average fuel economy has decreased as specified in paragraph (a)(1) of this section as are necessary\u2014\n\n(A) To reflect the change and its cause; and\n\n(B) To indicate a new projected average fuel economy based upon these additional measures.\n\n(ii) An explanation of the cause of the decrease in average fuel economy that led to the manufacturer's having to submit the supplementary report required by paragraph (a)(1) of this section.\n\n(2) The supplementary report required by paragraph (a)(2) of this section must contain:\n\n(i) A statement of the specific nature of and reason for the insufficiency in the representativeness of the projected average fuel economy;\n\n(ii) A statement of specific additional testing or derivation of fuel economy values by analytical methods believed by the manufacturer necessary to eliminate the insufficiency; and\n\n(iii) A description of any plans of the manufacturer to undertake that testing or derivation voluntarily and submit the resulting data to the Environmental Protection Agency under 40 CFR 600.509-12.\n\n(3) The supplementary report required by paragraph (a)(3) of this section must contain:\n\n(i) All of the information omitted from the mid-model year report under \u00a7 537.6(c)(2); and\n\n(ii) Such revisions of and additions to the information submitted by the manufacturer in its mid-model year report regarding the automobiles produced during the current model year as are necessary to reflect the information provided under paragraph (b)(3)(i) of this section.\n\n(4) The supplementary report required by paragraph (a)(4) of this section must contain:\n\n(i) All information omitted from the mid-model year reports under \u00a7 537.6(c)(2); and\n\n(ii) Such revisions of and additions to the information submitted by the manufacturer in its pre-model or mid-model year reports regarding the automobiles produced during the current model year as are necessary to reflect the information provided under paragraph (b)(4)(i) of this section.\n\n(c)(1) Each report required by paragraph (a)(1), (2), (3), or (4) of this section must be submitted in accordance with \u00a7 537.5(c) not more than 45 days after the date on which the manufacturer determined, or could have determined with reasonable diligence, that the report was required.\n\n(2) [Reserved]\n\n(d) A supplementary report is not required to be submitted by the manufacturer under paragraph (a)(1) or (2) of this section:\n\n(1) With respect to information submitted under this part before the most recent mid-model year report submitted by the manufacturer under this part; or\n\n(2) When the date specified in paragraph (c) of this section occurs after the day by which the pre-model year report for the model year immediately following the current model year must be submitted by the manufacturer under this part.\n\n(e) For model years 2008, 2009, and 2010, each manufacturer of light trucks, as that term is defined in \u00a7 523.5 of this chapter, shall submit a report, not later than 45 days following the end of the model year, indicating whether the manufacturer is opting to comply with \u00a7 533.5(f) or (g) of this chapter."], ["49:49:6.1.2.3.18.0.1.9", 49, "Transportation", "V", "", "537", "PART 537\u2014AUTOMOTIVE FUEL ECONOMY REPORTS", "", "", "", "\u00a7 537.9 Determination of fuel economy values and average fuel economy.", "NHTSA", "", "", "", "(a) Vehicle subconfiguration fuel economy values. (1) For each vehicle subconfiguration for which a fuel economy value is required under paragraph (c) of this section and has been determined and approved under 40 CFR part 600, the manufacturer shall submit that fuel economy value.\n\n(2) For each vehicle subconfiguration specified in paragraph (a)(1) of this section for which a fuel economy value approved under 40 CFR part 600, does not exist, but for which a fuel economy value determined under 40 CFR part 600 exists, the manufacturer shall submit that fuel economy value.\n\n(3) For each vehicle subconfiguration specified in paragraph (a)(1) of this section for which a fuel economy value has been neither determined nor approved under 40 CFR part 600, the manufacturer shall submit a fuel economy value based on tests or analyses comparable to those prescribed or permitted under 40 CFR part 600 and a description of the test procedures or analytical methods used.\n\n(4) For each vehicle configuration for which a fuel economy value is required under paragraph (c) of this section and has been determined and approved under 40 CFR part 600, the manufacturer shall submit that fuel economy value.\n\n(b) Base level and model type fuel economy values. For each base level and model type, the manufacturer shall submit a fuel economy value based on the values submitted under paragraph (a) of this section and calculated in the same manner as base level and model type fuel economy values are calculated for use under subpart F of 40 CFR part 600.\n\n(c) Average fuel economy. Average fuel economy must be based upon fuel economy values calculated under paragraph (b) of this section for each model type and must be calculated in accordance with subpart F of 40 CFR part 600, except that fuel economy values for running changes and for new base levels are required only for those changes made or base levels added before the average fuel economy is required to be submitted under this part."], ["49:49:6.1.2.3.19.0.1.1", 49, "Transportation", "V", "", "538", "PART 538\u2014MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES", "", "", "", "\u00a7 538.1 Scope.", "NHTSA", "", "", "[75 FR 25728, May 7, 2010]", "This part establishes minimum driving range criteria to aid in identifying passenger automobiles that are dual-fueled automobiles. It also establishes gallon equivalent measurements for gaseous fuels other than natural gas."], ["49:49:6.1.2.3.19.0.1.2", 49, "Transportation", "V", "", "538", "PART 538\u2014MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES", "", "", "", "\u00a7 538.2 Purpose.", "NHTSA", "", "", "[75 FR 25728, May 7, 2010]", "The purpose of this part is to specify one of the criteria in 49 U.S.C. chapter 329 \u201cAutomobile Fuel Economy\u201d for identifying dual-fueled passenger automobiles that are manufactured in model years 1993 through 2019. The fuel economy of a qualifying vehicle is calculated in a special manner so as to encourage its production as a way of facilitating a manufacturer's compliance with the Corporate Average Fuel Economy standards set forth in part 531 of this chapter. The purpose is also to establish gallon equivalent measurements for gaseous fuels other than natural gas."], ["49:49:6.1.2.3.19.0.1.3", 49, "Transportation", "V", "", "538", "PART 538\u2014MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES", "", "", "", "\u00a7 538.3 Applicability.", "NHTSA", "", "", "", "This part applies to manufacturers of automobiles."], ["49:49:6.1.2.3.19.0.1.4", 49, "Transportation", "V", "", "538", "PART 538\u2014MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES", "", "", "", "\u00a7 538.4 Definitions.", "NHTSA", "", "", "", "(a) Statutory terms. (1) The terms alternative fuel, alternative fueled automobile, and dual fueled automobile, are used as defined in 49 U.S.C. 32901(a).\n\n(2) The terms automobile and passenger automobile, are used as defined in 49 U.S.C. 32901(a), and in accordance with the determinations in part 523 of this chapter.\n\n(3) The term manufacturer is used as defined in 49 U.S.C. 32901(a)(13), and in accordance with part 529 of this chapter.\n\n(4) The term model year is used as defined in 49 U.S.C. 32901(a)(15).\n\n(b)(1) Other terms. The terms average fuel economy, fuel economy, and model type are used as defined in subpart A of 40 CFR part 600.\n\n(2) The term EPA means the U.S. Environmental Protection Agency."], ["49:49:6.1.2.3.19.0.1.5", 49, "Transportation", "V", "", "538", "PART 538\u2014MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES", "", "", "", "\u00a7 538.5 Minimum driving range.", "NHTSA", "", "", "[81 FR 74274, Oct. 25, 2016]", "(a) The minimum driving range that a passenger automobile must have in order to be treated as a dual fueled automobile pursuant to 49 U.S.C. 32901(c) is 200 miles when operating on its nominal useable fuel tank capacity of the alternative fuel, except when the alternative fuel is electricity or compressed natural gas. Beginning model year 2016, a natural gas passenger automobile must have a minimum driving range of 150 miles when operating on its nominal useable fuel tank capacity of the alternative fuel to be treated as a dual fueled automobile, pursuant to 49 U.S.C. 32901(c)(2).