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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules
E. Summary of Comments Received F. Supplemental Request for Public Comment G. Rulemaking Analyses and Notices 1. Executive Order 12866, Executive Order 13563, and DOT Regulatory Policies and Procedures 2. Regulatory Flexibility Act 3. Executive Order 13132 Federalism 4. Unfunded Mandates Reform Act of 1995
5. National Environmental Policy Act 6. Executive Order 12778 Civil Justice Reform 7. Paperwork Reduction Act 8. Privacy Act
A. Public Participation This section describes how you can participate in the commenting process.
1 How do I prepare and submit comments?
Your comments must be written. To ensure that your comments are correctly filed in the docket, please include the docket number NHTSA20210001 in your comments. If you are submitting comments electronically as a PDF
Adobe file, we ask that the documents submitted be scanned using the Optical Character Recognition OCR process, thus allowing NHTSA to search and copy certain portions of your submissions.1 Please note that pursuant to the Data Quality Act, in order for the substantive data to be relied upon and used by NHTSA, it must meet the information quality standards set forth in the Office of Management and Budget OMB and Department of Transportation DOT Data Quality Act guidelines. Accordingly, we encourage you to consult the guidelines in preparing your comments. OMBs guidelines may be accessed at https
www.whitehouse.gov/omb/informationregulatory-affairs/information-policy/.
DOTs guidelines may be accessed at https www.transportation.gov/dotinformation-dissemination-qualityguidelines.

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2 Tips for Preparing Your Comments When submitting comments, please remember to:
Identify the rulemaking by docket number and other identifying information subject heading, Federal Register date and page number.
Explain why you agree or disagree, suggest alternatives, and substitute language for your requested changes.
Describe any assumptions and provide any technical information and/
or data that you used.
If you estimate potential costs or burdens, explain how you arrived at 1 OCR is the process of converting an image of text, such as a scanned paper document or electronic fax file, into computer-editable text.

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your estimate in sufficient detail to allow for it to be reproduced.
Provide specific examples to illustrate your concerns, and suggest alternatives.
Explain your views as clearly as possible, avoiding the use of profanity or personal threats.
Make sure to submit your comments by the comment period deadline identified in the DATES section above.
3 How can I be sure that my comments were received?
If you submit your comments by mail and wish Docket Management to notify you upon its receipt of your comments, enclose a self-addressed, stamped postcard in the envelope containing your comments. Upon receiving your comments, Docket Management will return the postcard by mail. If you submit information through email under a claim of confidentiality, as discussed below, you may request a delivery receipt.
4 How do I submit confidential business information?
If you wish to submit any information under a claim of confidentiality, you should submit your complete submission, including the information you claim to be confidential business information CBI, to the NHTSA Chief Counsel. When you send a comment containing CBI, you should include a cover letter setting forth the information specified in our CBI regulation.2 In addition, you should submit a copy from which you have deleted the claimed CBI to the docket by one of the methods set forth above.
To facilitate social distancing due to COVID19, NHTSA is treating electronic submission as an acceptable method for submitting CBI to NHTSA
under 49 CFR part 512. Any CBI
submissions sent via email should be sent to an attorney in the Office of Chief Counsel at the address given above under FOR FURTHER INFORMATION
CONTACT. Likewise, for CBI submissions via a secure file transfer application, an attorney in the Office of Chief Counsel must be set to receive a notification when files are submitted and have access to retrieve the submitted files. At this time, regulated entities should not send a duplicate hardcopy of their electronic CBI submissions to DOT
headquarters.
Please note that these modified submission procedures are only to facilitate continued operations while maintaining appropriate social 2 See
PO 00000

49 CFR part 512.

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distancing due to COVID19. Regular procedures for Part 512 submissions will resume upon further notice, when NHTSA and regulated entities discontinue operating primarily in telework status.
If you have any questions about CBI
or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT
section.
5 How can I read the comments submitted by other people?
You may read the materials placed in the docket for this document e.g., the comments submitted in response to this document by other interested persons at any time by going to http
www.regulations.gov. Follow the online instructions for accessing the dockets.
You may also read the materials at the NHTSA Docket Management Facility by going to the street addresses given above under ADDRESSES.
B. CAFE Statutory and Regulatory Background NHTSA sets 3 and enforces 4 corporate average fuel economy CAFE standards for the United States light-duty automobile fleet, and in doing so, assesses civil penalties against manufacturers that violate applicable standards and are unable to make up the shortfall with credits.5 The civil penalty amount for CAFE violations was originally set by statute in 1975, and beginning in 1997, included a rate of $5.50 per each tenth of a mile per gallon 0.1 that a manufacturers CAFE
performance falls short of its compliance obligation. This shortfall amount is then multiplied by the number of vehicles in that manufacturers fleet.6 The basic equation for calculating a manufacturers civil penalty amount, before accounting for credits, is as follows:
penalty rate, in $ per 0.1 mpg per vehicle amount of shortfall, in 3 49 U.S.C. 32902. The authorities vested in the Secretary under chapter 329 of Title 49, U.S.C., have been delegated to NHTSA. 49 CFR 1.95a.
4 49 U.S.C. 32911, 32912.
5 Within statutory constraints, credits may be either earned for over-compliance by a given manufacturers fleet, in a given model year, transferred from one fleet to another, or purchased in which case, another manufacturer earned the credits by over-complying and chose to sell that surplus. 49 U.S.C. 32903.
6 A manufacturer may have up to three fleets of vehicles, for CAFE compliance purposes, in any given model yeara domestic passenger car fleet, an imported passenger car fleet, and a light truck fleet. Each fleet belonging to each manufacturer has its own compliance obligation, with the potential for either over-compliance or under-compliance.
There is no overarching CAFE requirement for a manufacturers total production.

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