[Federal Register Volume 62, Number 64 (Thursday, April 3, 1997)]
[Rules and Regulations]
[Pages 15859-15860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8519]
[[Page 15859]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 533
[Docket No. 97-15; Notice 1]
RIN 2127-AG64
Light Truck Average Fuel Economy Standard, Model Year 1999
AGENCY: National Highway Traffic Safety Administration (NHTSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule establishes the average fuel economy standard
for light trucks manufactured in model year (MY) 1999. The issuance of
the standard is required by statute. Pursuant to section 323 of the
fiscal year (FY) 1997 DOT Appropriations Act, the light truck standard
for MY 1999 is 20.7 mpg.
DATES: The amendment is effective May 5, 1997. The standard applies to
the 1999 model year. Petitions for reconsideration must be submitted
within 45 days of publication.
ADDRESSES: Petitions for reconsideration should be submitted to:
Administrator, National Highway Traffic Safety Administration, 400
Seventh Street, S.W., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Mr. Otto G. Matheke, III, Office of
Chief Counsel, National Highway Traffic Safety Administration, 400
Seventh Street SW, Washington, DC 20590 (202-366-5263).
SUPPLEMENTARY INFORMATION:
I. Background
In December 1975, during the aftermath of the energy crisis created
by the oil embargo of 1973-74, Congress enacted the Energy Policy and
Conservation Act. The Act established an automotive fuel economy
regulatory program by adding Title V, ``Improving Automotive
Efficiency,'' to the Motor Vehicle Information and Cost Saving Act.
Title V has been amended and recodified without substantive change as
Chapter 329 of Title 49 of the United States Code. Chapter 329 provides
for the issuance of average fuel economy standards for passenger
automobiles and automobiles that are not passenger automobiles (light
trucks).
Section 32902(a) of Chapter 329 states that the Secretary of
Transportation shall prescribe by regulation corporate average fuel
economy (CAFE) standards for light trucks for each model year. That
section also states that ``[e]ach standard shall be the maximum
feasible average fuel economy level that the Secretary decides the
manufacturers can achieve in that model year.'' (The Secretary has
delegated the authority to implement the automotive fuel economy
program to the Administrator of NHTSA. 49 CFR 1.50(f).) Section
32902(f) provides that in determining the maximum feasible average fuel
economy level, NHTSA shall consider four criteria: technological
feasibility, economic practicability, the effect of other motor vehicle
standards of the Government on fuel economy, and the need of the United
States to conserve energy. Pursuant to this authority, the agency has
set light truck CAFE standards through MY 1998. See 49 CFR 533.5(a).
The standard for MY 1998 is 20.7 mpg.
NHTSA began the process of establishing light truck CAFE standards
for model years after MY 1997 by publishing an Advance Notice of
Proposed Rulemaking (ANPRM) in the Federal Register. 59 FR 16324 (April
6, 1994). The ANPRM outlined the agency's intention to set standards
for some or all of model years 1998 to 2006.
On November 15, 1995, the Department of Transportation and Related
Agencies Appropriations Act for Fiscal Year 1996 was enacted. Pub. L.
104-50. Section 330 of that Act provides:
None of the funds in this Act shall be available to prepare,
propose, or promulgate any regulations * * * prescribing corporate
average fuel economy standards for automobiles * * * in any model
year that differs from standards promulgated for such automobiles
prior to enactment of this section.
NHTSA thereafter issued a final rule limited to MY 1998, which set
the light truck CAFE standard for that year at 20.7 mpg, the same
standard as had been set for MY 1997. 61 FR 14680 (April 3, 1996).
On September 30, 1996, the Department of Transportation and Related
Agencies Appropriations Act for Fiscal Year 1997 was enacted. Pub. L.
104-205. Section 323 of that Act provides:
None of the funds in this Act shall be available to prepare,
propose, or promulgate any regulations * * * prescribing corporate
average fuel economy standards for automobiles * * * in any model
year that differs from standards promulgated for such automobiles
prior to enactment of this section.
Because light truck CAFE standards must be set no later than
eighteen months before the beginning of the model year in question, the
deadline for NHTSA to set the MY 1999 standard is approximately April
1, 1997, a date falling within FY 1997. Since the issuance of a
standard requires the expenditure of funds, the agency's ability to
promulgate a standard for MY 1999 at a level other than the level
specified for MY 1998 is prohibited by the terms of section 323 of the
FY 1997 Appropriations Act.