\n\n(b) The minimum driving range that a passenger automobile using electricity as an alternative fuel must have in order to be treated as a dual fueled automobile pursuant to 49 U.S.C. 32901(c) is 7.5 miles on its nominal storage capacity of electricity when operated on the EPA urban test cycle and 10.2 miles on its nominal storage capacity of electricity when operated on the EPA highway test cycle."], ["49:49:6.1.2.3.19.0.1.6", 49, "Transportation", "V", "", "538", "PART 538\u2014MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES", "", "", "", "\u00a7 538.6 Measurement of driving range.", "NHTSA", "", "", "[63 FR 66069, Dec. 1, 1998]", "The driving range of a passenger automobile model type not using electricity as an alternative fuel is determined by multiplying the combined EPA urban/highway fuel economy rating when operating on the alternative fuel, by the nominal usable fuel tank capacity (in gallons), of the fuel tank containing the alternative fuel. The combined EPA urban/highway fuel economy rating is the value determined by the procedures established by the Administrator of the EPA under 49 U.S.C. 32904 and set forth in 40 CFR part 600. The driving range of a passenger automobile model type using electricity as an alternative fuel is determined by operating the vehicle in the electric-only mode of operation through the EPA urban cycle on its nominal storage capacity of electricity and the EPA highway cycle on its nominal storage capacity of electricity. Passenger automobile types using electricity as an alternative fuel that have completed the EPA urban cycle after recharging and the EPA highway cycle after recharging shall be deemed to have met the minimum range requirement."], ["49:49:6.1.2.3.19.0.1.7", 49, "Transportation", "V", "", "538", "PART 538\u2014MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES", "", "", "", "\u00a7 538.7 Petitions for reduction of minimum driving range.", "NHTSA", "", "", "[63 FR 66069, Dec. 1, 1998, as amended at 75 FR 25728, May 7, 2010]", "(a) A manufacturer of a model type of passenger automobile capable of operating on both electricity and either gasoline or diesel fuel may petition for a reduced minimum driving range for that model type in accordance with paragraphs (b) and (c) of this section.\n\n(b) Each petition shall:\n\n(1) Be addressed to: Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590.\n\n(2) Be submitted not later than the beginning of the first model year in which the petitioner seeks to have the model type treated as an electric dual fueled automobile.\n\n(3) Be written in the English language.\n\n(4) State the full name, address, and title of the official responsible for preparing the petition, and the name and address of the petitioner.\n\n(5) Set forth in full data, views, and arguments of the petitioner, including the information and data specified in paragraph (c) of this section, and the calculations and analyses used to develop that information and data. No documents may be incorporated by reference in a petition unless the documents are submitted with the petition.\n\n(6) Specify and segregate any part of the information and data submitted under this section that the petitioner wishes to have withheld from public disclosure in accordance with part 512 of this chapter.\n\n(c) Each petitioner shall include the following information in its petition:\n\n(1) Identification of the model type or types for which a lower driving range is sought under this section.\n\n(2) For each model type identified in accordance with paragraph (c)(1) of this section:\n\n(i) The driving range sought for that model type.\n\n(ii) The number of years for which that driving range is sought.\n\n(iii) A description of the model type, including car line designation, engine displacement and type, electric storage capacity, transmission type, and average fuel economy when operating on:\n\n(A) Electricity; and\n\n(B) Gasoline or diesel fuel.\n\n(iv) An explanation of why the petitioner cannot modify the model type so as to meet the generally applicable minimum range, including the steps taken by the petitioner to improve the minimum range of the vehicle, as well as additional steps that are technologically feasible, but have not been taken. The costs to the petitioner of taking these additional steps shall be included.\n\n(3) A discussion of why granting the petition would be consistent with the following factors:\n\n(i) The purposes of 49 U.S.C. chapter 329, including encouraging the development and widespread use of electricity as a transportation fuel by consumers, and the production of passenger automobiles capable of being operated on both electricity and gasoline/diesel fuel;\n\n(ii) Consumer acceptability;\n\n(iii) Economic practicability;\n\n(iv) Technology;\n\n(v) Environmental impact;\n\n(vi) Safety;\n\n(vii) Driveability; and\n\n(viii) Performance.\n\n(d) If a petition is found not to contain the information required by this section, the petitioner is informed about the areas of insufficiency and advised that the petition will not receive further consideration until the required information is received.\n\n(e) The Administrator may request the petitioner to provide information in addition to that required by this section.\n\n(f) The Administrator publishes in the Federal Register a notice of receipt for each petition containing the information required by this section. Any interested person may submit written comments regarding the petition.\n\n(g) In reaching a determination on a petition submitted under this section, the Administrator takes into account:\n\n(1) The purposes of 49 U.S.C. chapter 329, including encouraging the development and widespread use of alternative fuels as transportation fuels by consumers, and the production of alternative fuel powered motor vehicles;\n\n(2) Consumer acceptability;\n\n(3) Economic practicability;\n\n(4) Technology;\n\n(5) Environmental impact;\n\n(6) Safety;\n\n(7) Driveability; and\n\n(8) Performance.\n\n(h) If the Administrator grants the petition, the petitioner is notified in writing, specifying the reduced minimum driving range, and specifying the model years for which the reduced driving range applies. The Administrator also publishes a notice of the grant of the petition in the Federal Register and the reasons for the grant.\n\n(i) If the Administrator denies the petition, the petitioner is notified in writing. The Administrator also publishes a notice of the denial of the petition in the Federal Register and the reasons for the denial."], ["49:49:6.1.2.3.19.0.1.8", 49, "Transportation", "V", "", "538", "PART 538\u2014MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES", "", "", "", "\u00a7 538.8 Gallon Equivalents for Gaseous Fuels.", "NHTSA", "", "", "", "The gallon equivalent of gaseous fuels, for purposes of calculations made under 49 U.S.C. 32905, are listed in Table I:\n\nTable I\u2014Gallon Equivalent Measurements for Gaseous Fuels per 100 Standard Cubic Feet\n\n* Per gallon unit of measure."], ["49:49:6.1.2.3.19.0.1.9", 49, "Transportation", "V", "", "538", "PART 538\u2014MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES", "", "", "", "\u00a7 538.9 Dual fuel vehicle incentive.", "NHTSA", "", "", "[69 FR 7703, Feb. 19, 2004]", "The application of 49 U.S.C. 32905(b) and (d) to qualifying dual fuel vehicles is extended to the 2005, 2006, 2007, and 2008 model years."], ["49:49:6.1.2.3.2.0.1.1", 49, "Transportation", "V", "", "501", "PART 501\u2014ORGANIZATION AND DELEGATION OF POWERS AND DUTIES", "", "", "", "\u00a7 501.1 Purpose.", "NHTSA", "", "", "", "This part describes the organization of the National Highway Traffic Safety Administration (NHTSA), an operating administration within the U.S. Department of Transportation, and provides for the performance of duties imposed on, and the exercise of powers vested in, the Administrator of NHTSA."], ["49:49:6.1.2.3.2.0.1.2", 49, "Transportation", "V", "", "501", "PART 501\u2014ORGANIZATION AND DELEGATION OF POWERS AND DUTIES", "", "", "", "\u00a7 501.2 General.", "NHTSA", "", "", "", "The responsibilities and authorities delegated to NHTSA and the Administrator are set forth in \u00a7\u00a7 1.81, 1.94, and 1.95 of this title."], ["49:49:6.1.2.3.2.0.1.3", 49, "Transportation", "V", "", "501", "PART 501\u2014ORGANIZATION AND DELEGATION OF POWERS AND DUTIES", "", "", "", "\u00a7 501.3 Organization and general responsibilities.", "NHTSA", "", "", "", "NHTSA consists of a headquarters organization located in Washington, DC, a unified field organization consisting of ten geographic regions with a Regional Office located in each region, the Vehicle Research and Test Center