cfr_sections
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1,032 rows where agency = "NHTSA" sorted by section_id
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| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:6.1.2.3.10.0.1.1 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 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—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 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 §§ 525.6 and 525.7. | |||||||
| 49:49:6.1.2.3.10.0.1.11 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 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 § 525.5 for an exemption in that model year. (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. (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—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 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). (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 § 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—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 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—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 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—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 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. (2) The terms average fuel economy, fuel economy, and model type are used as defined in 40 CFR 600.002-77. (3) The term automobile means a vehicle determined by the Administrator under 49 CFR part 523 to be an automobile. (4) The term passenger automobile means an automobile determined by the Administrator under 49 CFR part 523 to be a passenger automobile. (5) The term customs territory of the United States is used as defined in 19 U.S.C. 1202. (b) Other terms. (1) The term base level and vehicle configuration are used as defined in 40 CFR 600.002-77. (2) The term vehicle curb weight is used as defined in 40 CFR 85.002. (3) The term interior volume index is used as defined in 40 CFR 600.315-77. (4) The term frontal area is used as defined in 40 CFR 86.129-79. (5) The term basic engine is used as defined in 40 CFR 600.002-77(a)(21). (6) The term designated seating position is defined in 49 CFR 571.3. (7) As used in this part, unless otherwise required by the context: 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); Administrator means the Administrator of the National Highway Traffic Safety Administration; Affected model year means a model year for which an exemption and alternative average fuel economy standard are requested under this part; Production 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 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). | ||||||
| 49:49:6.1.2.3.10.0.1.5 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 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—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 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— (a) Identify the model year or years for which exemption is requested; (b) Be submitted not later than 24 months before the beginning of the affected model year, unless good cause for later submission is shown; (c) Be submitted in three copies to: Administrator, National Highway Traffic Safety Administration, Washington, DC 20590; (d) Be written in the English language; (e) State the full name, address, and title of the official responsible for preparing the petition, and the name and address of the manufacturer; (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 § 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; (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—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 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. (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. (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. (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— (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; (2) Its passenger automobile production capacity for that affected model year; (3) Its efforts to comply with that average fuel economy standard; and (4) Anticipated consumer demand in the United States for passenger automobiles during that affected model year. (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; (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); (2) Vehicle curb weight; (3) Number of designated seating positions and interior volume index; (4) Basic engine, di… | ||||||
| 49:49:6.1.2.3.10.0.1.8 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 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. (b) The Administrator may request the petitioner to provide information in addition to that required by this part. (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. (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. (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—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 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—PETITIONS AND PLANS FOR RELIEF UNDER THE AUTOMOBILE FUEL EFFICIENCY ACT OF 1980 | § 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. (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. (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—PETITIONS AND PLANS FOR RELIEF UNDER THE AUTOMOBILE FUEL EFFICIENCY ACT OF 1980 | § 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: (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: (1) A description of the model type, including car line designation, engine displacement and type, transmission type, and average fuel economy; (2) U.S. sales projected for the model type; (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 (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. (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. (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—PETITIONS AND PLANS FOR RELIEF UNDER THE AUTOMOBILE FUEL EFFICIENCY ACT OF 1980 | § 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: (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: (1) A description of the model type, including engine type and displacement, transmission class, car line designation, and fuel economy; (2) The projected U.S. sales of the model type; (3) The average total manufacturing cost per vehicle for the model type; (4) The percentage of the cost to the manufacturer attributable to value added in the United States or Canada for the model type: (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—PETITIONS AND PLANS FOR RELIEF UNDER THE AUTOMOBILE FUEL EFFICIENCY ACT OF 1980 | § 526.4 [Reserved] | NHTSA | ||||||||
