[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 22010-22014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11720]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 537
[Docket No. 96-38, Notice 01]
RIN 2127-AG00
Automotive Fuel Economy; Semi-Annual Reports
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This notice proposes various revisions to the required form
and contents of the semi-annual reports which automobile manufacturers
are statutorily required to submit under the Federal automotive fuel
economy program. It is intended that these revisions will reduce the
paperwork burdens imposed on manufacturers without inhibiting the
agency's ability to comply with its statutory requirements. NHTSA
undertakes this action as part of its effort to implement the
President's Regulatory Reinvention Initiative to make regulations
easier to understand and apply.
ADDRESSES: Comments should refer to the docket and notice number set
forth above and be submitted to: Docket
[[Page 22011]]
Section, Room 5109, National Highway Traffic Safety Administration, 400
Seventh Street, SW, Washington, D.C. 20590.
DATES: Comments on this notice must be received by July 12, 1996. The
final rule would apply to reports submitted for model years beginning
after publication of the final rule.
FOR FURTHER INFORMATION CONTACT: Alan Berkowitz, Office of Planning and
Consumer Programs, Safety Performance Standards, NHTSA, 400 7th St.,
SW., Washington DC 20590. Telephone: (202) 366-4795.
SUPPLEMENTARY INFORMATION:
President's Regulatory Reinvention Initiative
Pursuant to the March 4, 1995, directive ``Regulatory Reinvention
Initiative'' from the President to the heads of departments and
agencies, NHTSA undertook a review of its regulations and directives.
During the course of this review, the agency identified rules that it
could propose to eliminate as unnecessary or to amend to improve their
comprehensibility, usefulness, and appropriateness. NHTSA has
identified the Semi-Annual Reports for Automotive Fuel Economy as a
candidate for review.
Background
Section 32907 of Chapter 329 of Title 49 of the U.S. Code (49
U.S.C. 32901 et seq.) requires each automobile manufacturer (other than
those small manufacturers which have been granted an alternative fuel
economy standard under section 32902(d)) to submit semi-annual reports
to the agency relating to that manufacturers' efforts to comply with
average fuel economy standards. One report is due during the 30-day
period preceding the beginning of each model year (the ``pre-model year
report'') and the other is due during the 30-day period beginning on
the 180th day of the model year (the ``mid-model year report'').
Since the various manufacturers have different annual production
periods, the agency determined in 42 FR 62374 (December 12, 1977) that
there was no single model year designation applicable to all companies.
Therefore, in accordance with section 32901(a)(15) of Chapter 329, the
agency determined that the calendar year should serve as the ``model
year'' for purposes of section 32907, making the pre-model year report
for any year due in December of the prior year and the mid-model year
report for any year due in July of that year. For the major domestic
manufacturers, this means that the pre-model year report is submitted
well into their actual production period and the mid-model year report
is due near the end of that period.
Section 32907(a)(1) of Chapter 329 provides that each report must
contain a statement as to whether the manufacturer will comply with
average fuel economy standards for that year, a plan describing the
steps the manufacturer has taken or will take to comply with the
standards, and any other information the agency may require. Whenever a
manufacturer determines that a plan it has submitted in one of its
reports is no longer adequate to assure compliance, it must submit a
revised plan. Section 32907(a)(1)(C) of Chapter 329 also permits the
agency to issue rules prescribing the form and content of reports.
Proposed Revisions
The revised text for 49 CFR Part 537 presented in this notice
proposes to reduce the amount of detailed specification data required
of manufacturers in their reports to the agency. Specifically, the
agency is asking for data to be consolidated at the model level instead
of the configuration level. This would reduce the volume of information
that must be submitted. The proposed revision provides the data in a
form that more closely matches the format of information that the
agency uses in analyzing the manufacturers' fleets for purposes of its
annual report to the Congress and special reports and studies of fuel
economy standards. The format of the report is revised to delete some
items that the agency has not used in recent years, i.e., engine code,
emission control system, existence of overdrive, axle ratio, existence
of temporary living quarters, expansion of cargo carrying capacity by
removal of seats, and frontal area.