located in East Liberty, Ohio, and the Uniform Tire Quality Grading Test Facility located in San Angelo, Texas. The organization of, and general spheres of responsibility within, NHTSA are as follows:\n\n(a) Office of the Administrator \u2014(1) Administrator. (i) Represents the Department and is the principal advisor to the Secretary in all matters related to 49 U.S.C. chapters 301, 303, 321, 323, 325, 327, 329 and 331; 23 U.S.C. chapter 4, except section 409; 23 U.S.C. 153, 154, 158, 161, 163, 164 and 313 (with respect to matters within the primary responsibility of NHTSA); and such other responsibilities and authorities as are delegated by the Secretary of Transportation (49 CFR 1.94 and 1.95);\n\n(ii) Establishes NHTSA program policies, objectives, and priorities and directs the development of action plans to accomplish the NHTSA mission;\n\n(iii) Directs, controls, and evaluates the organization, program activities, performance of NHTSA staff, program and field offices;\n\n(iv) Approves broad legislative, budgetary, fiscal and program proposals and plans; and\n\n(v) Takes management actions of major significance, such as those relating to changes in basic organizational structure, appointment of key personnel, allocation of resources, and matters of special political or public interest or sensitivity.\n\n(2) Deputy Administrator. Assists the Administrator in discharging responsibilities. Directs and coordinates the Administration's management and operational programs, and related policies and procedures at headquarters and in the field.\n\n(3) Executive Director. As the principal advisor to the Administrator and Deputy Administrator, provides direction on internal management and mission support programs. Provides executive direction over the Associate Administrators, Chief Financial Officer, and Chief Information Officer.\n\n(4) Director, Office of Civil Rights. As the principal advisor to the Administrator and Deputy Administrator on all matters pertaining to civil rights, serves as Director of Equal Employment Opportunity and of Title VI Compliance (Civil Rights Act of 1964, as amended, and related regulations). Assures agency compliance with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and other nondiscrimination statutes, regulations, Executive Orders, and policies. Periodically reviews and evaluates the civil rights programs of State Department of Motor Vehicles and Highway Safety Offices to ensure that recipients of NHTSA financial assistance meet applicable Federal civil rights requirements. Monitors the implementation of and compliance with civil rights requirements, investigates complaints of discrimination, conducts compliance reviews, provides technical assistance to recipients of NHTSA financial assistance and stakeholders, and provides assistance to the Office of the Secretary in investigating and adjudicating formal complaints of discrimination.\n\n(5) Director, Office of Governmental Affairs, Policy & Strategic Planning. As the principal advisor to the Administrator and Deputy Administrator on all intergovernmental matters, including communications with Congress, communicates agency policy and serves as coordinator on legislative affairs. Also, serves as coordinator of agency policy discussions and activities and communicates with other operating administrations and the Office of Secretary on strategic planning efforts.\n\n(6) Director of Communications. As the principal advisor to the Administrator and Deputy Administrator on external communications and information dissemination, serves as coordinator on public affairs.\n\n(b) Chief Counsel. As chief legal officer for the Administrator and the Administration, provides general legal services and legal services related to legislative activities; prepares litigation and issues subpoenas; and effects rulemaking actions.\n\n(c) Associate Administrators, Chief Financial Officer, and Chief Information Officer \u2014(1) Associate Administrator for Administration. Administers and conducts NHTSA's personnel management activities; initiates and oversees a comprehensive program of administrative support services to meet agency requirements, including development, maintenance, and operation of NHTSA's manuals, notices, and orders, property management, and the purchase, delivery, and administration of a range of supplies, equipment, and other support services; is responsible for administrative operational expenses and working capital fund operations; serves as the agency's technical expert for all administrative activities; and administers an executive correspondence program and maintains policy files for the Administrator and Deputy Administrator.\n\n(2) Associate Administrator for Communications and Consumer Information. Represents NHTSA to the general public and others; provides reliable, timely, and accurate traffic safety information to the general public, consumers, partner organizations, and citizens groups through media and public education efforts; and provides scheduling and speechwriting support for the Administrator.\n\n(3) Associate Administrator for Enforcement. Directs matters related to the enforcement of motor vehicle safety, fuel economy, theft prevention, damageability, consumer information, and odometer laws and regulations; conducts testing, inspection, and investigation necessary for the identification and correction of safety-related defects in motor vehicles and motor vehicle equipment; and ensures recalls of noncomplying and defective vehicles and motor vehicle equipment are effective and are conducted in accordance with Federal law and regulations.\n\n(4) Associate Administrator for National Center for Statistics and Analysis. Provides the data, analysis, and evaluation to support determination of the nature, causes, and injury outcomes of motor vehicle traffic crashes, the strategies and interventions that will reduce crashes and their consequences, and the potential impact, costs, and benefits of highway safety programs and regulatory activities; targets the collection and analysis of data and the dissemination of information to identify potential highway safety problems, evaluate expected program and regulatory impact and actual goal achievement, and support data driven decisions; and identifies, advances, and promotes new methodologies, technologies, systems, and procedures that improve the completeness, accuracy, timeliness, and accessibility of data collection, analysis, and evaluation.\n\n(5) Associate Administrator for Regional Operations and Program Delivery. Directs the management of State and community highway safety programs; administers and coordinates all Regional activities, including activities having a headquarters-regional interface; develops, reviews, implements, and coordinates related programs, policies, and procedures; and coordinates with the Federal Highway Administration, the Federal Motor Carrier Safety Administration, and other Federal agencies on traffic safety programs, as appropriate.\n\n(6) Associate Administrator for Research and Program Development. Administers traffic safety programs and provides national leadership and technical assistance to States, local communities, national organizations, and other partners in the identification, research, planning, development, demonstration, implementation, evaluation, and dissemination of highway safety programs designed to prevent or reduce traffic-related crashes and the resulting deaths, injuries, property damage, and associated costs. Coordinates with the Federal Highway Administration, the Federal Motor Carrier Safety Administration, and other Federal agencies on traffic safety programs, as appropriate.\n\n(7) Associate Administrator for Rulemaking. Develops and promulgates Federal standards dealing with motor vehicle safety, theft prevention, consumer information, the National Driver Register, and fuel economy, and directs programs relating to bumper standards, safety performance standards, and other regulations for new and used motor vehicles and equipment, including tires. Develops and conducts the New Car Assessment Program.\n\n(8) Associate Administrator for Vehicle Safety Research. Develops and conducts research, development, test, and evaluation programs and projects necessary to support consumer information programs, guidelines, industry voluntary standards, and Federal motor vehicle regulations; manages the facilities and programs related to these activities; and conducts crash data analyses in defining safety problems.