| 49:49:6.1.2.3.11.0.1.5 | 49 | Transportation | V | 526 | PART 526—PETITIONS AND PLANS FOR RELIEF UNDER THE AUTOMOBILE FUEL EFFICIENCY ACT OF 1980 | § 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: (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. (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. (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. (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—MANUFACTURERS OF MULTISTAGE AUTOMOBILES | § 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—MANUFACTURERS OF MULTISTAGE AUTOMOBILES | § 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—MANUFACTURERS OF MULTISTAGE AUTOMOBILES | § 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. (2) The terms manufacture, manufacturer, and fuel economy are used as defined in section 501 of the Act. (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). (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. (3) Curb weight is defined the same as vehicle curb weight in 40 CFR part 86. (4) Final-stage manufacturer means a person who performs such manufacturing operations on an incomplete automobile that it becomes a completed automobile. (5) Frontal area is used as defined in 40 CFR 86.079-2. (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. (7) Incomplete automobile manufacturer means a person who manufactures an incomplete automobile by assembling components none of which, taken separately, constitute a complete automobile. (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—MANUFACTURERS OF MULTISTAGE AUTOMOBILES | § 529.4 Requirements for incomplete automobile manufacturers. | NHTSA | (a) Except as provided in paragraph (c) of this section, §§ 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. (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— (i) Name and mailing address of the incomplete automobile manufacturer. (ii) Month and year during which the incomplete automobile manufacturer performed its last manufacturing operation on the incomplete automobile. (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. (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. (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. (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. (vii) Whether the fuel economy values have been computed with the road load horsepower set to take into account the presence of air conditioning. (2) A fuel economy label conforming with 40 CFR part 600. (c)(1) The inc… | |||||||
| 49:49:6.1.2.3.12.0.1.5 | 49 | Transportation | V | 529 | PART 529—MANUFACTURERS OF MULTISTAGE AUTOMOBILES | § 529.5 Requirements for intermediate manufacturers. | NHTSA | (a) Except as provided in paragraph (d) of this section and in § 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 § 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. (b) Each intermediate manufacturer of an incomplete automobile shall furnish, in the manner specified in § 529.4(c), to the subsequent manufacturer of that automobile the document required by § 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. (c) Each intermediate manufacturer that is required by paragraph (b) of this section to furnish an addendum to a document required by § 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. (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 § 529.4(c)(1) or a… | |||||||
| 49:49:6.1.2.3.12.0.1.6 | 49 | Transportation | V | 529 | PART 529—MANUFACTURERS OF MULTISTAGE AUTOMOBILES | § 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 § 529.4(b) and furnished it by the incomplete automobile manufacturer under § 529.4(c)(1) or by the last intermediate manufacturer under § 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. (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. (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. (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 § 529.4(c)(2) or by the last intermediate manufacturer under § 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. (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 bee… | |||||||
| 49:49:6.1.2.3.13.0.1.1 | 49 | Transportation | V | 531 | PART 531—PASSENGER AUTOMOBILE AVERAGE FUEL ECONOMY STANDARDS | § 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—PASSENGER AUTOMOBILE AVERAGE FUEL ECONOMY STANDARDS | § 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—PASSENGER AUTOMOBILE AVERAGE FUEL ECONOMY STANDARDS | § 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—PASSENGER AUTOMOBILE AVERAGE FUEL ECONOMY STANDARDS | § 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. (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. (b) Other terms. As used in this part, unless otherwise required by the context— (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. (2) [Reserved] | ||||||
| 49:49:6.1.2.3.13.0.1.5 | 49 | Transportation | V | 531 | PART 531—PASSENGER AUTOMOBILE AVERAGE FUEL ECONOMY STANDARDS | § 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: Table 1 to Paragraph ( a ) (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). Where: N is the total number (sum) of passenger automobiles produced by a manufacturer; N i is the number (sum) of the ith passenger automobile model produced by the manufacturer; and 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: Where: N is the total number (sum) of passenger automobiles produced by a manufacturer; N i is the number (sum) of the ith passenger automobile model produced by the manufacturer; and 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: Where: Parameters a, b, c, and d are defined in table 2 to this paragraph (b); e = 2.718; and x = footprint (in square feet, rounded to the nearest tenth) of the vehicle model. Where: Parameters a, b, c, and d are defined in table 2 to this paragraph (b); e = 2.718; and x = footprint (in square feet, rounded to the nearest tenth) of the vehicle model. Table 2 to paragraph ( b )— Parameters for the Passenger Automobile Fuel Economy Targets (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 thi… | ||||||
