[Federal Register Volume 73, Number 61 (Friday, March 28, 2008)]
[Proposed Rules]
[Pages 16615-16617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6227]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 531 and 533

[Docket No. NHTSA-2008-0060]


Notice of Intent to Prepare an Environmental Impact Statement for 
New Corporate Average Fuel Economy Standards

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Notice of intent; request for scoping comments.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), 
NHTSA plans to prepare an Environmental Impact Statement (EIS) to 
address the potential environmental impacts of the agency's Corporate 
Average Fuel Economy program for passenger automobiles (referred to 
herein as ``passenger cars'') and non-passenger automobiles (referred 
to herein as ``light trucks''). The EIS will consider the potential 
environmental impacts of new fuel economy standards for model year 
2011-2015 passenger cars and light trucks that NHTSA will be proposing 
pursuant to the Energy Independence and Security Act of 2007.
    To this end, this notice initiates the NEPA scoping process to 
identify the environmental issues and reasonable alternatives to be 
examined in the EIS, and requests comments regarding those and other 
matters related to the scope of NHTSA'S NEPA analysis for the new 
standards. NHTSA will provide further guidance for the public about the 
scoping process in a separate notice that will be published when the 
proposal itself is published.

DATES: The scoping process will culminate in the preparation and 
issuance of a Draft EIS, which will be made available for public 
comment. Interested persons are requested to submit their scoping 
comments as soon as possible after the issuance of the proposal in 
order to ensure their consideration and facilitate the agency's prompt 
preparation of the Draft EIS.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery or Courier: U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. Eastern 
time, Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Regardless of how you submit your comments, you should mention the 
docket number of this document.
    You may call the Docket at 202-366-9324.
    Note that all comments received, including any personal information 
provided, will be posted without change to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For technical issues, contact Carol 
Hammel-Smith, Fuel Economy Division, Office of International Vehicle, 
Fuel Economy and Consumer Standards, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. 
Telephone: 202-366-5206.
    For legal issues, contact Kerry E. Rodgers, Vehicle Safety 
Standards & Harmonization Division, Office of the Chief Counsel, 
National Highway Traffic Safety Administration, 1200 New Jersey Avenue, 
SE., Washington, DC 20590. Telephone: 202-366-5552.

SUPPLEMENTARY INFORMATION: NHTSA is preparing a notice of proposed 
rulemaking (NPRM) to propose Corporate Average Fuel Economy (CAFE) 
standards for model year (MY) 2011-2015 passenger cars and light trucks 
pursuant to the amendments made by the Energy Independence and Security 
Act of 2007, Public Law 110-140, 121 Stat. 1492 (December 19, 2007)

[[Page 16616]]

(EISA), to the Energy Policy and Conservation Act (EPCA).\1\ 49 
U.S.C.A. 32901 et seq. NHTSA intends to prepare an Environmental Impact 
Statement (EIS) to address the potential environmental impacts of the 
proposed standards in the context of NHTSA's CAFE program.
---------------------------------------------------------------------------

    \1\ On February 20, 2008, NHTSA submitted a draft NPRM proposing 
those standards to the Office of Management and Budget for review 
pursuant to Executive Order 12,866, ``Regulatory Planning and 
Review'' (58 FR 51735, October 4, 1993), as amended.
---------------------------------------------------------------------------