\n\n(9) Chief Financial Officer. Administers the agency planning and budget activities in coordination with the Department of Transportation, the Office of Management and Budget, and Congress; assures the appropriate development of budget requests and the subsequent execution of operating budgets within the agency to meet all programmatic requirements; conducts all necessary accounting transactions to assure full and accurate accountability for all financial resources of the agency; initiates and oversees a comprehensive program of acquisition support for agency buying and supplier requirements, including acquisition planning, purchasing, payments, and administration; facilitates, coordinates, tracks, and monitors all external audits, reviews, and other oversight activities of agency programs, finances, transactions, or activities\u2014working closely with responsible program and operational officials; facilitates and oversees the agency travel program, including the administration and operation of the travel management system, the travel card program, and the provision of travel management advice and guidance; and serves as the agency's technical expert for all financial management activities.\n\n(10) Chief Information Officer. Administers all NHTSA Information Technology functions and needs to ensure that IT resources are effectively acquired and managed to maximize mission performance and return on IT investments."], ["49:49:6.1.2.3.2.0.1.4", 49, "Transportation", "V", "", "501", "PART 501\u2014ORGANIZATION AND DELEGATION OF POWERS AND DUTIES", "", "", "", "\u00a7 501.4 Succession to Administrator.", "NHTSA", "", "", "", "(a) The Deputy Administrator is the \u201cfirst assistant\u201d to the Administrator for purposes of the Federal Vacancies Reform Act of 1998 (5 U.S.C. 3345-3349d) and shall, in the event the Administrator dies, resigns, or is otherwise unable to perform the functions and duties of the office, serve as the Acting Administrator, subject to the limitations established by law.\n\n(b) In the event both the Administrator and the Deputy Administrator die, resign, and/or are otherwise unable to perform the functions and duties of their respective offices, or in the event that both positions are vacant, the following officials, subject to paragraph (c) and in the order indicated, shall serve as Acting Deputy Administrator and shall perform the functions and duties of the Administrator, except for any non-delegable statutory and/or regulatory functions and duties:\n\n(1) The Chief Counsel;\n\n(2) The Executive Director;\n\n(3) Further officials as may be designated in an internal order on succession.\n\n(c) In order to qualify for the line of succession, officials must be encumbered in their position on a permanent basis."], ["49:49:6.1.2.3.2.0.1.5", 49, "Transportation", "V", "", "501", "PART 501\u2014ORGANIZATION AND DELEGATION OF POWERS AND DUTIES", "", "", "", "\u00a7 501.5 Exercise of authority.", "NHTSA", "", "", "", "(a) All authorities lawfully vested in and reserved to the Administrator in this title, part, or other NHTSA regulation or directive may be exercised by the Deputy Administrator and, in the absence or disability of both officials, by the Chief Counsel, unless specifically prohibited by statute, regulation, or order.\n\n(b) In exercising the powers and performing the duties delegated by this part, officers of NHTSA and their delegates are governed by applicable laws, executive orders, regulations, and other directives, and by policies, objectives, plans, standards, procedures, and limitations as may be issued from time to time by or on behalf of the Secretary of Transportation, the Administrator, the Deputy Administrator, the Chief Counsel, and the Executive Director or, with respect to matters under their jurisdiction, by or on behalf of the Associate Administrators, the Regional Administrators, and the Directors of Staff Offices.\n\n(c) Each officer to whom authority is delegated by this part may redelegate and authorize successive redelegations of that authority subject to any conditions the officer prescribes.\n\n(d) Each officer to whom authority is delegated will administer and perform the functions described in the officer's respective functional statements."], ["49:49:6.1.2.3.2.0.1.6", 49, "Transportation", "V", "", "501", "PART 501\u2014ORGANIZATION AND DELEGATION OF POWERS AND DUTIES", "", "", "", "\u00a7 501.6 Secretary's reservations of authority.", "NHTSA", "", "", "", "The authorities reserved to the Secretary of Transportation are set forth in \u00a7 1.21 of this title."], ["49:49:6.1.2.3.2.0.1.7", 49, "Transportation", "V", "", "501", "PART 501\u2014ORGANIZATION AND DELEGATION OF POWERS AND DUTIES", "", "", "", "\u00a7 501.7 Administrator's reservations of authority.", "NHTSA", "", "", "", "The delegations of authority in this part do not extend to the following authority, which is reserved to the Administrator, except when exercised pursuant to \u00a7\u00a7 501.4 and 501.5(a):\n\n(a) The authority under 23 U.S.C. chapter 4 (except section 403) and any uncodified provision of law to apportion authorization amounts and distribute obligation limitations or award grants to States for highway safety programs or other highway safety purposes;\n\n(b) The authority to issue, amend, or revoke uniform State highway safety guidelines and rules identifying highly effective highway safety programs under 23 U.S.C. 402;\n\n(c) The authority to fix the rate of compensation for non-government members of agency sponsored committees which are entitled to compensation.\n\n(d) The authority under 49 U.S.C. chapter 301 to:\n\n(1) Issue, amend, or revoke final Federal motor vehicle safety standards and regulations;\n\n(2) Make final decisions concerning alleged safety-related defects and noncompliances with Federal motor vehicle safety standards;\n\n(3) Grant or renew temporary exemptions from Federal motor vehicle safety standards; and\n\n(4) Grant or deny appeals from determinations upon a manufacturer's petition for decision of inconsequential defect or noncompliance and exemption from the notification and remedy requirements of 49 U.S.C. chapter 301 in connection with a defect or noncompliance.\n\n(e) The authority under 49 U.S.C. chapters 303, 321, 323, 325, and 329 (except section 32916(b)) to:\n\n(1) Issue, amend, or revoke final rules and regulations; and\n\n(2) Assess civil penalties and approve manufacturer fuel economy credit plans under chapter 329.\n\n(f) The authority to carry out, in coordination with the Federal Motor Carrier Safety Administrator, the authority vested in the Secretary by 49 U.S.C. chapter 311 subchapter III, to promulgate safety standards for commercial motor vehicles and equipment subsequent to initial manufacture when the standards are based upon and similar to a Federal Motor Vehicle Safety Standard promulgated, either simultaneously or previously, under 49 U.S.C. chapter 301."], ["49:49:6.1.2.3.2.0.1.8", 49, "Transportation", "V", "", "501", "PART 501\u2014ORGANIZATION AND DELEGATION OF POWERS AND DUTIES", "", "", "", "\u00a7 501.8 Delegations.", "NHTSA", "", "", "", "(a) Deputy Administrator. The Deputy Administrator is delegated authority to act for the Administrator, except where specifically limited by law, order, regulation, or instructions of the Administrator. The Deputy Administrator is delegated authority to assist the Administrator in providing executive direction to all organizational elements of NHTSA.\n\n(b) Executive Director. The Executive Director is delegated line authority for executive direction over the Associate Administrators, the Chief Financial Officer, and the Chief Information Officer.\n\n(c) Director, Office of Civil Rights. The Director, Office of Civil Rights is delegated authority to:\n\n(1) Serve as the Director of Equal Employment Opportunity.\n\n(2) Serve as the compliance coordinator for:\n\n(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ), as amended, and related regulations;\n\n(ii) Section 504 of the Rehabilitation Act of 1973;\n\n(iii) The Americans with Disabilities Act (ADA); and\n\n(iv) Other nondiscrimination statutes, regulations, Executive Orders, and policies.\n\n(3) Investigate complaints of civil rights discrimination, conduct compliance reviews, and provide technical assistance to recipients of NHTSA financial assistance and stakeholders.\n\n(4) Review and evaluate the civil rights programs of State Department of Motor Vehicles and Highway Safety Offices to ensure that recipients of NHTSA financial assistance meet applicable Federal civil rights requirements.\n\n(d) Chief Counsel. The Chief Counsel is delegated authority to:\n\n(1) Exercise the powers and perform the duties of the Administrator with respect to:\n\n(i) Issuing odometer regulations authorized under 49 U.S.C. chapter 327.