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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules
standard and the manufacturers 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.

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536.10 Treatment of dual-fuel and alternative fuel vehiclesconsistency with 49 CFR part 538.

a Statutory alternative fuel and dualfuel 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 manufacturers calculated fuel economy for a particular compliance category, including any statutorilyrequired 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 MYs 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. 32906a, 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 600.51012c.
4. Revise part 537 to read as follows:

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PART 537AUTOMOTIVE 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 Supplementary reports.
537.9 Determination of fuel economy values and average fuel economy.
537.10 Incorporating documents into reports.
537.11 Public inspection of information.
537.12 Confidential information.
Authority: 49 U.S.C. 32907, delegation of authority at 49 CFR 1.95.
537.1

Scope.

This part establishes requirements for automobile manufacturers to submit reports to the National Highway Traffic Safety Administration NHTSA
regarding their efforts to improve automotive fuel economy.
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.
537.3

Applicability.

This part applies to automobile manufacturers, except for manufacturers subject to an alternate fuel economy standard under section 502c of the Act.
537.4

Definitions.

a Statutory terms. 1 The terms average fuel economy standard, fuel, manufacture, and model year are used as defined in section 501 of the Act.
2 The term manufacturer is used as defined in section 501 of the Act 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 section 501 of the Act 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
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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 part 523.
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 Act means the Motor Vehicle Information and Cost Savings Act Pub.
L. 92513, as amended by the Energy Policy and Conservation Act Pub. L.
94163.
ii Administrator means the Administrator of the National Highway Traffic Safety Administration or the Administrators delegate.
iii 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 537.5b to be submitted.
B In the case of a mid-model year report, the model year during which that report is required by 537.5b to be submitted.
iv Average means a productionweighted harmonic average.
v Total drive ratio means the ratio of an automobiles engine rotational speed in revolutions per minute to the automobiles forward speed in miles per hour.
537.5

General requirements for reports.

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.
b1 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 premodel 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 537.8c.

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