Federal Register - September 3, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules
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technology to adjust the fuel economy performance.
D A manufacturer may request an extension from NHTSA for more time to obtain an EPA approval. Manufacturers should submit their requests 30 days before the deadlines in paragraphs b3iA through C of this section.
Requests should be submitted to NHTSAs Director of the Office of Vehicle Safety Compliance at cafe@
dot.gov.
ii Review and approval process.
NHTSA will provide its views on the suitability of using the off-cycle technology to adjust the fuel economy performance to the EPA. NHTSAs evaluation and review will consider:
A Whether the technology has a direct impact upon improving fuel economy performance;
B Whether the technology is related to crash-avoidance technologies, safety critical systems or systems affecting safety-critical functions, or technologies
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designed for the purpose of reducing the frequency of vehicle crashes;
C Information from any assessments conducted by the EPA related to the application, the technology and/or related technologies; and D Any other relevant factors.
iii Safety. A Technologies found to be defective, or identified as a part of NHTSAs safety defects program, and technologies that are not performing as intended, will have the values of approved off-cycle credits removed from the manufacturers credit balance or adjusted if the manufacturers can remedy the defective technology.
NHTSA will consult with the manufacturer to determine the amount of the adjustment.
B Approval granted for innovative and off-cycle technology credits under NHTSAs fuel efficiency program does not affect or relieve the obligation to comply with the Vehicle Safety Act 49
U.S.C. Chapter 301, including the
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make inoperative prohibition 49
U.S.C. 30122, and all applicable Federal motor vehicle safety standards issued thereunder FMVSSs 49 CFR
part 571. In order to generate off-cycle or innovative technology credits manufacturers must state 1 That each vehicle equipped with the technology for which they are seeking credits will comply with all applicable FMVSSs; and 2 Whether or not the technology has a fail-safe provision. If no fail-safe provision exists, the manufacturer must explain why not and whether a failure of the innovative technology would affect the safety of the vehicle.
Appendix A to Part 531Example of Calculating Compliance Under 531.5c Assume a hypothetical manufacturer Manufacturer X produces a fleet of domestic passenger automobiles in MY
2012 as follows:
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03SEP2