The proposed text also changes the time of submission of the
detailed specification information from the pre-model year report to
the mid-model year report. This will result in the manufacturers
providing more complete and correct data as the data will be assembled
near the end of the typical production period for each model. The data
will still be provided to the agency in time for incorporation in the
annual report to the Congress.
Finally, the text description for supplementary reports
(Sec. 537.8) is deleted. Manufacturers have not been furnishing this
report to the agency, nor has the agency been requesting it. Its
purpose, to explain how a fleet that is below the average fuel economy
standard will be brought into compliance, can be fulfilled by the
addition of an appropriate statement in either the pre- model year or
mid-model year report. Some manufacturers currently use this procedure.
That statement is specified in the revised text in Sec. 537.7(b)(4).
Impact Analyses
1. Economic Impacts
This notice of proposed rulemaking (NPRM) was not reviewed under
Executive Order 12866 (Regulatory Planning and Review). NHTSA has
analyzed the impact of this request for comment and determined that it
is not ``significant'' within the meaning of the Department of
Transportation's regulatory policies and procedures. The agency
anticipates, if a final rule should result from this NPRM, new
requirements would not be imposed on manufacturers.
2. Impacts on Small Entities
Pursuant to the Regulatory Flexibility Act, the agency has
considered the impact this rulemaking would have on small entities.
Few, if any, automobile manufacturers subject to the proposed rule
would be classified as a ``small business'' under the Regulatory
Flexibility Act. I certify that this action would not have a
significant economic impact on a substantial number of small entities.
3. Impact of Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rule would not have sufficient Federalism
implications to warrant the preparation of a Federalism Assessment.
4. Paperwork Reduction Act
Information collection requirements contained in this NPRM
represent an amendment to those approved by the Office of Management
and Budget under the provisions of the Paperwork Reduction Act (Pub. L.
96-511) and assigned OMB Control Number 2127-0019. The agency believes
that the changes proposed in this notice will result in a small
reduction in the paperwork burden of this reporting requirement. The
agency solicits comment on the expected change in paperwork burden that
this proposal would entail.
5. National Environmental Policy Act
The agency has analyzed this rule for the purpose of the National
Environmental Policy Act and determined that it would not have any
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significant impact on the quality of the human environment.
6. Civil Justice Reform
This proposed rule would not have any retroactive effect and it
does not preempt any State law. 49 U.S.C. 32909 sets forth a procedure
for judicial review of automobile fuel economy regulations. That
section does not require submission of a petition for reconsideration
or other administrative proceedings before parties may file suit in
court.
Comments
NHTSA is providing a comment period, ending on July 12, 1996 for
interested parties to present data and views on the issues raised in
this notice, as well as any other issues commenters believe are
relevant to this proceeding. It is requested but not required that 10
copies be submitted.
Comments must not exceed 15 pages in length (49 CFR 553.21).
Necessary attachments may be appended to these submissions without
regard to the 15-page limit. This limitation is intended to encourage
commenters to detail their primary arguments in a concise fashion.
If a commenter wishes to submit certain information under claim of
confidentiality, three copies of the complete submission, including
purportedly confidential business information, should be submitted to
the Chief counsel, NHTSA, at the street address given above, and seven
copies from which the purportedly confidential information has been
deleted should be submitted to the Docket Section. A request for
confidentiality should be accompanied by a cover letter setting forth
the information specified in the agency's confidential business
information regulation. 49 CFR part 512.
All comments received before the close of business on the comment
closing date indicated above for the proposal will be considered, and
will be available for examination in the docket at the above address
both before and after that date. To the extent possible, comments filed
after the closing date will also be considered. Comments received too
late for consideration in regard to the final rule will be considered
as suggestions for further rulemaking action. Comments on the proposal
will be available for inspection in the docket. NHTSA will continue to
file relevant information as it becomes available in the docket after
the closing date, and it is recommended that interested persons
continue to examine the docket for new material.
Those persons desiring to be notified upon receipt of their
comments in the rules docket should enclose a self-addressed, stamped
postcard with their comments. Upon receiving the comments, the docket
supervisor will return the postcard by mail.
List of Subjects in 49 CFR Part 537
Fuel economy, Reporting and recordkeeping requirements.
In consideration of the foregoing, 49 CFR Part 537 would be revised
to read as follows:
PART 537--AUTOMOTIVE FUEL ECONOMY REPORTS
Sec.