\n\n(ii) Providing technical assistance and granting extensions of time to the states under 49 U.S.C. 32705.\n\n(iii) Granting or denying petitions for approval of alternate motor vehicle mileage disclosure requirements under 49 U.S.C. 32705.\n\n(2) Establish the legal sufficiency of all investigations and enforcement actions conducted under the authority of 49 U.S.C. chapters 301, 303, 321, 323, 325, 327, 329 and 331; to make an initial penalty demand based on a violations of any of these chapters; and to compromise:\n\n(i) Any civil penalty imposed under 49 U.S.C. 30165 in an amount of $1,000,000 or less.\n\n(ii) Any civil penalty or monetary settlement other than those imposed under 49 U.S.C. 30165 in an amount of $100,000 or less.\n\n(3) Exercise the powers of the Administrator under 49 U.S.C. 30166(c), (g), (h), (i), and (k).\n\n(4) Issue subpoenas, after notice to the Administrator, for the attendance of witnesses and production of documents pursuant to 49 U.S.C. chapters 301, 321, 323, 325, 327, 329 and 331.\n\n(5) Issue authoritative interpretations of the statutes administered by NHTSA and the regulations issued by the agency.\n\n(6) Administer 5 U.S.C. 552 (FOIA) and 49 CFR part 7 (Public Availability of Information) in connection with the records of NHTSA.\n\n(7) Administer the Privacy Act of 1974, 5 U.S.C. 552a, and 49 CFR part 10 (Maintenance of and Access to Records Pertaining to Individuals) in connection with the records of NHTSA.\n\n(8) Carry out the functions and exercise the authority vested in the Secretary for 23 U.S.C. 313 (Buy America), with respect to matters within the primary responsibility of NHTSA.\n\n(e) Associate Administrator for Administration. The Associate Administrator for Administration is delegated authority to administer and conduct NHTSA's personnel management activities; conduct administrative and management services in support of NHTSA missions and programs; and administer an executive correspondence program.\n\n(f) Associate Administrator for Communications and Consumer Information. The Associate Administrator for Communications and Consumer Information is delegated authority to manage and coordinate market research, planning coordination, development, and promotion of public education campaigns for both paid media and unpaid public services to support program efforts; develop overall agency messaging and communications strategies in support of program initiatives; and develop agency policies on messaging and communications procedures and processes.\n\n(g) Associate Administrator for Enforcement. The Associate Administrator for Enforcement is delegated authority to administer the NHTSA enforcement program for all laws, standards, and regulations pertinent to vehicle safety, fuel economy, theft prevention, damageability, consumer information, and odometers, authorized under 49 U.S.C. chapters 301, 323, 325, 327, 329, and 331; conduct testing, inspection, and investigation necessary for the identification and correction of safety-related defects in motor vehicles and motor vehicle equipment and noncompliances with Federal motor vehicle safety standards; make initial decisions concerning alleged safety-related defects and noncompliances with Federal motor vehicle safety standards; grant or deny a manufacturer's petition for decision of inconsequential defect or noncompliance and exemption from the notification and remedy requirements of 49 U.S.C. chapter 301 in connection with a defect or noncompliance; issue regulations relating to the importation of motor vehicles under 49 U.S.C. 30141-30147; and grant and deny petitions for import eligibility determinations submitted to NHTSA by motor vehicle manufacturers and registered importers under 49 U.S.C. 30141.\n\n(h) Associate Administrator for National Center for Statistics and Analysis. The Associate Administrator for National Center for Statistics and Analysis is delegated authority to provide the data, analysis, and evaluation and create and maintain information systems necessary to support the purposes of 49 U.S.C. chapters 301, 303, 323, 325, 327, 329, and 331, 23 U.S.C. chapter 4, any uncodified provisions of law related to such issues, and any cross-cutting safety initiatives; to develop, maintain, and operate the National Driver Register and a nationwide clearinghouse of problem drivers; and to support State integrated highway and traffic records safety information systems.\n\n(i) Associate Administrator for Regional Operations and Program Delivery. The Associate Administrator for Regional Operations and Program Delivery is delegated authority, except for authority reserved to the Administrator, to exercise the powers and perform the duties of the Administrator with respect to grants to States for highway safety programs or other State programs under 23 U.S.C. chapter 4 (except section 403) and uncodified provisions of law, including approval and disapproval of State highway safety plans and vouchers, in accordance with the procedural requirements of the Administration. The Associate Administrator for Regional Operations and Program Delivery is also delegated authority over programs with respect to the authority vested by section 210(2) of the Clean Air Act, as amended (42 U.S.C. 7544(2)); the authority vested by 49 U.S.C. 20134(a) with respect to laws administered by NHTSA pertaining to highway, traffic, and motor vehicle safety, in coordination with the Associate Administrator for Research and Program Development; the authority vested by 23 U.S.C. 153, 154, 158, 161, 163, and 164, in coordination with the Federal Highway Administrator as appropriate; and the authority vested by 23 U.S.C. 404, in coordination with the Associate Administrator for Communications and Consumer Information.\n\n(j) Associate Administrator for Research and Program Development. The Associate Administrator for Research and Program Development is delegated authority to develop and conduct research and development programs and projects necessary to support the purposes of 23 U.S.C. chapter 4, any uncodified provisions of law related to that chapter, and cross-cutting safety initiatives; conduct research and development activities described or specifically enumerated in 23 U.S.C. 403; carry out the functions and exercise the authority vested in the Secretary and Administrator under section 10202 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Public Law 109-59 [42 U.S.C. 300d-4], as amended by section 31108 of the Moving Ahead for Progress in the 21st Century Act, Public Law 112-141, relating to emergency medical services, except for authority reserved to the Secretary under \u00a7 1.21 or the Administrator under \u00a7 501.7; and exercise the authority vested by 49 U.S.C. 20134(a) with respect to laws administered by NHTSA pertaining to highway, traffic, and motor vehicle safety, in coordination with the Associate Administrator for Regional Operations and Program Delivery.\n\n(k) Associate Administrator for Rulemaking. The Associate Administrator for Rulemaking is delegated authority, except for authority reserved to the Administrator or delegated to the Chief Counsel, to exercise the powers and perform the duties of the Administrator with respect to the setting of motor vehicle safety and theft prevention standards, fuel economy standards, procedural regulations, the National Driver Register, and the development of consumer information and odometer regulations authorized under 49 U.S.C. chapters 301, 303, 321, 323, 325, 327, 329, and 331, and any uncodified provisions of law related to such issues. The Associate Administrator for rulemaking is also delegated authority to perform activities that support the development of these regulations and standards; extend comment periods (both self-initiated and in response to a petition or request for extension of time) for noncontroversial rulemakings; make technical amendments or corrections to a final rule; extend the effective date of a noncontroversial final rule; and develop and conduct the New Car Assessment Program.\n\n(l) Associate Administrator for Vehicle Safety Research. The Associate Administrator for Vehicle Safety Research is delegated authority to develop and conduct research, development, test, and evaluation programs and projects necessary to support the purposes of 49 U.S.C. chapters 301, 323, 325, 327, 329, and 331, any uncodified provisions of law related to such issues, and any cross-cutting safety initiatives.