    This notice of intent initiates the scoping process for the EIS 
under the National Environmental Policy Act (NEPA), 42 U.S.C. 4321-
4347, and implementing regulations issued by the Council on 
Environmental Quality (CEQ), 40 CFR Pt. 1500, and NHTSA, 49 CFR Pt. 
520. See 40 CFR 1501.7, 1508.22; 49 CFR 520.21(g). Specifically, this 
notice of intent requests public input on the scope of NHTSA's NEPA 
analysis relating to the CAFE standards for MY 2011-2015 automobiles. 
As a related part of the NEPA scoping process, NHTSA intends to 
describe proposed standards to meet EPCA's requirements and the 
possible alternatives NHTSA plans to consider for purposes of its NEPA 
analysis in its NPRM and in a separate scoping notice that will provide 
further guidance for the public about the scoping process. See 40 CFR 
1508.22.
    EPCA sets forth extensive requirements concerning the rulemaking to 
establish MY 2011-2015 CAFE standards. It requires the Secretary of 
Transportation \2\ to establish CAFE standards at least 18 months 
before each model year and to set them at ``the maximum feasible 
average fuel economy level that the Secretary decides the manufacturers 
can achieve in that model year.'' 49 U.S.C.A. 32902(a). In making 
decisions about ``maximum feasible'' levels of fuel economy, the 
Secretary is required to ``consider 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.'' 49 U.S.C. 32902(a), 32902(f). In past rulemakings, 
NHTSA has construed these statutory factors as including environmental 
and safety considerations.\3\ NHTSA also considers environmental 
impacts under NEPA when setting CAFE standards.
---------------------------------------------------------------------------

    \2\ NHTSA is delegated responsibility for implementing the EPCA 
fuel economy requirements assigned to the Secretary of 
Transportation. 49 CFR 1.50, 501.2(a)(8).
    \3\ There is case law with respect to the consideration of 
safety. See, e.g., Competitive Enterprise Inst. v. NUTSA, 956 F.2d 
321, 322 (D.C. Cir. 1992) (citing Competitive Enterprise Inst. v. 
NIHTSA, 901 F.2d 107, 120 n.11 (D.C. Cir. 1990)): see also Center 
for Biological Diversity v. NHTSA, 508 F.3d 508, 547 (9th Cir. 
2007).
---------------------------------------------------------------------------

    EPCA further directs the Secretary, after consultation with the 
Secretary of Energy and the Administrator of the Environmental 
Protection Agency, to establish separate average fuel economy standards 
for passenger cars and for light trucks manufactured in each model year 
beginning with model year 2011 ``to achieve a combined fuel economy 
average for model year 2020 of at least 35 miles per gallon for the 
total fleet of passenger and non-passenger automobiles manufactured for 
sale in the United States for that model year.'' 49 U.S.C.A. 
32902(b)(1), 32902(b)(2)(A). In doing so, the Secretary of 
Transportation is required to ``prescribe annual fuel economy standard 
increases that increase the applicable average fuel economy standard 
ratably beginning with model year 2011 and ending with model year 
2020.'' 49 U.S.C.A. 32902(b)(2)(C). The standards for passenger cars 
and light trucks must be ``based on 1 or more vehicle attributes 
related to fuel economy,'' 49 U.S.C.A. 32902(b)(3)(A). In any single 
rulemaking, standards may be established for not more than five model 
years. 49 U.S.C.A. 32902(b)(3)(B). EPCA also specifies a minimum 
standard for domestically manufactured passenger cars. 49 U.S.C.A. 
32902(b)(4).
    In preparing an EIS for the new MY 2011-2015 CAFE standards, NHTSA 
intends to consider issues raised in litigation concerning a 2006 final 
rule, ``Average Fuel Economy Standards for Light Trucks, Model Years 
2008-2011,'' 71 FR 17,566, April 6, 2006 (2006 Rule). NHTSA prepared a 
final EA for the 2006 Rule after publishing a draft EA for public 
comment and considering the comments received. Based on the final EA, 
NHTSA determined that the 2006 Rule would not have a significant effect 
on the quality of the human environment and that the agency therefore 
was not required to prepare an EIS. See 71 FR at 17,671; 42 U.S.C. 
4332(2)(C).\4\
---------------------------------------------------------------------------