537.1 Scope.
537.2 Purpose.
537.3 Applicability.
537.4 Definitions.
537.5 General requirements for reports.
537.6 General content of reports.
537.7 Pre-model year and mid-model year reports.
537.8 [Reserved].
537.9 Determination of fuel economy values and average fuel
economy.
537.10 Incorporation by reference.
537.11 Public Inspection of Information.
537.12 Confidential Information.
Authority: 49 U.S.C. 32907; 49 CFR 1.50.
Sec. 537.1 Scope.
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.
Sec. 537.2 Purpose.
The purpose of this part is to obtain information to aid the
National Highway Traffic Safety Administration in valuating automobile
manufacturers' plans for complying with average fuel economy standards
and in preparing an annual review of the average fuel economy
standards.
Sec. 537.3 Applicability.
This part applies to automobile manufacturers, except for
manufacturers subject to an alternate fuel economy standard under 49
U.S.C. 32902(d).
Sec. 537.4 Definitions.
(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 base level, body style, car line, combined fuel
economy, equivalent test 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, breakover angle,
cargo-carrying volume, departure angle, passenger-carrying volume, and
running clearance 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 the ratio of an automobile's engine
rotational speed (in revolutions per minute) to the automobile's
forward speed (in miles per hour).
Sec. 537.5 General requirements for reports.
(a) For each current model year, each manufacturer shall submit a
pre-model year report and a mid-model year report.
(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 1997 model year must be
submitted during December, 1996).
(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 1997 model year must be submitted
during July 1997).
(c) Each report required by this part must:
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(1) Identify the report as a pre-model year report or mid-model
year report;
(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 in 10 copies to: Administrator, National Highway
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC
20590;
(5) Identify the current model year;
(6) Be written in the English language; and
(7)(i) Specify any part of the information or data in the report
that the manufacturer believes should be with held from public
disclosure as trade secret or other confidential business information.
(ii) With respect to each item of information or data requested by
the manufacturer to be withheld under 5 U.S.C. 552(b)(4) and 15 U.S.C.
2005(d)(1), the manufacturer shall:
(A) Show that the item is within the scope of sections 552(b)(4)
and 2005(d)(1);
(B) Show that disclosure of the item would result in significant
competitive damage;
(C) Specify the period during which the item must be withheld to
avoid that damage; and
(D) Show that earlier disclosure would result in that damage.
(d) Each report required by this part must be based upon all
information and data available to the manufacturer 30 days before the
report is submitted to the Administrator.
Sec. 537.6 General content of reports.
(a) Pre-model year and mid-model year reports. Except as provided
in paragraph (b) 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) Exceptions. The pre-model year report and the mid-model year
report submitted by an incomplete automobile manufacturer for any model
year are not required to contain the information specified in 537.7
(c)(4)(xix) (A) and (B)(1), (3), and (4) 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 car line.
Sec. 537.7 Pre-model year and mid-model year reports.
Each manufacturer submitting a report shall:
(a)(1) Provide the information required by paragraphs (b) and (c)
of this section for the manufacturer's passenger automobiles for the
current model year.
(2) After providing the information required by paragraph (a)(1) of
this section provide the information required by paragraphs (b) and (c)
of this section for the manufacturer's light trucks for the current
model year.
(b) Projected average Fuel economy. (1) 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) 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) State whether the manufacturer believes that the projection it
provides under paragraph (b)(2) of this section, or if it does not
provide an average under that paragraph, the projection it provides
under paragraph (b)(1) of this section sufficiently represents the
manufacturer's average fuel economy for the current model year for the
purposes of the statute. In the case of a manufacturer that believes
that the projection is not sufficiently representative for those
purposes, state the reason for the insufficiency and the specific
additional testing or derivation of fuel economy values by analytical
methods believed by the manufacturer necessary to eliminate the
insufficiency and any plans of the manufacturer to undertake that
testing or derivation voluntarily and submit the resulting data to the
Environmental Protection Agency under 40 CFR 600.509.
(4) If the projected average fuel economy provided under section
(b)(1) or (b)(2) of this section does not comply with the applicable
average fuel economy standard, state what actions the manufacturer has
taken or intends to take to comply with the standard and whether those
actions are sufficient to ensure compliance.