The language contained in Section 323 of the FY 1997 Appropriations
Act is identical to that found in Section 330 of the FY 1996
Appropriations Act. The adoption of identical language in the FY 1997
Act compels the conclusion that Congress considered the agency's prior
interpretation of this language to be correct: the limitation precludes
NHTSA from setting a light truck standard that differs from one adopted
in the previous year.
Examination of the legislative history of the FY 1997 Act further
supports this view. The language contained in Section 323 remained
unmodified as part of H.R. 3675, which was eventually enacted as the FY
1997 Act. Section 323 was reported by the House Committee on
Appropriations as part of H.R. 3675. The Committee print of the House
Report to accompany H.R. 3675 stated that the section precluded NHTSA
from prescribing CAFE standards that differ from those set for the 1998
model year.
As explained above, section 323 precludes NHTSA from preparing,
proposing, or issuing any CAFE standard that is not identical to those
previously established for MY 1998. In NHTSA's view, the express
directive contained in the FY 1997 Appropriations Act precludes the
agency from exercising any discretion in setting CAFE standards for the
1999 model year. The agency has not issued a Notice of Proposed
Rulemaking (NPRM) and has therefore not offered an opportunity for
notice and comment prior to issuance of the MY 1999 light truck
standard. As NHTSA cannot expend any funds to set the 1999 standard at
any level other than the MY 1998 standard, providing an opportunity for
notice and comment would be superfluous. Accordingly, NHTSA is setting
the MY 1999 light truck CAFE standard at the MY 1998 level of 20.7 mpg.
II. Impact Analyses
A. Economic Impacts
All past fuel economy rules have had economic impacts in excess of
$100 million per year. Although the agency has no discretion under the
statute (as well as with respect to the costs it imposes), NHTSA is
treating this rule as ``economically significant'' under Executive
Order 12866 and ``major'' under 5 U.S.C. 801.
[[Page 15860]]
B. Environmental Impacts
NHTSA has not conducted an evaluation of the impacts of this action
under the National Environmental Policy Act. There is no requirement
for such an evaluation where Congress has eliminated the agency's
discretion by precluding any action other than the one announced in
this notice.
C. Impacts on Small Entities
NHTSA has not conducted an evaluation of this action pursuant to
the Regulatory Flexibility Act. As Congress has eliminated the agency's
discretion by precluding any action other than the one taken in this
notice, such an evaluation is unnecessary. Past evaluations indicate,
however, that few, if any, light truck manufacturers would have been
classified as a ``small business'' under the Regulatory Flexibility
Act.
D. Impact of Federalism
This action has not been analyzed in accordance with the principles
and criteria contained in Executive Order 12612. The preparation of a
Federalism Assessment is not required where Congress has precluded any
action other than the one published in this notice. As a historical
matter, prior light truck standards have not had sufficient Federalism
implications to warrant the preparation of a Federalism Assessment.
E. Department of Energy Review
In accordance with section 49 U.S.C. Sec. 32902(j), NHTSA submitted
this final rule to the Department of Energy for review. That Department
made no unaccommodated comments.
III. Conclusion
Based on the foregoing, the agency is establishing a combined
average fuel economy standard for non-passenger automobiles (light
trucks) for MY 1999 at 20.7 mpg.
List of Subjects in 49 CFR Part 533
Energy conservation, Motor vehicles.
PART 533--[AMENDED]
In consideration of the foregoing, 49 CFR part 533 is amended as
follows:
1. The authority citation for part 533 continues to read as
follows:
Authority: 49 U.S.C. 32902; delegation of authority at 49 CFR
1.50.
2. Sec. 533.5(a) is amended by revising Table IV to read as
follows:
Sec. 533.5 Requirements.
* * * * *
Table IV
------------------------------------------------------------------------
Model year Standard
------------------------------------------------------------------------
1996......................................................... 20.7
1997......................................................... 20.7
1998......................................................... 20.7
1999......................................................... 20.7
------------------------------------------------------------------------
Issued on: March 31, 1997.
Philip R. Recht,
Deputy Administrator.
[FR Doc. 97-8519 Filed 3-31-97; 1:44 pm]
BILLING CODE 4910-59-P