| 49:49:6.1.2.3.13.0.1.6 | 49 | Transportation | V | 531 | PART 531—PASSENGER AUTOMOBILE AVERAGE FUEL ECONOMY STANDARDS | § 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. (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 § 537.7 of this chapter by the required deadlines. (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). (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). (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… | ||||||
| 49:49:6.1.2.3.14.0.1.1 | 49 | Transportation | V | 533 | PART 533—LIGHT TRUCK FUEL ECONOMY STANDARDS | § 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—LIGHT TRUCK FUEL ECONOMY STANDARDS | § 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—LIGHT TRUCK FUEL ECONOMY STANDARDS | § 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—LIGHT TRUCK FUEL ECONOMY STANDARDS | § 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. (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. (b) Other terms. As used in this part, unless otherwise required by the context— (1) Light truck is used in accordance with the determinations in part 523 of this chapter. (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. (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. (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. (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—LIGHT TRUCK FUEL ECONOMY STANDARDS | § 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: Table 1 to § 533.5( a ) Table 2 to § 533.5( a ) Table 3 to § 533.5( a ) Table 4 to § 533.5( a ) Where: N is the total number (sum) of light trucks produced by a manufacturer; N i is the number (sum) of the ith light truck model type produced by a manufacturer; and 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: Where: N is the total number (sum) of light trucks produced by a manufacturer; N i is the number (sum) of the ith light truck model type produced by a manufacturer; and 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: Where: Parameters a, b, c, and d are defined in Table 5 to this paragraph (a); e = 2.718; and x = footprint (in square feet, rounded to the nearest tenth) of the model type. Where: Parameters a, b, c, and d are defined in Table 5 to this paragraph (a); e = 2.718; and x = footprint (in square feet, rounded to the nearest tenth) of the model type. Table 5 to § 533.5( a )—Parameters for the Light Truck Fuel Economy Targets for MYs 2008-2011 Where: CAFE required is the fleet average fuel economy standard for a given light truck fleet; 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; 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 TARGET i is the fuel economy target in miles per gallon (mpg) applicable to the footprint of light trucks w… | ||||||
| 49:49:6.1.2.3.14.0.1.6 | 49 | Transportation | V | 533 | PART 533—LIGHT TRUCK FUEL ECONOMY STANDARDS | § 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— (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; (2) To include only light trucks which qualify as non-passenger vehicles in accordance with § 523.5 of this chapter based upon the production measurements of the vehicles as sold to dealerships; and (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. (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. (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 § 537.7 of this chapter by the required deadlines. (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… | ||||||
| 49:49:6.1.2.3.15.0.1.1 | 49 | Transportation | V | 534 | PART 534—RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS | § 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—RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS | § 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—RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS | § 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. (b) As used in this part— “Control relationship” means the relationship that exists between manufacturers that control, are controlled by, or are under common control with, one or more other manufacturers. “Predecessor” means a manufacturer whose rights have been vested in and whose burdens have been assumed by another manufacturer. “Successor” 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—RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS | § 534.4 Successors and predecessors. | NHTSA | [76 FR 57492, Sept. 15, 2011] | For purposes of the fuel economy and fuel consumption programs, “manufacturer” includes “predecessors” and “successors” to the extent specified in this section. (a) Successors are responsible for any civil penalties that arise out of fuel economy and fuel consumption shortfalls incurred and not satisfied by predecessors. (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. (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. (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. (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 av… | ||||||
| 49:49:6.1.2.3.15.0.1.5 | 49 | Transportation | V | 534 | PART 534—RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS | § 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. (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. (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. (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. (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 yea… | ||||||