(c) Model type fuel economy and technical information. (1) For each
model type of the manufacturer's automobiles, provide the information
specified in paragraph (c)(2) of this section in tabular form. List the
model types in order of increasing equivalent test weight from top to
bottom down the left side of the table and list the information
categories in the order specified in paragraph (c)(2) of this section
from left to right across the top of the table.
(2)(i) Combined fuel economy for each model type and CAFE for the
fleet; and (ii) Projected production for the current model year and
total production of all model types.
(3) (Mid-model report only.) For each model type provide the
information specified in paragraph (c)(4) at this section either in
tabular form or preferably as a database formatted computer disk. If a
tabular form is used then list the vehicle model types in the order
listed under paragraph (c)(2) of this section from top to bottom down
the left of the table and list the information categories across the
top of the table from left to right in the order specified in paragraph
(c)(4) of this section. Other formats (such as copies of EPA reports),
which contain all the required information in a readily identifiable
form, are also acceptable. If a computer disk is used, any NHTSA
approved database structure may be used, but each model type record
should identify the manufacturer, model type, and for light trucks the
drive wheel code, e.g. 2- or 4- wheel drive. At least the information
categories specified here and in paragraph (c)(4) must be provided, but
if preferred, the disk may contain any additional categories. Each
computer disk record must contain all the required categories of
information to enable direct reading and interpretation in the database
format that was approved. Parameters that vary within the model type
(e.g., loaded vehicle weight) should be weighted by the production
share of each distinct value.
(4)(i) Loaded vehicle weight;
(ii) Equivalent test weight;
(iii) Engine displacement, liters;
(iv) Number of engine cylinders;
(v) SAE net rated power, kilowatts;
(vi) Type of fuel injection;
(vii) Transmission class;
(viii) Number of forward speeds;
(ix) Total drive ratio (N/V);
(x) Combined fuel economy, mpg;
(xi) Projected production for the current model year;
(xii) Road load power at 50 miles per hour;
(xiii) (A) In the case of passenger automobiles:
(1) Interior volume index, determined in accordance with Subpart D
of 40 CFR Part 600, and
(2) Body style;
(B) In the case of light trucks:
(1) Passenger-carrying volume; and
(2) Cargo-carrying volume.
(5) For each model type of automobile which is classified as an
automobile capable of off-highway operation under Part 523 of this
chapter, provide the following data:
[[Page 22014]]
(i) Approach angle;
(ii) Departure angle;
(iii) Breakover angle;
(iv) Axle clearance;
(v) Minimum running clearance; and
(vi) Existence of 4-wheel drive (indicate yes or no).
(6) The fuel economy values provided under paragraphs (c) (2) and
(4) of this section shall be determined in accordance with Sec. 537.9.
Sec. 537.8 [Reserved]
Sec. 537.9 Determination of fuel economy values and average fuel
economy.
(a) 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 vehicle configuration values that have been
determined and approved under 40 CFR part 600, or, if such a value does
not exist, a value based on a comparable test or analysis, 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.
(b) Average fuel economy. Average fuel economy must be based upon
fuel economy values calculated under paragraph (a) of this section for
each model type and must be calculated in accordance with 40 CFR
600.506, using the configurations specified in 40 CFR 600.506(a)(2),
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.
Sec. 537.10 Incorporation by reference.
(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.
Sec. 537.11 Public inspection of information.
Except as provided in Sec. 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.
Sec. 537.12 Confidential information.
(a) Information made available under Sec. 537.11 for public
inspection does not include information for which confidentiality is
requested under Sec. 537.5(c)(7), is granted in accordance with section
32910(c) of Chapter 329 and section 552(b) of Title 5 of the United
States Code, and is not subsequently released under paragraph (c) of
this section in accordance with section 32910 of Chapter 329.
(b) Denial of confidential treatment. When the Administrator denies
a manufacturer's request under Sec. 537.5(c)(7) for confidential
treatment of information, the Administrator gives the manufacturer
written notice of the denial and reasons for it. Public disclosures 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 Sec. 537.5(c)(7).
Issued on: May 7, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-11720 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-59-P