\n\n(m) Chief Financial Officer. The Chief Financial Officer is delegated authority to direct the NHTSA planning and evaluation system in conjunction with Departmental requirements and planning goals; coordinate the development of the Administrator's plans, budgets, and programs, and analyses of their expected impact; exercise procurement authority with respect to NHTSA requirements; administer NHTSA financial management programs, including systems of funds control and accounts of all financial transactions; and enter into inter- and intra-departmental reimbursable agreements other than with the head of another Department or agency, provided that this authority to enter into such agreements may be redelegated only to Office Directors and Contracting Officers.\n\n(n) Chief Information Officer. The Chief Information Officer is delegated authority to formulate IT policy, guidance, procedures, security, and best practices; implement an IT capital planning program, an integrated Enterprise Architecture program, and a mission information protection program that ensures privacy, security, and critical infrastructure protection for NHTSA systems and data; and provide for other NHTSA IT functions to support the agency's mission, performance goals, and objectives."], ["49:49:6.1.2.3.20.0.1.1", 49, "Transportation", "V", "", "541", "PART 541\u2014FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD", "", "", "", "\u00a7 541.1 Scope.", "NHTSA", "", "", "", "This standard specifies performance requirements for identifying numbers or symbols to be placed on major parts of certain passenger motor vehicles."], ["49:49:6.1.2.3.20.0.1.2", 49, "Transportation", "V", "", "541", "PART 541\u2014FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD", "", "", "", "\u00a7 541.2 Purpose.", "NHTSA", "", "", "", "The purpose of this standard is to reduce the incidence of motor vehicle thefts by facilitating the tracing and recovery of parts from stolen vehicles."], ["49:49:6.1.2.3.20.0.1.3", 49, "Transportation", "V", "", "541", "PART 541\u2014FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD", "", "", "", "\u00a7 541.3 Application.", "NHTSA", "", "", "[70 FR 28851, May 19, 2005]", "(a) Except as provided in paragraph (b) and (c) of this section, this standard applies to the following:\n\n(1) Passenger motor vehicle parts identified in \u00a7 541.5(a) that are present in:\n\n(i) Passenger cars; and\n\n(ii) Multipurpose passenger vehicles with a gross vehicle weight rating of 6,000 pounds or less; and\n\n(iii) Light-duty trucks with a gross vehicle weight rating of 6,000 pounds or less, that NHTSA has determined to be high theft in accordance with 49 CFR 542.1; and\n\n(iv) Light duty trucks with a gross vehicle weight rating of 6,000 pounds or less, that NHTSA has determined to be subject to the requirements of this section in accordance with 49 CFR 542.2.\n\n(2) Replacement passenger motor vehicle parts identified in \u00a7 541.5(a) for vehicles listed in paragraphs (1)(i) to (iv) of this section.\n\n(b) Exclusions. This standard does not apply to the following:\n\n(1) Passenger motor vehicle parts identified in \u00a7 541.5(a) that are present in vehicles manufactured by a motor vehicle manufacturer that manufactures fewer than 5,000 vehicles for sale in the United States each year.\n\n(2) Passenger motor vehicle parts identified in \u00a7 541.5(a) that are present in a line with an annual production of not more than 3,500 vehicles.\n\n(3) Passenger motor vehicle parts identified in \u00a7 541.5(a) that are present in light-duty trucks with a gross vehicle weight rating of 6,000 pounds or less, that NHTSA has determined to be subject to the requirements of this section in accordance with 49 CFR 542.2, if the vehicle line with which these light-duty trucks share majority of major interchangeable parts is exempt from parts marking requirements pursuant to part 543.\n\n(c) For vehicles listed in subparagraphs (1)(i) to (iv) of this section that are (1) not subject to the requirements of this standard until September 1, 2006, and (2) manufactured between September 1, 2006 and August 31, 2007; a manufacturer needs to meet the requirements of this part only for lines representing at least 50% of a manufacturer's total production of these vehicles."], ["49:49:6.1.2.3.20.0.1.4", 49, "Transportation", "V", "", "541", "PART 541\u2014FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD", "", "", "", "\u00a7 541.4 Definitions.", "NHTSA", "", "", "[59 FR 64168, Dec. 13, 1994, as amended at 61 FR 29033, June 7, 1996]", "(a) Statutory terms. All terms defined in 49 U.S.C. chapter 331 are used in accordance with their statutory meanings unless otherwise defined in paragraph (b) of this section.\n\n(b) Other definitions. (1) Interior surface means, with respect to a vehicle part, a surface that is not directly exposed to sun and precipitation.\n\n(2) Light-duty truck (LDT) means a motor vehicle, with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment, that is rated at 6,000 pounds gross vehicle weight or less.\n\n(3) Line means a name which a manufacturer applies to a group of motor vehicles of the same make which have the same body or chassis, or otherwise are similar in construction or design. A \u201cline\u201d may, for example, include 2-door, 4-door, station wagon, and hatchback vehicles of the same make.\n\n(4) 1990/91 median theft rate means 3.5826 thefts per thousand vehicles produced.\n\n(5) Multipurpose passenger vehicle (MPV) means a passenger motor vehicle which is constructed either on a truck chassis or with special features for occasional off-road operation and which is rated at 6,000 pounds gross vehicle weight or less.\n\n(6) Passenger car is used as defined in \u00a7 571.3 of this chapter.\n\n(7) VIN means the vehicle identification number required by part 565 of this chapter."], ["49:49:6.1.2.3.20.0.1.5", 49, "Transportation", "V", "", "541", "PART 541\u2014FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD", "", "", "", "\u00a7 541.5 Requirements for passenger motor vehicles.", "NHTSA", "", "", "[59 FR 64168, Dec. 13, 1994, as amended at 69 FR 17967, Apr. 6, 2004; 76 FR 24403, May 2, 2011]", "(a) Each passenger motor vehicle subject to this standard must have an identifying number affixed or inscribed on each of the parts specified in paragraphs (a)(1) through (a)(18) inclusive, if the part is present on the passenger motor vehicle. In the case of passenger motor vehicles not originally manufactured to comply with applicable U.S. vehicle safety and bumper standards, each such motor vehicle subject to this standard must have an identifying number inscribed in a manner which conforms to paragraph (d)(2) of this section, on each of the parts specified in paragraphs (a)(1) through (a)(18), inclusive, if the part is present on the motor vehicle.\n\n(1) Engine.\n\n(2) Transmission.\n\n(3) Right front fender.\n\n(4) Left front fender.\n\n(5) Hood.\n\n(6) Right front door.\n\n(7) Left front door.\n\n(8) Right rear door.\n\n(9) Left rear door.\n\n(10) Sliding or cargo door(s).\n\n(11) Front bumper.\n\n(12) Rear bumper.\n\n(13) Right rear quarter panel (passenger cars).\n\n(14) Left rear quarter panel (passenger cars).\n\n(15) Right-side assembly (MPVs).\n\n(16) Left-side assembly (MPVs).\n\n(17) Pickup box, and/or cargo box (LDTs).\n\n(18) Rear door(s) (both doors in case of double doors), decklid, tailgate, or hatchback (whichever is present).\n\n(b)(1) Except as provided in paragraphs (b)(2) and (b)(3) of this section, the number required to be inscribed or affixed by paragraph (a) shall be the VIN of the passenger motor vehicle.\n\n(2) In place of the VIN, manufacturers who were marking engines and/or transmissions with a VIN derivative consisting of at least the last eight characters of the VIN on October 24, 1984, may continue to mark engines and/or transmissions with such VIN derivative.\n\n(3) In the case of passenger motor vehicles not originally manufactured to comply with U.S. vehicle safety and bumper standards, the number required to be inscribed by paragraph (a) of this section shall be the original vehicle identification number assigned to the motor vehicle by its original manufacturer in the country where the motor vehicle was originally produced or assembled.\n\n(c) The characteristics of the number required to be affixed or inscribed by paragraph (a) of this section shall satisfy the size and style requirements set forth for vehicle certification labels in \u00a7 567.4(g) of this chapter.\n\n(d) The number required by paragraph (a) of this section must be affixed by means that comply with paragraph (d)(1) of this section or inscribed by means that comply with paragraph (d)(2) of this section.