| 49:49:6.1.2.3.15.0.1.6 | 49 | Transportation | V | 534 | PART 534—RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS | § 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: (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. (b) Each report shall— (1) Identify each manufacturer; (2) State the full name, title, and address of the official responsible for preparing the report; (3) Identify the production year being reported on; (4) Be written in the English language; and (5) Be submitted to: Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. (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—RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS | § 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—RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS | § 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. (1) Each joint agreement must— (i) Define how each manufacturer shares responsibility for the planned vehicles or engines. (ii) Specify which manufacturer(s) will be responsible for the EPA certificates of conformity; (iii) Describe the planned vehicles and engines in terms of the model types, production volumes, and model years (if known); (iv) Describe which manufacturer(s) have engineering and design control and sale distribution ownership over the vehicles and/or engines; and (v) Include signatures from all parties involved in the shared corporate relationship. (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. (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. (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—MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM | § 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—MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM | § 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 § 535.3. (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. (3) [Reserved] (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. (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. (6) Manufacturers apply the fuel consumption standards specified in § 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): (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. Y… | ||||||
| 49:49:6.1.2.3.16.0.1.2 | 49 | Transportation | V | 535 | PART 535—MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM | § 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—MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM | § 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. (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: (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); (2) Have certificate holders sell or ship vehicles that are missing certain emission-related components to be installed by secondary vehicle manufacturers; (3) Ship partially complete vehicles to secondary manufacturers; (4) Build electric vehicles; and (5) Build alternative fueled vehicles from all types of heavy duty engine conversions. The conversion manufacturer must: (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. (ii) Be designated by the vehicle manufacturer and EPA to be the certificate holder. (iii) Omit alternative fueled vehicles from compliance with vehicle fuel consumption standards, if— (A) Excluded from EPA emissions standards; and (B) A reasonable technical basis exist that the modified vehicle continues to meet emissions and fuel consumption vehicle standards. (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. (d) The following heavy-duty vehicles and engi… | ||||||
| 49:49:6.1.2.3.16.0.1.4 | 49 | Transportation | V | 535 | PART 535—MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM | § 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. Adjustable 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). Administrator means the Administrator of the National Highway Traffic Safety Administration (NHTSA) or the Administrator's delegate. Advanced technology means specific vehicle technology for which manufacturers may earn special credits under §§ 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). Alterer means a manufacturer that modifies an altered vehicle as defined in 49 CFR 567.3 Alternative fuel conversion has the meaning given for clean alternative fuel conversion in 40 CFR 85.502 A to B testing has the meaning given in 40 CFR 1037.801. Automated manual transmission has the meaning given in 40 CFR 1037.801. Automatic tire inflation system has the meaning given in 40 CFR 1037.801. Automatic transmission (AT) has the meaning given in 40 CFR 1037.801. Auxiliary power unit has the meaning given in 40 CFR 1037.801. Averaging 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 § 535.7. Note that … | ||||||
| 49:49:6.1.2.3.16.0.1.5 | 49 | Transportation | V | 535 | PART 535—MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM | § 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). (1) Mandatory standards. For model years 2016 and later, each manufacturer must comply with the fleet average standard derived from the unique subconfiguration targ… | ||||||
| 49:49:6.1.2.3.16.0.1.6 | 49 | Transportation | V | 535 | PART 535—MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM | § 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 § 535.7 and then determine whether they comply with standards as specified in § 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 § 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. (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. (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… | ||||||
| 49:49:6.1.2.3.16.0.1.7 | 49 | Transportation | V | 535 | PART 535—MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM | § 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 § 535.5 for averaging, banking and trading credits. Manufacturers comply with standards if the sum of averaged, banked and traded credits generate a “zero” 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. (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 § 535.8. Types of FCCs include the following: (i) Conventional credits. Credits generated by vehicle or engine families or fleets containing conventional vehicles ( i.e., gasoline, diesel and alternative fueled vehicles). (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. (iii) Advanced technology credits. Credits generated by vehicle or engine families or subconfigurations … | ||||||
| 49:49:6.1.2.3.16.0.1.8 | 49 | Transportation | V | 535 | PART 535—MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM | § 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 § 535.5, for each given model year, must submit the required information as specified in paragraphs (b) through (h) of this section. (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. (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. (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. (4) Manufacturers certifying a vehicle or engine family using an FEL or FCL below the applicable fuel consumption standard as described in § 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. (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. (6) Any information that must be sent directly to NHTS… | ||||||
