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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules
credited to the accounts involved, as specified in the credit instruction.
NHTSA determines if the credits can be debited or credited based upon the amount of available credits, accurate application of any adjustment factors and the credit requirements prescribed by this part that are applicable at the time the transaction is requested.
3 After notifying the credit holders, all accounts involved are either credited or debited, as appropriate, in line with the credit instruction. Traded credits identified by a specific compliance category are deposited into the recipients account in that same compliance category and model year. If a recipient of credits as identified in a credit instruction is not a current account holder, NHTSA establishes the credit recipients account, subject to the conditions described in paragraph b of this section, and adds the credits to the newly-opened account.
4 NHTSA will automatically delete unused credits from holders accounts when those credits reach their expiry date.
5 Starting January 1, 2022, manufacturers or credit holders issuing credit instructions or providing credit allocation plans as specified in paragraph d of this section, must use and submit the NHTSA Credit Template fillable form Office of Management and Budget OMB Control No. 21270019, NHTSA Form 1475. The NHTSA Credit Template is available for download on NHTSAs website. If a credit instruction includes a trade, the NHTSA Credit Template must be signed by managers legally authorized to obligate the sale and/or purchase of the traded credits from both parties to the trade. The NHTSA Credit Template signed by both parties to the trade serves as an acknowledgement that the parties have agreed to trade credits, and does not dictate terms, conditions, or other business obligations of the parties.
Manufacturers must submit the template along with other requested information through the CAFE email, cafe@dot.gov.
NHTSA reserves the right to request additional information from the parties regarding the terms of the trade.
6 Starting September 1, 2022, manufacturers or credit holders trading credits must use and submit the NHTSA
Credit Value Reporting Template fillable form OMB Control No. 21270019, NHTSA Form 1621. The NHTSA Credit Template is available for download on NHTSAs website. The template will provide NHTSA with the price paid for the credits including a description of any other monetary or non-monetary terms affecting the price of the traded credits, such as any technology
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exchanged or shared for the credits, any other non-monetary payment for the credits, or any other agreements related to the trade. Manufacturers must submit the template along with other requested information through the CAFE email, cafe@dot.gov. NHTSA reserves the right to request additional information from the parties regarding the terms of the trade.
7 NHTSA will consider claims that information submitted to the agency under this section is entitled to confidential treatment under 5 U.S.C.
552b and under the provisions of part 512 of this chapter if the information is submitted in accordance with the procedures of part 512.
d Compliance. 1 NHTSA assesses compliance with fuel economy standards each year, utilizing the certified and reported CAFE data provided by the Environmental Protection Agency EPA for enforcement of the CAFE program pursuant to 49 U.S.C. 32904e. Credit values are calculated based on the CAFE
data from the EPA. If a particular compliance category within a manufacturers fleet has above standard fuel economy, NHTSA adds credits to the manufacturers account for that compliance category and vintage in the appropriate amount by which the manufacturer has exceeded the applicable standard.
2 If a manufacturers vehicles in a particular compliance category have below standard fuel economy, NHTSA
will provide written notification to the manufacturer that it has failed to meet a particular fleet target standard. The manufacturer will be required to confirm the shortfall and must either:
Submit a plan indicating how it will allocate existing credits or earn, transfer and/or acquire credits; or pay the appropriate civil penalty. The manufacturer must submit a plan or payment within 60 days of receiving agency notification.
3 Credits used to offset shortfalls are subject to the threeand five-year limitations as described in 536.6.
4 Transferred credits are subject to the limitations specified by 49 U.S.C.
32903g3 and this part.
5 The value, when used for compliance, of any credits received via trade or transfer is adjusted, using the adjustment factor described in 536.4c, pursuant to 49 U.S.C.
32903f1.
6 Credit allocation plans received from a manufacturer will be reviewed and approved by NHTSA. Starting in model year 2022, use the NHTSA Credit Template and the Credit Trade Cost Template OMB Control No. 21270019,
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NHTSA Forms 1475 and 1621 to record the credit transactions and the costs for any credit trades requested in the credit allocation plan. The template is a fillable form that has an option for recording and calculating credit transactions for credit allocation plans.
The template calculates the required adjustments to the credits. The credit allocation plan and the completed transaction templates must be submitted to NHTSA. NHTSA will approve the credit allocation plan unless it finds that the proposed credits are unavailable or that it is unlikely that the plan will result in the manufacturer earning sufficient credits to offset the subject credit shortfall. If the plan is approved, NHTSA will revise the respective manufacturers credit account accordingly. If the plan is rejected, NHTSA will notify the respective manufacturer and request a revised plan or payment of the appropriate fine.
e Reporting. 1 NHTSA periodically publishes the names and credit holdings of all credit holders. NHTSA does not publish individual transactions, nor respond to individual requests for updated balances from any party other than the account holder.
2 NHTSA issues an annual credit status letter to each party that is a credit holder at that time. The letter to a credit holder includes a credit accounting record that identifies the credit status of the credit holder including any activity earned, expired, transferred, traded, carry-forward and carry-back credit transactions/allocations that took place during the identified activity period.
536.6 Treatment of credits earned prior to model year 2011.

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.

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