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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules
Manufacturers
Founded
Employees574

Estimated Annual Production 575

Sale Price per Unit
Karma Automotive BXRMotors Falcon Motorsports Luera Cars Lyons Motor Car Rezvani Motors Rossion Automotive Saleen Shelby American Panoz Faraday Future SF Motors Workhorse Group Lordstown Motors
2014
2008
2009
2005
2012
2014
2007
1984
1962
1988
2014
2016
2007
2019

< 1,000 < 10 < 10 <50 < 10 < 10 <50 <200 <200 <50 < 1,000 < 500 <200 <1,000

<100 <100 <100 <100 <100 <100 <100 <100 <100 <100
0 0
0 0

$95,000 to $120,000
$155,000 to $185,000
$300,000 to $400,000
$70,000 to $220,000
$1,400,000
$155,000 to $260,000
$90,000
$100,000
$60,000 to $250,000
$155,000 to $175,000
$200,000 to $300,000
NIA
$52,000
$52,500

NHTSA believes that the proposed rulemaking would not have a significant economic impact on the small vehicle manufacturers because under 49 CFR
part 525, passenger car manufacturers building fewer than 10,000 vehicles per year can petition NHTSA to have alternative standards set for those manufacturers. Listed manufacturers producing ICE vehicles do not currently meet the standard and must already petition the agency for relief. If the standard is raised, it has no meaningful impact on these manufacturersthey still must go through the same process and petition for relief. Given there already is a mechanism for relieving burden on small businesses, which is the purpose of the Regulatory Flexibility Act, a regulatory flexibility analysis was not prepared.
Further, small manufacturers of electric vehicles would not face a significant economic impact. The method for earning credits applies equally across manufacturers and does not place small entities at a significant competitive disadvantage. In any event, even if the rule had a significant economic impact on these small EV
manufacturers, the amount of these companies is not a substantial number. 576 For these reasons, their existence does not alter the agencys analysis of the applicability of the Regulatory Flexibility Act.
574 Estimated number of employees as of June 2021, source: Linkedin.com and other websites reporting company profiles.
575 Rough estimate of light duty vehicle production for model year 2020.
576 5 U.S.C. 605.

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F. Executive Order 13132 Federalism Executive Order 13132 requires Federal agencies to develop an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. The order defines the term policies that have federalism implications to include regulations that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Under the order, agencies may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, unless the Federal Government provides the funds necessary to pay the direct compliance costs incurred by the State and local governments, or the agencies consult with State and local officials early in the process of developing the proposed regulation.
NHTSA has complied with the orders requirements and consulted directly with the California Air Resources Board in developing a number of elements of this proposal. This proposal would not impose direct compliance costs on State or local governments, because the only entities directly subject to the proposal are vehicle manufacturers.
With regard to the federalism implications of the proposal, NHTSA
has spoken to this issue separately at 86
FR 25980 May 12, 2021, Corporate Average Fuel Economy CAFE
Preemption, notice of proposed rulemaking. Comments on preemption
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of State and local laws related to fuel economy standards that are received to this NPRM will be deemed late comments to that NPRM the comment period for which has closed and will be considered as time permits.
G. Executive Order 12988 Civil Justice Reform Pursuant to Executive Order 12988, Civil Justice Reform 61 FR 4729, Feb.
7, 1996, NHTSA has considered whether this rulemaking would have any retroactive effect. This proposal does not have any retroactive effect.
H. Executive Order 13175 Consultation and Coordination With Indian Tribal Governments This proposal does not have tribal implications, as specified in Executive Order 13175 65 FR 67249, Nov. 9, 2000. This proposal, if finalized, would be implemented at the Federal level and would impose compliance costs only on vehicle manufacturers. Thus, Executive Order 13175, which requires consultation with Tribal officials when agencies are developing policies that have substantial direct effects on Tribes and Tribal interests, should not apply to this proposal.
I. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act of 1995 UMRA
requires Federal agencies to prepare a written assessment of the costs, benefits, and other effects of a proposed or final rule that includes a Federal mandate likely to result in the expenditure by State, local, or Tribal governments, in the aggregate, or by the private sector, of
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Table IX-1 - Small Domestic Vehicle Manufacturers