| 49:49:6.1.2.3.16.0.1.9 | 49 | Transportation | V | 535 | PART 535—MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM | § 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 § 535.10. (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. (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. (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. (iv) Documents collected under NHTSA safety authority may be used to support fuel efficiency audits and inspections. (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 10… | ||||||
| 49:49:6.1.2.3.17.0.1.1 | 49 | Transportation | V | 536 | PART 536—TRANSFER AND TRADING OF FUEL ECONOMY CREDITS | § 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—TRANSFER AND TRADING OF FUEL ECONOMY CREDITS | § 536.10 Treatment of dual-fuel and alternative fuel vehicles—consistency 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. (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. (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. (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—TRANSFER AND TRADING OF FUEL ECONOMY CREDITS | § 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—TRANSFER AND TRADING OF FUEL ECONOMY CREDITS | § 536.3 Definitions. | NHTSA | (a) Statutory terms. All terms defined in 49 U.S.C. 32901(a) are used pursuant to their statutory meaning. (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. (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. (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. (4) Compliance means a manufacturer achieves compliance in a particular compliance category when: (i) The average fuel economy of the vehicles in that category exceed or meet the fuel economy standard for that category; or (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. (5) Compliance category means any of three categories of automobiles… | |||||||
| 49:49:6.1.2.3.17.0.1.4 | 49 | Transportation | V | 536 | PART 536—TRANSFER AND TRADING OF FUEL ECONOMY CREDITS | § 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). (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 “total oil savings” requirement of 49 U.S.C. 32903(f)(1). (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): Where: A = Adjustment factor applied to traded and transferred credits. The quotient shall be rounded to 4 decimal places; 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; VMTu = Lifetime vehicle miles traveled as provided in the following Table 1 to this paragraph (c) for the … | ||||||
| 49:49:6.1.2.3.17.0.1.5 | 49 | Transportation | V | 536 | PART 536—TRANSFER AND TRADING OF FUEL ECONOMY CREDITS | § 536.5 Trading infrastructure. | NHTSA | (a) Accounts. NHTSA maintains “accounts” for each credit holder. The account consists of a balance of credits in each compliance category and vintage held by the holder. (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: (1) A designated recipient must provide name, address, contacting information, and a valid taxpayer identification number or Social Security number; (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 (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. (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: (i) The credit holder(s) involved in the transaction. (ii) The originating credits described by the amount of the credits, compliance category and the vintage of the credits. (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). (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. (2) Upon receipt of … | |||||||
| 49:49:6.1.2.3.17.0.1.6 | 49 | Transportation | V | 536 | PART 536—TRANSFER AND TRADING OF FUEL ECONOMY CREDITS | § 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. (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. (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—TRANSFER AND TRADING OF FUEL ECONOMY CREDITS | § 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. (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. (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. (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. (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—TRANSFER AND TRADING OF FUEL ECONOMY CREDITS | § 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. (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: (1) Manufacturers may use credits originally earned by another manufacturer in a particular compliance category to satisfy compliance obligations within the same compliance category. (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. (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. (1) In general, if two manufacturers merge in any way, they must inform NHTSA how they plan to merge their credit accounts. NHTSA w… | |||||||
| 49:49:6.1.2.3.17.0.1.9 | 49 | Transportation | V | 536 | PART 536—TRANSFER AND TRADING OF FUEL ECONOMY CREDITS | § 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. (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. (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). (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. (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—AUTOMOTIVE FUEL ECONOMY REPORTS | § 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—AUTOMOTIVE FUEL ECONOMY REPORTS | § 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. (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. (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—AUTOMOTIVE FUEL ECONOMY REPORTS | § 537.11 Public inspection of information. | NHTSA | Except as provided in § 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—AUTOMOTIVE FUEL ECONOMY REPORTS | § 537.12 Confidential information. | NHTSA | (a) Treatment of confidential information. Information made available under § 537.11 for public inspection does not include information for which confidentiality is requested under § 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. (b) Denial of confidential treatment. When the Administrator denies a manufacturer's request under § 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. (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 § 537.5(c)(7). | |||||||