\n\n(1) Labels. (i) The number must be printed indelibly on a label, and the label must be permanently affixed to the passenger motor vehicle's part.\n\n(ii) The number must be placed on each part specified in paragraph (a) of this section in a location such that the number is, if practicable, on an interior surface of the part as installed on the vehicle and in a location where it:\n\n(A) Will not be damaged by the use of any tools necessary to install, adjust, or remove the part and any adjoining parts, or any portions thereof;\n\n(B) Is on a portion of the part not likely to be damaged in a collision; and\n\n(C) Will not be damaged or obscured during normal dealer preparation operations (including rustproofing and undercoating).\n\n(iii) The number must be placed on each part specified in paragraph (a) of this section in a location that is visible without further disassembly once the part has been removed from the vehicle.\n\n(iv) The number must be placed entirely within the target area specified by the original manufacturer for that part, pursuant to paragraph (e) of this section, on each part specified in paragraph (a) of this section.\n\n(v) Removal of the label must\u2014\n\n(A) Cause the label to self-destruct by tearing or rendering the number on the label illegible, and\n\n(B) Discernibly alter the appearance of that area of the part where the label was affixed by leaving residual parts of the label or adhesive in that area, so that investigators will have evidence that a label was originally present.\n\n(vi) Alteration of the number on the label must leave traces of the original number or otherwise visibly alter the appearance of the label material.\n\n(vii) The label and the number shall be resistant to counterfeiting.\n\n(viii) The logo or some other unique identifier of the vehicle manufacturer must be placed in the material of the label in a manner such that alteration or removal of the logo visibly alters the appearance of the label.\n\n(2) Other means of identification. (i) Removal or alteration of any portion of the number must visibly alter the appearance of the section of the vehicle part on which the identification is marked.\n\n(ii) The number must be placed on each part specified in paragraph (a) of this section in a location that is visible without further disassembly once the part has been removed from the vehicle.\n\n(iii) The number must be placed entirely within the target area specified by the original manufacturer for that part, pursuant to paragraph (e) of this section, on each part specified in paragraph (a) of this section.\n\n(e) Target areas. (1) Each manufacturer that is the original producer who installs or assembles the covered major parts on a line shall designate a target area for the identifying numbers to be marked on each part specified in paragraph (a) of this section for each of its lines subject to this standard. The target area shall not exceed 50 percent of the surface area on the surface of the part on which the target area is located.\n\n(2) Each manufacturer subject to paragraph (e)(1) of this section shall, not later than 30 days before the line is introduced into commerce, inform NHTSA in writing of the target areas designated for each line subject to this standard. In those instances where a manufacturer has submitted this target area information to NHTSA with a request for confidential treatment pursuant to 49 CFR part 512, the manufacturer must also submit a complete copy of the target area information within seven (7) days after the information becomes public, or the new line is released for sale to the public, whichever comes first. The information must be submitted to: Docket Management, Room W12-140, West Building, Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC 20590 by any of the following methods. In all cases, the docket number for the submission, (Docket No. NHTSA-2009-0069) must be cited.\n\n(i) Electronic submission to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting information.\n\n(ii) By U.S. Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room W12-140, Washington, D.C. 20590.\n\n(iii) Hand delivery or by courier: 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Telephone: 1-800-647-5527.\n\n(iv) By Fax transmission: (202) 493-2251.\n\n(3) The target areas designated by the original vehicle manufacturer for a part on a line shall be maintained for the duration of the production of such line, unless a restyling of the part makes it no longer practicable to mark the part within the original target area. If there is such a restyling, the original vehicle manufacturer shall inform NHTSA of that fact and the new target area, in accordance with the requirements of paragraph (e)(2) of this section."], ["49:49:6.1.2.3.20.0.1.6", 49, "Transportation", "V", "", "541", "PART 541\u2014FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD", "", "", "", "\u00a7 541.6 Requirements for replacement parts.", "NHTSA", "", "", "[50 FR 43190, Oct. 24, 1985, as amended at 76 FR 24403, May 2, 2011]", "(a) Each replacement part for a part specified in \u00a7 541.5(a) must have the registered trademark of the manufacturer of the replacement part, or some other unique identifier if the manufacturer does not have a registered trademark, and the letter \u201cR\u201d affixed or inscribed on such replacement part by means that comply with \u00a7 541.5(d), except as provided in paragraph (d) of this section. In the case of replacement parts subject to the marking requirements of this section, which were not originally manufactured for sale in the United States, the importer of the part shall inscribe its registered trademark, or some other unique identifier if the importer does not have a registered trademark, and the letter \u201cR\u201d on the part by means that comply with \u00a7 541.5(d)(2), except as provided in paragraph (d) of this section.\n\n(b) A replacement part subject to paragraph (a) of this section shall not be marked pursuant to \u00a7 541.5.\n\n(c) The trademark and the letter \u201cR\u201d required by paragraph (a) of this section must be at least one centimeter high.\n\n(d) The trademark and the letter \u201cR\u201d required by paragraph (a) of this section must be placed entirely within the target area specified by the vehicle manufacturer, pursuant to paragraph (e) of this section.\n\n(e) Target areas. (1) Each manufacturer that is the original producer or assembler of the vehicle for which the replacement part is designed shall designate a target area for the identifying symbols to be marked on each replacement part subject to the requirements of paragraph (a) of this section. Such target areas shall not exceed 25 percent of the surface area of the surface on which the replacement part marking will appear.\n\n(2) The boundaries of the target area designated under paragraph (e)(1) of this section shall be at least 10 centimeters at all points from the nearest boundaries of the target area designated for that part under \u00a7 541.5(e) of this part.\n\n(3) Each manufacturer subject to paragraph (e)(1) of this section shall inform NHTSA in writing of the target areas designated for each replacement part subject to paragraph (a) of this section, at the same time as it informs the agency of the target area designated for the original equipment parts of the line, pursuant to \u00a7 541.5(e)(2) of this part. In those instances where a manufacturer has submitted this target area information to NHTSA with a request for confidential treatment under 49 CFR part 512, the manufacturer shall also submit a complete copy of the target area information within seven (7) days after the information has become public or the new line has been released for sale to the public, whichever comes first. The information should be submitted to: Docket Management, Room W12-140, Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC 20590 by any of the following methods. In all cases, the docket number for the submission, (Docket No. NHTSA-2009-0069) must be cited.\n\n(i) Electronic submission to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting information.\n\n(ii) By U.S. Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590.\n\n(iii) Hand delivery or by courier: 1200 New Jersey Avenue, S.E., West Building, Ground Floor, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Telephone: 1-800-647-5527.\n\n(iv) By Fax transmission: (202) 493-2251.\n\n(4) The target area designated by the original vehicle manufacturer for the parts subject to the requirements of paragraph (a) of this section shall be maintained for the duration of the production of such replacement part, unless a restyling of the part makes it no longer practicable to mark the part within the original target area. If there is such a restyling, the original vehicle manufacturer shall inform NHTSA of that fact and the new target area, in accordance with the requirements of paragraph (e)(3) of this section.