Federal Register - September 3, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules appropriate values in Table 5 to paragraph a of this section, with said option being irrevocably chosen for that model year and reported as specified in 537.8 of this chapter.
h For model year 2011, a manufacturers light truck fleet shall comply with the fleet average fuel economy standard calculated for that model year according to Figure 1 to paragraph a of this section and the appropriate values in Table 5 to paragraph a of this section.
i For model years 20122016, a manufacturers light truck fleet shall comply with the fleet average fuel economy standard calculated for that model year according to Figures 2 and 3 to paragraph a of this section and the appropriate values in Table 6 to paragraph a of this section.
j For model years 20172025, a manufacturers light truck fleet shall comply with the fleet average fuel economy standard calculated for that model year according to Figures 2 and 4 to paragraph a of this section and the appropriate values in Table 7 to paragraph a of this section.
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533.6 Measurement and calculation procedures.
a Any reference to a class of light trucks manufactured by a manufacturer shall be deemed 1 To include all light trucks in that class manufactured by persons who control, are controlled by, or are under common control with, such manufacturer; and 2 To include only light trucks which qualify as non-passenger vehicles in accordance with 49 CFR 523.5 based upon the production measurements of the vehicles as sold to dealerships; and 3 To exclude all light trucks in that class manufactured within the meaning of paragraph a1 of this section during a model year by such manufacturer which are exported prior to the expiration of 30 days following the end of such model year.
b The fleet average fuel economy performance of all light trucks that are manufactured by a manufacturer in a model year shall be determined in accordance with procedures established by the Administrator of the Environmental Protection Agency EPA
under 49 U.S.C. 32904 and set forth in 40 CFR part 600.
c For model years 2017 and later, a manufacturer is eligible to increase the fuel economy performance of light trucks in accordance with procedures established by the EPA set forth in 40
CFR part 600, subpart F, including any adjustments to fuel economy the EPA
allows, such as for fuel consumption
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improvements related to air conditioning efficiency, off-cycle technologies, and hybridization and other performance-based technologies for full-size pickup trucks that meet the requirements specified in 40 CFR
86.1803. Manufacturers must provide reporting on these technologies as specified in 49 CFR 537.7 by the required deadlines.
1 Efficient air conditioning technologies. A manufacturer that seeks to increase its fleet average fuel economy performance through the use of technologies that improve the efficiency of air conditioning systems must follow the requirements in 40 CFR
86.186812. Fuel consumption improvement values resulting from the use of those air conditioning systems must be determined in accordance with 40 CFR 600.51012c3i.
2 Incentives for advanced full-size light-duty pickup trucks. The eligibility of a manufacturer to increase its fuel economy using hybridized and other performance-based technologies for fullsize pickup trucks must follow 40 CFR
86.187012 and the fuel consumption improvement of these full-size pickup truck technologies must be determined in accordance with 40 CFR 600.510
12c3iii. Manufacturers may also combine incentives for full size pickups and dedicated alternative fueled vehicles when calculating fuel economy performance values in 40 CFR 600.510
12.
3 Off-cycle technologies on EPAs predefined list or using 5-cycle testing.
A manufacturer that seeks to increase its fleet average fuel economy performance through the use of off-cycle technologies must follow the requirements in 40 CFR
86.186912. A manufacturer is eligible to gain fuel consumption improvements for predefined off-cycle technologies in accordance with 40 CFR 86.186912b or for technologies tested using the EPAs 5-cycle methodology in accordance with 40 CFR 86.186912c.
The fuel consumption improvement is determined in accordance with 40 CFR
600.51012c3ii.
4 Off-cycle technologies using the alternative EPA-approved methodology.
A manufacturer is eligible to increase its fuel economy performance through use of an off-cycle technology requiring an application request made to the EPA in accordance with 40 CFR 86.186912d.
i Eligibility under the corporate average fuel economy CAFE program requires compliance with paragraphs c4iA through C of this section.
Paragraphs c4iA through C of this section apply starting in model year 2024.
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A A manufacturer seeking to increase its fuel economy performance using the alternative methodology for an off-cycle technology, if prior to the applicable model year, must submit to EPA a detailed analytical plan and be approved i.e., for its planned test procedure and model types for demonstration in accordance with 40
CFR 86.186912d.
B A manufacturer seeking to increase its fuel economy performance using the alternative methodology for an off-cycle technology must also submit an official credit application to EPA and obtain approval in accordance with 40
CFR 86.186912e prior to September of the given model year.
C Manufacturers plans, applications and requests approved by the EPA must be made in consultation with the National Highway Traffic Safety Administration NHTSA. To expedite NHTSAs consultation with the EPA, a manufacturer must concurrently submit its application to NHTSA if the manufacturer is seeking off-cycle fuel economy improvement values under the CAFE program for those technologies.
For off-cycle technologies that are covered under 40 CFR 86.186912d, NHTSA will consult with the EPA
regarding NHTSAs evaluation of the specific off-cycle technology to ensure its impact on fuel economy and the suitability of using the off-cycle technology to adjust the fuel economy performance.
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 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.
E NHTSA will collaborate to host annual meetings with EPA at least once by July 30th before the model year begins to provide general guidance to the industry on past off-cycle approvals.
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
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