| 49:49:6.1.2.3.18.0.1.2 | 49 | Transportation | V | 537 | PART 537—AUTOMOTIVE FUEL ECONOMY REPORTS | § 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—AUTOMOTIVE FUEL ECONOMY REPORTS | § 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—AUTOMOTIVE FUEL ECONOMY REPORTS | § 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. (2) The term manufacturer is used as defined in 49 U.S.C. 32901 and in accordance with part 529 of this chapter. (3) The terms average fuel economy, fuel economy, and model type are used as defined in subpart A of 40 CFR part 600. (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. (b) Other terms. (1) The term loaded vehicle weight is used as defined in subpart A of 40 CFR part 86. (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. (3) The term light truck is used as defined in part 523 of this chapter and in accordance with determinations in that part. (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. (5) The term incomplete automobile manufacturer is used as defined in part 529 of this chapter. (6) As used in this part, unless otherwise required by the context: (i) Administrator means the Administrator of the National Highway Traffic Safety Administration or the Administrator's delegate. (ii) Current model year means: (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 § 537.5(b) to be submitted. (B) In the case of a mid-model year report, the model year during which that report is required by § 537.5(b) to be submitted. (iii) Average means a production-weighted harmonic average. (iv) Total drive ratio means… | ||||||
| 49:49:6.1.2.3.18.0.1.5 | 49 | Transportation | V | 537 | PART 537—AUTOMOTIVE FUEL ECONOMY REPORTS | § 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 § 537.8, supplementary reports. (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). (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). (3) Each supplementary report must be submitted in accordance with § 537.8(c). (c) Each report required by this part must: (1) Identify the report as a pre-model year report, mid-model year report, or supplementary report as appropriate; (2) Identify the manufacturer submitting the report; (3) State the full name, title, and address of the official responsible for preparing the report; (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 § 512.8 of this chapter. Your request must also include a certificate, pursuant to § 512.4(b) of this chapter and part 512, appendix A, of this chapter. The word “CONFIDENTIAL” 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: “[ ].” Confidential portions of electronic files submitted in other than their original format must be marked “Confidential Business Information” or “En… | |||||||
| 49:49:6.1.2.3.18.0.1.6 | 49 | Transportation | V | 537 | PART 537—AUTOMOTIVE FUEL ECONOMY REPORTS | § 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 § 537.7(a). (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 § 537.7(a)(1) and (2), as appropriate for the vehicle fleets produced by the manufacturer, in accordance with § 537.8(b)(1) through (4) as appropriate. (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 § 537.7(c)(4)(xv) through (xviii) and (c)(5). The information provided by the incomplete automobile manufacturer under § 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—AUTOMOTIVE FUEL ECONOMY REPORTS | § 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. (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. (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. (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. (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. (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 § 537.9 and based upon the fuel economy values and projected sales figures provided under paragraph (c)(2) of this section. (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. (3) Manufacturers must state the projected required fuel economy for the manufacturer's … | ||||||
| 49:49:6.1.2.3.18.0.1.8 | 49 | Transportation | V | 537 | PART 537—AUTOMOTIVE FUEL ECONOMY REPORTS | § 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 § 537.7(b)(2) or, if no average fuel economy was projected under that section, under § 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. (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 § 537.7(b)(2) or, if no average fuel economy was projected under § 537.7(b)(2), as projected under § 537.7(b)(1), is less representative than the manufacturer previously reported it to be under § 537.7(b)(3), this section, or both, shall file a supplementary report containing the information specified in paragraph (b)(2) of this section. (3) For model years through 2022, each manufacturer whose mid-model year report omits any of the information specified in § 537.7(b) or (c) shall file a supplementary report containing the information specified in paragraph (b)(3) of this section. (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). (b)(1) The supplementary report required by paragraph (a)(1) of this section must contain: (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— (A) To reflect the change and its cause; and (B) To indicate a new projected averag… | |||||||
