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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules
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iii A description of any plans of the manufacturer to undertake that testing or derivation voluntarily and submit the resulting data to the Environmental Protection Agency under 40 CFR
600.509.
3 The supplementary report required by paragraph a3 of this section must contain:
i All of the information omitted from the pre-model year report under 537.6c2; and ii Such revisions of and additions to the information submitted by the manufacturer in its pre-model year report regarding the automobiles produced during the current model year as are necessary to reflect the information provided under paragraph b3i of this section.
4 The supplementary report required by paragraph a4 of this section must contain:
i All information omitted from the pre-model or mid-model year reports under 537.6c2; and ii Such revisions of and additions to the information submitted by the manufacturer in its pre-model or midmodel year reports regarding the automobiles produced during the current model year as are necessary to reflect the information provided under paragraph b4i of this section.
c1 Each report required by paragraph a1, 2, 3, or 4 of this section must be submitted in accordance with 537.5c not more than 45 days after the date on which the manufacturer determined, or could have determined with reasonable diligence, that the report was required.
2 Reserved d A supplementary report is not required to be submitted by the manufacturer under paragraph a1 or 2 of this section:
1 With respect to information submitted under this part before the most recent semiannual report submitted by the manufacturer under this part; or 2 When the date specified in paragraph c of this section occurs:
i During the 60-day period immediately preceding the day by which the mid-model year report for the current model year must be submitted by the manufacturer under this part; or ii After the day by which the premodel year report for the model year
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immediately following the current model year must be submitted by the manufacturer under this part.
e For model years 2008, 2009, and 2010, each manufacturer of light trucks, as that term is defined in 49 CFR 523.5, shall submit a report, not later than 45
days following the end of the model year, indicating whether the manufacturer is opting to comply with 49 CFR 533.5f or g.
537.9 Determination of fuel economy values and average fuel economy.

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 a1 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 a1 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
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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.
537.10
reports.

Incorporating documents into
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.
537.11

Public inspection of information.

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.
537.12

Confidential information.

a Granting confidential treatment.
Information made available under 537.11 for public inspection does not include information for which confidentiality is requested under 537.5c7, is granted in accordance with section 505 of the Act and section 552b of Title 5 of the United States Code and is not subsequently released under paragraph c of this section in accordance with section 505 of the Act.

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