\n\n(f) Each replacement part must bear the symbol \u201cDOT\u201d in letters at least one centimeter high within 5 centimeters of the trademark and of the letter \u201cR\u201d, and entirely within the target area specified under paragraph (d) of this section. The symbol \u201cDOT\u201d constitutes the manufacturer's certification that the replacement part conforms to the applicable theft prevention standard, and shall be inscribed or affixed by means that comply with paragraph (a) of this section. In the case of replacement parts subject to the requirements of paragraph (a) of this section, which were not originally manufactured for sale in the United States, the importer shall inscribe the \u201cDOT\u201d symbol before the part is imported into the United States."], ["49:49:6.1.2.3.21.0.1.1", 49, "Transportation", "V", "", "542", "PART 542\u2014PROCEDURES FOR SELECTING LIGHT DUTY TRUCK LINES TO BE COVERED BY THE THEFT PREVENTION STANDARD", "", "", "", "\u00a7 542.1 Procedures for selecting new light duty truck lines that are likely to have high or low theft rates.", "NHTSA", "", "", "[69 FR 17967, Apr. 6, 2004; 69 FR 34613, June 22, 2004]", "(a) Scope. This section sets forth the procedures for motor vehicle manufacturers and NHTSA to follow in the determination of whether any new light duty truck line is likely to have a theft rate above or below the 1990/91 median theft rate.\n\n(b) Application. These procedures apply to each manufacturer that plans to introduce a new light duty truck line into commerce in the United States on or after September 1, 2006, and to each of those new lines.\n\n(c) Procedures. (1) Each manufacturer shall use the criteria in appendix C of part 541 of this chapter to evaluate each new light duty truck line and to conclude whether the new line is likely to have a theft rate above or below the 1990/91 median theft rate.\n\n(2) For each new light duty truck line, the manufacturer shall submit its evaluations and conclusions made under paragraph (c) of this section, together with the underlying factual information, to NHTSA not less than 15 months before the date of introduction. The manufacturer may request a meeting with the agency during this period to further explain the bases for its evaluations and conclusions.\n\n(3) Within 90 days after its receipt of the manufacturer's submission under paragraph (c)(2) of this section, the agency independently evaluates the new light duty truck line using the criteria in appendix C of part 541 of this chapter and, on a preliminary basis, determines whether the new line should or should not be subject to \u00a7 541.2 of this chapter. NHTSA informs the manufacturer by letter of the agency's evaluations and determinations, together with the factual information considered by the agency in making them.\n\n(4) The manufacturer may request the agency to reconsider any of its preliminary determinations made under paragraph (c)(3) of this section. The manufacturer shall submit its request to the agency within 30 days of its receipt of the letter under paragraph (c)(3) of this section. The request shall include the facts and arguments underlying the manufacturer's objections to the agency's preliminary determinations. During this 30-day period, the manufacturer may also request a meeting with the agency to discuss those objections.\n\n(5) Each of the agency's preliminary determinations under paragraph (c)(3) of this section shall become final 45 days after the agency sends the letter specified in paragraph (c)(3) of this section unless a request for reconsideration has been received in accordance with paragraph (c)(4) of this section. If such a request has been received, the agency makes its final determinations within 60 days of its receipt of the request. NHTSA informs the manufacturer by letter of those determinations and its response to the request for reconsideration."], ["49:49:6.1.2.3.21.0.1.2", 49, "Transportation", "V", "", "542", "PART 542\u2014PROCEDURES FOR SELECTING LIGHT DUTY TRUCK LINES TO BE COVERED BY THE THEFT PREVENTION STANDARD", "", "", "", "\u00a7 542.2 Procedures for selecting low theft light duty truck lines with a majority of major parts interchangeable with those of a passenger motor vehicle line.", "NHTSA", "", "", "[69 FR 17968, Apr. 6, 2004]", "(a) Scope. This section sets forth the procedures for motor vehicle manufacturers and NHTSA to follow in the determination of whether any light duty truck lines that have or are likely to have a low theft rate have major parts interchangeable with a majority of the covered major parts of a passenger motor vehicle line.\n\n(b) Application. These procedures apply to:\n\n(1) Each manufacturer that produces\u2014\n\n(i) At least one passenger motor vehicle line identified in 49 CFR 541.3(a)(1) and (2) that has been or will be introduced into commerce in the United States, and\n\n(ii) At least one light duty truck line that has been or will be introduced into commerce in the United States and that the manufacturer identifies as likely to have a theft rate below the median theft rate; and\n\n(2) Each of those likely sub-median theft rate light duty truck lines.\n\n(c) Procedures. (1) For each light duty truck line that a manufacturer identifies under appendix C of part 541 of this chapter as having or likely to have a theft rate below the median rate, the manufacturer identifies how many and which of the major parts of that line will be interchangeable with the covered major parts of any of its passenger motor vehicle lines.\n\n(2) If the manufacturer concludes that a light duty truck line that has or is likely to have a theft rate below the median theft rate has major parts that are interchangeable with a majority of the covered major parts of a passenger motor vehicle line, the manufacturer determines whether all the vehicles of those lines with sub-median or likely sub-median theft rates will account for more than 90 percent of the total annual production of all of the manufacturer's lines with those interchangeable parts.\n\n(3) The manufacturer submits its evaluations and conclusions made under paragraphs (c)(1) and (2) of this section, together with the underlying factual information, to NHTSA not less than 15 months before the date of introduction. During this period, the manufacturer may request a meeting with the agency to further explain the bases for its evaluations and conclusions.\n\n(4) Within 90 days after its receipt of the manufacturer's submission under paragraph (c)(3) of this section, NHTSA considers that submission, if any, and independently makes, on a preliminary basis, the determinations of those light duty truck lines with sub-median or likely sub-median theft rates which should or should not be subject to \u00a7 541.5 of this chapter. NHTSA informs the manufacturer by letter of the agency's preliminary determinations, together with the factual information considered by the agency in making them.\n\n(5) The manufacturer may request the agency to reconsider any of its preliminary determinations made under paragraph (c)(4) of this section. The manufacturer must submit its request to the agency within 30 days of its receipt of the letter under paragraph (c)(4) of this section informing it of the agency's evaluations and preliminary determinations. The request must include the facts and arguments underlying the manufacturer's objections to the agency's preliminary determinations. During this 30-day period, the manufacturer may also request a meeting with the agency to discuss those objections.\n\n(6) Each of the agency's preliminary determinations made under paragraph (c)(4) of this section becomes final 45 days after the agency sends the letter specified in that paragraph unless a request for reconsideration has been received in accordance with paragraph (c)(5) of this section. If such a request has been received, the agency makes its final determinations within 60 days of its receipt of the request. NHTSA informs the manufacturer by letter of those determinations and its response to the request for reconsideration."]], "truncated": false, "filtered_table_rows_count": 1032, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"agency\" = :p0 and \"title_number\" = :p1 order by section_id limit 101", "params": {"p0": "NHTSA", "p1": "49"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, 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