| 49:49:6.1.2.3.18.0.1.9 | 49 | Transportation | V | 537 | PART 537—AUTOMOTIVE FUEL ECONOMY REPORTS | § 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. (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. (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. (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. (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. (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—MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES | § 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—MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES | § 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 “Automobile Fuel Economy” 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—MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES | § 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—MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES | § 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). (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. (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. (4) The term model year is used as defined in 49 U.S.C. 32901(a)(15). (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. (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—MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES | § 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). (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—MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES | § 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—MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES | § 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. (b) Each petition shall: (1) Be addressed to: Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. (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. (3) Be written in the English language. (4) State the full name, address, and title of the official responsible for preparing the petition, and the name and address of the petitioner. (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. (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. (c) Each petitioner shall include the following information in its petition: (1) Identification of the model type or types for which a lower driving range is sought under this section. (2) For each model type identified in accordance with paragraph (c)(1) of this section: (i) The driving range sought for that model type. (ii) The number of years for which that driving range is sought. (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: (A) Electricity; and (B) Gasoline or diesel fuel. (iv) An explanation of why the petitioner cannot modify the model type so as to meet… | ||||||
| 49:49:6.1.2.3.19.0.1.8 | 49 | Transportation | V | 538 | PART 538—MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES | § 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: Table I—Gallon Equivalent Measurements for Gaseous Fuels per 100 Standard Cubic Feet * Per gallon unit of measure. | |||||||
| 49:49:6.1.2.3.19.0.1.9 | 49 | Transportation | V | 538 | PART 538—MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES | § 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—ORGANIZATION AND DELEGATION OF POWERS AND DUTIES | § 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—ORGANIZATION AND DELEGATION OF POWERS AND DUTIES | § 501.2 General. | NHTSA | The responsibilities and authorities delegated to NHTSA and the Administrator are set forth in §§ 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—ORGANIZATION AND DELEGATION OF POWERS AND DUTIES | § 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: (a) Office of the Administrator —(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); (ii) Establishes NHTSA program policies, objectives, and priorities and directs the development of action plans to accomplish the NHTSA mission; (iii) Directs, controls, and evaluates the organization, program activities, performance of NHTSA staff, program and field offices; (iv) Approves broad legislative, budgetary, fiscal and program proposals and plans; and (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. (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. (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… | |||||||
| 49:49:6.1.2.3.2.0.1.4 | 49 | Transportation | V | 501 | PART 501—ORGANIZATION AND DELEGATION OF POWERS AND DUTIES | § 501.4 Succession to Administrator. | NHTSA | (a) The Deputy Administrator is the “first assistant” 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. (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: (1) The Chief Counsel; (2) The Executive Director; (3) Further officials as may be designated in an internal order on succession. (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—ORGANIZATION AND DELEGATION OF POWERS AND DUTIES | § 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. (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. (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. (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—ORGANIZATION AND DELEGATION OF POWERS AND DUTIES | § 501.6 Secretary's reservations of authority. | NHTSA | The authorities reserved to the Secretary of Transportation are set forth in § 1.21 of this title. | |||||||
| 49:49:6.1.2.3.2.0.1.7 | 49 | Transportation | V | 501 | PART 501—ORGANIZATION AND DELEGATION OF POWERS AND DUTIES | § 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 §§ 501.4 and 501.5(a): (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; (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; (c) The authority to fix the rate of compensation for non-government members of agency sponsored committees which are entitled to compensation. (d) The authority under 49 U.S.C. chapter 301 to: (1) Issue, amend, or revoke final Federal motor vehicle safety standards and regulations; (2) Make final decisions concerning alleged safety-related defects and noncompliances with Federal motor vehicle safety standards; (3) Grant or renew temporary exemptions from Federal motor vehicle safety standards; and (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. (e) The authority under 49 U.S.C. chapters 303, 321, 323, 325, and 329 (except section 32916(b)) to: (1) Issue, amend, or revoke final rules and regulations; and (2) Assess civil penalties and approve manufacturer fuel economy credit plans under chapter 329. (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… | |||||||