    \4\ Before preparing an EIS, an agency may prepare a more 
concise environmental assessment (EA) to present ``sufficient 
evidence and analysis for determining whether to prepare an [EIS] or 
a finding of no significant impact'' and to ``[f]acilitate 
preparation of [an EIS] when one is necessary.'' 40 CFR 
1508.9(a)(1), (3). NHTSA's final EA and Finding of No Significant 
Impact (FONSI) are available in the docket for the 2006 Rule. See 
Docket No. NHTSA-2006-24309-0006 (Final Environmental Assessment: 
NHTSA Corporate Average Fuel Economy (CAFE) Standards, March 29, 
2006): Docket No. NHTSA 2006-24309-0003[1] (Finding of No 
Significant Environmental Impact for Model Year 2008-2011 Light 
Truck Fuel Economy Standards, March 28, 2006).
---------------------------------------------------------------------------

    In a challenge to the 2006 Rule, petitioners argued in the U.S. 
Court of Appeals for the Ninth Circuit that NHTSA's EA did not comply 
with NEPA and that NEPA requires the agency to prepare an EIS. See 
Center for Biological Diversity v. NHTSA, 508 F.3d 508, 514, 545-58 
(9th Cir. 2007).\5\ The Court held, among other things, that NHTSA did 
not prepare an adequate EA under NEPA. 508 F.3d at 548-558. The Court's 
remedy was to order the agency to prepare an EIS. 508 F.3d 558. The 
Government is presently seeking rehearing in the Ninth Circuit on the 
appropriateness of that remedy.
---------------------------------------------------------------------------

    \5\ The Petitioners also challenged the 2006 Rule under EPCA. 
See Center for Biological Diversity v. NHTSA, 508 F.3d at 527-45.
---------------------------------------------------------------------------

    In any event, NHTSA must now propose CAFE standards for MY 2011 and 
beyond, pursuant to the recent amendments to EPCA, to begin increasing 
CAFE levels so that the combined fleet of all passenger cars and light 
trucks in MY 2020 will achieve at least 35 mpg. NHTSA, therefore, now 
needs to engage in a new analysis, including taking a fresh look at 
potential environmental impacts under NEPA, and assessing whether or 
not those impacts are ``significant'' within the meaning of NEPA law. 
See 40 CFR 1508.27.
    NHTSA is beginning the EIS process for that rule, which includes 
light truck standards for one model year previously covered by the 2006 
Rule (MY 2011). We are doing so now because a standard for MY 2011 must 
be issued by the end of March 2009 and achieving an industry-wide 
combined fleet average of at least 35 miles per gallon for MY 2020 
depends, in substantial part, upon setting standards well in advance so 
as to provide the automobile manufacturers with as much lead time as 
possible to make the extensive necessary changes to their automobiles.
    The scoping process initiated by this notice seeks to determine 
``the range of actions, alternatives, and impacts to be considered'' in 
the EIS and to identify the most important issues for analysis 
involving the potential environmental impacts of NHTSA's CAFE 
standards. See 40 CFR 1501.7, 1508.25. NHTSA invites stakeholders to 
participate in the scoping process by submitting written comments to 
the docket number identified in the heading of this notice using any of 
the methods described in the ADDRESSES section of this notice. NHTSA 
believes that the EPCA provisions described above regarding the levels 
of the standards to be established and NHTSA's implementation of the 
CAFE program to

[[Page 16617]]

date provide sufficient information to begin the scoping process. This 
assessment is supported by the public comments submitted on the 2005 
NPRM that led to the 2006 Rule (70 FR 51414, August 30, 2005).
    As noted above, NHTSA plans to publish a separate scoping notice in 
the Federal Register to provide further information and guidance to 
facilitate public participation in the scoping process. Based on 
comments received during scoping, NHTSA expects to prepare a draft EIS 
for public comment and a final EIS to support a final rule later this 
year.

    Issued: March 21, 2008.
 Ronald Medford,
Senior Associate Administrator for Vehicle Safety.
 [FR Doc. E8-6227 Filed 3-27-08; 8:45 am]
BILLING CODE 4910-59-M