| 49:49:6.1.2.3.2.0.1.8 | 49 | Transportation | V | 501 | PART 501—ORGANIZATION AND DELEGATION OF POWERS AND DUTIES | § 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. (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. (c) Director, Office of Civil Rights. The Director, Office of Civil Rights is delegated authority to: (1) Serve as the Director of Equal Employment Opportunity. (2) Serve as the compliance coordinator for: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ), as amended, and related regulations; (ii) Section 504 of the Rehabilitation Act of 1973; (iii) The Americans with Disabilities Act (ADA); and (iv) Other nondiscrimination statutes, regulations, Executive Orders, and policies. (3) Investigate complaints of civil rights discrimination, conduct compliance reviews, and provide technical assistance to recipients of NHTSA financial assistance and stakeholders. (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. (d) Chief Counsel. The Chief Counsel is delegated authority to: (1) Exercise the powers and perform the duties of the Administrator with respect to: (i) Issuing odometer regulations authorized under 49 U.S.C. chapter 327. (ii) Providing technical assistance and granting extensions of time to the states under 49 U.S.C. 32705. (iii) Granting or denying petitions for approval of alternate motor vehicle mileage disclosure requirements under 49 U.S.C. 32705. (2) Establish the legal sufficiency of all investigations and enforcement actions conducted under the aut… | |||||||
| 49:49:6.1.2.3.20.0.1.1 | 49 | Transportation | V | 541 | PART 541—FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD | § 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—FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD | § 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—FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD | § 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: (1) Passenger motor vehicle parts identified in § 541.5(a) that are present in: (i) Passenger cars; and (ii) Multipurpose passenger vehicles with a gross vehicle weight rating of 6,000 pounds or less; and (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 (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. (2) Replacement passenger motor vehicle parts identified in § 541.5(a) for vehicles listed in paragraphs (1)(i) to (iv) of this section. (b) Exclusions. This standard does not apply to the following: (1) Passenger motor vehicle parts identified in § 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. (2) Passenger motor vehicle parts identified in § 541.5(a) that are present in a line with an annual production of not more than 3,500 vehicles. (3) Passenger motor vehicle parts identified in § 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. (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 ve… | ||||||
| 49:49:6.1.2.3.20.0.1.4 | 49 | Transportation | V | 541 | PART 541—FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD | § 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. (b) Other definitions. (1) Interior surface means, with respect to a vehicle part, a surface that is not directly exposed to sun and precipitation. (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. (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 “line” may, for example, include 2-door, 4-door, station wagon, and hatchback vehicles of the same make. (4) 1990/91 median theft rate means 3.5826 thefts per thousand vehicles produced. (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. (6) Passenger car is used as defined in § 571.3 of this chapter. (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—FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD | § 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. (1) Engine. (2) Transmission. (3) Right front fender. (4) Left front fender. (5) Hood. (6) Right front door. (7) Left front door. (8) Right rear door. (9) Left rear door. (10) Sliding or cargo door(s). (11) Front bumper. (12) Rear bumper. (13) Right rear quarter panel (passenger cars). (14) Left rear quarter panel (passenger cars). (15) Right-side assembly (MPVs). (16) Left-side assembly (MPVs). (17) Pickup box, and/or cargo box (LDTs). (18) Rear door(s) (both doors in case of double doors), decklid, tailgate, or hatchback (whichever is present). (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. (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. (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 originall… | ||||||
| 49:49:6.1.2.3.20.0.1.6 | 49 | Transportation | V | 541 | PART 541—FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD | § 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 § 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 “R” affixed or inscribed on such replacement part by means that comply with § 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 “R” on the part by means that comply with § 541.5(d)(2), except as provided in paragraph (d) of this section. (b) A replacement part subject to paragraph (a) of this section shall not be marked pursuant to § 541.5. (c) The trademark and the letter “R” required by paragraph (a) of this section must be at least one centimeter high. (d) The trademark and the letter “R” 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. (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. (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 § 541.5(e) of this part. (3) Each manufacturer subject to paragraph (e)(1) of this section shall inform NHTSA in writing of the target areas desig… | ||||||
| 49:49:6.1.2.3.21.0.1.1 | 49 | Transportation | V | 542 | PART 542—PROCEDURES FOR SELECTING LIGHT DUTY TRUCK LINES TO BE COVERED BY THE THEFT PREVENTION STANDARD | § 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. (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. (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. (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. (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 § 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. (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 determ… | ||||||
| 49:49:6.1.2.3.21.0.1.2 | 49 | Transportation | V | 542 | PART 542—PROCEDURES FOR SELECTING LIGHT DUTY TRUCK LINES TO BE COVERED BY THE THEFT PREVENTION STANDARD | § 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. (b) Application. These procedures apply to: (1) Each manufacturer that produces— (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 (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 (2) Each of those likely sub-median theft rate light duty truck lines. (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. (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. (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… |
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